HomeMy WebLinkAbout000292.tiff CTSI
Colorado Counties
Casualty and Property Pool
2017 Excess Liability Policy
One Beacon
Policy No. 791-00-03-55-0006
Summaries are brief outlines of the coverages afforded under the insurance policies.
Since summaries are for informational purposes only, they should not be construed to
constitute the entire insurance contracts. As the policies may contain additional
coverages and restrictions, the exact wording should be consulted.
Brief Summary of Liability Deductibles
This information is provided to present counties with a simple overview of
county deductibles in the pool. It does not provide information on limits.
The pool insuring agreements contain actual coverages and limits.
The county has$0 deductible for liability claims*
The pool pays the first$250,000 of each claim
CAPP's excess insurance carrier pays up to $10 million per claim
*Generally, there is no deductible on liability claims. The board and membership have
adopted deductibles for certain types of claims. Information on these claims is
contained in the CAPP Operations Manual.
Liability claims subject to a county deductible:
Claim type County Deductible
Employment Termination $10,000
Inverse Condemnation $125,000
Regulatory Taking
Herbicide and Pesticide $2,500
Operations
Lawyer's Professional $500
Liability(Grievance issues)
Poocan-
,
Named Insured Schedule
Colorado Counties Casualty and Property Pool
including the following members:
Alamosa Gilpin Ouray
Archuleta Grand Park
Baca Gunnison Phillips
Bent Hinsdale Prowers
Chaffee Huerfano Pueblo
Cheyenne Jackson Rio Blanco
Clear Creek Kiowa Rio Grande
Conejos Kit Carson Routt
Costilla Lake Saguache
Crowley La Plata San Juan
Custer Las Animas San Miguel
Delta Lincoln Sedgwick
Dolores Logan Summit
Eagle Mineral Teller
Elbert Moffat Washington
•
Fremont Montrose Weld
Garfield Morgan Yuma
Otero
NOTE: Any entity not named as an insured may not be covered under this policy. This may include
Partnerships and Joint Ventures.
CAPP Excess Liability Summary Page 1
1
Excess Public Entity Liability
Atlantic Specialty (Claims Made Form)
Carrier: Atlantic Specialty Insurance Company
Policy Period: January 1, 2017 to January 1, 2018
Policy Number: 7910003550006
Limits: Amounts Coverages
$ 10,000,000 Auto Liability, Each Occurrence
$ 10,000 Auto Medical Payments. Each Person
$ 10,000,000 Personal Injury, Property Damage(Includes Law Enforcement and EMTs)
$ 10,000 Premises Medial Payments, Each Person
$ 1,000,000 Sewer Backup
$ 1,000,000 Wage Claim Sublimit
$ 10,000,000 Public Officials Errors and Omissions
$ 10,000,000 Employee Benefit Liability
Aggregate Limits of Coverage(Apply Separately to CAPP and for each Participating Member County(PMC)):
Amounts Coverages
$ 10,000,000 In any One Policy Year, Personal Injury, Property Damage
$ 10,000,000 In any One Policy Year, Products/Completed Operations
$ 10,000,000 In any One Policy Year, Public Officials Liability Errors and Omissions
$ 10,000,000 In any One Policy Year, Employee Benefit Liability
Self Insured Retention(SIR): Amounts
$ 250,000 Each Occurrence or Wrongful Act(includes Defense Costs)
$ 6,000,000 In any One Policy Year. This is the total amount the Named Insureds are
responsible for, including Defense Costs,for all retained amounts in any
one policy year. Aggregate does not include any amounts payable by a
PMC for any Occurrence or Wrongful Act as outlined in such County's
Agreement for Partially Self-Funded Program issued by CAPP as follows:
• SIR is not eroded by the first$75,000 of loss and loss expense for
Summit County and Montrose County
• SIR is not eroded by the first$125,000 of loss and loss expense for
Eagle, Pueblo,Weld, and Garfield Counties
• SIR aggregate is also not eroded by the loss and loss expense for
$10,000 ETR deductible loses
Coverages Included: • Premises and Operations
• Products/Completed Operations
• Law Enforcement Liability
• Employee Benefit Liability
• Auto Liability
• Public Officials Errors and Omissions
Retroactive Dates: July 1, 1986 except for the following Counties:
• Cheyenne County: 2/16/1987
• Delta County: 7/1/1988
• Fremont County: 7/1/1987
• Grand County: 7/1/1987
• Lake County: 4/1/1987
• Montrose County: 7/1/1987
• Weld County: 1/15/1986
• Custer County(LEL Personal injury and Property Damage only): 1/1/1997
CAPP Excess Liability Summary Page 2
Excess Public Entity Liability
Atlantic Specialty (Claims Made Form)
Defense Provisions: • Defense Costs are included in the SIR
• Defense Costs are in addition to the Limits of Liability excess of SIR
Definition of Claim or
Claims: • Means a written demand, including a Suit, for payment of money damages
Extended Reporting In the event of cancellation or non-renewal by the Company for any reason except non-
Provisions: payment of premium, the Colorado Counties Casualty and Property Pool upon payment of an
additional premium of not more than 200%of the total expiring premium will 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 60 months, but any such Claim must arise from an
Occurrence or Wrongful Act prior to the date on which the Extended Reporting Period '
commenced and after the Retroactive Date.
Colorado Counties Casualty and Property Pool must make a written request for an Extended
Reporting Period within 30 days after the expiration date of the policy period and pay the
additional premium within 30 days after the 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.
Coverage Form: • CAPP Manuscript Policy Form(Modified 1/1/2016)
• Indemnification Basis
• Claims-Made Coverage Form
Terns/Conditions/ • Health Care Professional Services Coverage for any Insured who is NOT a medical
Endorsements : doctor, psychologist,physiotherapist or nurse practitioner.
• Coverage is provided for administrative duties performed by a medical doctor,
psychologist, psychotherapist or nurse practitioner in the scope of their duties.
• Non-Owned Watercraft Liability(Under 26 Feet in Length)
• Other Insurance Clause
• 90 Day Notice of Cancellation or Termination of Policy
• Separation of Insureds Clause
• Settlement Consent Clause
• Non-Waiver of Governmental Immunity
• Bankruptcy and Insolvency Clause
• Action Against the Company Clause
• Subrogation Clause
• Pool Management Clause
• Cancellation Notice by Agent
CAPP Excess Liability Summary Page 3
Excess Public Entity Liability
Atlantic Specialty (Claims Made Form)
Coverage Territory: • United States of America(including its territories and possessions), Puerto Rico and
Canada
• International waters or airspace, but only if the injury of damage occurs in the course of
travel or transportation between any places included above
• All other parts of the world if the injury or damages arise out of 1)goods or products made
or sold by you in the territory described above;2)the activities of any person whose home
is in the territory described above, but is away for a short time on your business;or 3)
personal and advertising injury offenses that take place through the internet or similar
electronic means of communication—provided the Insured's responsibility to pay
damages is determined in a suite on the merits in the territory described above or a
settlement the carrier agrees to
Exclusions Include but • Terrorism (if rejected)
are not Limited to: • Wage Damages except for wages sough as part of a claim or wrongful termination or
discrimination under Public Officials Errors and Omissions
• Sexual Advances—claims arising out of advances involving intentional physical contact,
whether consensual or not. Exclusion applies only to any person who has made any sexual
advances involving intentional physical contact or who knowingly participated in such
contact by another
• Eminent Domain
• Airport,Airfield, Hangar or Terminal
• Activities in a fiduciary capacity
• Workers'Compensation, Employers Liability
• Operation of Housing Authorities, Port Authorities,School Boards or Railroad Boards
• Uninsured Motorists
• Nuclear
• Asbestos, Mold,other Fungi or Bacteria(except where noted in policy form)
• Pollution (except where noted in policy form)
• Breach of Contract(except where noted in policy form)
Minimum Earned
Premium: • 25%
Audit Terms: Non-Auditable
CAPP Excess Liability Summary Page 4
Excess Public Entity Liability
Atlantic Specialty (Claims Made Form)
Claims Reporting a. In the event of an Occurrence,Wrongful Act or Claim reasonably likely to involve the
Instructions: insurance under this policy,the Colorado Counties Casualty and Property Pool shall give
written notice to the Company as soon as practicable. The notice shall contain particulars
sufficient to identify the Insured and also reasonably obtainable information with respect to
the time, place, and circumstances of the Occurrence,Wrongful Act and Claim, and the
names and addresses of any injured or damaged persons or entities and available
witnesses. In the event of a Claim,the Insured's notice shall include a copy of any written
demands or Suit papers.
b. Failure to give notice of any Occurrence or Wrongful Act which initially did not appear
reasonably likely to involve the insurance under this policy will not prejudice the Colorado
Counties Casualty and Property Pool ability to subsequently give notice of a Claim arising
from such Occurrence or Wrongful Act,provided that written notice of such Claim is given
as soon as practicable following the Colorado Counties Casualty and Property Pool's
receipt of such Claim.
c. The Colorado Counties Casualty and Property Pool shall give written notice to the Company
as soon as practicable,following notice to the Colorado Counties Casualty and Property
Pool, of a Claim which involves:
(1)Death.
(2)Brain Damage.
(3)Paraplegic or quadriplegic impairment.
(4)Loss of eyesight.
(5)Third degree bums.
(6)Traumatic loss of or surgical amputation of a limb.
(7)A serious case where, in the judgment of the Insured or its defense counsel, reserves
exceed$125,000.
•
Claims are to be reported to:
OneBeacon Governmental Risks
8000 IH 10 West, Ste 1045
San Antonio, RTX 78230
E-Mail: OBGRCIaims@OneBeacon.com
Fax:866-894-1633
And to:
Arthur J. Gallagher Risk Management Services, Inc.
Att: Kendall Trump, Claim Consultant
6300 S. Syracuse Way, Ste 700
Centennial, CO 80111
Claims e-mail: wr-claims(dlaiq.com
Claims Voice Mail: 303-889-2570
Claims Fax Number: 303-773-9776
CAPP Excess Liability Summary Page 5
460 OneBeacon NSURANCE@vantage
IR A N C E GROUP
Atlantic Specialty Insurance Company
150 Royall Street
Canton, MA 02021
(781) 332-7000
A Stock Company
Common Policy Declarations
Named Insured and Mailing Address Policy Number 791-00-03-55-0006
Colorado Counties Casualty and
Property Pool
Suite 400
800 Grant Street
Denver, CO 80203-2944
In return for the payment of the premium, and subject to all terms of this policy, we agree with you to provide the
insurance as stated in this policy.
Policy Period: from 01-01-2017 to 01-01-2018
at 12:01 A.M. Standard Time at your mailing address shown above.
The Named Insured is a(n): Public Entity
Business Description: County Government Insurance Pool
Producer
0501179
Arthur J. Gallagher Risk Management Services, Inc.
6300 South Syracuse Way, Suite 700
Centennial, CO 80111
Total Premium
$2,169,121
Forms applicable to all Coverage Parts:
See ASC 00 11, Schedule 2
4 VIL 100 10 98 Copyright 1998,OneBeacon Insurance Group LLC COMMON POLICY DECLARATIONS
2017 CAPP Excess Liability Policy Page 1 of 32
In witness whereof, we have issued this policy, signed by the President and Secretary, but it shall not be valid
unless countersigned by our duly authorized representative.
acaliddiser /
Secretary President
Countersigned
Authorized Representative Date
•
COMMON POLICY DECLARATIONS Copyright 1998,OneBeacon Insurance Group LLC 4 VIL 100 10 98
2017 CAPP Excess Liability Policy Page 2 of 32
Policy Number: 791-00-03-55-0006
Named Insured: Producer:
Colorado Counties Casualty Arthur J. Gallagher Risk
and Property Pool Management Services, Inc.
Suite 400
800 Grant Street
Denver, CO 80203-2944
Premium Statement for the period from 01-01-2 017 to 01-01-2018
This policy consists of the following coverage parts for which a premium is indicated. This premium may be subject to
adjustment.
At inception 1st Anniversary 2nd Anniversary
LIABILITY COVERAGE $2, 169, 121
FLAT CHARGE
NOT SUBJECT TO
ADJUSTMENT
MC 00 02 01 98 Copyright 1998,OneBeacon Insurance Group PREMIUM STATEMENT
2017 CAPP Excess Liability Policy Page 3 of 32
POLICY NUMBER: 791-00-33-55-0006 PUBLIC ENTITY EXCESS LIABILITY
@vantage for Government Risks
Coverage Limits of Insurance
AUTOMOBILE LIABILITY $10,000,000 Each Occurrence
AUTOMOBILE MEDICAL PAYMENTS Self-Insured
PERSONAL INJURY AND PROPERTY DAMAGE $10,000,000 Each Occurrence
PREMISES MEDICAL PAYMENTS Self-Insured
SEWER BACK-UP SUB-LIMIT $1,000,000 Each Occurrence
PERSONAL INJURY AND PROPERTY DAMAGE $10,000,000 Aggregate Any One Policy Period
PRODUCTS AND COMPLETED OPERATIONS $10,000,000 Aggregate Any One Policy Period
PUBLIC OFFICIALS ERRORS &OMISSIONS LIABILITY $10,000,000 Each Wrongful Act
WAGE CLAIM SUB-LIMIT $1,000,000 Each Wrongful Act
PUBLIC OFFICIALS ERRORS&OMISSIONS LIABILITY $10,000,000 Aggregate Any One Policy Period
EMPLOYEE BENEFIT ADMINISTRATION $10,000,000 Each Wrongful Act
EMPLOYEE BENEFIT ADMINISTRATION $10,000,000 Aggregate Any One Policy Period
Self-Insured Retention
ALL COVERAGE $250,000 Each Occurrence or Wrongful Act
$6,000,000 Aggregate Any One Policy Period
Retroactive Date
ALL PARTICIPATING MEMBER COUNTIES, July 1, 1986
EXCEPTIONS PER RETROACTIVE CHANGE
ENDORSEMENT, FORM MANU 001 01 17
Aggregate Limits apply on a Per Member Basis.
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2017 CAPP Excess Liability Policy Page 4 of 32
POLICY NUMBER: 791-00-33-55-0006 PUBLIC ENTITY EXCESS LIABILITY
PUBLIC ENTITY EXCESS LIABILITY POLICY FOR COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
THIS POLICY IS A CLAIM-MADE POLICY WHICH PROVIDES LIABILITY COVERAGE
ONLY IF A CLAIM IS MADE DURING THE POLICY PERIOD OR ANY APPLICABLE
EXTENDED REPORTING PERIOD.
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and
what is and is not covered.
Words and phrases that appear in Bold have special meaning. Refer to Section VII—Definitions.
In consideration of the payment of the premium and subject to the limits of liability, exclusions, conditions and
other terms of this policy, the Company agrees with the Colorado Counties Casualty and Property Pool as
follows:
SECTION I - INSURING AGREEMENT
A. The Company will pay those sums in excess of the Self-Insured Retention stated in the Declarations which
the Insured becomes legally obligated to pay as Damages because of Automobile Liability, Personal
Injury, Property Damage, Employee Benefits Program Administration Liability or Public Officials
Errors and Omissions Liability caused by an Occurrence or Wrongful Act to which this insurance
applies.
B. This insurance applies to a Claim seeking Damages because of Automobile Liability, Personal Injury,
Property Damage, Employee Benefits Program Administration Liability or Public Officials Errors and
Omissions Liability only if:
1. Such Claim is first made against an Insured during the policy period and written notice of such Claim is
received by an Insured or the Company, whichever comes first;and
2. In a Claim for Automobile Liability, Personal Injury or Property Damage, the Personal Injury or
Property Damage:
a. Is caused by an Occurrence; and
b. First occurred on or after the Retroactive Date stated in the Declarations;
3. In a Claim for Public Officials Errors and Omissions Liability, the Wrongful Act or Related
Wrongful Acts first occurred on or after the Retroactive Date stated in the Declarations;
4. In a Claim for Employee Benefits Program Administration Liability, the Wrongful Act or Related
Wrongful Acts first occurred on or after the Retroactive Date stated in the Declarations.
C. This insurance also applies to a Claim seeking Automobile Medical Payments or Premises Medical
Payments, but only if:
1. Such Claim Is first made against an Insured during the policy period and written notice of such Claim is
received by an Insured or the Company,whichever comes first; and
2. The Bodily Injury:
a. Is caused by an Occurrence; and
b. First occurred on or after the Retroactive Date stated in the Declarations.
D. All Claims for Damages arising out of Automobile Liability, Personal Injury, Employee Benefits
Program Administration Liability, Public Officials Errors and Omission Liability, Automobile Medical
Payments or Premises Medical Payments to the same person or entity as a result of an Occurrence or
Wrongful Act, including Claims by any additional persons or entities 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 arising out of Property Damage causing loss to the same person or entity 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.
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POLICY NUMBER: 791-00-33-55-0006 PUBLIC ENTITY EXCESS LIABILITY
F. A Claim will be deemed to have been made when written notice of such Claim is received by any Insured
or by us, whichever comes first.All Claims arising out of an Occurrence or Wrongful Act or Related
Occurrences or Related Wrongful Acts will be deemed to have been made when the first such Claim was
made against any Insured.
SECTION II - DEFENSE COSTS
A. The Colorado Counties Casualty and Property Pool will have the duty to defend all covered Claims. The
Company shall have the right, but not the duty, to participate with the Insureds in the defense of any Claim
or Suit which is or may be covered under this policy. If the Company elects to participate with the Insureds
in the defense of any Claim or Suit, it will do so at its own expense.
B. Defense Costs paid by the Insured will be included within the Insured's Self-Insured Retention and reduce
the Self-Insured Retention and Aggregate Any One Policy Period Self-Insured Retention as stated in the
Declarations.
C. After the Insured's Self-Insured Retention has been fully satisfied by the Colorado Counties Casualty and
Property Pool, the Colorado Counties Casualty and Property Pool will continue to have the duty to defend all
covered Claims, but the Company will reimburse the Colorado Counties Casualty and Property Pool for
Defense Costs incurred after exhaustion of the Self-Insured Retention. Defense Costs paid by the
Company are in addition to the limits of liability and do not reduce the limits of liability or aggregate limits of
liability.
SECTION III - LIMITS OF LIABILITY AND SELF-INSURED RETENTION
Regardless of the number of(1) Insureds under this policy, (2) persons or entities who sustain injury or
Damages, or(3)Claims made or Suits brought on account of Automobile Liability, Personal Injury,
Property Damage, Employee Benefits Program Administration Liability or Public Officials Errors and
Omissions Liability the Company's liability is limited as follows:
A. Self-Insured Retention
1. The Each Occurrence or Wrongful Act Self-Insured Retention stated in the Declarations is the amount
the Insured is responsible for in any one Occurrence or Wrongful Act, before the Company has any
obligation to pay any of the limits of liability.
2. The Aggregate Any One Policy Period Self-Insured Retention stated in the Declarations is the total
amount of Each Occurrence or Wrongful Act Retention(s)the Insured is responsible for, in any one
Policy Period. However, the Aggregate Any One Policy Period Self-Insured Retention does not include
any amounts payable by a participating member county for an Occurrence or Wrongful Act as
described in each participating member county's Agreement for Partially Self-Funded Program issued
by the Colorado Counties Casualty and Property Pool.
3. The amount stated in the Declarations as the Self-Insured Retention applicable to each Occurrence or
Wrongful Act and in the aggregate will be maintained and be the responsibility of the Colorado
Counties Casualty and Property Pool.
The Self-Insured Retention shall be reduced only by the Colorado Counties Casualty and Property
Pool's actual payment of:
a. Defense Costs;
b. Damages; or
c. Attorney's fees and expenses taxed against an insured for a Claim otherwise covered by this policy;
and the Company has no indemnity obligation under this policy until the amount of the applicable Self-
Insured Retention has been fully satisfied by such payments by the Colorado Counties Casualty and
Property Pool.
The failure of the Colorado Counties Casualty and Property Pool to maintain or pay the Self-Insured
Retention, including, but not limited to the insolvency, bankruptcy, liquidation or failure of Colorado
Counties Casualty and Property Pool to pay on behalf of its participating members,will not obligate the
Company to:
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POLICY NUMBER: 791-00-33-55-0006 PUBLIC ENTITY EXCESS LIABILITY
a. Pay a greater amount than it would have been liable for had the Colorado Counties Casualty and
Property Pool paid the Self-Insured Retention; or
b. Assume the defense of, or incur any expenses on behalf of, the Insureds under this policy.
B. Upon full satisfaction of the Self-Insured Retention,the Company's indemnity obligation is limited to
payment of:
1. Damages; and
2. Attorney's fees and expenses taxed against an Insured in a covered Claim in which such Damages
are obtained;
subject to the limits of liability.
Upon full satisfaction of the Self-Insured Retention,the Company will also thereafter reimburse the
Colorado Counties Casualty and Property Pool for Defense Costs incurred and paid by the Insured after
satisfaction of the Self-Insured Retention. The Company's obligation to reimburse the Colorado Counties
Casualty and Property Pool for Defense Costs ends when the Company has exhausted the limit of liability
that applies to its indemnity payments.
C. Automobile Liability Limit
1. For Automobile Liability caused by any one Occurrence, the Company will pay in excess of the
Insured's Self-Insured Retention up to the amount stated in the Declarations.
2. For Automobile Medical Payments, the limit of liability is Self-Insured, such that the Company has no
obligations for Automobile Medical Payments.
D. Personal Injury and Property Damage Limit
1. For Personal Injury and Property Damage caused by any one Occurrence,the Company will pay in
excess of the Insured's Self-Insured Retention up to the amount stated in the Declarations.
2. For Premises Medical Payments, the limit of liability is Self-Insured, such that the Company has no
obligations for Premises Medical Payments.
3. Sewer Back-Up Sub-Limit. For Personal Injury and Property Damage caused by any one
Occurrence of sewage back-up into a building or buildings(a)from any sewage facility or sanitary
sewer that an Insured owns, operates or maintains or(b)arising out of the acts or actions of an
Insured, the Company will pay in excess of the Insured's Self-Insured Retention up to the amount of
the Each Occurrence Sewer Back-Up Sub-Limit stated in the Declarations.The Each Occurrence Sewer
Back-Up Sub-Limit is a Sub-Limit of the Personal Injury and Property Damage Limits and is subject to
the Aggregate Any One Policy Period Limits.
E. Public Officials Errors and Omissions Liability Limit
1. For Public Officials Errors and Omissions Liability caused by any one Wrongful Act, the Company
will pay in excess of the Insured's Self-Insured Retention up to the amount stated in the Declarations.
2. Wage Claim Sub-Limit. For a wage claim caused by any one Wrongful Act,the Company will pay in
excess of the Insured's Self-Insured Retention up to the amount of the Each Wrongful Act Wage Claim
Sublimit stated in the Declarations. The Each Wrongful Act Wage Claim Sub-Limit is a Sub-Limit of the
Public Officials Errors and Omissions Liability Limits and is subject to the Aggregate Any One Policy
Period Limits.
F. Employee Benefits Program Administration Liability
For Employee Benefits Program Administration Liability caused by any one Wrongful Act, the
Company will pay in excess of the Insured's Self-Insured Retention up to the amount stated in the
Declarations.
G. Aggregate Limits of Liability
This policy is subject to Aggregate limits of liability as stated in the Declarations. The Aggregate limits of
liability stated in the Declarations are the maximum amount of the Company's liability for all Occurrences
or Wrongful Acts during the policy period and apply separately to:
1. Personal Injury and Property Damage;
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POLICY NUMBER: 791-00-33-55-0006 PUBLIC ENTITY EXCESS LIABILITY
2. Products and Completed Operations;
3. Public Officials Errors and Omissions Liability; or
4. Employee Benefits Program Administration Liability.
Aggregate limits apply separately for each Participating Member.
Aggregate limits do not apply to Automobile Liability.
H. 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. For the purpose of
determining the limit of the Company's liability, Related Occurrences shall be considered one
Occurrence.
I. For the purpose of determining the limit of the Company's liability, all Wrongful Acts in Employee
Benefits Program Administration Liability or Wrongful Acts in Public Officials Errors and Omissions
Wrongful Acts taking place over more than one policy period will be deemed to have taken place during
the policy period during which the Claim for Employee Benefits Program Administration Liability or
Public Officials Errors and Omissions Liability was first made and only the Limit of Liability for that policy
period will apply. For the purpose of determining the limit of the Company's liability, Related Wrongful
Acts shall be considered one Wrongful Act.
SECTION IV-TERRITORY
This insurance applies to Automobile Liability, Personal Injury, Property Damage, Employee Benefits
Program Administration Liability or Public Officials Errors and Omissions Liability occurring in the
Coverage Territory.
SECTION V- PERSONS OR ENTITIES INSURED
A. Each of the following is an Insured:
1. The Colorado Counties Casualty and Property Pool and each Participating Member included in the
policy schedule.
2. Those individuals who were or now are elected or appointed officials of the Participating
Members,including members of their governing bodies or any other committees, trustees, boards or
commissions of the Participating Members; district attorneys,their assistants and staff while acting for or
on behalf of district attorneys; agents, volunteers,and useful public servants as that term is used under
Colorado statutes governing useful public service; all of the foregoing while acting for or on behalf of the
Participating Members. Exception: Members of the following boards or commissions are not Insureds:
Housing Authorities, Port Authorities, School Boards, or Railroad Boards.
3. Past or present employees of a Participating Member while acting for or on behalf of that Participating
Member.
4. Any person or entity as required by contract, but only for injury or damage that results from:
a. Premises owned, rented or leased by a Participating Member;
b. Work done by a Participating Member; or
c. Any permitted or authorized user of an automobile owned or hired by a Participating Member, but
only if the automobile is actually used for or on behalf of a Participating Member and within the
scope of permission or authorization of the Participating Member.
5. Any person while using an automobile owned or hired by a Participating Member and any person or
entity permitting or authorizing that person to use the automobile, but only if the automobile is actually
used for or on behalf of a Participating Member and within the scope of permission or authorization of
the Participating Member.
6. Any official, trustee or employee of a Participating Member with respect to the use of non-owned
automobiles in the business of a Participating Member, but only if the automobile is actually used for or
on behalf of a Participating Member and within the scope of permission or authorization of the
Participating Member.
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POLICY NUMBER: 791-00-33-55-0006 PUBLIC ENTITY EXCESS LIABILITY
B. Persons or entities insured do not include:
1. Any person or entity operating an automobile sales agency, repair shop, service station, storage garage
or public parking facility;
2. Any employee of a Participating Member with respect to Bodily Injury to another employee of the same
Participating Member injured in the course of such employment in an Occurrence arising out of the
maintenance or use of an automobile in the business of such employer;
3. The owner or lessee of a hired automobile, other than a Participating Member, or the agent or employee
of the owner or lessee of a hired automobile.
SECTION VI - EXCLUSIONS
This insurance does not apply to:
1. Workers Compensation
Any Claim or obligation for which an Insured or its insurance carrier may be held liable under any worker's
compensation, occupational disease, unemployment compensation, disability benefits law or any similar
law.
2. Property In an Insured's Care, Custody or Control
Any Claim arising out of Property Damage to:
a. Real property occupied by or leased to an Insured, its agents or subcontractors;or
b. Real or personal property in an Insured's, agent's or subcontractor's care, custody or control or which
an Insured, its agents or its subcontractors are for any purpose exercising control, unless no other valid
and collectible insurance is available to Participating Member.
3. Contractual Liability
Any Claim that the Insured is obligated to pay damages for Automobile Liability, Personal Injury,
Property Damage, Employee Benefits Program Administration Liability or Public Officials Errors and
Omissions Liability arising out of the Insured's assumption of liability in a contract or agreement.This
exclusion does not apply to liability for Damages for Personal Injury or Property Damage:
a. That the insured would have in the absence of the contract or agreement;or
b. Assumed in a contract or agreement that is an Insured Contract, provided the Personal Injury or
Property Damage occurs subsequent to the execution of the contract or agreement.Solely for the
purposes of liability assumed in an Insured Contract, reasonable attorneys'fees and necessary
litigation expenses incurred by or for an Indemnitee, but not by or for the Insured, are deemed to be
Damages because of the Personal Injury or Property Damage, provided:
(1) Liability to such party for, or for the cost of,that party's defense has also been assumed in the same
Insured Contract; and
(2) Such attorneys'fees and litigation expenses are for defense of that party against a civil or
alternative dispute resolution proceeding in which Damages to which this insurance applies are
alleged.
But there is no coverage for an Insured Contract if the contract or agreement requires arbitration and the
Company or the Colorado County Casualty and Property Pool is not entitled to exercise rights in the choice
of arbitrators and in the conduct of the arbitration proceedings, or the Company or the Colorado County
Casualty and Property Pool is deprived of the opportunity to exercise rights in the choice of arbitrators and
conduct of such arbitration proceedings.
4. Health Care Professional Services
Any Claim arising out of the performance of or failure to perform Health Care Professional Services by
any Insured who is a medical doctor, psychologist, psychotherapist or nurse practitioner.
This exclusion does not apply to administrative duties performed by a medical doctor, psychologist,
psychotherapist or nurse practitioner in the scope of his or her duties.
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5. Failure To Supply
Any Claim 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.
6. Nuclear Energy Liability
a. Any Claim:
(1) 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
(2) Resulting from the hazardous properties of nuclear material and with respect to which(a)any
person or any entity is required to maintain financial protection pursuant to the Atomic Energy Act of
1954, or any law amendatory thereof, or(b)the Insured is, or had this policy not been issued would
be, entitled to indemnity from the United States of America, or any agency thereof, under any
agreement entered into by the United States of America, or any agency thereof,with any person or
entity.
b. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury"resulting
from the"hazardous properties"of"nuclear material"and arising out of the operation of a "nuclear
facility" by any person or organization.
c. Under any liability coverage, any Claim for Bodily Injury or Property Damage resulting from the
"hazardous properties"of"nuclear material", if:
(1) The"nuclear material":
(a) is at any"nuclear facility"owned by, or operated by or behalf of,an Insured or
(b) has been discharged or dispensed therefrom;
(2) The"nuclear material"is contained in "spent fuel"or"waste"at any time possessed, handled, used,
processed, stored,transported or disposed of, by or on behalf of an Insured; or
(3) The Bodily Injury or Property Damage arises out of the furnishing by an Insured of services,
materials, parts or equipment in connection with the planning, construction, maintenance, operation
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 Property Damage to such nuclear facility
and any property threat.
As used in this exclusion:
(1) "hazardous properties" includes radioactive, toxic or explosive properties;
(2) "nuclear material"means source material, "special nuclear material"or"by-product material";
(3) "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;
(4) "spent fuel"means any fuel element or fuel component, solid or liquid, which has been used or
exposed to radiation in a "nuclear reactor";
(5) "waste"means any waste material:
(a) containing"by-product material"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
(b) resulting from the operation by any person or entity of a"nuclear facility" included within the
definition of"nuclear facility";
(6) "nuclear facility"means:
(a) any"nuclear reactor";
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(b) any equipment or device designed or used for:
(i) separating the isotopes of uranium or plutonium;
(ii) processing or utilizing spent fuel; or
(iii) handling, processing or packaging wastes;
(c) 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;
(d) 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;
(7) "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;and
(8) Personal Injury or Property Damage includes all forms of radioactive contamination.
7. Pollution Liability
a. Any Claim arising directly or indirectly out of, or in any way related to the actual, alleged or threatened
"discharge"of Pollutants:
(1) At or from any premises, site or location which is or was at any time owned or occupied by, or
rented or loaned to, any Insured. However, this paragraph does not apply to:
(a) Bodily Injury if sustained within a building and caused by smoke, fumes, vapor or soot
produced by or originating from equipment that is used to heat, cool or dehumidify the building,
or equipment that is used by the building's occupants or their guests to heat water for personal
use;
(b) Bodily Injury or Property Damage for which an Insured may be held liable, if the Insured is a
contractor and the owner or lessee of the premises, site or location of the Insured's work has
been added to the Insured's policy as an additional insured with respect to the Insured's
ongoing operations performed for that additional insured at that premises, site or location and
such premises, site or location is not and never was owned or occupied by, or rented or loaned
to, any Insured, other than that additional insured; or
(c) Bodily Injury or Property Damage arising out of heat, smoke or fumes from a hostile fire;
(2) At or from any premises, site or location which is or was at any time used by or for any Insured or
others for the handling, storage, disposal, processing or treatment of waste;
(3) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as
waste by or for any Insured or others;
(4) At or from any premises, site or location on which any Insured or any contractors or subcontractors
working directly or indirectly on any Insured's behalf are performing operations if the Pollutants are
brought on or to the premises, site or location in connection with such operations by such Insured,
contractor or subcontractor.
However,this paragraph does not apply to Bodily Injury or Property Damage arising out of the
escape of fuels, lubricants or other operating fluids which are needed to perform the normal
electrical, hydraulic or mechanical functions necessary for the operation of Mobile Equipment or its
parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold,
store or receive them. This exception does not apply if the Bodily Injury or Property Damage
arises out of the intentional "discharge"of the fuels, lubricants or other operating fluids, or if such
fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the
intent that they be"discharged"as part of the operations being performed by such Insured,
contractor or subcontractor;
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(5) At or from any premises, site or location on which any Insured or any contractors or subcontractors
working directly or indirectly on any Insured's behalf are performing operations if the operations are
to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to,
or assess the effects of, Pollutants.
b. Any loss, cost or expense arising directly or indirectly out of, or in any way related to any:
(1) Request, demand, order or statutory or regulatory requirement that any Insured or others test for,
monitor, clean up, remove, contain,treat, detoxify or neutralize, or in any way respond to, or assess
the effects of, Pollutants; or
(2) Claim by or on behalf of a governmental authority because of testing for, monitoring, cleaning up,
removing, containing, treating, detoxifying or neutralizing,or in any way responding to, or assessing
the effects of, Pollutants.
However, this paragraph does not apply to liability for Damages because of Property Damage that the
Insured would have in the absence of such request, demand, order or statutory or regulatory
requirement, or such Claim by or on behalf of a governmental authority.
c. This exclusion does not apply to any Claim that results from a"discharge"of:
(1) Chemicals used in sewage treatment, swimming pool maintenance, or water purification operations;
or
(2) Natural gas or propane gas used in sewage treatment, swimming pool maintenance, or water
purification operations.
d. This exclusion does not apply to Bodily Injury or Property Damage that results from a"discharge"any
Pollutants in the providing of:
(1) Potable water supplied to others;
(2) Urgent response for the protection of property, human life, health or safety conducted away from
premises owned by or rented to or regularly occupied by an Insured;
(3) Training operations by an Insured;
(4) Water runoff from the cleaning of equipment used in an emergency service activity; or
(5) Fuels, lubricants,fluids, exhaust gases or similar Pollutants that are needed for or result from the
normal electrical, hydraulic or mechanical functioning of a covered automobile and that escape,
seep or migrate, or are discharged, dispersed or released, directly from a part of the covered
automobile designed by its manufacturer to hold, store, receive or dispose of such Pollutants.
e. This exclusion does not apply to Bodily Injury or Property Damage to a building or its contents if such
Bodily Injury or Property Damage is caused by a"discharge" related to the escape or back-up of
sewage or waste water from any sewage treatment facility or fixed conduit or piping owned, operated,
leased, controlled or for which an Insured has the right of way, but only if Bodily Injury or Property
Damage occurs away from land owned or leased by an Insured and does not result from any corrosive
or radioactive Pollutants in the sewage or waste water.
f. This exclusion does not apply to the application of any pesticide or herbicide by or for an Insured if
such application or use meets all legal or license requirements of any governmental agency or authority
which apply to it.
The exceptions set forth in Paragraphs c., d. and e. of this exclusion only apply if the discharge is
accidental, unintended and stopped as soon as possible.
The entirety of any"discharge"or series of related discharges will be deemed a single discharge regardless
of the length of time over which the Pollutants are released. The entirety of any"discharge"or series of
related"discharges"will be deemed to have occurred at the date the earliest"discharge"commenced.
"Discharge"as used in this exclusion includes dispersal, seepage, migration, release or escape.
8. Noise Pollution Liability
Any Claim arising out of noise pollution. Noise pollution means loud or irritating sounds.
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9. Asbestos liability
a. Any Claim 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
b. Any Claim that the Insured defend, indemnify or hold harmless any person or entity for Personal
Injury or Property Damage arising out 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.
10. ERISA
Any Claim arising out of the"Employee Retirement Income Security Act of 1974"and any law amendatory
thereof.
11. Sexual Advances
Any Claim arising out of sexual advances involving intentional physical contact,whether consensual or not.
This exclusion applies only to a natural person who has made sexual advances involving intentional
physical contact or who knowingly participated in such conduct by another.
12. Aircraft
Any Claim 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 is not using the aircraft to carry persons or property for a charge.
13. Watercraft
Any Claim 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.
14. War
Any Claim arising directly or indirectly out of, or in any way related to war, invasion, acts of foreign enemies,
any weapon of war employing atomic fission or radioactive force whether in time of peace or war, hostilities,
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.
15. Prior Notice
Any Claim or potential Claim or Occurrence or Wrongful Act or circumstances for which a Participating
Member has provided notice to any other insurance company before the policy period shown in the Policy
Declarations.
16. Prior Knowledge
Any Claim arising out of any act, error, omission, injury, damage, Occurrence,Wrongful Act,facts or
circumstances occurring prior to the policy period shown in the Policy Declarations if any Insured, before
inception of the policy period, knew or could reasonably have foreseen that such act, error,omission, injury,
damage, Occurrence, Wrongful Act, facts or circumstances might be the basis of a Claim.
17. Prior or Pending Litigation
Any Claim based upon, arising from,or in any way related to any demand, suit, or other proceeding against
any Insured which was pending on or existed prior to the policy period shown in the Policy Declarations, or
the same or substantially similar facts, circumstances or allegations which are the subject of or the basis for
such demand, suit, or other proceeding.
18. Prior Occurrence or Wrongful Act
Any Claim arising out of an Occurrence or Wrongful Act which occurred prior to the Retroactive Date in
the Declarations.
19. Advertising, Broadcasting, Publishing or Telecasting Operations
Any Claim arising out of a publication or utterance in advertising, publishing, broadcasting or telecasting
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done by an Insured that:
a. Slanders or libels a person or entity or disparages a person's or entity's goods, products, property or
services, and piracy and infringement of copyright or of property; or
b. Violates a person's right of privacy.
20. Premises Medical Expenses of Certain Persons
Premises Medical Payments coverage for any of the following:
a. A person injured on that part of your premises that the person normally occupies;
b. Coverage provided under Products and Completed Operations Liability;
c. A person injured while practicing for or participating in any athletic or sports contest or exhibition
sponsored, conducted or directed by an Insured; or
d. Any person who is sentenced and imprisoned in, committed to, confined in, or detained in any county
jail or other detention facility.
21. Declaratory&Injunctive Relief
Any Claim or any part of any Claim seeking injunctive, declaratory or equitable relief and related costs
inclusive of any attorneys'fees or attorneys'expenses. This includes any amount required to comply with a
court or administrative order,judgment, ruling, or decree that results from any action or demand, including,
but not limited to,costs of physical alterations required to comply with the Americans with Disabilities Act.
22. Wages
Any Claim:
a. For wages, overtime or other wage related compensation for Persons or Entities Insured, except for
wages sought as part of a claim for wrongful termination or discrimination under Public Officials
Errors and Omissions Liability; or
b. Arising out of a collective employee bargaining agreement.
23. Breach of Contract
Any Claim arising out of breach of contract,whether express or implied, or arising out of non-completion of
a contract, delay in performing a contract or noncompliance with contract deadlines.
24. Eminent Domain
Any Claim arising out of eminent domain, inverse condemnation, regulatory taking, adverse possession or
dedication by adverse use. For Public Officials Errors and Omissions Liability only, this exclusion does
not apply to Claims for zoning variances, zoning or rezoning decisions or for the authorized acts of a
Participating Member's Treasurer, Sheriff, Health Department or their respective employees, volunteers or
agents.
25. Employers Liability
Any Claim arising out of:
a. Bodily Injury to an employee of the Insured and arising out of and in the course of:
(1) Employment by the Insured; or
(2) Performing duties related to the conduct of the Insured's business;
b. Bodily Injury to the spouse or any child, parent, brother or sister of that employee if such Bodily Injury
arises out of the Bodily Injury to the employee. This exclusion applies whether the Insured may be
held liable as an employer or in any other capacity and 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.
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26. Intellectual Property
a. Any Claim arising out of 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; or
(7) Other intellectual property rights or laws.
b. But this exclusion does not apply to a Claim for Personal Injury that results from the unauthorized use
of any copyrighted or trademarked advertising material, slogan, style, or title of others in the Insured's
advertising.
27. Fungi or Bacteria
a. Any Claim arising out of any actual, alleged or threatened inhalation of, ingestion of,contact with,
exposure to, existence of, or presence of, any Fungi or bacteria on or within a building or structure,
including its contents, regardless of whether any other cause, event, material or product contributed
concurrently or in any sequence to such injury or damage.
b. Any loss, cost or expenses arising out of the abating,testing for, monitoring, cleaning up, removing,
containing,treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to,
or assessing the effects of, Fungi or bacteria, by any insured or by any other person or entity.
This exclusion does not apply to any Fungi or bacteria that are, are on, or are contained in, a good or
product intended for bodily consumption.
28. Nursing Homes and Assisted Living Facility Premises
Any Claim by any person who is on a Participating Member's nursing home or assisted living facility
premises for the purpose of receiving any medical evaluation, care or treatment.
29. Hospitals and Medical Clinics
Any Claim for Personal Injury, Property Damage or Premises Medical Payments arising out of the
operation of any hospital or medical clinic, including:
a. The ownership, maintenance or use of any premises used in such operation;
b. Product Liability arising from products that are distributed in such operation; or
c. Completed Operations Liability for operations done anywhere that is related to the operation of such
hospital or medical clinic.
However, this exclusion does not apply to Automobile Liability.
30. Criminal, Malicious, Dishonest, or Fraudulent Errors, Omissions, or Acts or Willful or Knowing
Violation of Rights and Law
Any Claim arising out of any criminal, malicious, dishonest, or fraudulent errors, omissions, or acts or a
willful or knowing violation of rights and laws.
31. Personal Financial Gain
Any Claim arising out of an Insured obtaining financial gain to which the Insured is not legally entitled.
32. Ski Facility
Any Claim arising out of the operation of any ski facility, including:
a. The ownership, maintenance or use of any premises used in such operation;
b. Product Liability arising from products that are distributed in such operation; or
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c. Completed Operations Liability for operations done anywhere that are related to the operation of such
ski facility.
However, this exclusion does not apply to cross country ski operations at a premises not normally operated
as a full-time ski facility. Nor does it apply to Automobile Liability.
33. Ski Equipment Rental
Any Claim arising out of the rental of ski equipment.
However, this exclusion does not apply to rental of ski equipment at a premises not normally operated as a
full-time ski facility.
34. Rodeo Participants
Any Claim arising out of practice for, or participation in, rodeo events of any kind.
35. Airport,Airfield, Hanger or Terminal
Any Claim arising out of the operation of an airport, airfield, hangar or terminal, including:
a. The ownership, maintenance or use of any premises used in such operation;
b. Product Liability arising from products that are distributed in such operation; or
c. Completed Operations Liability for operations done anywhere that are related to the operation of such
airport, airfield, hanger or terminal.
However,this exclusion does not apply to Automobile Liability.
36. Particular Authorities &Boards
Any Claim arising out of activities or operations of Housing Authorities, Port Authorities, School Boards or
Railroad Boards.
37. Fines, Penalties, Punitive, Multiplied or Exemplary Damages
Any fines, penalties or punitive, multiplied or exemplary damages.
38. Automobile Liability—Uninsured and Underinsured Motorist Exclusion
In addition to exclusions 1.through 37. above and any exclusion added by endorsement,the insurance for
Automobile Liability also does not apply to any Claim against an Insured arising out of any Uninsured or
Underinsured Motorist law.
39. Public Officials Errors and Omissions Liability Exclusions
In addition to exclusions 1. through 37. above and any exclusion added by endorsement, the insurance for
Public Officials Errors and Omissions Liability also does not apply to any Claim arising out of:
a. Automobile Liability, Personal Injury, Property Damage or Employee Benefits Administration
Liability.
b. Estimates of probable costs or cost estimates being exceeded, faulty preparation of bid specifications or
failure to award contracts in accordance with statute or ordinance.
c. Injury to, destruction or disappearance of any tangible property including money or the loss of use
thereof.
d. Faulty preparation of maps, plans, reports, survey, designs, bid documents, or specifications. This
exclusion does not apply to Claims arising out of the foregoing services when they were provided to an
Insured by an additional insured.
e. Activities in a fiduciary capacity.
f. Improper assessment, calculation or collection of taxes, or loss that reflects any tax obligation. This
exclusion does not apply to Claims arising out of the administration functions involved in the collection
or refund of taxes.
g. 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,
including the following:
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(1) Fair Labor Standards Act, except the Equal Pay Act,
(2) National Labor Relations Act,
(3) Worker Adjustment and Retraining Notification Act,
(4) Consolidated Omnibus Budget Reconciliation Act of 1985,
(5) Occupational Safety and Health Act, or
(6) Employee Retirement Income Security Act of 1974.
This exclusion does not apply to Claims for retaliatory action against any employee for the employee's
exercising of rights afforded by such laws.
h. Liability to any employee on strike or lockout or temporarily or permanently replaced due to any labor
dispute, including for breach of a collective bargaining agreement. This exclusion does not apply to
Claims for retaliatory action taken in response to any of your employees for participating in any strike or
lockout.
i. Breach of contract, whether express or implied, non-completion of contract, delay or non-compliance
with contract deadlines. This exclusion does not apply to an employment-related Claim alleging a
breach of an implied contract of employment. An implied contract of employment is one that arises 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 b., d. and e.do not apply to any contingent or vicarious liability of a Participating
Member arising out of one or more of the above referenced Wrongful Acts committed by an elected or
appointed official of a Participating Member.
40. Employee Benefits Program Administration Liability—Personal Injury& Property Damage Exclusion
In addition to exclusions 1. through 37. above and any exclusion added by endorsement,the insurance for
Employee Benefits Program Administration Liability also does not apply to any Claim for Personal
Injury or Property Damage.
SECTION VII - DEFINITIONS
1. "Automobile Liability"means Bodily Injury or Property Damage resulting from the ownership,
maintenance, use or operation of any auto owned, rented, leased, or borrowed by any Insured but only if
the automobile is actually used or operated for or on behalf of a Participating Member and within the scope
of permission or authorization of the Participating Member. Automobile Liability includes loading or
unloading to or from such auto.
2. "Automobile Medical Payments"means reasonable expenses incurred for necessary medical and funeral
services incurred to or for any Insured who sustains Bodily Injury caused by an Occurrence during the
policy period and resulting from the ownership, maintenance or use of a covered auto, but only if reported
within three years from the date of the Occurrence. Automobile Medical Payments includes only those
expenses incurred for services rendered within three years from the date of the Occurrence.
3. "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.
4. "Claim"or"Claims" means a written demand, including a Suit,for payment of money damages.
5. "Company"means the insurer(s)specified in the Declarations.
6. "Completed Operations Liability":
a. 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:
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(1) When all operations to be performed by or on behalf of the Insured under the contract have been
completed;
(2) When all operations to be performed by or on behalf of the Insured at the site of the operations
have been completed; or
(3) 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 entity other than another contractor or subcontractor engaged in performing
operations for a principal 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.
b. "Completed Operations Liability"does not include Bodily Injury or Property Damage arising out of:
(1) Operations in connection with the transportation of property unless the Bodily Injury or Property
Damage arising out of a condition in or on an automobile created by the loading or unloading
thereof; or
(2) The existence of tools, uninstalled equipment or abandoned or unused materials.
7. "Coverage Territory" means:
a. The United States of America (including its territories and possessions), Puerto Rico and Canada;
b. International waters or airspace, but only if the injury or damage occurs in the course of travel or
transportation between any places included in Paragraph a. above; or
c. All other parts of the world if the injury or damage arises out of:
(1) Goods or products made or sold by you in the territory described in Paragraph a. above;
(2) The activities of a person whose home is in the territory described in Paragraph a. above, but is
away for a short time on your business; or
(3) Personal Injury offenses that take place through the Internet or similar electronic means of
communication provided the Insured's responsibility to pay Damages is determined in a Suit on
the merits, in the territory described in Paragraph a. above or in a settlement the Company agrees
to.
8. "Damages" means money damages. Damages does not include fines, penalties, any amount awarded as
liquidated damages pursuant to any federal or state statute, or punitive, multiplied or exemplary damages.
9. "Defense Costs" means fees, costs and expenses, including attorney's fees and expenses, incurred in
defending any Claim to which this insurance applies. Defense Costs includes the fees, costs and
expenses, including attorney's fees and expenses, incurred by the Insured in defending an Indemnitee.
Defense Costs does not include: the salaries, wages, overhead,fees, costs or expenses of the Company
or the Insured, or their respective employees or officials; or attorney's fees or expenses taxed against an
insured in any Claim.
10. "Employee Benefits Program" includes:
a. Pension and profit sharing plans;
b. Individual retirement(IRA) plans;
c. Salary reduction plans under Internal Revenue Code 401(k)or amendments;
d. Savings plans;
e. Group plans for life, health, dental, disability, automobile, homeowners, or legal advice insurance;
f. Social security system benefits;
g. Workers' compensation and unemployment insurance;
h. Travel and vacation plans; and
i. Educational tuition reimbursement plans.
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1
POLICY NUMBER: 791-00-33-55-0006 PUBLIC ENTITY EXCESS LIABILITY
11. "Employee Benefits Program Administration Liability" means Wrongful Acts in:
a. Giving counsel to employees with respect to an Employee Benefits Program;
b. Interpreting an Employee Benefits Program;
c. Handling records in connection with an Employee Benefit Program; or
d. Effecting enrollment,termination or cancellation of employees under an Employee Benefit Program;
if the activities in those Wrongful Acts are authorized by an Insured.
12. Fungi means:
Any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts
produced or released by fungi.
13. "Health Care Professional Services"includes:
a. Any dental, medical, mental, nursing, surgical,x-ray, or other health care professional service, including
any advice, instruction,food, or beverage provided with such service;
b. The dispensing of drugs or medical or dental supplies and appliances; and
c. The handling or treatment of corpses, including autopsies, organ donations, and other postmortem
procedures.
14. "Indemnitee"means a person or entity, other than an Insured, who is a party to an Insured Contract and
for whom the Insured assumed liability for Damages for Personal Injury or Property Damage in the
contract or agreement.
15. "Insured"means the Colorado Counties Casualty and Property Pool and its participating members and any
person or entity qualifying as an Insured under the Persons or Entities Insured section of this policy.
16. "Insured Contract" means:
a. A contract for a lease of premises;
b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a
municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to your business (including an indemnification of
a municipality in connection with work performed for a municipality)under which you assume the tort
liability of another party to pay for Personal Injury or Property Damage to a third person or
organization.Tort liability means a liability that would be imposed by law in the absence of any contract
or agreement.
Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies an architect, engineer or surveyor for Personal Injury or Property Damage
arising out of:
(a) Preparing, approving, or failing to prepare or approve, maps, shop drawings,opinions, reports,
surveys,field orders, change orders or drawings and specifications; or
(b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury
or damage.
(2) Under which the insured, if an architect, engineer or surveyor,assumes liability for Personal Injury
or Property Damage arising out of the insured's rendering or failure to render professional services,
including those listed in (2)above and supervisory, inspection, architectural or engineering
activities.
17. "Mobile Equipment" means any of the following types of land vehicles, including any attached machinery
or equipment:
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POLICY NUMBER: 791-00-33-55-0006 PUBLIC ENTITY EXCESS LIABILITY
a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads;
b. Vehicles maintained for use solely on or next to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles,whether self-propelled or not, maintained primarily to provide mobility to permanently
mounted:
(1) Power cranes, shovels, loaders, diggers or drills; or
(2) Road construction or resurfacing equipment such as graders, scrapers or rollers;
e. Vehicles not described in Paragraph a., b., c. or d.above that are not self-propelled and are maintained
primarily to provide mobility to permanently attached equipment of the following types:
(1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical
exploration, lighting and well servicing equipment; or
(2) Cherry pickers and similar devices used to raise or lower workers;
f. Vehicles not described in Paragraph a., b., c. or d.above maintained primarily for purposes other than
the transportation of persons or cargo.
However,self-propelled vehicles with the following types of permanently attached equipment are not
Mobile Equipment but will be considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or
lower workers; and
(3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical
exploration, lighting and well servicing equipment.
Mobile Equipment does not include any land vehicles that are subject to a compulsory or financial
responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged
or designated as covered autos under your automobile liability insurance. Instead, those land vehicles are
considered "autos".
18. "Occurrence"means:
An accident or event, including continuous or repeated exposure to conditions, provided that all such
exposure to substantially the same general conditions shall be deemed one Occurrence.
19. "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 entity, including defamation, or disparages
a person's or entitys 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:
(1) If committed or directed for the purpose of protecting persons from injury or death, or property from
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POLICY NUMBER: 791-00-33-55-0006 PUBLIC ENTITY EXCESS LIABILITY
damage; or
(2) To liability arising out of corporal punishment; or
i. Improper or erroneous service of civil papers.
20. "Pollutants"means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor,
soot,fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or
reclaimed.
21. "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 during
the policy period 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.
a. Premises Medical Payments includes 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.
b. For the purposes of Premises Medical Payments, "other insurance" means valid and collectible
insurance, or the funding of losses, available through:
(1) Another insurance company;
(2) A risk retention group;
(3) A self-insurance method or program, other than any funded by Colorado Counties Casualty and
Property Pool; or
(4) Any similar risk transfer method.
22. "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.
23. "Property Damage"means:
a. 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
b. 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.
24. "Public Officials Errors and Omissions Liability"means 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 an Insured. A Wrongful Act in Public Officials Errors and
Omissions Liability includes but is not limited to wrongful termination or discrimination based upon race,
religion, nationality, national origin, color, creed, sex or age.
25. "Related Occurrences" means any multiple, repeated, or continuous Occurrences that are logically or
causally connected by the same or similar facts or circumstances or series of the same or similar facts or
circumstances.
26. "Related Wrongful Acts" means any multiple, repeated, or continuous Wrongful Acts that are logically or
causally connected by the same or similar facts or circumstances or series of the same or similar facts or
circumstances.
27. "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.
28. '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 an Insured in the performance of his or her duties. All
such exposure to substantially the same general conditions shall be deemed one Wrongful Act.
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POLICY NUMBER: 791-00-33-55-0006 PUBLIC ENTITY EXCESS LIABILITY
SECTION VIII - CONDITIONS
1. Separation of Insureds
Except with respect to Limits of Insurance, and any rights or duties specifically assigned to the Colorado
Counties Casualty and Property Pool,this insurance applies as if each Insured were the only Insured; and
separately to each Insured against whom Claim is made or Suit is brought.
2. Insured's Duties in the Event of Occurrence,Wrongful Act or Claim
a. In the event of an Occurrence,Wrongful Act or Claim reasonably likely to involve the insurance under
this policy,the Colorado Counties Casualty and Property Pool shall give written notice to the Company
as soon as practicable. The notice shall contain particulars sufficient to identify the Insured and also
reasonably obtainable information with respect to the time, place, and circumstances of the
Occurrence,Wrongful Act and Claim, and the names and addresses of any injured or damaged
persons or entities and available witnesses. In the event of a Claim, the Insured's notice shall include a
copy of any written demands or Suit papers.
b. Failure to give notice of any Occurrence or Wrongful Act which initially did not appear reasonably
likely to involve the insurance under this policy will not prejudice the Colorado Counties Casualty and
Property Pool ability to subsequently give notice of a Claim arising from such Occurrence or Wrongful
Act, provided that written notice of such Claim is given as soon as practicable following the Colorado
Counties Casualty and Property Pool's receipt of such Claim.
c. The Colorado Counties Casualty and Property Pool shall give written notice to the Company as soon as
practicable,following notice to the Colorado Counties Casualty and Property Pool, of a Claim which
involves:
(1) Death;
(2) Brain Damage;
(3) Paraplegic or quadriplegic impairment;
(4) Loss of eyesight;
(5) Third degree burns;
(6) Traumatic loss of or surgical amputation of a limb; or
(7) A serious case where, in the judgment of the Insured or its defense counsel, reserves exceed
$125,000.
d. The Insured will 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 entity who
may be liable to the Insured; and the Insured will attend hearings and trials and assist in securing and
giving evidence and obtaining the attendance of witnesses. The Insured will not, except at its own cost,
voluntarily make any payment, assume any obligation or incur any expense. In the event that the
amount of a proposed settlement becomes known either through trial court judgment or agreement
among the Colorado Counties Casualty and Property Pool, the claimant and the Company,then the
Colorado Counties Casualty and Property Pool may pay the Damages to the claimant to effect
settlement and, upon submission of proof of payment, the Company will pay the Colorado Counties
Casualty and Property Pool for that part of such payment which is in excess of the Self-Insured
Retention,or will upon request of the Colorado Counties Casualty and Property Pool, make such
payment to the claimant on behalf of the Insured.
e. Notice is to be sent to:
OneBeacon Governmental Risks
8000 IH 10 West, Ste 901
San Antonio, TX 78230
E-Mail: O BG RCIa i ms(WOneBeacon qov.com
Fax: 866-894-1633
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POLICY NUMBER: 791-00-33-55-0006 PUBLIC ENTITY EXCESS LIABILITY
3. Settlement Consent
The Company shall have the right to propose settlement for any Claim or Suit within an applicable Self-
Insured Retention or the available limit of liability, but only if it is reasonably certain that the Claim or Suit
will exceed the Self-Insured Retention. If the Insured refuses to consent to a settlement,the Company will
limit the total amount it will pay for Damages to no more than the amount it would have paid had the
Insured given consent to the proposed settlement.
4. Appeals
In the event the Insured elects not to appeal a judgment in excess of the Self-Insured Retention,the
Company may elect to do so at its own expense, but in no event will the liability of the Company exceed
the applicable amount specified in the Limits of Liability section of the Declarations.
5. Legal Action Against the Company
No person or entity has a right under this policy:
a. To join the Company as a party or otherwise bring the Company into a Suit against an Insured; or
b. To sue the Company on this policy unless that person or entity has fully complied with all of the policy
terms.
A person or entity may sue the Company to recover on an agreed settlement or on a final judgment against
an Insured; but the Company will not be liable for damages that are not payable under the terms of this
policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement
and release of liability signed by the Company, the Insured and the claimant or the claimant's legal
representative.
6. Bankruptcy and Insolvency
Bankruptcy or insolvency of an Insured shall not relieve the Company of any of its obligations hereunder or
increase any of those obligations.
7. Other Insurance
a. This insurance is excess insurance 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, Employee Benefits Program
Administration Liability or Public Official's Errors and Omissions Liability covered by this
insurance,this insurance is excess over any of that other insurance and shall not contribute with any of
the other insurance.
"Other insurance"means any other valid and collectible insurance, whether primary, excess, contingent
or on any other basis, except for insurance bought specifically to apply in excess of the Limits of
Insurance shown in the Declarations of this policy, that is available through:
(1) Another insurance company;
(2) A risk retention group;
(3) A self-insurance method or program, other than any funded by Colorado Counties Casualty and
Property Pool and over which this agreement applies; or
(4) Any similar risk transfer method.
b. When this insurance is excess over other insurance, we will pay only our share of the amount of the
loss, if any,that exceeds the sum of:
(1) The total amount that all such other insurance would pay for the loss in the absence of this policy;
and
(2) The total of all deductible and self-insured amounts under all other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess
Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown
in the Declarations of this policy.
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POLICY NUMBER: 791-00-33-55-0006 PUBLIC ENTITY EXCESS LIABILITY
8. Subrogation
The Company shall be subrogated to the extent of any payment hereunder to all the Insureds'rights of
recovery. The 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 person or entity, including the Colorado Counties Casualty and Property Pool, having paid an amount in
excess of the self-insured retention will be reimbursed first to the extent of actual payment.
If any balance then remains unpaid, it will be applied to reimburse the Colorado Counties Casualty and
Property Pool.The expenses of all such recovery proceedings will be apportioned in the ratio of the
respective recoveries. If there is no recovery in proceedings conducted solely by the Colorado Counties
Casualty and Property Pool, 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 Colorado Counties Casualty and Property Pool.
9. Changes
Notice to any agent or knowledge possessed by any agent or by any other person will not effect a waiver or
change in any part of this policy or estopp the Company from asserting any right under the terms of this
policy, nor will 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 unless 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. Cancellation
This policy may be canceled by the Colorado Counties Casualty and Property Pool by surrender thereof to
the Company or any of its authorized agents, or by mailing to the Company written notice stating when the
cancellation will be effective. The policy may be canceled by the Company by mailing to the Colorado
Counties Casualty and Property Pool at the address shown in this policy written notice stating when not less
than 90 days thereafter such cancellation shall be effective. Provided that the Colorado Counties Casualty
and Property Pool 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 Colorado Counties Casualty and Property Pool at the address shown in the policy, written
notice stating when not less than ten days thereafter such cancellation shall be effective. If notice is mailed,
proof of mailing will be sufficient proof of notice.
If the Colorado Counties Casualty and Property Pool requests cancellation, earned premium will be
calculated in accordance with the customary short rate table and procedure. If the Company cancels,
earned premium will be calculated pro rata. 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 by the Colorado Counties Casualty and Property Pool or by the
Company, will take effect prior to the expiration of 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.
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POLICY NUMBER: 791-00-33-55-0006 PUBLIC ENTITY EXCESS LIABILITY
In the event of cancellation or non-renewal, by the Company or the Colorado Counties Casualty and
Property Pool,the Colorado Counties Casualty and Property Pool authorizes the producer of record to send
notices of the applicable cancellation or non-renewal on its behalf to any person or entity which the Insured
has agreed to provide notice of cancellation or non-renewal provided the name and address of each person
or entity has been provided to the producer of record. Failure of the producer of record to provide notice will
not impose liability of any kind on the Company or producer of record or invalidate the cancellation or non-
renewal.
12. Pool Management
a. The Colorado Counties Casualty and Property Pool is authorized to act on behalf of all
Participating Members and other Insureds in acknowledging the selection or rejection of all coverage
options the Company is required to extend including terrorism coverage, automobile medical payment
coverage, uninsured motorists coverage and underinsured motorists coverage.
b. The Colorado Counties Casualty and Property Pool is authorized to act on behalf of all
participating members and other Insureds in giving or receiving notice of cancellation or non-renewal or
receiving notice of conditional non-renewal.
c. The Colorado Counties Casualty and Property Pool is responsible for the payment of premium and will
be the payee of any return premiums paid by the Company.All participating members are jointly and
severally liable and responsible for the payment of all premiums.
13. Extended Reporting Period
In the event of cancellation or non-renewal by the Company for any reason except non-payment of
premium, the Colorado Counties Casualty and Property Pool upon payment of an additional premium of not
more than 200%of the total expiring premium will 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 60 months, but any
such Claim must arise from an Occurrence or Wrongful Act prior to the date on which the Extended
Reporting Period commenced and after the Retroactive Date.
Colorado Counties Casualty and Property Pool must make a written request for an Extended Reporting
Period within 30 days after the expiration date of the policy period and pay the additional premium within 30
days after the 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.
14. Claim Information
At the request of the Colorado Counties Casualty and Property Pool the Company will provide, within 30
days of that request, details on any reported incident or open, reserved, closed or paid Claim.
15. Non-Waiver of Governmental Immunity
Nothing in this policy or 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.
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SCHEDULE 1
Effective 01-01-2017 this schedule forms a part of Policy No. 791-00-03-55-0006
issued to Colorado Counties Casualty and Property Pool
by Atlantic Specialty Insurance Company
SCHEDULE OF PARTICIPATING MEMBER COUNTIES
The following Colorado Counties Casualty & Property Pool Participating Member
Counties are included as Insureds.
Alamosa Logan
Archuleta Mineral
Baca Moffat
Bent Montrose
Chaffee Morgan
Cheyenne Otero
Clear Creek Ouray
Conejos Park
Costilla Phillips
Crowley Prowers
Custer Pueblo
Delta Rio Blanco
Dolores Rio Grande
Eagle Routt
Elbert Saguache
Fremont San Juan
Garfield San Miguel
Gilpin Sedgwick
Grand Summit
Gunnison Teller
Hinsdale Washington
Huerfano Weld
Jackson Yuma
Kiowa
Kit Carson
La Plata
Lake
Las Animas
Lincoln
ASC 00 11 01 98 Copyright 1998,OneBeacon Insurance Group POLICY SCHEDULE
2017 CAPP Excess Liability Policy Page 26 of 32
6
SCHEDULE 2
Effective 01-01-2017 this schedule forms a part of Policy No. 791-00-03-55-0006
issued to Colorado Counties Casualty and Property Pool
by Atlantic Specialty Insurance Company
Common Policy Declarations, 4 VIL 100 01 98, continued:
Forms Applicable to All Coverage Parts :
4 VIL 100 10 98 COMMON POLICY DECLARATIONS
ASC 00 02 01 98 PREMIUM STATEMENT
CC DEC 01-2016 LIABILITY COVERAGE PART DECLARATIONS
CO COUNTIES 01-2016 PUBLIC ENTITY EXCESS LIABILITY POLICY FORM
ASC 00 11 01 98 SCHEDULE 1 - NAMED INSURED
ASC 00 11 01 98 SCHEDULE 2 - LIST OF COMMON DEC FORMS
CO CTY TRIA 12 15 EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND
EXCLUSION OF OTHER ACTS OF TERRORISM
COMMITTED OUTSIDE THE UNITED STATES
MANU 001 01 17 RETROACTIVE DATE CHANGE ENDORSEMENT
MANU 002 01 17 ADDITIONAL INSURED - DESIGNATED PERSON
MANU 003 01 17 EXCLUSION - ACCESS OR DISCLOSURE OF
CONFIDENTIAL OR PERSONAL INFORMATION AND
DATA-RELATED LIABILITY
MANU 004 01 17 CONDITIONS-SELF-INSURED POOL OBLIGATIONS TO
POOL MEMBERS FOR AUTOMOBILE MEDICAL PAYMENTS
AND PREMISES MEDICAL PAYMENTS
ASC 00 11 01 98 Copyright 1998,OneBeacon Insurance Group POLICY SCHEDULE
2017 CAPP Excess Liability Policy Page 27 of 32
POLICY NUMBER: 791-00-33-55-0006 PUBLIC ENTITY EXCESS LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND
EXCLUSION OF OTHER ACTS OF TERRORISM
COMMITTED OUTSIDE THE UNITED STATES
This endorsement modifies insurance provided under the following:
PUBLIC ENTITY EXCESS LIABILITY POLICY FOR COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
A. The following is added to SECTION VI -EXCLUSIONS:
This insurance does not apply to:
Terrorism
Any Claim arising, directly or indirectly, out of a Certified Act Of Terrorism, or out of an Other Act Of
Terrorism that is committed outside of the United States (including its territories and possessions and Puerto
Rico), but within the Coverage Territory.
B. The following are added to SECTION VII -DEFINITIONS:
"Certified Act Of Terrorism" means an act that is certified by the Secretary of the Treasury, in accordance
with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act.
The criteria contained in the Terrorism Risk Insurance Act for a "Certified Act Of Terrorism" include the
following:
a. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of
insurance subject to the Terrorism Risk Insurance Act;
b. The act resulted in damage:
(1) Within the United States (including its territories and possessions and Puerto Rico); or
(2) Outside of the United States in the case of:
(a) An air carrier (as defined in Section 40102 of title 49, United States Code) or United States flag
vessel (or a vessel based principally in the United States, on which United States income tax is
paid and whose insurance coverage is subject to regulation in the United States), regardless of
where the loss occurs; or
(b) The premises of any United States mission; and
c. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is
committed by an individual or individuals as part of an effort to coerce the civilian population of the United
States or to influence the policy or affect the conduct of the United States Government by coercion.
"Other Act Of Terrorism" means a violent act or an act that is dangerous to human life, property or
infrastructure that is committed by an individual or individuals and that appears to be part of an effort to
coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, and
the act is not a "Certified Act Of Terrorism".
Multiple incidents of an "Other Act Of Terrorism" which occur within a seventy-two hour period and appear
to be carried out in concert or to have a related purpose or common leadership shall be considered to be one
incident.
C. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion,
do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part.
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II
POLICY NUMBER: 791-00-03-55-0006 PUBLIC ENTITY LIABILITY COVERAGE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RETROACTIVE DATE CHANGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
PUBLIC ENTITY EXCESS LIABILITY POLICY
RETROACTIVE DATE CHANGE
COUNTY RETROACTIVE DATE
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
Custer County January 1, 1997
This retroactive date applies only to Law Enforcement Operations.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The retroactive date for all participating member counties is July 1, 1986 unless a county is listed with a changed
retroactive date in the SCHEDULE above.
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2017 CAPP Excess Liability Policy Page 29 of 32
POLICY NUMBER: 791-00-03-55-0006 PUBLIC ENTITY EXCESS LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
PUBLIC ENTITY EXCESS LIABILITY POLICY
ADDITIONAL INSURED SCHEDULE
NAME OF PERSON OR ORGANIZATION
Blanket, as required by Certificates of Insurance
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph A. of SECTION V-PERSONS OR ENTITIES INSURED:
Any person or organization shown in the SCHEDULE above, but only with respect to liability arising out of
an Insured's premises or operations.
MANU 002 01 17 Contains copyrighted material of Insurance Services Office, Inc.with its permission. Page 1 of 1
Copyright 2016,OneBeacon Insurance Group LLC
2017 CAPP Excess Liability Policy Page 30 of 32
POLICY NUMBER: 791-00-03-55-0006 PUBLIC ENTITY EXCESS LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
PUBLIC ENTITY EXCESS LIABILITY POLICY
ADDITIONAL INSURED SCHEDULE
NAME OF PERSON OR ORGANIZATION
Blanket, as required by Certificates of Insurance
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph A.of SECTION V-PERSONS OR ENTITIES INSURED:
Any person or organization shown in the SCHEDULE above, but only with respect to liability arising out of
an Insured's premises or operations.
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Copyright 2016,OneBeacon Insurance Group LLC
2017 CAPP Excess Liability Policy Page 31 of 32
POLICY NUMBER: 791-00-33-55-0006 PUBLIC ENTITY EXCESS LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONDITIONS - SELF-INSURED POOL OBLIGATIONS TO POOL MEMBERS
FOR AUTOMOBILE MEDICAL PAYMENTS AND PREMISES MEDICAL
PAYMENTS
This endorsement modifies insurance provided under the following:
PUBLIC ENTITY EXCESS LIABILITY POLICY
The following is added to Paragraph 12. Pool Management of SECTION VIII—CONDITIONS:
d. The Colorado Counties Casualty and Property Pool administers all Automobile Medical Payments and
Premises Medical Payments coverage and will provide up to $10,000 in Automobile Medical Payments
and Premises Medical Payments per person for each Occurrence for each participating member.
MANU 004 01 17 Contains copyrighted material of Insurance Services Office,Inc.with its permission. Page I of I
Copyright 2016,OneBeacon Insurance Group LLC
2017 CAPP Excess Liability Policy Page 32 of 32
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