The URL can be used to link to this page

Browse Search

Home My WebLink About000323.tiff ,. -tree)spN Colorado Counties Casualty and Property Pool 2020 Network Security Policy Chubb/Ace Policy No . 624660328007 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 network security liability claims The pool pays the first $25 , 000 or $ 50 , 000 of each claim depending on the county' s SIR CAPP' s excess insurance carrier pays up to $2 .5 million per claim per county with sublimits , $5 million pool aggregate Gallagher Colorado Counties Casualty and Property Pool •e Q E 360 Named Insured Schedule (applies to all policies ) Colorado Counties Casualty and Property Pool including the following members : • Alamosa • Gilpin • Ouray • Archuleta • Grand • Park • Baca • Gunnison • Phillips • Bent • Hinsdale • Prowers • Chaffee • Huerfano rfano • Pueblo • Cheyenne • Jackson • Rio Blanco • Clear Creek • Kiowa • Rio Grande • Conejos • Kit Carson • Routt • Costilla a • 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 2 ©2020 Arthur J. Gallagher & Co. All rights reserved. Gallagher Gallagher Colorado Counties Casualty and Property Pool •eOE0 Cyber Enterprise Risk Management Pool Program for Members Claims Made Policy Current Carrier: ACE American Insurance Company (Admitted) Policy Period : January 1 , 2020 to January 1 , 2021 Additional Insureds : • Member Counties (Schedule on File with Company) (Each Member is issued a Certificate) Policy Form : • Third Party Liability Insuring Agreement provide Claims-Made Coverage , which applies only to claims first made during the policy period or applicable Extended Reporting Period for any Incident taking place after the Retroactive Date but before the end of the Policy Period . Retroactive Date : • None Prior and Pending Proceeding Date : • January 1 , 2014 • Data Breach Coach , Computer Forensics, Public Relations or Crisis Communications, Law Firm to Determine Insured's Indemnification, Credit Monitoring , etc. Limits : Amount Maximum Pool Policy Limits of Insurance Maximum Pool Single Limits of Insurance under any one Insuring $ 5,000,000 Agreement $ 5 , 000 , 000 Maximum Pool Policy Aggregate Limit of Insurance Pool First Party Pool Aggregate Limit Cyber Incident Insuring Agreements for All Cyber Retention / Wafting Response Coach Incidents/ Aggregate Period Each Incident Retention Cyber Incident Response See below Fund Cyber Incident Response it 2,500,000 Per Member Certificate Per Member Certificate Team tit Non-Panel Response Provider $ 250,000 Per Member Certificate Per Member Certificate Business Interruption Loss and iz 5,000,000 Per Member Certificate Per Member Certificate Extra Expenses Contingent Business Interruption and Extra Expense No Coverage Unscheduled Providers Digital Data Recovery $ 5,000,000 Per Member Certificate Per Member Certificate Network Extortion 5,000,000 Per Member Certificate Per Member Certificate Pool Third Party Pool Aggregate Limit Retention / Waiting Retro-Date / Pending Insuring Agreements for All Cyber Period or Prior Proceeding Incidents/ Aggregate Each Incident Date Cyber, Privacy and Per Member Network Security Liability 5,000,000 Per Member Certificate Certificate Payment Card Loss 5,000,000 Per Member Certificate Per Member Certificate Regulatory Proceedings $ 5,000,000 Per Member Certificate Per Member Certificate Electronic, Social and Per Member Printed Media Liability 5 , 000 , 000 Per Member Certificate Certificate 23 ©2020 Arthur J. Gallagher & Co. All rights reserved. CO Gallagher Gallagher Colorado Counties Casualty and Property Pool •eOE0 Cyber Enterprise Risk Management Pool Program for Members Claims Made Policy (Continued ) MEMBER DETAILS Member First Party Member Limits of Member Retention / Insuring Agreements Insurance Each Waiting Period Cyber Incident Response Incident/ Aggregate Each Incident Coach Retention Cyber Incident Response Fund Sidecar Cyber Incident Response 1 ,000,000! Per Member Certificate Per Member Certificate Team $ 1 ,000,000 Non Panel Incident $ 100 , 000/ Per Member Certificate Per Member Certificate Response Team $ 100 , 000 Business Interruption Loss $ 1 ,000,000/ Per Member Certificate N /A and Extra Expenses $ 1 ,000,000 Contingent Business Interruption and Extra N/A N/A Expense Unscheduled Providers No Coverage Digital Data Recovery $ 1 ,000,000! Per Member Certificate Per Member Certificate $ 1 ,000,000 Network Extortion 1 ,000,000/ Per Member Certificate Per Member Certificate $ 1 ,000,000 Member Third Party Per Member Limits of Insuring Agreements Insurance Each Member Retention Each Retro-Date ! Pending or IncidentlAggregate Claim Prior Proceeding Date Cyber, Privacy and $ 1 ,000 , 0001 Varies Per Member Per Member Certificate Network Security Liability $ 1 , 000 , 000 Payment Card Loss $ 1 '000'000! Varies Per Member Per Member Certificate $ 1 ,000,000 Regulatory Proceedings $ 1 000,000!$ 1 ,000,000 Varies Per Member Per Member Certificate Electronic, Social and $ 1 , 000 ,000/ Varies Per Member Per Member Certificate Printed Media Liability $ 1 , 000, 000 Member Retentions Each Claim Each Claim < 50 Unencrypted Devices > 50 Unencrypted Devices $25,000 $50,000 Alamosa Lake Baca Morgan Archuleta La Plata Bent Otero Chaffee Montrose Cheyenne Ouray Clear Creek Rio Grande Castilla Park Conejos Routt Custer Phillips Crowley Saguache Elbert Prowers Delta San Miguel Fremont Pueblo Eagle Sedgwick Gilpin Rio Blanco Garfield Summit Gunnison San Jan Grand Weld Hinsdale Teller Huerfano Las Animas Washington Jackson Lincoln Yuma Kiowa Logan Kit Carson Moffat 24 ©2020 Arthur J. Gallagher & Co. All rights reserved. 1 \ Gallagher .o Gallagher Colorado Counties Casualty and Property Pool •.• ORE 360 Cyber Enterprise Risk Management Pool Program for Members Claims Made Policy (Continued ) Claims-Made • Should you elect to change carriers (if a new retro-active date is provided) or non-renew this Coverage Note: policy, a supplemental extended reporting endorsement may be available subject to policy terms and conditions. You must request the extended reporting period in writing to the carrier within 30 days of the non-renewal or cancellation date of the policy and pay the additional premium by the due date specified on the premium invoice. The cost of this extended reporting period is 100% of the annual premium and is fully earned . The extended reporting period extends only to those claims that occurred prior to the expiration date and would have been covered by the policy . Claims must be reported to the carrier within 30 days of the end of the policy period . The extended reporting period does not increase the limits of liability and is subject to all policy terms, conditions and exclusions Minimum Premium : • None Auditable • Not subject to audit Definitions Definition of Claim means any: 1 . written demand against any Insured for monetary damages or non-monetary or injunctive relief; 2. civil proceeding against any Insured seeking monetary damages or non-monetary or injunctive relief, commenced by the service of a complaint or similar pleading ; 3 . arbitration or mediation proceeding against any Insured seeking monetary damages or non monetary or injunctive relief, commenced by the receipt of a written demand , or service of a complaint or similar pleading; 4 . criminal proceeding against an Insured commenced by: (a) an arrest, or (b) a return of an indictment, information or similar document; 5 . written request directed at an Insured to toll or waive a statute of limitations applicable to a Claim referenced in paragraphs 1 -4 immediately above ; or 6 . Regulatory Proceeding , including , where applicable , any appeal therefrom . Cyber Incident means: 1 . with respect to Insuring Agreement Al Cyber Incident Response Fund , a. any actual or reasonably suspected Network Security Failure ; b. any actual or reasonably suspected failure by an Insured , or any independent contractor for whom or for which an Insured: is legally responsible , to properly handle , manage, store, destroy , protect, use or otherwise control Protected Information ; c, any unintentional violation by an Insured of any Privacy or Cyber Law, including the unintentional wrongful collection of Protected Information by an Insured ; d . any reasonably suspected Interruption in service , provided a Limit of Insurance is shown in the Declarations applicable to Insuring Agreement B , Business Interruption And Extra Expenses; or e . any reasonably suspected Network Extortion Threat, provided a Limit of Insurance is shown in the Declarations applicable to Insuring Agreement D , Network Extortion ;. 2 . with respect to Insuring Agreement B , Business Interruption And Extra Expenses , an actual 3. Interruption in service ; 4 . arbitration , mediation , or other alternative dispute resolution proceeding against any Insured seeking monetary damages or non-monetary or injunctive relief, commenced by the receipt of a written demand , or service of a complaint or similar pleading ; 6. with respect to Insuring Agreement D , Network Extortion , an actual Network Extortion Threat; or with respect to Insuring Agreement E, Cyber, Privacy And Network Security Liability, any error, misstatement, misleading statement, act, omission , neglect, breach of duty or other offense actually or allegedly committed or attempted by any Insured in their capacity as such, resulting in or based upon a Cyber Incident as referenced in paragraphs 1 — 4 immediately above . 25 Gallagher ©2020 Arthur J. Gallagher & Co. All rights reserved. liar? /: O. Gallagher Colorado Counties Casualty and Property Pool • * CORE 360 • Cyber Enterprise Risk Management Pool Program for Members Claims Made Policy (Continued ) Definitions Damages mean compensatory damages , any award of prejudgment or post-judgment interest, (continued ) Payment Card Loss, Consumer Redress Fund , settlements, and amounts which an Insured becomes legally obligated to pay on account of any Claim. Damages shall not include: 1 . any amount for which an Insured is not financially liable or legally obligated to pay; 2 . taxes, fines, penalties or sanctions directly imposed against an Insured , except for Payment Card Loss or Regulatory Fines otherwise covered under Insuring Agreement E; 3. matters uninsurable under the laws pursuant to which this Policy is construed ; 4. punitive or exemplary damages,. or the multiple portion of any multiplied damage award , except to the extent that such punitive or exemplary damages, or multiplied portion of any multiplied damage award , are insurable under the applicable laws of any jurisdiction which most favors coverage for such damages and which has a substantial relationship to the Insured , Insurer, this Policy, or the Claim giving rise to such damages; 5. the cost to an Insured to comply with any injunctive , remedial , preventative, or other non-monetary or declaratory relief, including specific performance, or any agreement to provide such relief; 6 . consideration owed or paid by or to an Insured , including any royalties , restitution ,. reduction , disgorgement or return of any payment, charges , or fees ; or costs to correct or re-perform services , or for the reprint, recall , or removal of Media Content; 7. liquidated damages pursuant to a contract, to the extent such amount exceeds the amount which the Insured would have been liable in the absence of such contract; or 8. penalties against an Insured of any nature , however denominated , arising by contract, except for Payment Card Loss otherwise covered under Insuring Agreement E . Defense Provisions: Defense Costs and Expenses : Included in the Retention and within the Limits of Liability Defense Provisions : A . Except as provided in Subsection B of this section IX , the Insurer shall have the right and duty to defend any Claim brought against an Insured even if such Claim is groundless, false or fraudulent. The Insurer shall consult and endeavor to reach an agreement with the Insured regarding the appointment of counsel , but shall retain the right to appoint counsel and to make such investigation and defense of a Claim as it deems necessary. B . The Insurer shall have the right, but not the duty, to defend any Regulatory Proceeding . For such Claims, the Insured shall select defense counsel from the Insurer's list of approved law firms, and the Insurer reserves the right to associate in the defense of such Claims . Other Provisions : Settlement : The Insurer shall not settle any Claim without the written consent of the Named Insured . lithe Named Insured refuses to consent to a settlement recommended by the Insurer and acceptable to the claimant, then the Insurer's applicable Limit of Insurance under this Policy with respect to such Claim shall be reduced to: 1. the amount of Damages for which the Claim could have been settled plus all Claims Expenses incurred up to the time the Insurer made its recommendation to the Named Insured; plus eighty percent (80% ) of all subsequent covered Damages and Claims Expenses in excess of such amount referenced in paragraph (1 ) immediately above , which amount shall not exceed that portion of any applicable Limit of Insurance that remains unexhausted by payment of Costs , Damages, and Claims Expenses. The remaining twenty percent (20%) of all subsequent covered Damages and Claims Expenses shall be borne by the Insureds uninsured and at their own risk. However, this provision does not apply to any potential settlement that is within the Retention . Allocation : If a Claim includes both covered and uncovered matters, then coverage shall apply as follows: A. Claims Expenses: One hundred percent ( 100% ) of Claims Expenses incurred by any Insured on account of such Claim shall be considered covered provided that the foregoing shall not apply with respect to : 0 ) a Regulatory Proceeding ; or, (ii) any Insured for whom coverage is excluded pursuant to Exclusion IIIA. 1 or Section XIV, Subsection C . With respect to a Regulatory Proceeding , amounts for covered Claims Expenses and for uncovered fees, costs and expenses shall be K allocated based upon the relative legal and financial exposures of, and the relative benefits obtained by, the parties to such matters. B . Loss other than Claims Expenses : all remaining loss incurred by such Insured from such Claim shall be allocated between covered Damages and uncovered damages based upon the relative legal and financial exposures of, and the relative benefits obtained by, the parties to such matter 26 ©2020 Arthur J. Gallagher & Co. All rights reserved. Eft Gallagher O. Gallagher Colorado Counties Casualty and Property Pool • • CORE 360 Cyber Enterprise Risk Management Pool Program for Members Claims Made Policy (Continued ) Territory: • In the Universe . • Outside the U . S. , where legally permissible Terms and • Cyber Incident Response Fund Provisions Conditions : • Subrogation Clause • Action Against the Insurer and Bankruptcy Clause • Alternative Dispute Resolution Clause Endorsements and • Chubb Producer Compensation Practices & policies Notices: • Cyber Services for Incident Response Notice to Policyholders • Cyber Services for Loss Mitigation • U . S . Foreign Account Tax Compliance Act — FACIA Notice • U . S . Treasury Department's Office of Foreign Assets Control (OFAC) Advisory Notice to Policyholders • Policyholder Disclosure Notice of Terrorism Insurance Coverage • Trace or Economic Sanctions Endorsement • Cap on Losses from Certified Acts of Terrorism • Service of Suit Endorsement • Signature Endorsement Exclusions including • Contract - for breach of any express, implied , actual or constructive contract, warranty , guarantee, or but not limited to : promise , including any actual or alleged liability assumed by an Insured , unless such liability would have attached to the Insured even in the absence of such contract, warranty, guarantee, or promise. However, this exclusion shall not apply to: a . an Insured 's contractual obligation to maintain the confidentiality or security of Protected Information; b . an unintentional violation by an Insured to comply with an Organization's Privacy Policy; c. solely with respect to Insuring Agreement E , Payment Card Loss; or d. solely with respect to Insuring Agreement F, misappropriation of idea under implied contract. • Intellectual Property - alleging , based upon., arising out of or attributable to any infringement of, violation of, misappropriation of, or assertion of any right to or interest in a patent or Trade Secret by any Insured . However, this exclusion shall not apply to : a. solely with respect to Insuring Agreements A-D , the actual or alleged theft of a third party's Trade Secret resulting from a Cyber Incident ; provided , however, this exclusion shall still nevertheless apply to any Costs , Damages or Claims Expenses on account of any Cyber Incident or Claim for the economic or market value of Trade Secrets ; or solely with respect to Insuring Agreement E , any Claim arising out of the actual or alleged disclosure or theft of Protected Information resulting from a Network Security Failure. • Unlawful Use or Collection of Protection Information as amended by General Enhancement Endorsement • Conduct Exclusion (with amendment) • Prior Knowledge • Pending or Prior Proceedings • Bodily Injury, Property Damage • Pollution • Infrastructure Outage • War, Nuclear • Fees or Chargebacks (with exception) • Antitrust or Unfair Trade Practices • Consumer Protection Laws • Discrimination or Employment Practices • Unsolicited Communications • Force Majeure • Governmental Authority • Insured V Insured (Agreements E and F) 27 ©2020 Arthur J. Gallagher & Co. All rights reserved. � Gallagher'. Gallagher Colorado Counties Casualty and Property Pool ** CORE 360 b► r Enterprise Risk Management Pool Program for Members Claims Made Policy (Continued ) Extended Reporting • 100% of Annual Premium Additional 12 Months Period : 1 . Solely with respect to Insuring Agreements A, E, and F, if the Insurer terminates or does not renew this Policy (other than for failure to pay a premium when due), or if the Named Insured terminates or does not renew this Policy and does not obtain replacement coverage as of the effective date of such termination or nonrenewal, the Named Insured shall have the right, upon payment of the additional premium shown in Item 7A of the Declarations and subject to the terms specified in Subsections B-E directly below, to a continuation of the coverage granted by this Policy for an Extended Reporting Period shown in Item 7B of the Declarations following the effective date of such termination or non-renewal . 2 . Coverage for the Extended Reporting Period shall be only for Claims first made or Incidents first discovered during such Extended Reporting Period and arising from Incidents taking place prior to the effective date of such termination or non-renewal . This right to continue coverage shall lapse unless written notice of such election is given by the Named Insured to the Insurer, and the Insurer receives payment of the additional premium shown in Item 7A of the Declarations, within thirty (30) days following the effective date of termination or non-renewal . 3. The Extended Reporting Period is non-cancelable and the entire premium for the Extended Reporting Period shall be deemed fully earned and non-refundable upon payment. 4. The Extended Reporting Period shall not increase or reinstate any Limits of Insurance . The Limits of Insurance as shown in Item 3 and Item 4 of the Declarations shall apply to both the Policy Period and the Extended Reporting Period, combined . 5. A change in Policy terms, conditions, exclusions or premiums shall not be considered a non-renewal for purposes of triggering the rights to the Extended Reporting Period . Notice : Notice : A. Urgent crisis management assistance by the Cyber Incident Response Coach is available at the hotline number shown in the Declarations. Use of the services of the Cyber Incident Response Coach for a consultation DOES NOT constitute notice under this Policy of a Cyber Incident or Claim . In order to provide notice under this Policy, such notice must be given in accordance with and is subject to Subsections B-D of this Section VIII . B . An Insured shall , as a condition precedent to such Insured's rights under this Policy, give to the Insurer written notice of any Incident or Claim as soon as practicable after any Control Group Member discovers such Incident or becomes aware of such Claim, but in no event later than: 1 . if this Policy expires (or is otherwise terminated) without being renewed with the Insurer, ninety (90) days after the effective date of such expiration or termination ; or 2 . the expiration of the Extended Reporting Period , if applicable, provided that if the Insurer sends written notice to the Named Insured, stating that this Policy is being terminated for nonpayment of premium , an Insured shall give to the Insurer written notice of such Claim prior to the effective date of such termination . C . If, during the Policy Period , any Control Group Member first becomes aware of any specific Incident which may reasonably give rise to a future Claim under this Policy, and written notice is given to the Insurer during the Policy Period , of the : 1 . nature of the Incident; 2 . identity of the Insureds allegedly involved; 3 . circumstances by which the Insureds first became aware of the Incident; 4 . identity of the actual or potential claimants ; 5 . foreseeable consequences of the Incident; and 6 . nature of the potential Damages ; then any Claim which arises out of such Incident shall be deemed to have been first made at the time such written notice was received by the Insurer. The Insurer will not pay for Damages or Claims Expenses incurred prior to the time such Incident results in a Claim .\ D . All notices under any provision of this Policy shall be given as follows : 1 . Notice to the Insureds may be given to the Named Insured at the address shown in Item 1 of the Declarations . 2 . Notice to the Insurer of any Incident or Claim shall be given to the Insurer at the physical address or email address shown in Item 9A of the Declarations. 3 . All other notices to the Insurer under this Policy shall be given to the Insurer at the physical address shown in Item 9B of the Declarations . Notice given as set out above shall be deemed to be received and effective upon actual receipt thereof by the addressee, or one day following the date such notice is sent, whichever is earlier. When any such notices are sent to a physical address , such notices shall be sent by prepaid express courier or certified mail properly 28 � ©2020 Arthur J. Gallagher & Co. All rights reserved. Gji- Gallagher Gallagher Colorado Counties Casualty and Property Pool ** CORE 360 b r Enterprise Risk Management Pool Program for Members Claims Made Policy (Continued ) Claims Reporting: Where/How to Report a Claim: If you need urgent crisis management or legal advice, contact : Cyber Incident Response Coach Hotline at: 1 -800-817-2665 or cyberalert@chubb . com Notice Incident, Claim, or Potential Claim as set for in Section VIII, Subsection C By Mail : Director of Claims Chubb P. O . BOX 5105 Scranton , PA 18505-0518 Fax Number: 877-201 -8787 By Email : aceclaimsfirstnotice[ chubb .com Chubb cyber policyholders can download the Cyber AlertSM app from the Apple Store for iOS devices and the Android Store for Android devices. After downloading the application , you can enroll via the Cyber AlertSM app . Once enrollment is complete, commercial cyber policyholders can report a cyber incident by clicking the Report Incident button . All Other Notices to the Insurer: Chief Underwriting Officer Chubb — Financial Lines Attn : Chief Underwriting Officer 1133 Avenue of the Americas , 32nd Floor New York, NY 10036 Also Report Claim to : Arthur J Gallagher Risk Management Services 6300 S. Syracuse Way, Ste 700 Centennial , CO 800111 Contact: Kendall Trump , Vice President Claims Phone : 303 . 889.2570 Fax : 303 . 773 . 9776 Main Claims Email : scclaims(a'q. com 29 ©2020 Arthur J. Gallagher & Co. All rights reserved. Gallagher Hello