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Home My WebLink About000203.tiff r- Colorado Counties Casualty & Property Pool 2003 Excess Liability Policy GP06301129 203 DELIVERY INVOICE TMeSfl uI Company: ST. PAUL FIRE & MARINE INSURANCE COMPANY Policy Inception/Effective Date: 01/01/03 N Agency Number 0549614 S COLORADO COUNTIES CASUALTY & PROPERTY U POOL (SEE CONTINUATION) Transaction Type: R 1700 BROADWAY, SUITE 1512 RENEWAL OF POLICY E DENVER CO 80290 Transaction number: 001 D Processing date: 01/24/03 11:42 Policy Number: GP06301129 A MARSH USA INC G 1225 17TH ST PLAZA STE 2100 E DENVER CO 80202-5534 N T Policy Description Amount Surtax/ Number Surcharge GP06301129 RENEWAL PREMIUM $1,037,268.00 40724 Ed.12-90 Printed in U.S.A. Page 1 INSURED COPY TheMin d 40724 Ed.12-90 Printed in U.S.A. Page 2 INSURED COPY INTRODUCTION hStIbUI This policy protects against a variety of Policy Number: GP06301129 losses. There are also some restrictions. We've written this policy in plain, easy-to- ST PAUL understand English. We encourage you to MAIL CODE 104F read it carefully to determine what is and 385 WASHINGTON STREET what is not covered, as well as the rights and duties of those protected. ST. PAUL MN 55102-1118 In return for your premium, we'll provide the Your policy is composed of General Rules, protection stated in this policy. an explanation of What To Do If You Have A Loss, one or more Coverage Summaries, We, us, our, and ours mean St Paul Fire and and one or more Insuring Agreements Marine Insurance Company. We're a capital explaining your coverage. It may also stock company located in St. Paul, include one or more endorsements. Minnesota. Endorsements are documents that change your policy. The Policy Forms List shows The words you, your, and yours mean the all the forms included when this policy insured named here, which is a begins. COUNTY POOL COLORADO COUNTIES CASUALTY & PROPERTY One of our authorized representatives will 1700 BROADWAY, SUITE 1512 also countersign the policy. DENVER CO 80290 This policy will begin on 01/01/03 and will continue until 01/01/04 ***INSURED NAMES CONTINUED ON BACK*** Your former policy number is automatically replaced: 0P06301129 Your premium for the policy period shown is: $1,037,268.00 However, please refer to the Premiums section of the General Rules to see how final premiums are determined. Our authorized representative is: MARSH1U MARSH USA INC (1(1.41reel en} t 1225 17TH ST PLAZA STE 2100 DENVER CO 80202-5534 it) Authorized Representative Date Secretary Processing Date 01/24/03 11:42 001 40800 Ed. 5-87 Printed in U.S.A. Introduction "3 ©St.Paul Fire and Marine Insurance Co.1984 All Rights Reserved Page 25 lkStF9ul INSURED NAMES CONTINUED: POOL (SEE CONTINUATION) ,.._ yam, Page 26 ©St.Paul Fire and Marine Insurance Co.1984 All Rights Reserved POLICY FORM LIST TMeStidul Here's a list of all forms included in your policy, on the date shown below. These forms are listed in the same order as they appear in your policy. Title Form Ed. Nbr Date Introduction- St. Paul Fire And Marine Insurance Company 40800 05-87 Policy Form List 40502 01-80 Special Excess Liability Policy for Public Entities -Declarations CAPPLD 01-03 Named Insured Endorsement 40502 01-80 Special Excess Liability Policy for Public Entities—Insuring Agreement CAPPL 01-03 Retroactive Date Endorsement 40502 01-80 Policy Coverage Change for Garfield County 40502 01-80 Employee Benefits Program Administration Liability- Claims-Made Endt. 40502 01-80 Uninsured or Underinsured Motorists Rejection 40502 01-80 Colorado No-Fault(PIP) Endorsement 40502 01-80 Motor Carrier Policies of Insurance For Public Liability MCS-90 01-96 NAME OF INSURED: Colorado Co. Casualty & Property Pool PAGE 1 OF 1 POLICY NO: GP06301129 EFFECTIVE DATE: 01/01/2003 Form 40502 01-80 SPECIAL EXCESS LIABILITY POLICY FOR PUBLIC ENTITIES Declarations THIS IS A CLAIMS-MADE POLICY- PLEASE READ THIS POLICY CAREFULLY Policy Number: GP06301129 Named Insured and Mailing Address: COLORADO COUNTIES CASUALTY&PROPERTY POOL (CAPP) 1700 BROADWAY, SUITE 1512 DENVER, COLORADO 80290 POLICY PERIOD: From 01/1/2003 to 01/01/2004 at 12:01 AM standard time at Named Insured's mailing address as shown above LIMITS OF LIABILITY AND RETENTION: a) Self-Insured Retention Limit $250,000 each occurrence or wrongful act $4,000,000 in any one policy year b) Automobile Liability $2,750,000 each occurrence Automobile Medical Payments $5,000 each person c) Personal Injury, Property Damage $2,750,000 each occurrence Premises Medical Payments: $5,000 each person Sewer Back-Up $1,000,000 each occurrence d) Public Officials Errors and Omissions Liability: $2,750,000 each wrongful act e) Aggregate Limits of Coverage: Personal Injury, Property Damage: $2,750,000 in any one policy year Products & Completed Operations: $2,750,000 in any one policy year Public Officials Errors and Omissions Liability: $2,750,000 in any one policy year These aggregate limits above apply separately for CAPP and for each Participating Member County(PMC) RETROACTIVE DATE: JULY 1, 1986 Unless otherwise endorsed Colorado Counties Casualty&Property Pool St.Paul Fire&Marine Insurance Company Form CAPPLD Rev. 01-2003 7 TheMtiaui NAMED INSURED ENDORSEMENT 24.Kiowa It is agreed that the Participating Member 25.Kit Carson Counties named hereunder are included 26.Lake as Named Insureds: 27.La Plata 28.Las Animas 1. Alamosa 29.Lincoln 2. Archuleta 30.Logan 3. Baca 31.Mineral 4. Bent 32.Montrose 5. Chaffee 33.Morgan 6. Cheyenne 34.Otero 7. Clear Creek 35.Ouray 8. Conejos 36.Park 9. Costilla 37.Phillips 10.Crowley 38.Prowers 11.Custer 39.Pueblo 12.Delta 40.Rio Blanco 13.Dolores 41.Rio Grande 14.Eagle 42.Routt 15.Elbert 43.Saguache 16.Fremont 44.San Juan 17.Garfield 45.Sedgwick 18.Gilpin 46.Summit 19.Grand 47.Teller 20.Gunnison 48.Washington 21.Hinsdale 49.Weld 22.Huerfano 50.Yuma 23.Jackson Other Terms All other terms of the policy remain the same. Name of Insured Policy Number GP06301129 Effective Date 01-01-2003 COLORADO CO. CASUALTY&PROPERTY POOL 40502 Ed. 1-80 Customized Form © St.Paul Fire and Marine Insurance Co. 1980 Page 1 of 1 9 SPECIAL EXCESS LIABILITY POLICY FOR PUBLIC ENTITIES THIS IS A CLAIMS MADE FORM. READ YOUR POLICY CAREFULLY. r-+ Certain provisions in this policy restrict coverage. Read the entire policy carefully to determine your rights and duties and what is not covered. In consideration of the payment of the premium, and in reliance upon the statements in the Declarations made a part hereof and subject to the limits of liability, exclusions, conditions and other terms of this policy, the Company agrees with the Named Insureds as follows: INSURING AGREEMENT A. The Company will pay on behalf of the Insureds that portion of the Ultimate Net Loss in excess of the Retained Amount, which the Insureds shall become legally obligated to pay as damages (excluding all fines, penalties, punitive or exemplary damages) because of Automobile Liability, Personal Injury,Property Damage, or Public Officials Errors and Omissions Liability caused by an Occurrence or Wrongful Act to which this insurance applies. B. This insurance applies to Automobile Liability, Personal Injury, Property Damage or Public Officials Errors and Omissions Liability only if a claim for such damages: (1) is first made against an Insured during the policy period and written notice of such claim is received by a Named Insured, or us,whichever comes first, AND (2) is attributable to an occurrence or wrongful act which occurred on or after the Retroactive Date shown in the Declarations. C. This insurance also applies to Automobile Medical Payments and Premises Medical Payments, as defined in this policy, subject to the limits of coverage, exclusions, and other terms and conditions. D. All claims for damages because of Automobile Liability, Personal Injury and Public Officials Errors and Omission Liability to the same person, (including damages claimed by any person or organization for care, loss of consortium, loss of services or death resulting at any time) will be deemed to have been made at the time the first of those claims is made against an Insured. E. All claims for damages because of Property Damage causing loss to the same person or organization as a result of an occurrence will be deemed to have been made at the time the first of those claims is made against an Insured. St.Paul Fire&Marine Insurance Company Page 1 of 24 Colorado Counties Casualty&Property Pool Form CAPPL Rev. 01-2003 // DEFENSE COSTS The Company shall have the right and opportunity, but not the obligation, to be associated with the Named Insureds in the defense of any claims made, suits brought, or proceedings instituted which are or may be covered under this policy, and the Named Insureds and the Company shall cooperate to the fullest extent possible. If the Company avails itself of the opportunity to be associated in the defense, it shall do so at its own expense. Defense Costs are part of the Insureds'retained limit, and any payment of amounts incurred for defense will serve to reduce the Insureds' self-insured retention as specified in the Declarations. However, Defense Costs are in addition to the limits of coverage, and any payment of amounts incurred for defense do not reduce the limits of liability or aggregate limits of coverage. LIMITS OF COVERAGE AND SELF-INSURED RETENTION Regardless of the number of(1) Insureds under this policy, (2)persons or organizations who sustain injury or damage, or(3) claims made or suits brought on account of Automobile Liability, Personal Injury, Property Damage or Public Officials Errors and Omissions the Company's liability is limited as follows: A. Self-Insured Retention (1) The each occurrence or wrongful act self-insured retention shown in the declarations is the amount the Named Insureds are responsible for, including Defense Costs, in any one occurrence and/or wrongful act,before the limits of coverage will apply. (2) The aggregate self-insured retention shown in the declarations is the total amount the Named Insureds are responsible for, including defense costs, for all retained amounts in any one policy year. B. (1)Automobile Liability-The Company's liability shall be only for the Ultimate Net Loss in excess of the Insureds'retained limit, and shall not exceed the amount specified in the declarations as the result of any one occurrence. (2)Automobile Medical Payments -The limit of liability is included in the Self- Insured Retention. C. (1)Personal Injury and Property Damage - The Company's liability shall be only for the Ultimate Net Loss in excess of the Insureds' retained limit, and shall not exceed the amount specified in the declarations as the result of any one occurrence. However, the Company's liability for Ultimate Net Loss is further limited by the following: (a) P remises Medical Payments—The limit of liability is included in the Self-Insured Retention. St. Paul Fire&Marine Insurance Company Page 2 of 24 Colorado Counties Casualty&Property Pool /2 (b) Sewer Back-Up—The Company's liability shall be only for the Ultimate Net Loss in excess of the Insured's retained limit for personal injury and property damage that results from the back-up of sewage into a building from any sewage facility or sanitary sewer that an Insured owns, operates or maintains, and shall not exceed the sublimit specified in the declarations as the result of any one occurrence. D. Public Official's Errors and Omissions Liability- The Company's liability shall be only for the Ultimate Net Loss in excess of the Insureds' retained limit, and shall not exceed the amount specified in the declarations as the result of any one Wrongful Act. E. Aggregate Limits of Liability- This policy is subject to aggregate limits of liability as stated in the Declarations. These aggregate limits of liability are the maximum amount that will be paid under this policy for all Occurrences or Wrongful Acts during the Policy Period applying separately to: (A) Personal Injury and Property Damage (B)Products and Completed Operations (C) Public Officials Errors and Omissions Liability These aggregates apply separately for each Named Insured. The aggregates do not apply to Automobile Liability. For the purpose of determining the limit of the Company's liability, all Automobile Liability, Personal Injury or Property Damage claims arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one Occurrence. In addition, all Public Officials Errors and Omissions taking place over more than one Policy Period insured by this Company shall be deemed to have taken place during the last Policy Period and only the Limit of Liability for that Policy Period shall apply. TERRITORY This policy applies to Automobile Liability, Personal Injury, Property Damage, or Public Officials Errors and Omissions Liability occurring anywhere in the world. PERSONS OR ENTITIES INSURED Each of the following is an Insured to the extent set forth below: (A)The Named Insured. The Named Insured includes the Named Insured stated in the Declarations and each Participating Member County(as scheduled in the Named Insured Endorsement). St. Paul Fire&Marine Insurance Company Page 3 of 24 Colorado Counties Casualty&Property Pool /3 (B)Those individuals who were or now are elected or appointed officials of the Named Insureds, including members of their governing bodies or any other committees, trustees,boards or commissions of the Named Insureds; district attorneys, their assistants and staff while acting for or on behalf of district attorneys; agents, volunteers, and Useful Public Servants; all of the foregoing while acting for or on behalf of the Named Insureds. Exception: Members of the following boards or commissions are not Insureds: Housing Authorities, Port Authorities, School Boards, or Railroad Boards, (C)Past or present employees of a Named Insured while acting for or on behalf of a Named Insured. (D) Any person or organization as required by contract, but only for injury or damage that results from • premises owned, rented or leased by a Named Insured; • work done by a Named Insured; • any permitted user of autos the Named Insured is responsible for; or • any other obligations pursuant to an intergovernmental agreement entered into by a Named Insured. (E) Any person while using an automobile owned or hired by a Named Insured and any person or organization legally responsible for the use thereof, provided the actual use of the automobile is for or on behalf of a Named Insured and within the scope and permission thereof, and to include any official, trustee or employee of a Named Insured with respect to the use of non-owned automobiles in the business of a Named Insured. This Policy with respect to any person or organization other than a Named Insured does not apply: 1 to any person or organization or to any agent or employee thereof, operating an automobile sales agency, repair shop, service station, storage garage or public parking place, with respect to any accident arising out of the operation thereof; 2. to any employee of a Named Insured with respect to Bodily Injury to another employee of the same Named Insured injured in the course of such employment in an accident arising out of the maintenance or use of an automobile in the business of such employer; 3. with respect to any hired automobile, to the owner or a lessee thereof, other than a Named Insured, nor to any agent or employee of such owner or lessee. (F) Physicians who are employed by and performing services for an Insured, but only for their medical professional services for the jails and other detention facilities, and not including surgical procedures. St.Paul Fire&Marine Insurance Company Page 4 of 24 Colorado Counties Casualty&Property Pool EXCLUSIONS This policy does not apply to: (A) Workers Compensation To any obligation for which an Insured or any carrier as the insurer for an Insured may be held liable under any worker's compensation, occupational disease, unemployment compensation or disability benefits law, or under any similar law. (B) Property In a Named Insured's Care, Custody or Control To any liability for Property Damage to: (1) Real Property occupied by or leased to a Named Insured, its agents or subcontractors; or (2) Real or Personal Property in a Named Insured's, its agent's or subcontractor's care, custody or control or as to which a Named Insured, its agents or subcontractors is for any purpose exercising control, unless no other valid and collectible insurance is available to a Named Insured. (C) Contract Liability Limitations As respects liability assumed by a Named Insured under any contract: (1) To any claim,judgment or agreement from any binding arbitration proceeding wherein the Company is not entitled to exercise with the Named Insureds their rights in the choice of arbitrators, and in the conduct of such proceedings; (2) If the Indemnitee of the Named Insured is an architect, engineer or surveyor, to the liability of the Indemnitee, his/her agents or employees, arising out of: (a) The preparation or approval of contracts, maps, plans, drawings, opinions, reports, tests, surveys, change orders, designs or specifications, or; (b) The giving or the failure to give directions or instructions by the Indemnitee, his agents or employees, provided such giving or failure to give is the primary cause of Personal Injury or Property Damage. Except that (a) and (b) above will not apply to resulting Personal Injury or Property Damage. (D)Health Care Professional Services -Hospital or Surgical Procedures Liability for Personal Injury or Property Damage arising out of the rendering or failure to render health professional services: (a) which results from any surgical procedures or (b) services performed at any hospital. St.Paul Fire&Marine Insurance Company Page 5 of 24 Colorado Counties Casualty&Property Pool /L (E) Failure To Supply To liability arising out of the failure to supply a specific amount of electrical power, fuel or water or to liability arising out of the interruption of the electrical power, fuel or water supply. However, this exclusion does not apply if the failure to supply results from accidental damage to tangible property owned or used by any Insured to obtain, produce,process, or transmit such service. (F) Nuclear Energy Liability To Automobile Liability, Personal Injury, Property Damage, or Public Official's Liability: (1) (a) With respect to which an Insured is also an Insured under a nuclear energy policy issued by the Nuclear Energy Liability-Property Insurance Association, Mutual Atomic Energy Liability Underwriters of Nuclear Insurance Association of Canada, or would be an Insured under any such policy but for its termination upon exhaustion of its limit of liability; or (b) Resulting from the hazardous properties of nuclear material and with respect to which(i) any person or any organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, (ii) the Insured is, or had this policy not been available would,be, entitled to indemnity from the United States of America or any agency thereof, with any person or organization. (2) Under any liability coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if: (a) The nuclear material (i) is at any nuclear facility owned by the Insured or operated by the Insured or on the Insured's behalf, or(ii)has been discharged or dispensed therefrom; (b) The nuclear material is contained in spent fuel or waste at any time possessed, handled, used,processed, stored, transported or disposed of by the Insured or on the Insured's behalf; or (c) The injury, sickness, disease, death or destruction arises out of the furnishing by the Insured of services, materials,parts or equipment in connection with the planning, construction, maintenance, operating or use of any nuclear facility,but if such facility is located within the United States of America, its territories or Canada, this exclusion (3) applies only to injury or Property Damage to such nuclear facility and any property threat. (3) As used in this exclusion: (a) "hazardous properties" includes radioactive, toxic or explosive properties; St.Paul Fire&Marine Insurance Company Page 6 of 24 Colorado Counties Casualty&Property Pool (b) "nuclear material" means source material, special nuclear material, or byproducts material; (c) source material", "special nuclear material" and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or any law amendatory thereof; (d) "spent fuel" means any fuel element or fuel component, solid or liquid,. which has been used or exposed to radiation in a nuclear reactor; (e) "waste" means any waste material (i) containing by-product other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material contents and (ii)resulting from the operation by any person or organization of a nuclear facility included within the definition of nuclear facility below; (0 "nuclear facility"means: (i) any nuclear reactor (ii) any equipment or device designed or used for(1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or(3) handling,processing or packaging wastes; (iii) any equipment or device used for the processing, fabricating, or alloying of special nuclear material if at any time the total amount of such material in the Insured's custody at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (iv) any structure,basin, excavation,premises or place prepared or used for storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. (g) "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction to contain a critical mass of fissionable material; (h) with respect to injury or to destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property. St.Paul Fire&Marine Insurance Company Page 7 of 24 Colorado Counties Casualty&Property Pool 1'7 (G) Pollution Liability (1) To any claim or suit, or any obligation to defend any claims or suits, for Automobile Liability, Personal Injury, Property Damage, or Public Officials Errors and Omissions arising out of the discharge, dispersal, release or escape of Pollutants, anywhere in the world; However, this part of the exclusion doesn't apply to Automobile Liability that results from pollution caused by fuels, lubricants, fluids, exhaust gases or similar Pollutants that: (a) are needed for or result from the normal electrical,hydraulic or mechanical functioning of a covered auto, other than the operation of specialized equipment; and (b) escape, seep or migrate, or are discharged, dispersed or released, directly from a part of the covered auto designed by its manufacturer to hold, store, receive or dispose of such Pollutants. Nor does this part of the exclusion apply to Automobile Liability that results from pollution from property of others which: (a) isn't in your care, custody or control; (b) isn't being transported or towed by or for you; and (c) is damaged by an accident due to the ownership, maintenance or use of a covered auto. Nor does this part of the exclusion apply to General Liability that results from the application or use of: (a) chlorine or sodium hypochlorite in any Insured's sewage treatment, swimming pool maintenance, or water purification operations; or (b) any pesticide or herbicide by or for any Insured; if such application or use meets all legal or license requirements of any governmental agency or authority which apply to it. Nor does this part of the exclusion apply to General Liability that results from the back-up of sewage into a building from any sewage facility or sanitary sewer that is owned, operated or maintained by any Insured. However,we won't cover any claim or suit to the extent that they result from any corrosive or radioactive material or waste in the sewage. (2) To any loss, cost or expense arising out of any governmental direction or request that the Insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize Pollutants; (3) To any loss, cost, or expense incurred by a governmental unit or other third party, including but not limited to cost of investigation and monitoring and attorney's St.Paul Fire&Marine Insurance Company Page 8 of 24 Colorado Counties Casualty&Property Pool 1, V fees relating to activities in connection with efforts to test for, monitor, clean up, remove, contain, trace, detoxify or neutralize Pollutants. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste material. Waste material includes materials which are intended to be or have been recycled, reconditioned or reclaimed. Heat, smoke or fumes are not considered Pollutants when they result from a hostile fire at, on, in, or from a Named Insured's premises. (H)Noise Pollution Liability To any claim or suit, or any obligation to defend any claims or suits, for Automobile Liability, Personal Injury, Property Damage, or Public Officials Errors and Omissions arising from complaints of noise pollution. "Noise pollution" includes loud or irritating sounds. (I) Asbestos Liability (1) To any liability for Automobile Liability, Personal Injury, Property Damage, Public Officials Errors and Omissions, occupational disease, or death at any time arising out of the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to, asbestos products, asbestos fibers or asbestos dust; or, (2) To any obligation of the Insured to indemnify any party because of damage arising out of such Automobile Liability, Personal Injury, Property Damage, Public Officials Errors and Omissions, occupational disease, or death, at any time as a result of the manufacture of, mining of,use of, sale of, installation of, removal of, distribution of or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust; or (3) To any obligation to defend any suit or claim against the Insured alleging Automobile Liability, Personal Injury, or Property Damage, or Public Officials Errors and Omissions and seeking Damages, if such suit or claim arises from Personal Injury, or Property Damage, or Wrongful Acts, resulting or contributed to, by any and all manufacture of, mining of, use of, sales of, installation of, removal of, distribution of, or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust; (4) To any loss, cost, expense, fine or penalty arising out of any of the foregoing Items 1, 2, and 3. St.Paul Fire&Marine Insurance Company Page 9 of 24 Colorado Counties Casualty&Property Pool (J) ERISA As respects liability imposed upon an Insured (or which is imputed to an Insured) under the "Employee Retirement Income Security Act of 1974" and any law amendatory thereof; (K) Sexual Advances To claims arising out of advances involving intentional physical contact, whether consensual or not. This exclusion applies only to any person who has made any sexual advances involving intentional physical contact or who knowingly participated in such conduct by another. (L) Aircraft To liability arising out of the ownership, maintenance or use, including the loading or unloading of aircraft. However, this exclusion does not apply to aircraft that is not owned or chartered by an Insured if: (a) the aircraft is chartered with crew, including a pilot, not employed by the Insured; and (b) the Insured isn't using the aircraft to carry persons or property for a charge. (M)Watercraft To liability arising out of the ownership, maintenance or use, including loading or unloading, of watercraft over 26 feet in length,but this exclusion only applies if said watercraft is used to carry persons for hire. (N) War To loss or damage or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, any weapon of war employing atomic fission or radioactive force whether in time of peace or war, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority unless such acts of destruction by order of civil authority is at the time of and for the purpose of preventing spread of fire. (O) Known Occurrence or Wrongful Act To any claim or potential claim or Occurrence or Wrongful Act or circumstances for which a Named Insured has provided notice to any other insurance company before the policy period in the Declarations. (P) Prior Occurrence or Wrongful Act To any claim resulting from an Occurrence or Wrongful Act which occurred prior to the Retroactive Date in the Declarations. St.Paul Fire&Marine Insurance Company Page 10 of 24 Colorado Counties Casualty&Property Pool OW (Q) Advertising, Broadcasting, Publishing or Telecasting Operations To liability for a publication or utterance arising from advertising, publishing, broadcasting or telecasting done by an Insured that: (1) slanders or libels a person or organization or disparages a person's or organization's goods,products, property or services, and piracy and infringement of copyright or of property; or (2) violates a person's right of privacy. (R) Premises Medical Expenses of Certain Persons To Premises Medical Payments coverage for any of the following: (1) a person injured on that part of your premises that the person normally occupies. (2) coverage provided under Products and Completed Operations Liability. (3) a person injured while practicing for or participating in any athletic or sports contest or exhibition sponsored, conducted or directed by an Insured. (4) any person who is sentenced and imprisoned in, committed to, confined in, or detained in any county jail or other detention facility. (S) Equitable Relief To loss or any amount required to comply with a court order that results from any action or demand, or any part of any claim or suit that seeks declaratory or injunctive relief. (T) Back Wages To loss for back wages, overtime or other wage related compensation for Persons or Entities Insured, or from collective employee bargaining agreements. (U) Breach of Contract To liability arising out of breach of contract,whether express or implied, or arising out of non-completion of or delay in contract, or arising out of non-compliance with contract deadlines. However, this exclusion shall not apply to the Public Officials Liability coverage except as stated in exclusion (14) applying to Public Officials Liability only. (V) Eminent Domain To liability that results from eminent domain, inverse condemnation, regulatory taking, adverse possession or dedication by adverse use. However, this exclusion shall not apply to Public Officials Liability coverage except as stated in exclusion (8) applying to Public Officials Liability only. (W) Employers Liability (1) To liability for bodily injury to an employee of the Insured arising out of and in the course of his or her: (a) employment by the protected person; or (b) performance of duties related to the conduct of the protected person's operations. St.Paul Fire&Marine Insurance Company Page 11 of 24 Colorado Counties Casualty&Property Pool 02/ (2) To liability for bodily injury to the spouse or any child,parent,brother, or sister of that employee if such bodily injury results from the bodily injury to the employee. This exclusion applies whether the Insured maybe held liable as an employer or in any other capacity, such as a property owner or product manufacturer. This exclusion also applies to any obligation of the Insured to share damages with or repay someone else who must pay damages because of bodily injury to any employee of the Insured. However, this exclusion does not apply to bodily injury for which the Insured has assumed liability under contract. (X) Intellectual Property To liability that results from any actual or alleged infringement or violation of any of the following rights or laws: (1) Copyright. (2) Patent. (3) Trade dress. (4) Trade name. (5) Trade secret. (6) Trademark. (7) Other intellectual property rights or laws. But this exclusion does not apply to: (a) bodily injury or property damage that results from Products Liability or Completed Operations Liability; or (b) personal injury that results from the unauthorized use of any copyrighted or trademarked advertising material, slogan, style, or title of others in your advertising. (Y) Mold, Other Fungi, or Bacteria (1) To liability that result from any actual, alleged, or threatened: (a) absorption, ingestion, or inhalation of mold or other fungi, or bacteria, in any form by any person; or (b) existence of mold or other fungi, or bacteria, in any form. But we won't apply this exclusion part to: (i) bodily injury, property damage, or medical expenses that result from mold or other fungi, or bacteria, which are, or are on, in, or part of, any good product that's intended to be consumed as a food, beverage, or medicine; (ii) bodily injury or medical expenses that result from bacteria which are directly transmitted solely by or from another person to the person sustaining the bodily injury; or St.Paul Fire&Marine Insurance Company Page 12 of 24 Colorado Counties Casualty&Property Pool a� (iii) bodily injury or medical expenses that result from a bacterial infection which develops in connection with physical harm to the person sustaining the bodily injury, if such physical harm isn't excluded by this exclusion part, or any other part of this exclusion, and a claim or suit is made or brought against the protected person for such physical harm. (2) Nor will we cover damages that results from any actual, alleged, or threatened: (a) absorption, ingestion, or inhalation of any other solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals, and waster, in any form by any person; or (b) existence of any such irritant or contaminant in any form; (c) and is part of any claim or suit that also alleges any injury or damage described as excluded in the first paragraph of this exclusion. (3) Also, we won't cover any loss, cost, or expense that results from any request, demand, order, or statutory or regulatory requirement that any protected person or others: (a) test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize mold or other fungi, or bacteria, in any form; or (b) respond to, or assess, in any way the effects of mold or other fungi, or bacteria, in any form. Because mold or other fungi, or bacteria, can be pollutants, and any such other irritants or contaminants are pollutants, this exclusion applies in addition to the pollution liability exclusion or any other pollution-related exclusion made part of this agreement. - ^ (Z) Under Public Officials Error and Omissions Liability, to: (1) Automobile Liability, Personal Injury or Property Damage as defined in the policy; (2) Liability of any Insured arising out of estimates of probable costs or cost estimates being exceeded or for faulty preparation of bid specifications or failure to award contracts in accordance with statute or ordinance which under law must be submitted for bids; (3) Injury to, destruction or disappearance of any tangible property(including money) or the loss of use thereof. (4) Liability arising from the willful commission of a crime or other dishonest or fraudulent act; (5) Liability from obtaining financial gain to which an Insured is not legally entitled; (6) Liability arising from faulty preparation of maps, plans, reports, surveys, designs, St. Paul Fire&Marine Insurance Company Page 13 of 24 Colorado Counties Casualty&Property Pool OP3 bid documents, or specifications; but this exclusion does not apply to these services when provided by an Insured for a Named Insured; (7) Liability from activities in a fiduciary capacity. (8) Liability from eminent domain, inverse condemnation, regulatory taking, adverse possession or dedication by adverse use. This exclusion does not apply to zoning variances, zoning or rezoning decisions or to the acts of a Participating Member County's Treasurer, Sheriff, Health Department or their respective employees, volunteers or agents. (9) Liability arising from the improper assessment, calculation, or collection of taxes, or loss that reflects any tax obligation. This exclusion does not apply to the administration functions involved in the collection or refund of taxes. (10) Liability arising from the activities or operations of Housing Authorities,Port Authorities, School Boards, or Railroad Boards. (11) Liability for that portion of any multiplied damage award which exceeds the amount multiplied. (12) Liability that results from any violation of any of the duties or responsibilities required of any Insured as an employer by the following laws, amendments to those laws, or similar provisions of any other laws,rules or regulations: (a) Fire Labor Standards Act, except the Equal Pay Act (b) National Labor Relations Act. 11 (c) Worker Adjustment and Retraining Notification Act. (d) Consolidated Omnibus Budge Reconciliation Act of 1985 (e) Occupational Safety and Health Act. (f) Employee Retirement Income Security Act of 1974. However, this exclusion does not apply to loss that results from retaliatory action against any employee for the employee's exercising of rights afforded by such laws. (13) Liability that results to any employee on strike or lockout or temporarily or permanently replaced due to any labor dispute, including breach of a collective bargaining agreement. However, this exclusion does not apply for loss that results from retaliatory action taken in response to any of your employees for participating in any strike or lockout. (14) To liability arising out of breach of contract, whether express or implied, or arising out of non-completion of or delay in contract, or arising out of non-compliance with contract deadlines. However,this exclusion shall not apply to an employment- related claim alleging a breach of an implied contract of employment. An implied St.Paul Fire&Marine Insurance Company Page 14 of 24 Colorado Counties Casualty&Property Pool contact of employment is one that arises or is alleged to arise out of one or more statements in an Insured's personnel handbook, employment policy manual, or similar document, but does not include any express contract of employment for services between any claimant and an Insured. However, exclusions number(2), (4), (5), (6), and(7) do not apply to any contingent or vicarious liability of a Participating Member County arising out of one or more of the above referenced wrongful acts committed by an elected or appointed official of a Named Insured. DEFINITIONS When used in this policy(including endorsements forming a part hereof): "Automobile Liability" means Bodily Injury and Property Damage resulting from the ownership,maintenance, use or operation of any auto owned, rented, leased, or borrowed by any Insured. It includes loading or unloading to or from such auto. "Automobile Medical Payments" means reasonable expenses, in excess of any other insurance, for necessary medical and funeral services incurred and reported within three years from the date of an accident to or for any Insured, or anyone else who sustains Bodily Injury caused by an accident involving a covered auto. For the purposes of this section, "other insurance"means valid and collectible insurance, or the funding of losses, available through: (A) another insurance company; (B) a risk retention group; (C) a self-insurance method or program, other than any funded by CAPP; (D) any similar risk transfer method. "Bacteria"means any type or form of bacterium or any mycotoxin, spore, scent, or byproduct that's produced or released by such bacterium. "Bodily Injury" means any harm to the health of other persons, including physical harm, sickness, disease, disability, shock, mental anguish, humiliation, mental injury, or death. "Claim" means any formal or written demand or Suit for monetary relief, against an Insured, or circumstances from which a Named Insured reasonably believes a formal or written demand for monetary relief will be forthcoming, but only if a Named Insured becomes aware of such during the policy period and written notice is provided to the Company during the policy period or no later than sixty(60) days following non-renewal or cancellation. "Company" means the insurer(s) specified in the Declarations. St.Paul Fire&Marine Insurance Company Page 15 of 24 Colorado Counties Casualty&Property Pool a5 "Completed Operations Liability" includes Bodily Injury and Property Damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto,but only if the Bodily Injury or Property Damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to an Insured. "Operations" include materials,parts or equipment furnished in connection therewith. Operations shall be deemed completed at the earliest of the following times: (A)When all operations to be performed by or on behalf of the Insured under the contract have been completed; (B)When all operations to be performed by or on behalf of the Insured at the site of the operations have been completed; or (C)When the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. Operations which may require further service or maintenance work, or correction,repair or replacement because of any defect or deficiency,but which are otherwise completed shall be deemed completed. The "Completed Operations Hazard" does not include Bodily Injury or Property Damage arising out of: (A) Operations in connection with the transportation of property unless the Bodily Injury or Property Damage arises out of a condition in or on an automobile created by the loading or unloading thereof; (B) The existence of tools, uninstalled equipment or abandoned or unused materials. "Damages" means monetary damages, and includes damages for death and for care and loss of services resulting from Personal Injury and damages for loss of use of property resulting from Property Damage, and damage resulting from Public Officials Errors and Omissions. "Defense Costs" means attorney's fees, costs and expenses and other fees, costs and expenses incurred in connection with the investigation, adjustment, defense and appeal of a Claim or Suit covered hereunder. Defense Costs include the defense costs of an Indemnitee when the Named Insureds assume liability for personal injury or property damage, and associated defense costs under a covered contract. However, Defense Costs do not include the office expenses of the Company or an Insured nor the salaries of employees or officials of the Company or an Insured. St.Paul Fire&Marine Insurance Company Page 16 of 24 Colorado Counties Casualty&Property Pool "Indemnitee" means any person or organization, other than an Insured, who is a party to a covered contract and is held harmless or protected under that contract by a Named Insured for liability for: • personal injury or property damage covered under this agreement; and • the contract liability defense expenses incurred in connection with such personal injury or property damage. "Insured" means any person or organization qualifying as an Insured under the Persons or Entities Insured section of this policy. The insurance afforded applies separately to each Insured against whom claim is made or suit is brought. "Mold or other fungi"means: (1) any type or form of mold or mildew; (2) any other type or form of fungus; or (3) any mycotoxin, spore, scent, or byproduct that's produced or released by such mold, mildew, or other fungus. "Occurrence" means an accident or event, including continuous or repeated exposure to conditions, which result in Personal Injury or Property Damage. All such exposure to substantially the same general conditions shall be deemed one "Occurrence." "Personal Injury" means: (A) Bodily Injury; (B) False arrest, false imprisonment, wrongful detention, or malicious prosecution; (C) Violation of civil rights; (D)Wrongful entry into, or eviction of any person from, a room, dwelling, or premises that a person occupies, or other invasion of the right of private occupancy; (E)A publication or utterance that slanders or libels a person or organization, including defamation, or disparages a person's or organization's goods,products,property or services; (F) Piracy and infringement of copyright or of written or intellectual property; (G)A publication or utterance that violates a person's right of privacy; (H)Assault and battery, not committed by or at the direction of, or with the consent of an Insured. However, this limitation does not apply i) if committed or directed for the purpose of protecting persons from injury or death, or property from damage, or St. Paul Fire&Marine Insurance Company Page 17 of 24 Colorado Counties Casualty&Property Pool )7 ii) to liability arising out of corporal punishment (I) Improper or erroneous service of civil papers. "Premises Medical Payments" means medical expenses, in excess of any other insurance, incurred because of Bodily Injury to someone other than an Insured under this policy caused by an accident on an Insured's premises or as part of an Insured's operations regardless of fault, that are incurred and reported within one year of the date of the accident. These include expenses for: 1. first aid at the time of the accident, 2. necessary medical surgical, x-ray and dental services, including prosthetic devices; and 3. necessary ambulance, hospital, professional nursing, and funeral services. For the purposes of this section, "other insurance"means valid and collectible insurance, or the funding of losses, available through: (A) another insurance company; (B) a risk retention group; (C) a self-insurance method or program, other than any funded by CAPP; (D) any similar risk transfer method. "Products Liability" means Bodily Injury and Property Damage arising out of an Insured's products or reliance upon a representation or warranty with respect thereto, but only if the Bodily Injury or Property Damage occurs away from premises owned by or rented to an Insured and after physical possession has been relinquished to others. "Property Damage" means (1) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an Occurrence during the policy period. "Public Officials Errors and Omissions" means any and all Wrongful Acts by an Insured arising from an action or inaction or ministerial act,mistake, misstatement, error, omission, or violation of antitrust statutes by an Insured in the discharge of duties for a Named Insured. "Suit" means a civil proceeding in which damages are alleged. It includes a binding arbitration proceeding for damages, and any other binding Alternative Dispute Resolution, to which the Insured submits with the Company's consent. "Ultimate Net Loss" means the sums for which an Insured is legally liable as Damages by reason of a judgment or settlement made with the written consent of the claimant, the Named Insureds and the Company, after making deductions for all recoveries for other St.Paul Fire&Marine Insurance Company Page 18 of 24 Colorado Counties Casualty&Property Pool a � valid and collectible insurance, excepting, however, the Insureds' Retained Limit and shall include all Defense Costs. "Wrongful Act" means any actual or alleged act, error or omission, arising out of the conduct or performance of any elected or appointed officials of a Named Insured in the performance of his or her duties. All such exposure to substantially the same general conditions shall be deemed one Wrongful Act. Wrongful act includes but is not limited to wrongful termination or discrimination based upon race,religion,nationality, national origin, color, creed, sex or age. CONDITIONS 1. Cross Liability Except with respect to Limits of Insurance, and any rights or duties specifically assigned to the first Named Insured, this insurance applies as if each Named Insured were the only Named Insured; and separately to each Insured against whom claim is made or suit is brought. 2. Insured's Duties in the Event of Occurrence, Claim or Suit (A) In the event of an Occurrence reasonably likely to involve the Company, written notice containing particulars sufficient to identify the Insured and also reasonably obtainable information with respect to the time, place, and circumstances thereof, and the names and addresses of the injured and of available witnesses, shall be given by or for the Insured to the Company or any of its authorized agents as soon as practicable. (B) The Company shall be given notice as soon as practicable, following notice to the first Named Insured (CAPP), of all claims which involve: • Death. • Brain damage. • Paraplegic or quadriplegic impairment. • Loss of eyesight. • Third degree bums. • Traumatic loss of or surgical amputation of a limb. • A serious case where, in the judgment of the Insured or its defense counsel, reserves exceed $125,000. (C) The Named Insureds shall cooperate with the Company and upon its request assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the Named Insureds because of Personal Injury or Property Damage with respect to which insurance is afforded under this policy; and the Insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. St.Paul Fire&Marine Insurance Company Page 19 of 24 Colorado Counties Casualty&Property Pool a9 The Named Insureds shall not, except at their own cost, voluntarily make any payment, assume any obligation or incur any expense. However, in the event that the amount of Ultimate Net Loss becomes certain either through trial court judgment or agreement among the Named Insureds, the claimant and the Company, then the Named Insureds may pay the amount of Ultimate Net Loss to the claimant to effect settlement and, upon submission of due proof thereof, the Company shall indemnify the Named Insureds for that part of such payment which is in excess of the retained limit, or will upon request of the Named Insureds,make such payment to the claimant on behalf of the Insured. (D) Whenever the first Named Insured (CAPP)has information from which the first Named Insured (CAPP) may reasonably conclude that an Occurrence or Wrongful Act covered hereunder involves injuries or damages, which in the event that an Insured should be held liable, is likely to involve this policy, notice shall be sent to: St. Paul Fire &Marine Insurance Company P.O. Box 5490 Denver, CO 80217-5490 Street address:2000 S. Colorado Blvd., Suite 2-480 Denver, CO 80222-7910 Phone (303) 300-9000 as soon as practicable,provided,however, that failure to give notice of any Occurrence or Wrongful Act which at the time of its happening, did not appear to involve this policy but which at a later date, would appear to give rise to claims hereunder, shall not prejudice such claims. 3. Settlement Consent The Company shall have the right to propose a settlement for any claim or suit within an applicable Self-Insured Retention or the available limit of coverage,but only if it is reasonably certain that the claim or suit will exceed the Self-Insured Retention. If the Named Insured refuses to consent to a settlement, the Company will limit the total amount it will pay for damages and defense costs to no more than the amount it would have paid had the Named Insured given consent to the proposed settlement. 4. Appeals In the event the Named Insureds elect not to appeal a judgment in excess of the retained limit, the Company may elect to do so at its own expense,but in no event shall the liability of the Company for Ultimate Net Loss exceed the applicable amount specified in the Limits of Liability section of the Declarations plus all defense costs necessary and incident to such appeal. St.Paul Fire&Marine Insurance Company Page 20 of 24 Colorado Counties Casualty&Property Pool 30 5. Action Against the Company No action shall lie against the Company with respect to any one Occurrence or Wrongful act unless, as a condition precedent hereto, the Named Insureds shall have fully complied with all the terms of this policy, nor until the amount of the Insureds' obligation to pay an amount of Ultimate Net Loss in excess of the retained limit shall have been finally determined either by judgment against an Insured after actual trial, or by written agreement of the Named Insureds, the claimant and the Company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of insurance afforded by this policy. Nothing contained in this policy shall give any person or organization any right to join the Company as co-defendant in any action against the Named Insureds to determine an Insured's liability. 6. Bankruptcy and Insolvency Bankruptcy or insolvency of the Named Insureds shall not relieve the Company of any of its obligations hereunder. 7. Other Insurance This insurance is excess insurance that applies over self-insured retentions. If there is any other insurance for Automobile Liability, including Hired and Non-Owned Autos, Personal Injury, Property Damage, Automobile Medical Payments, Premises Medical Payments, or Public Official's Errors and Omissions Liability covered by this insurance, this insurance is excess of that other insurance. "Other insurance" means valid and collectible insurance, or the funding of losses, other than insurance bought specifically to apply in excess of this insurance, that's available through: • another insurance company; • a risk retention group; • a self-insurance method or program, other than any funded by CAPP and over which this agreement applies; • any similar risk transfer method. S. Subrogation The Company shall be subrogated to the extent of any payment hereunder to all the Insureds'rights of recovery. The Named Insured shall do nothing after loss to prejudice such rights and shall do everything necessary to secure such rights. Any amount so recovered shall be apportioned as follows: Any party, including the Named Insured, having paid an amount in excess of the Self- ^ St.Paul Fire &Marine Insurance Company Page 21 of 24 Colorado Counties Casualty&Property Pool 3 ' Insured Retention limit plus the limit of liability hereunder shall be reimbursed first to the extent of actual payment. If any balance then remains unpaid, it shall be applied to reimburse the Named Insureds. The expenses of all such recovery proceedings shall be apportioned in the ratio of the respective recoveries. If there is no recovery in proceedings conducted solely by the Named Insured, it shall bear the expenses thereof. The company shall waive its right to subrogate against a third party for any payment made under this policy, but only if: (A) the Participating Member County agreed to waive its rights to subrogation under a contract or agreement; (B) the waiver was prior to the occurrence of the loss; and (C) subrogation is not pursued by the First Named Insured (CAPP). 9. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or change in any part of this policy or stop the Company from asserting any right under the terms of this policy, nor shall the terms of this policy be waived or changed , except by endorsement issued to form a part of this policy. 10. Assignment Assignment of interest under this policy shall not bind the Company until its consent is endorsed hereon; however, if an Insured shall die, such insurance as is afforded by this policy shall apply(A) to the Insured's legal representative, as the Insured,but only while acting within the scope of his duties as such and (B)with respect to the property of an Insured to the person having temporary custody thereof as Insured, but only until the appointment and qualification of the legal representative. 11. Maintenance of Retained Limit The amount stated in the Declarations as the Self-Insured Retention Limit applicable to each occurrence or wrongful act claim shall be maintained intact and be the responsibility of the Named Insureds except for any reduction thereof solely by payment for Automobile Liability, Personal Injury, Property Damage, or Public Officials Errors and Omissions as defined and otherwise covered by this Policy. The failure of the Named Insureds to comply with this Condition will not render the Company liable for a greater amount than it would have been liable had the Named Insured complied herewith. The failure of the Named Insureds to maintain the Self-Insured Retention limit, including, but not limited to the insolvency, bankruptcy, liquidation or failure of CAPP to pay on behalf of the Named Insureds, will not impose any liability, contractually or otherwise, St. Paul Fire&Marine Insurance Company Page 22 of 24 Colorado Counties Casualty&Property Pool 3; upon the Company to assume the defense or incur any expenses on behalf of the Named Insureds under this Policy. 12. Cancellation This policy may be canceled by the first Named Insured (CAPP) by surrender thereof to the Company or any of its authorized agents, or by mailing to the Company written notice stating when thereafter the cancellation shall be effective. The policy may be canceled by the Company by mailing to the first Named Insured at the address shown in this policy written notice stating when not less than ninety days thereafter such cancellation shall be effective. Provided that the first Named Insured fails to discharge when due any of its obligations in connection with the payment of premium for the policy or any installment thereof, whether payable directly to the Company or its agent or indirectly under a premium finance plan or extension of credit, this policy may be canceled by the Company by mailing to the first Named Insured at the address shown in the policy, written notice stating when not less than ten days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or effective date and hour of cancellation stated in the notice shall become the end of the Policy Period. Delivery of such written notice either by the first Named Insured or by the Company shall be equivalent to mailing. If the first Named Insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the Company cancels, earned premium shall be computed prorata. Premium adjustment may be made either at the time cancellation is effective or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. No cancellation or termination of the Policy whether by or at the request of the first Named Insured or by the Company, shall take effect prior to the expiration of Ninety(90) days after written notice of such cancellation or termination is sent by registered mail to the Commissioner of Insurance, State of Colorado, Division of Insurance, 1560 Broadway, Suite 850, Denver, CO 80202, unless an earlier date of such cancellation or termination is approved by said Commissioner of Insurance, State of Colorado. 13. First Named Insured The first Named Insured (CAPP) is authorized to act on behalf of all Named Insureds and other Insureds with respect to the giving and receiving of notice of cancellation and to receiving any return premium that may become payable under this policy. The first Named Insured is responsible for the payment of all premiums,but the other Named Insureds jointly and severally agree to make such premium payments in full if the first Named Insured fails to pay the amount due within (30) days after the company gives a St.Paul Fire&Marine Insurance Company Page 23 of 24 Colorado Counties Casualty&Property Pool 33 written demand for payment to the first Named Insured. 14. Extended Reporting Period In the event of cancellation or non-renewal by the Company for any reason except non- payment of premium, the first Named Insured, upon payment of an additional premium of not more than 200% of the total expiring premium shall have the right to extend the period whereby a Claim is treated by the Company as made on the expiration date of this Policy for a period of thirty-six (36) months, but any such Claim must arise from an Occurrence prior to the date on which the Extended Reporting Period commenced and after the Retroactive Date. The first Named Insured must make a written request for an Extended Reporting Period within 30 days after the expiration of the policy period and pay the additional premium within 30 days after said request. The Extended Reporting Period Endorsement will not take effect unless the additional premium is paid when due. If that premium is paid when due, the endorsement may not be canceled. The Extended Reporting Period will not reinstate or increase the Limits of Liability or extend the policy period. 15. Claim Information The Company, upon request of the first Named Insured and within thirty days thereafter, shall supply sufficient information to the first Named Insured about closed or paid claims, claims for which the Company has established reserves, and claims for which the company has received notices of incidents which could give rise to claims. 16. Non-Waiver of Governmental Immunity It is hereby understood and agreed that nothing in this policy nor in any Participating Member County's coverage under this policy waives, or is intended to waive, any immunity granted to any Insured or to increase the maximum amount that may be recovered under the Colorado Governmental Immunity Act pursuant to Colo. Revs. Stat. Section 24-10-101 et. seq., including 24-10-114. St.Paul Fire&Marine Insurance Company Page 24 of 24 Colorado Counties Casualty&Property Pool 3.Y Stibul RETROACTIVE DATE ENDORSEMENT r The retroactive date shown on the Declarations page does not apply to the following Participating Member Counties. Instead, the retroactive dates shown below apply to the respective Participating Member Counties listed. Cheyenne County February 16, 1987 Delta County July 1, 1988 Fremont County July 1, 1987 Grand County July 1, 1987 Lake County April 1, 1987 Montrose County July 1, 1987 Weld County January 15, 1986 The retroactive date shown on the Declarations page does apply to the following County, except as respects Personal Injury, Property Damage that result from Law Enforcement Operations. Instead, the retroactive date shown below applies to coverage for these operations of the County listed. Custer County July 1, 1997 Other Terms All other terms of the policy remain the same. Name of Insured Policy Number GP06301129 Effective Date 01/01/03 COLORADO CO. CASUALTY&PROPERTY POOL 40502 Ed. 1-80 Customized Form ©St.Paul Fire and Marine Insurance Co. 1980 Page 1 of Cs TheSfl uI Policy Coverage Change for Garfield County The limits of liability are as follows, as respects Garfield County: Automobile Liability: $4,750,000 each occurrence Personal Injury, Property Damage: $4,750,000 each occurrence Aggregate Limits of Coverage: Personal Injury, Property Damage: $4,750,000 in any one policy year These limits apply only to the contract between Garfield County and Kansas State Bank of Manhattan for the Lease with Option to Purchase Agreement dated as of August 7, 1998. The description of the equipment involved is shown in Exhibit A of this Agreement, on file with St. Paul Fire & Marine Insurance Company. r Name of Insured Policy Number GP06301129 Effective Date 01-01-2003 COLORADO CO. CASUALTY&PROPERTY POOL 40502 Ed. 1-80 Customized Form 7 ©St. Paul Fire and Marine Insurance Co. 1980 Page 1 of 1 / Sfl u1 EMPLOYEE BENEFITS PROGRAM ADMINISTRATION LIABILITY- CLAIMS-MADE ENDORSEMENT THIS IS A CLAIMS MADE FORM. READ YOUR POLICY CAREFULLY. In consideration of the premium charged and subject to the terms, definitions and_exclusions hereunder, the Company will pay on behalf of the Named Insureds amounts in excess of the Self- Insured Retention that the Named Insureds are legally obligated to pay as damages because of an act, error, or omission committed in the Administration of the Named Insured's Employee Benefits Program for its present or former employees. This insurance applies only if a claim for such damages: (1) is first made against an Insured during the policy period and written notice of such claim is received by a Named Insured, or us, whichever comes first, AND (2) is attributable to a wrongful act which occurred on or after the Retroactive Date shown in the Declarations. Definitions "Employee Benefits Program" means • pension and profit sharing plans; • Individual Retirement Account (IRA)plans; • Salary reduction plans under Internal Revenue Code 401(k) or amendments; • Savings plans; • Group plans for life, health, dental, disability, automobile, homeowners, and legal advice insurance; • Social security system benefits; • Workers'compensation and unemployment insurance; • Travel and vacation plans; and • Educational tuition reimbursement plans. "Administration" means (a) giving counsel to employees with respect to an Employee Benefit Program; (b) interpreting an Employee Benefit Program; (c) handling records in connection with an Employee Benefit Program; (d) effecting enrollment, termination or cancellation of employees under an Employee Benefit Program;provided all such acts are authorized by the Named Insured. Name of Insured Policy Number GP06301129 Effective Date 01-01-2003 COLORADO COUNTY CASUALTY&PROPERTY POOL 40502 Ed. 1-80 Customized Form ©St.Paul Fire and Marine Insurance Co. 1980 Page 1 of 3 Limits of Coverage and Self-Insured Retention Regardless of the number of(1) Insureds under this policy, (2) persons or organizations making _ claims or bringing suits, or (3) claims made or suits brought on account of any act, error or omission in the Administration of the Named Insured's Employee Benefit Program, the Company's liability is limited as follows: A. $250,000 Self-Insured Retention each wrongful act is the amount the N amed I nsureds are responsible for, including defense costs, before the limits of coverage will apply. The Self- Insured Retention for Employee Benefits Liability applies toward the aggregate self-insured retention shown in the declarations. The aggregate retention is the total amount the Named Insureds are responsible for, including Defense Costs, for all retained amounts in any one policy year. B. $2,750,000 Each wrongful act limit is the most the Company is responsible for in Damages from a single wrongful act or a series of related wrongful acts. C. $2,750,000 Aggregate limit is the most the Company is responsible for in Damages in any one policy year. This aggregate applies separately for each Named Insured. Exclusions This policy does not apply under this endorsement: A. Personal Injury or Property Damage; To liability for Personal Injury or Property Damage as defined in this policy, including loss of use of tangible property. B. Dishonest Acts To any dishonest, fraudulent, criminal or malicious act or omission. C. Failure to Comply With Law. To any claim that results from the intentional violation of any workers' compensation, unemployment insurance, social security or disability benefits law or administrative interpretation of such laws. D. Failure to Pay Benefits To any claim that results from the failure to provide benefits because they are not properly funded or an insurance company's failure to comply with the terms of its policy. E. Advice To any claim that results from advice given to any employee to participate or not to participate in any stock subscription, individual retirement account or salary reduction plan. F. Investment of Funds To any claim that results from the investment or non-investment of employee benefit funds, or the failure of any investment to perform as any Insured said it would. Name of Insured Policy Number: GP06301129 Effective Date:01-01-2003 COLORADO COUNTY CASUALTY&PROPERTY POOL 40502 Ed. 1-80 Customized Form go ©St.Paul Fire and Marine Insurance Co. 1980 Page 2 of 3 G. Termination of Plan To any claim that results from the termination of any employee benefit plan. H. Fines, Taxes, or Penalties To liability for fines, taxes or penalties imposed by law or other matters which may be uninsurable under law. Other Terms All other terms of the policy remain the same. Name of Insured Policy Number: GP06301129 Effective Date: 01-01-2003 COLORADO COUNTY CASUALTY&PROPERTY POOL 40502 Ed. 1-80 Customized Form ©St.Paul Fire and Marine Insurance Co. 1980 Page 3 of 3 /�/ TheStRut UNINSURED OR UNDERINSURED MOTORISTS REJECTION The Named Insureds have agreed to reject any and all Uninsured Motorists Coverage (including underinsured motorists coverage). Dated: G— 0 ' -o3 By: Colorado Counties Casualty and Property Pool and Participating Member Counties: uthorize e esent five Title Other Terms All other terms of the policy remain the same. Name of Insured Policy Number GP06301129 Effective Date 01/01/2002 COLORADO CO. CASUALTY&PROPERTY POOL Processing Date 40502 Ed. 1-80 Customized Form �� © St. Paul Fire and Marine Insurance Co. 1980 Page 1 of 1 TeSff uI COLORADO NO-FAULT (PERSONAL INJURY PROTECTION) ENDORSEMENT This policy is amended to provide Personal Injury Protection Coverage in accordance with Colorado No Fault laws. Coverage is provided for the following types of expenses that result when an Insured under this policy suffers Bodily Injury caused by an accident involving an Automobile: Benefit Limit Per Person Medical Expenses Up to $50,000 Rehabilitation Expenses Up to $50,000 Death Compensation $1,000 Essential Services Up to $25 per day for 52 weeks for the cost of substituting essential services. Loss of Income Up to $400 per week,but not more than 100% of the first$125 per week of gross income lost; 70% of the next $125 per week; and 60% of any loss of gross income in excess of$250. Benefits are payable for up to 52 weeks starting the day after the accident. Self-Insured Retention The Self-Insured Retention of$250,000 applies to coverage provided under this endorsement. The Named Insureds are responsible for the medical expenses, rehabilitation expenses, death compensation, essential services, and loss of income, caused by any single accident, up to the Self-Insured Retention, no matter how many covered automobiles or Insureds are involved or how many claims are made, or vehicles are involved in an accident. "Automobile" means any motor vehicle, including trailers, of a type required to be registered and licensed for operation on the public highways of Colorado. Other Terms All other terms of the policy remain the same. Name of Insured Policy Number GP06301129 Effective Date 01-01-2003 COLORADO CO. CASUALTY & PROPERTY POOL 40502 Ed. 1-80 Customized Form ©St.Paul Fire and Marine Insurance Co. 1980 Page 1 of I �� FORM MCS-90 OMB NO. 2125-0074 (Ed 1-96) ENDORSEMENT FOR MOTOR CARRIER POLICIES OF INSURANCE FOR PUBLIC LIABILITY UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980 Issued to Colorado Counties Casualty & Property Pool of 1700 Broadway, Ste. 1512, Denver Co 80290 Dated at St. Paul, MN this 1 day of Jan. 2003 , Amending Policy No. GP06301129 Effective Date 01/01/03 Countersigned by: Authorized Company Representative Name of Insurance Company St. Paul Fire & Marine Insurance Company The policy to which this endorsement is attached provides primary or excess insurance, as indicated by" X", for the limits shown: nThis insurance is primary and the company shall not be liable for amounts in excess of S for each acci- dent ®This insurance is excess and the company shall not be liable for amounts in excess of S 2,750,000. for each acci— dent in excess of the underlying limit of S 250,000. for each accident Whenever required by the Federal Highway Administration (FHWA or the Interstate Commerce Commission (ICC), the company agrees to furnish the FHWA or the ICC a duplicate of said policy and all its endorsements. The company also agrees, upon telephone request by an authorized representative of the FHWA or the ICC, to verify that the policy is in force as of a particular date. The telephone number to call us is: Cancellation of this endorsement may be effected by the company or the insured by giving (1)thirty—five (35) days notice in writing to the other party (said 35 days notice to commence from the date the notice is mailed, proof of mailing shall be suff cient proof of notice), and (2) if the insured is subject to the ICC's jurisdiction, by providing thirty (30) days notice to the ICC (said 30 days notice to commence from the date the notice is received by the ICC at its office in Washington, D.C.). DEFINITIONS AS USED IN THIS ENDORSEMENT ACCIDENT includes continuous or repeated exposure to conditions which results in bodily injury, property damage, or envi— ronmental damage which the insured neither expected nor intended. MOTOR VEHICLE means a land vehicle, machine, truck, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway for transporting property, or any combination thereof. BODILY INJURY means injury to the body, sickness, or disease to any person, including death resulting from any of these. ENVIRONMENTAL RESTORATION means restitution for the loss, damage, or destruction of natural resources arising out of the accidental discharge, dispersal, release or escape into or upon the land, atmosphere, watercourse, or body of water, of any commodity transported by a motor carrier. This shall include the cost of removal and the cost of necessary measures taken to minimize or mitigate damage to human health, the natural environment, fish, shellfish, and wildlife. PROPERTY DAMAGE means damage to or loss of use of tangible property. PUBLIC LIABILITY means liability for bodily injury, property damage, and environmental restoration. The insurance policy to which this endorsement is attached provides automobile liability insurance and is amended to assure compliance by the insured, within the limits stated herein, as a motor carrier of property, with Sections 29 and 30 of the Motor Carrier Act of 1980 and the rules and regulations of the Federal Highway Administration (FHWA) and the Interstate Commerce Commission (ICC). In consideration of the premium stated in the policy to which this endorsement is attached, the insurer (the company) agrees to pay, within the limits of liability described herein, any final judgment recovered against the insured for public liability resulting from negligence in the operation, maintenance or use of motor vehicles subject to the financial responsibility requirements of Sections 29 and 30 of the Motor Carrier Act of 1980 regardless of whether or not each motor vehicle is specifically described in the policy and whether or not such negligence occurs on any route or in any territory authorized to be served by the insured or elsewhere. Such insurance as is afforded, for public liability, does not apply to injury to or death of the insured's employees while engaged in the course of their employment, or property transported by the insured, designated as cargo. I/ FORM MCS-90 OMB NO. 2125-0074 (Ed 1-96) It is understood and agreed that no condition, provision, stipulation, or limitation contained in the policy, this endorsement, or any other endorsement thereon, or violation thereof, shall relieve the company from liability or from the payment of any final judgment, within the limits of liability herein described, irrespective of the financial condition, insolvency or bankruptcy of the insured. However, all terms, conditions and limitations in the policy to which the endorsement is attached shall remain in full force and effect as binding between the insured and the company. The insured agrees to reimburse the company for any payment made by the company on account of any accident, claim, or suit involving a breach of the terms of the policy. and for any payment that the company would not have been obligated to make under the provisions of the policy except for the agree- ment contained in this endorsement It is further understood and agreed that, upon failure of the company to pay any final judgment recovered against the insured as provided herein, the judgment creditor may maintain an action in any court of competent jurisdiction against the company to compel such payment The limits of the company's liability for the amounts prescribed in this endorsement apply separately, to each accident and any payment under the policy because of any one accident shall not opterate to reduce the liability of the company for the payment of final judgments resulting from any other accident The Motor Carrier Act of 1980 requires limits of financial responsibility according to the type of carriage and commodity transported by the motor carrier. It is the MOTOR CARRIER'S obligation to obtain the required limits of financial responsibility. THE SCHEDULE OF LIMITS SHOWN BELOW DOES NOT PROVIDE COVERAGE. The limits shown in the schedule are for information purposes only. SCHEDULE OF LIMITS Public Liability Type of Carriage 1 Commodity Transported Minimum Insurance (1) For—hire Property(Non—hazardous). $ 750,000 (In interstate or foreign commerce). (2) For—hire and Private Hazardous substances as defined in 49 CFR 171.8, $ 5,000,000 (in interstate, transported in cargo tanks, portable tanks, or hopper type foreign, or intrastate commerce). vehicles with capacities in excess of 3,500 water gallons; or in bulk Divisions 1.1, 1.2 and 1.3 materials, Division 2.3, Hazard Zone A, or Division 6.1, Packing Group 1, Hazard Zone A material; in bulk Division 2.1 or 2.2; or Highway route controlled quantities of a Class 7 material, as defined in 49 CFR 173.403. (3) For—hire and Private (in interstate or Oil listed in 49 CFR 172.101; hazardous waste, hazardous $ 1,000.000 foreign commerce: materials and hazardous substances defined in 49 CFR in any quantity) 171.8 and listed in 49 CFR 172.101, but not mentioned or (in intrastate in (2) above or (4) below. commerce: in bulk only). (4) For—hire and Private (In interstate or Any quantity of Division 1.1, 1.2 or 1.3 material, any quantity $ 5,000.000 foreign commerce). of Division 2.3, Hazard Zone A, or Division 6.1, Packing Group 1, Hazard Zone A material; or highway route controlled quantities of a Class 7 material, as defined in 49 CFR 173.403. 1 Note — The type of carriage listed under numbers (1), (2), and(3) apply to vehicles with a gross vehicle weight rating of 10,000 pounds or more. The type of carriage listed under number (4) applies to all vehicles with a gross vehicle weight rating of less than 10,000 pounds. 2 Hello