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HomeMy WebLinkAbout000326.tiff CTS Scnine Gaocatlo't Comm: Colorado Counties Casualty and Property Pool 2020 Excess Liability Policy Old Republic Policy No . 822400 0951483 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) 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 ** CORE 360 Excess Public Entity Liability Claims Made Form Carrier: Pennsylvania Manufacturers' Association Insurance Company Policy Period : January 1 , 2020 to January 1 , 2021 Limits : Amounts Coverages $ 10 , 000 , 000 Auto Liability, Each Occurrence $ 10 , 000 Auto Medical Payments . Each Person (via Endorsement) $ 10 , 000 , 000 Personal Injury, Property Damage (Includes Law Enforcement and EMTs) $ 10 , 000 Premises Medial Payments, Each Person (via Endorsement) 1 , 000 , 000 Sewer Backup $ Included Wage Damages (front/back pay) $ 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 Aggregate Loss Fund Protection : $ 2 , 000 , 000 Self Insured Retention (SIR): Amounts 250 , 000 Each Occurrence or Wrongful Act (includes Defense Costs) - CAPP SIR is eroded by those PMC's that have SIRs within CAPP's SIR $ 6 , 000 , 000 Annual Aggregate Retention Any One Policy Period: This is the total amount the Named Insureds are responsible for, including Defense Costs, for all retained amounts in any one policy year. Aggregate Retention 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: • Aggregate Retention is not eroded by the first $75 , 000 of loss and loss expense for Summit County and Montrose County • Aggregate Retention is not eroded by the first $100 , 000 of loss and loss expense for La Plata County and Gunnison County • Aggregate Retention is not eroded by the first $125 , 000 of loss and loss expense for Eagle , Pueblo , Weld , and Garfield Counties • Aggregate Retention is also not eroded by the loss and loss expense for $ 10 , 000 ETR deductible losses 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 17 ©2020 Arthur J. Gallagher & Co. All rights reserved. J Gallagher O. Gallagher Colorado Counties Casualty and Property Pool •.• C E 360 Excess Public Entity Liability ( 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 /2018) • Indemnification Basis • Claims- Made Coverage Form Terms/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 • Defense Costs Definition Amended • Additional Insured endorsement — Designated Person or Organization Blanket Coverage Territory: • United States of America (including its territories and possessions), Puerto Rico • 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 18 ©2020 Arthur J. Gallagher & Co. All rights reserved. Efi, Gallagher O. Gallagher Colorado Counties Casualty and Property Pool •.• C E 360 Excess Public Entity Liability ( Claims Made Form Exclusions Include but are • Terrorism (if rejected) not Limited to : • Sexual Abuse—will not provide coverage to any individual 'Insured who personally commits , participates in , or assists in any act of Sexual Abuse as defined . Without limiting the foregoing, we will afford the defense to which such individual Insured would be otherwise entitled until such time as : 1 ) that individual Insured is judicially determined to have committed , participated in or assisted in any act of Sexual Abuse; or 2) that individual Insured admits in any context to having committed , participated in or assisted in any act of Sexual Abuse; or 3) that individual Insured committed , participated in or assisted in any act of Sexual Abuse involving intentional physical contact. (Sexual Abuse Definition added to the policy • 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) • Lead • Silica or Silica-Related Dust Minimum Earned Premium : • 25% Audit Terms : • Non-Auditable General Conditions : • CTSI shall provide a claims report to the Company within ten days after the end of each calendar quarter of all open and closed claims submitted pertaining to the Self- Insured Retention . It shall contain the following information : Claimant, claim number, date of loss, description of loss, loss paid , expense paid, loss remaining reserve , expense remaining reserve and claim status 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 burns. (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 . 19 ©2020 Arthur J. Gallagher & Co. All rights reserved. Gallagher Gallagher Colorado Counties Casualty and Property Pool ** CORE 360 Excess Public Entity Liability ( Claims Made Form Claims Reporting Claims are to be reported to: Instructions Old Republic Specialty Insurance Underwriters Arthur J . Gallagher RMS (continued) : 790 Township Line Road , Ste 230 Att: Kendall Trump , Vice President Claims Yardley, PA 19067 6300 S. Syracuse Way, Suite 700 Att: Claim Department Centennial , CO 80111 Claims e-mail : scclai rnsa'q. corn Claims e-mail : claims(rorsiu.com Claims Voice Mail : 303-889-2570 Phone : 215-860-4960 Claims Fax Number: 303-773-9776 20 ©2020 Arthur J. Gallagher & Co. All rights reserved. '' Gallagher Hello