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HomeMy WebLinkAbout000328.tiff �r SOMPO Placed by : „ INTERNATIONAL NATION Risk Placement Services , Inc . EnduranceAmerican Specialty Insurance Company (Wilmington, Delaware) This Declarations Page together with forms and endorsements, if any complete the below numbered POLICY. Policy No. IMU10012212602 Renewal of: IMU10012212601 INLAND MARINE DECLARATIONS PAGE NAMED INSURED AND ADDRESS: PRODUCERS NAME AND ADDRESS: Colorado Counties Casualty and Property Pool Risk Placement Services — RPS —. Chicago Property do County Technical Services, Inc. 525 west Van Buren Street, Suite 1325 800 Grant Street, Ste 400 Chicago, IL 60607 Denver, CO 80203 POLICY PERIOD: Inception : 01 -01 -2020 Expiration: 01 -01 -2021 12 : 01 a.m . Standard Time at the address of the Insured shown above Notice to Named Insured : It is important that the written portion of all policies covering the same exposure read exactly alike. If they do not, they should be made uniform at once. 1. DESCRIPTION OF COVERAGES: EXCESS VEHICLE PHYSICAL DAMAGE — OVER THE ROAD ONLY 2. LOCATION (S) OR EXPOSURES COVERED : Per the Coverage Territory (TI = $87318,000) 3 . LIMIT OF LIABILITY: $4,000,000 excess $1 , 000,000 per occurrence $4,000,000 excess $1,000,000 in the Annual Aggregate as respects Earthquake. $4,000,000 excess $1 ,000,000 per occurrence, except in the Annual Aggregate as respects Flood as stated below. $4,000,000 excess $1 ,000,000 in the Annual Aggregate as respects Flood. The Company provides the limits shown above as applying on the basis of $4,000, 000 excess $1,000,000 in turn excess of any applicable deductible(s) or self-insured retention contained in the underlying policies with respect to each and every loss or occurrence caused by or resulting from a covered peril. 4. DEDUCTIBLE AMOUNT(S): Per underlying form - $ 150,000 per occurrence 5. TOTAL PREMIUM: $51 ,343 MINIMUM EARNED PREMIUM: $25,000 6. TAXES / FEES APPLICABLE: State Fees: Producer Responsibility Stamping Fees: Producer Responsibility Inspection Fee: Not Applicable Modeling Fee: Not Applicable 7. MORTGAGE OR LOSS PAYABLE CLAUSE : On file with broker Loss if any should be payable to: On file with broker 0. SUBJECT TO FORMS AND ENDORSEMENTS SCHEDULE ECP 0101 ATTACHED. Nothing herein contained shall be held to vary, alter, waive or extend any ofell4i5rmsaceefitions, provisions, agreements or limitations of the above mentioned Policy, other than as above stated. . Biel tall -free # 1 (844 )777-8323 or visit our RPSCH P/SC/2020 . 05.26 • ' ebsite : https ;//my. rpsins .comiclaimsfnol Contact Insurer directly (see policy section) Endurance American Specialty Insurance Company IM 0001 10 14 SOMPO M INTERNATIONAL I' TION EnduranceAmerican Specialty Insurance Company (Wilmington, Delaware) Any terms used in this Declarations Page that are defined in the attached policy form shall have the same meaning as in that policy form. yr /71 .: ., i' a of r e a �. t, .16#-Thase .r"' ail - _ Issuance Date: May 5, 2020 = � Authorized Representative Issuing Office: Chicago, Illinois NOTE - SEE ENCLOSED NOTICE FOR SURPLUS LINES NOTIFICATION Endurance American Specialty Insurance Company IM 0001 10 14 la ) S0MPO WC INTERNATJONAL Endurance American Specialty Insurance Company 750 3rd Avenue New York, NY 10017 IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by its President and Senior Vice President and countersigned where required by law on the Declarations page by its duly authorized representative . . .. - .'dish. ..;.r '1. 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Senior Vice President President Endurance American Specialty Insurance Company IL 1008 0114 FORMS AND EN ORSEMENT SCHEDULE It is agreed the following forms and endorse gents are attached to and arc a part of this policy: FORM NUMBER FORM NAME 1 SN 9007 09 14 CO Surplus Lines Notice 2 PN 0001 07 12 Policyholder Notice 3 PN 0007 07 14 Claim Notice 4 IM 0 001 10 14 Inland Marine Declarations Page 5 5 IL 1008 01 14 Signature Page 6 ECP 0101 05 08 Forms and Endorsement Schedule 7 ECP 0103 05 08 Schedule of Primary Policy(ies) Endorsement 8 ECP 0223 05 12 Following Form Excess Policy 9 ECP 1001 06 06 General Change Endorsement 10 ECP 1307 05 12 Service of Suit Endorsement 11 CL 0700 10 06 Virus or Bacteria Exclusion 12 IL 1313 01 15 Disclosure Pursuant to Terrorism Risk Insurance Act — Rejection of Offer 13 IL 1205 01 15 Exclusion of Certified Acts of Terrorism 14 15 16 17 Endurance American Specialty Insurance Company ECP 0101 0508 SCHEDULE OF PRIMARY POLICY (1ES ) ENDORSEMENT Company Policy Number Policy Type of Limits of Period Coverage Insurance Westchester Surplus Lines Insurance D38095432 003 01 -01 -2020 Builders' 100,000,000 Company to Risk 01 -01 -2021 Endurance American Specialty Insurance Company ECP 0103 0508 Endurance American Specialty insurance Company FOLLOWiNG FORM EXCESS POLICY 1. INSURING AGREEMENT The insurance provided by this policy will follow form and be subject to the same terms . id conditions as the "primary policy" listed in the SCHEDULE OF PRIMARY POLICY (IES) ENDORSEMENT, except for the premium, the limits of liability, and to the extent that the terms, conditions , provisions, definitions, endorsements and exclusions of this policy differ from the "primary policy" . In the event of conflict between this policy and the "primary policy", the terms, conditions, provisions, definitions, and exclusions of this policy shall control . 2. EXCESS AND EXHAUSTION OF UNDERLYING LIMITS It is agreed that liability and any obligation under this policy shall attach to the "Company" only after the limits of the "underlying policies" (including any deductible(s) or self insured retention) have been exhausted or have been held liable to pay in full . The "Company" shall then be liable to pay only such additional amounts in excess of the limits of liability of the "underlying policies" and in no event shall such payments exceed the limit of liability or annual aggregate( s) as provided by this policy, and stated on the Declarations Page under Item 3 . In the event of exhaustion of the limits of liability provided by the "underlying policies", this policy shall continue to pay for "loss" or damage as provided by the "underlying policies.", subject to the deductible(s) or self-insured retention contained in the "primary policy", but only to the extent such "loss" is covered under this policy, and in no event shall such payments exceed the limit of liability or annual aggregate(s) as provided by this policy. The limit of liability of this policy does not apply to or include any sub -limited coverages in the "underlying policies", however, the sub-limits in the "underlying policies" will erode the limits of liability of the "underlying policies", unless otherwise stated in any endorsements attached to this policy . 3. UNCOLLECTIBLE INSURANCE In the event that the limits of liability of any "underlying policies" or other insurance are uncollectible, this policy will not drop down or replace such uncollectible limits of liability . This policy shall apply as if the "underlying policies " or other insurance are in force and their limits of liability are collectible. The risk of uncollectibility (in whole and in part) of any other insurance or "underlying policies" is expressly retained by the insured and shall not in any way or under any circumstances become insured or assumed by the "Company". Endurance American Specialty Insurance Company ECP 0223 0512 Page 1of8 4. MAINTENANCE OF PRIMARY INSURANCE The insured must comply with the following conditions precedent to maintain coverage under this policy : A. The "underlying policies" that arc in effect at the inception date of this policy must be maintained in full effect during the term of this policy. B. Immediate notice of any replacement, amendments, or changes to the terms, conditions, limits of liability and/or premium for the "underlying policies" shall be made to the "Company' s" authorized representatives by the insured . Failure to comply with the above conditions precedent, in whole or in part, will negate the following form nature of this coverage, and this policy will then apply in the same manner as if the original "primary policy" in effect at the time the policy incepted remained in full effect. This policy will apply as though the a limits of liability and terms and conditions of the "underlying policies" in effect at the inception of the policy remain in effect and the insured shall bear all liability resulting from any such decrease in limits of liability or coverage. 5. EXCLUSIONS All "loss" or damage caused by or resulting directly or indirectly from any of the following is excluded . Such "loss" or damage is excluded regardless of �. y other cause or event that contributes directly, indirectly, concurrently, proximately, remotely, or in any sequence to the "loss" or damage . A. Any "loss" or damage, demand, claim, "occurrence ", event, or suit arising out of or in any way related to : 1 . Asbestos, asbestos-related dust, or asbestos containing material; 2. Fungus , mildew, mold, spores, mycotoxins , bacteria, viruses, microorganisms, wet or dry rot, or by-products produced or released by any of the foregoing ; 3. Lead, lead-related dust, or lead containing material; or 4. "Pollution"; including any cost or expense arising out of or in any way related to testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, or neutralizing. The "Company" shall have no duty of any kind with respect to any such "loss " , demand, claim, "occurrence", event, or suit; Endurance American Specialty Insurance Company ECP 0223 0512 Page 2 of B. Any "loss" or damage, demand, claim, `` occurrence", event, or suit arising out of or in any way related to : 1 . Hostile or warlike action in time of peace or war, including action in hindering, combating, or defending against an actual, impending, or expected attack by any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval, or air forces; or by military, naval, or air forces; or by an agent of any such government, power, authority, or forces ; any weapon employing ato tic fission or radioactive force whether in time of peace or war; civil war, insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, co ' bating, or defending against such an "occurrence"; confiscation, nationalization, requisition, seizure, quarantine , or destruction by Customs regulations, order of any government, local authority, or public authority; or risks of contraband, illegal transportation, or trade; 2. Any terrorist act, including but not limited to an act of terrorism, or preparation in respect of action or threat of action, designed to influence the government de jure or de facto of any nation or political division thereof, or in pursuit of political, religious , ideological, social, or economic objectives or similar purposes to intimidate the public or a section of the public of any nation by any person or group(s) of persons whether alone or on behalf of or in connection with any organization(s) or gove I ment(s) de jure or de facto, and which involves violence against one or more persons; or involves damage to property; or en, . I gcrs life other than that of the person committing the action; or creates a risk to health or safety of the public or a section of the public; or 3. Any controlled, uncontrolled, or naturally occurring situation or incident whether direct or indirect, proximate or remote, or in whole or in part, concurrently caused by, contributed to, or aggravated by the involvement, threat, actual use, presence, release, or escape of biological, chemical, nuclear reaction or nuclear radiation, or radioactive materials or any contamination resulting from any of these materials . 6. CANCELLATION This policy may be cancelled by the insured by mailing to the "Company" written notice stating when thereafter suchcancellation shall be effective . The effective date of the cancellation will be the date the written notice is received by the "Company" or the date specified in the written notice, whichever is later. This policy may be cancelled by the "Company" by mailing to the insured at the address shown in this policy, or at the last known address, written notice stating when not less than sixty (60) days thereafter such cancellation shall be effective, subject to the applicable state law governing Notice of Cancellation procedures ; however, cancellation due to non-payment of premium shall require ten ( 10) days written notice of cancellation. If this policy is cancelled, the "Company" will send the first Named Insured any premium refund due . If the "Company" cancels, the refund will be pro rata. If the insured cancels, the refund may be less than pro rata. The mailing of notice as aforementioned shall be sufficient proof of notice and the effective date of cancellation stated in the notice shall become the end of the policy period . Delivery of such written notice either by the insured or by the "Company" shall be equivalent to mailing. Endurance American Specialty Insurance Company ECP 0223 0512 Page 3 of8 7. MINIMUM EARNED PREMIUM In the event of cancellation of this policy by the insured or for non-payment of premium, a minimum earned premium of 25% of the annual premium shall become payable by the insured. 8. TERRITORY ITORY This policy covers "losses" occurring anywhere within the fifty states of the United States of America and the District of Coll •bia. 9. NOTICE E F LOSS If the insured or its designated representative(s) becomes aware of any "loss", damage, or "occurrence" likely to give rise to aclaim against this policy, the insured shall as soon as practicable, promptly report in writing or in any of the following ways, to: Endurance U.S . Insurance - Claims, 750 Third Avenue, 18th Floor, New York, NY 10017 or Email addressed to: eciairns@enhinsurance . com, every "loss", damage, or "occurrence" which may give rise to a claim under this policy. Failure by the insured to promptly report the said "loss", damage, or "occurrence" as soon as practicable shall invalidate any claim under this policy. E-mail is the preferred method of receiving claim notice information, but any of the above methods of notification will generate an acknowledgement of receipt of claim with a claim nu iber and all of the claim adjusters ' contact information. 10. PROTECTION OF PR • PERTY AFTER LOSS In case of `loss" or damage, this policy covers the reasonable and necessary costs incurred to temporarily protect or preserve property or interest covered. 11 . PROOF OF LOSS The insured shall file with the "Company", within ninety (90) days from the request of the "Company", a complete and signed sworn proof of loss. Failure by the insured to file such sworn proof of loss within the time frame specified shall invalidate any claim under this policy. 12. EXAMINATION UNDER OATH The insured, as often as may be reasonably required, shall permit the " Company" or any person designated by the "Company" to inspect the property or interest covered and exhibit all that remains of any property or interest, and shall submit, and in so far as it is within his or their power cause his or their employees, designated representatives, members of the household, and others to submit to examination under oath by any person named by the "Company"; and, as often as may be reasonably required, shall produce for examination, books, records, accounts, and documents, whether in written or electronic format, at such reasonable time and place as may be designated by the "Company" or its representative, and shall pc it extracts and copies thereof to be made . No such inspections or examinations under oath, or examinations of books, records, or documents, nor any other act of the "Company" or any of its employees or representatives in connection with the investigation of any "loss" or claim hereunder, shall be deemed a waiver of any defense which the "Company" might otherwise have with respect to any "loss" or claim, but all such inspections, examinations and acts shall be deemed to have been made or done without prejudice to the "Company' s" liability. Endurance American Specialty Insurance Company ECP 0223 0512 Page 4 of 8 Co Tpliance with this provision is a condition precedent to coverage, and the failure by the insured to comply with this provision is a material breach and will result in a loss of coverage. 13. SETTLEMENT OF LOSS All adjusted claims shall be paid within sixty (60) days after presentation and acceptance of a satisfactory proof of interest and loss at the office of the "Company". No "loss" shall be paid hereunder if the insured has collected the same fro ® others . 14. NO BENEFIT TO BAILEE No person or organization, other than the insured, having custody of property or interest covered will benefit from this policy. 15. SUBROGATION In the event of any payment under this policy the "Company" shall be subrogated to all the insured' s rights of recovery thereof against any person or organization and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights . The insured must cooperate in any subrogation proceedings and shall do nothing aver a "loss" to prejudice such rights . This insurance shall not apply if the insured' s right to recovery against third parties responsible for the "loss" or damage is released, except under the following specific circumstances only: A. If made before the "loss" or damage has occurred, such waiver may be in favor of any third party. B. If made after the "loss" or damage has occurred, such agreement Ray run only in favor of a third party falling within one of the following categories at the time of "loss": 1. A third party insured under this policy; or 2. A corporation, firm, or entity: a. owned or controlled by the insured or in which the insured owns capital stock or other proprietary interest; or b. owning orcontrolling the insured or owning or controlling capital stock or other proprietary interest in the insured. In the event of any "loss" or damage to the property or interest covered hereunder, the insured shall immediately make claim in writing against the person(s), organization(s), carrier(s), bailee(s), or others involved. Endurance American Specialty Insurance Company ECP 0223 0512 Page 5 of 8 16. SALVAGE OR .RECOVERIES Any salvage, subrogation, or other recoveries and payments recovered or received under this policy shall be applied to reduce the total "loss" as if recovered or received prior to the loss settlement. Any amounts found to be due either party from the other shall be paid promptly. The expense of all proceedings necessary to such recoveries shall be apportioned amongst the benefited interests concerned in the ratio of their respective recoveries as finally settled. 17. ABANDONMENT There shall be no abandonment to the "Company" of any property. 18. RIGHT TO ADJUST WITH OWNER In the event of "loss" or damage to property of others held by the insured for which a claim is made upon. the "Comp . y", the right to adjust such "loss" or damage with the owner or owners of the property is reserved to the "Company", and the receipt of a release from such owner or owners in satisfaction thereof shall be in full satisfaction of any claim of the insured for which such payment has been made. If legal proceedings are taken to enforce a claim against the insured as respects any such "loss" or damage, the "Company" reserves the right at its option without expense to the insured, to conduct . . d control the defense on behalf of and in the name of the insured. No action of the "Company" in such regard shall increase the liability of the "Company" under this policy, nor increase the limits of liability specified in the policy . 19. COMPANY ' S OPTIONS The "Company" shall have the option to take all, or any part, of the property at the agreed or appraised value, or to repair, rebuild, or replace the property destroyed or damaged, with other of like kind and quality within a reasonable time, on giving notice of its intentions to do so within sixty ( 6 0) days after the receipt of the proof of loss herein required. 20. APPRAISAL If the insured and the "Company" fail to agree as to the value of the property or the amount of "loss", each shall, on the written demand of either, made within sixty (60) days after receipt of proof of loss by the "Company", select a competent and disinterested appraiser, and the appraisal shall be made at a reasonable time and place. The appraisers shall first select a competent and disinterested umpire, and failing for fifteen ( 15) days to agree upon such umpire , at the request of the insured or the "Company", such umpire shall be selected by a judge of a court having jurisdiction in the state in which such appraisal is pending. The appraisers shall then appraise the "loss", stating separately the value of the property at the tine of "loss " and amount of "loss", and failing to agree shall submit their differences to the umpire. An award in writing of any two shall determine the amount of "loss". The insured and the "Company" shall each pay his or its chosen appraiser and shall bear equally the other expenses of the appraisal and umpire . The "Company" shall not be held to have waived any of its rights by any act relating to appraisal. Endurance American Specialty Insurance Company ECP 0223 0512 Page 6 of 8 21 . ASSISTANCE AND COOPERATION OF THE INSURED The insured shall have the duty to cooperate with the "Company" in the investigation or settlement of any claim. The insured shall cooperate with the "Company", and, upon the "Company' s" request, shall attend hearings . i d trials and shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses, and in the conduct of suits. The insured shall not, except at his own cost, voluntarily make payment, assume any obligation, or incur any expense without the written consent of the "Company". 22. MISREPRESENTATION AND FRAUD This policy shall be void if the insured has concealed or misrepresented any material fact or circumstance concerning this insurance or the subject thereof or in case of any fraud, attempted fraud, or false swearing by the insured regarding any matter relating to this insurance or the subject thereof, whether before or after a "loss". 23 RECORDS AND INVENTORY The insured shall keep accurate books, records, and accounts in the following manner: A detailed and itemized inventory record of all property covered hereunder shall be maintained and physical inventory shall be taken periodically at intervals not more than twelve ( 12) months apart. 24. EXAMINATION OF RECORDS The insured shall, as often as may be reasonably required during the term of this policy and for three (3 ) years thereafter, produce for examination by the "Company" or its duly authorized representative, all the books, records , inventories, accounts, and documents, whether in written or electronic format, relating to the property or interest covered hereunder. 25. CHAN E S Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or to stop the "Company" from asserting any right under the terms of this policy, nor shall the terms of this policy be waived or changed, except by written endorsement issued to form a part of this policy. 26. AGENT No person shall be deemed an agent of the "Company" unless specifically authorized in writing by the "Company". 27. ASSIGNMENT This policy shall be void if assigned or transferred without the written consent of the "Company". Endurance American Specialty Insurance Company ECP 0223 0512 Page 7 of 8 28. SUIT AGAINST COMPANY o suit, action, or proceeding for the recovery of any claim under this policy shall be sustainable in any court of law or equity unless there has been full compliance with all of the terms and conditions of this policy and the suit, action, or proceeding is commenced within twelve (12) i oaths after the date on which the physical "loss" or damage occurred which gives rise to a claim; provided, however, that if by the laws of the state within which this policy is issued, such li ! station of time is invalid, then any such claims shall be void unless such action, suit, or proceeding be commenced within the shortest limit of time permitted by the laws of such state. 29. RE ST TMENT OF LIMITS CLAUSE Any loss hereunder shall not reduce the limits of this policy except for any perils that are written on an annual aggregate basis. 30. DEFINITIONS Whenever used in this policy or any endorsement attached to this policy, the following words have these meanings when they appear in quotation marks: A. "Company" shall mean Endurance American Specialty Insurance Company. B. "Loss" or "losses" shall mean all damages sustained by the insured caused by the perils covered by this policy after making deduction for all salvages, recoveries, and other applicable insurance. C . " Occurrence" shall mean any one "loss ", disaster, or casualty or series of "losses", disasters, or casualties arising out of one event. I . "Pollution" shall mean any solid, liquid, gaseous, or thermal irritant or contaminant, including, but not limited to, smoke, vapor, soot, fumes , acids, alkalis, chemicals, and waste material. Waste material includes materials that are intended to be or have been recycled, reconditioned, or reclaimed. E . "Primary policy" shall mean that policy which this policy follows form to, as more specifically described in the SCHEDULE OF PRIMARY POLICY(IES) ENDORSEMENT. F. " Underlying policy" shall mean all insurance policies, including the "primary policy" that provide coverage for the same perils insured herein and that attach at a layer below the attachment point of this policy, including all applicable deductibles and self- insured retentions . 31 . C • NFOR_t IITY TO STATUTE OR LAW Terms of this policy, which are in conflict with the statutes or laws of the jurisdiction in which the property or interest covered is located, are amended to conform to such statutes. Endurance American Specialty Insurance Company ECP 0223 0512 Page 8 of8 GENERAL CHANGE ENDORSEMENT Named Colorado Counties Casualty and Property Pool Insured: Policy No. : IMU10012212602 2 Endorsement Effective Date: 01-01-2020 Issued By: Endurance American Specialty Insurance Company Endorsement No . : NA THIS ENDORSEMENT CHANGES THIS POLICY. PLEASE READ IT CAREFULLY. With regards to coverage provided under this policy, the DESCRIPTION OF COVERAGES on the INLAND MARINE DECLARATION PAGE only applies to Property Insurance, Agreement C — Vehicle Physical amage of the primary Colorado Counties Casualty and Property Pool Policy. This endorsement modifies insurance provided under the FOLLOWING FORM EXCESS POLICY ECP 0223 05 12 . The following changes are made to the Coverage form. A. 5 . EXCLUSIONS A. 4. "Pollution" is deleted . B . 6 . CANCELLATION is deleted and replaced by the following . 6. CANCELLATION This policy may be cancelled by the insured by mailing to the " Company" written notice stating when thereafter such cancellation shall be effective. The effective date of the cancellation will be the date the written notice is received by the "Company" or the date specified in the written notice, whichever is later. This policy may be cancelled by the "Company" by mailing to the insured at the address shown in this policy, or at the last known address, written notice stating when not less than ninety (90) days thereafter such cancellation shall be effective, subject to the applicable state law governing Notice of Cancellation procedures; however, cancellation due to non-payment of premium shall require ten ( 10) days written notice of cancellation. If this policy is cancelled, the "Company" will send the first Named Insured any premium refund due. If the "Company" cancels, the refund will be Endurance American Specialty Insurance Company ECP 1001 0606 pro rata. If the insured cancels, the refund may be less than pro rata. The mailing of notice as aforementioned shall be sufficient proof of notice and the effective date of cancellation stated in the notice shall become the end of the policy period . Delivery of such written notice either by the insured or by the "Company" shall be equivalent to mailing. Endurance American Specialty Insurance Company ECP 1001 0606 C. 9 . NOTICE OF LOSS and 11 . PROOF OF LOSS are deleted and replaced by the following. 9. NOTICE OF LOSS The insured through County Technical Services, Inc. Claims Management Department shall as soon as practicable report to this Company or its agent every loss or damage which may become a claim under this Policy and shall also file with the Company or its agents within ninety (90) days from date of loss a detailed sworn proof of loss. Failure by the insured or County Technical Services, Inc. to report the said loss or damage and to file such proof of loss as hereinbefore provided shall not invalidate any claim under this policy for such loss. D. 30 . DEFINITIONS . "Occurrence" is deleted and replaced with the following. C . "Occurrence" means all covered loss , damage, or a sequence of losses or damage, casualties or disasters , arising from a single event or catastrophe. So far as loss involving in whole or in part, the perils of wind, (including hurricanes , tornadoes, cyclones ), snow, rain, or hail is concerned a single event shall mean one single atmospheric disturbance during a continuous period of seventy two (72 ) hours ( not limited by the date on which coverage under this policy ceases ) . Nothing herein contained shall vary, alter, waive, or extend any of the terms, representations, p lons, conditions or agreements of the policy other than as above stated. -f ___,_ ___.--yeer ir _____„9.7" r Authorized Representative Endurance American Specialty Insurance Company ECP 1001 0606 SERVICE OF SUIT ENDORSEMENT THIS ENDORSEMENT CHANGES THIS POLICY. PLEASE READ IT CAREFULLY. In the event of failure of the "Company" to pay any amount claimed to be due under the terms of this policy, the "Company" , at the request of the Insured, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of the "Company' s" rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to aUnited States District Court, or to seek a transfer of a case to another court as permitted by the laws of theUnited States or of any state in theUnited States. In any suit instituted against the "Company" upon this policy, the Company will abide by the final decision of such court or of any appellate court in the event of appeal. It is further agreed that service of process in such suit may be made upon the Senior Vice President Claims, 750 Third Avenue, 18th Floor, New York, NY 10017. Further, pursuant to any statute of any state, territory, or district of the United States which Rakes provision therefore , the "Company" designates the Superintendent, Commissioner or Director of Insurance, or other officer specified for that purpose in the statute, as its true and lawful attorney upon whom service may be made of any lawful process in any action, suit, or proceeding instituted by or on behalf of the Insured or any beneficiary hereunder arising out of this policy of insurance and hereby designates the above named Senior Vice President Claims as the person to whom the said officer is authorized to mail such process or a true copy thereof. All other terms and conditions of this policy shall remain unchanged. Endurance American Specialty Insurance Company ECP 1307 0512 AAIS This endorsement changes CL 0700 10 06 the policy Page 1 of 1 -- PLEASE READ THIS CAREFULLY -- VIRUS OR BACTERIA EXCLUSION This exclusion applies to , but is not limited DEFINITIONS to, any loss, cost, or expense as a result of: a. any contamination by any virus, Definitions Amended -- bacterium , or other microorganism ; or When "fungus" is a defined "term ", the definition b. any denial of access to property of "fungus" is amended to delete reference to a because of any virus , bacterium , or bacterium . other microorganism . When "fungus or related perils" is a defined . Superseded Exclusions -- The Virus or "term" , the definition of "fungus or related perils" Bacteria exclusion set forth by this endorsement supersedes the "terms" of any is amended to delete reference to a bacterium . other exclusions referring to "pollutants" or to contamination with respect to any loss , cost, or expense caused by, resulting from , or relating to any virus , bacterium , or other PERILS EXCLUDED microorganism that causes disease, illness , or physical distress or that is capable of causing disease , illness , or physical The additional exclusion set forth below applies distress . to all coverages , coverage extensions , supplemental coverages , optional coverages , and endorsements that are provided by the policy to which this endorsement is attached , OTHER CONDITIONS including , but not limited to , those that provide coverage for property, earnings , extra expense , or interruption by civil authority. Other Terms Remain in Effect -- 1 . The following exclusion is added under The "terms" of this endorsement, whether or not Perils Excluded , item 1 . : applicable to any loss , cost, or expense, cannot Virus or Bacteria -- be construed to provide coverage for a loss , cost, or expense that would otherwise be "We" do not pay for loss , cost, or expense excluded under the policy to which this caused by, resulting from , or relating to any endorsement is attached . virus , bacterium , or other microorganism that causes disease , illness , or physical distress or that is capable of causing CL 0700 10 06 disease , illness , or physical distress . Copyright, American Association of Insurance Services, Inc., 2006 ENDORSEMENT Named Insured : Colorado Counties Casualty and Policy Number: IMU10012212602 Property Pool Endorsement Endorsement N/A Effective Date: 01-01 -2020 Number: 12:01 AM Standard Time at the address of the Named Insured as shown in the Declarations. DISCLOSURE PURSUANT TOTERR0RISM RISK INSURANCE ACT - REJECTION OF OFFER THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. It is agreed that: THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. A. Rejection of Offer You have rejected the offer of terrorism coverage for Acts of Terrorism that are certified under the Terrorism Risk Insurance Act as reauthorized and amended{ as an Act of Terrorism . An exclusion of terrorism losses has been made a part of this policy. B. Disclosure of Federal Participation in Payment of Terrorism Losses The United States government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program . The federal share equals 85% in 2015 and decreases its share 1% each calendar year to a total of 80% in 2020 of that portion of the amount of such insured losses that exceeds the applicable insurer retention . You have rejected this offer of coverage. diressis jAkti Authorized Representative This endorsement does not change any other provision of the Policy. The title and any headings in this endorsement are solely for convenience and do not affect its meaning. Includes copyrighted material of Insurance Services Office, Inc. with its permission . Date of Issuance: March 24, 2020 Policy Form : ECP 0223 05 12 Endurance American Specialty Insurance Company Page 1 of 1 Endorsement Form: IL 1313 0115 ENDORSEMENT Named Insured: Colorado Counties Casualty and Policy Number: IMU10012212602 Property Pool Endorsement Endorsement Effective Date: 01-01-2020 Number: N/A (12:01 AM Standard Time at the address of the Named Insured as shown in the Declarations) EXCLUSION OF CERTIFIED ACTS OF TERRORISM THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. It is agreed that: A. The following exclusion is added : This insurance does not apply to : TERRORISM "Any injury or damage " arising, directly or indirectly, out of a "certified act of terrorism" . B . The following definitions are added : 1 . For the purposes of this endorsement, " any injury or damage " means any injury or damage covered under any Policy or "underlying insurance" to which this endorsement is applicable, and includes but is not limited to " bodily injury", " property damage", " personal and advertising injury", "injury" or "environmental damage " as may be defined in any applicable Policy or "underlying insurance" . 2 . "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 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and b. 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 . Date of Issuance: March 24, 2020 Policy Form : ECP 0223 05 12 Endurance American Specialty Insurance Company Page 1 of 2 Endorsement Form: IL 1205 0115 ENDORSEMENT ..-- "Cr el I ril rte' a °` _- Y I e si - le r� i =—Vr — t s 7 It"' -:1 Authorized Representative This endorsement does not change any other provision of the Policy. The title and any headings in this endorsement are solely for convenience and do not affect its meaning. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Date of Issuance: March 24, 2020 Policy Form : ECP 0223 05 12 Endurance American Specialty Insurance Company Page 2 of 2 Endorsement Form: IL 1205 0115 SURPLUS LINES NOTICE COLORADO THIS CONTRACT IS DELIVERED AS SURPLUS LINE COVERAGE UNDER THE NONADMITTED INSURANCE ACT. THE INSURER ISSUING THIS CONTRACT IS NOT LICENSED IN COLORADO BUT IS AN APPROVED NONADMITTED INSURER . THERE IS NO PROTECTION UNDER THE PROVISIONS OF THE COLORADO GUARANTY ASSOCIATION ACT. Endurance American Specialty Insurance Company 1 of 1 SN 9007 0914 CO POLICYHOLDER NOTICE U . S. TREASURY DEPARTMENT' S OFFICE OF FOREIGN ASSETS CONTROL ( OFAC) No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of " national emergency" . OFAC has identified and listed numerous : • Foreign agents; • Front organizations; Terrorists; • Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons" . This list can be located on the United States Treasury' s website — http//www .treas .gov/ofac . In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U .S . sanctions law or is a specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC . When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. Endurance American Specialty Insurance Company 1 of 1 RAJ 00010712 POLICYHOLDER NOTICE CLAIM NOTICE In the event of claim to which this policy may apply, please give immediate notice in either of the following ways, to : Endurance J . S . Insurance - Claims 750 Third Avenue, 18th Floor, New York, NY 10017 E-Mail addressed to : Insuranceclairns@sompo-inti .com Toll Free Reporting: 877-676-7575 E-mail is the preferred method of receiving claim notice information, but either of the above methods of notification will generate an acknowledgement of receipt of claim with a claim number and all of the claim adjusters/ contact information . Endurance American Specialty Insurance Company Page 1 of 1 PICT 0007 0215 Hello