HomeMy WebLinkAbout000331.tiff * * * *
* PMA COMPANIES
* *
* * * 380 Sentry Parkway, P. O. Box 3031 , Blue Bell, PA 19422-0754 T: 888 .476 . 2669
PUBLIC ENTITY
EXCESS LIABILITY POLICY
www. pmacompanies .com (44*, OLD REPUBLIC INSURANCE GROUP
Pennsylvania Manufacturers ' Association Insurance Company, A Stock Insurance Company
3itt ft hereof, the COMPANY has caused this policy to be signed by its President, or a Vice
President and Secretary, at Blue Bell , PA .
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John Santulli III , President Stephen L . Kibblehouse , Secretary
CPJ OP 11 11
PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY
380 Sentry Parkway , Blue Bell , PA 19422
PUBLIC ENTITY EXCESS LIABILITY
COMMON POLICY DECLARATIONS
It is unlawful to knowingly► provide false, incomplete , or misleading facts or information to an
insurance company for the purpose of defrauding or attempting to defraud the company.
Penalties may include imprisonment, fines, denial of insurance and civil damages . Any insurance
company or agent of an insurance company who knowingly provides false , incomplete, or
misleading facts or information to a policyholder or claimant for the purpose of defrauding or
attempting to defraud the policyholder or claimant with regard to a settlement or award payable
from insurance proceeds shall be reported to the Colorado Division of Insurance within the
Department of Regulatory Agencies .
NAMED INSURED : Colorado Counties Casualty and Property Pool
clo County Technical Services , Inc.
MAILING ADDRESS : 800 Grant Street, Suite 400
Denver, CO 80203
BROKER OF RECORD : Karen Graham
MAILING ADDRESS : Arthur J . Gallagher & Co
6300 South Syracuse Way, Suite 700
Centennial , CO 80111
POLICY PERIOD : FROM : 01 /01 /2021 TO : 0110112022
12 :01 am standard time at the mailing address of the first named insured .
PREMIUM : $ 3 , 430 , 000 annual , minimum and deposit. Coverage applies only when a
limit is shown in the Limits of Insurance schedule .
In return for the payment of the premium , and subject to all the terms of
this policy , we agree with you to provide the insurance as stated in this
policy .
POLICY NUMBER : 822100 0951483
CLAIMS ADMINISTRATOR: County Technical Services , Inc.
MAILING ADDRESS : 800 Grant Street, Suite 400
Denver, CO 80203
CAPP PEL DS 01 20 Page 1 of 2
PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY
FORMS AND ENDORSEMENTS ATTACHING TO THIS POLICY
FORM NUMBER FORM NAME
CAPP PEL DS 01 20 Public Entity Excess Liability Common Policy Declarations
CAPP PEL DEC 01 -2018 Public Entity Excess Liability Limits of Insurance Schedule
CAPP PEL FORM 01 -2018 Public Entity Excess Liability Policy
CAPP PEL 99 09 01 20 Schedule of Participating Member Counties
CAPP PEL 99 10 01 20 Additional Insured — Designated Person or Organization
CAPP PEL 99 11 01 20 Retroactive Dates Amendment
CAPP PEL 99 12 01 20 Exclusion of Certified Acts of Terrorism and Exclusion of Other
Terrorist Acts
CAPP PEL 99 13 12 20 Communicable Disease Exclusion
CAPP PEL DS 01 20 Page2of2
POLICY NUMBER : 822100 0951483
PUBLIC ENTITY EXCESS LIABILITY
LIMITS of INSURANCE SCHEDULE
Coverage Limits of Insurance
AUTOMOBILE LIABILITY $ 10, 000, 000 Each Occurrence
AUTOMOBILE MEDICAL PAYMENTS $ 10, 000*
PERSONAL INJURY AND PROPERTY DAMAGE $ 10, 000, 000 Each Occurrence
PREMISES MEDICAL PAYMENTS $ 10, 000*
SEWER BACK-UP SUB-LIMIT $ 1 , 000 , 000 Each Occurrence
PERSONAL INJURY AND PROPERTY DAMAGE $ 10, 000, 000 Aggregate Any One Policy Period ,
Per Member
PRODUCTS AND COMPLETED OPERATIONS $ 10, 000, 000 Aggregate Any One Policy Period ,
Per Member
PUBLIC OFFICIALS ERRORS & OMISSIONS LIABILITY $ 10 , 000 , 000 Each Wrongful Act
PUBLIC OFFICIALS ERRORS & OMISSIONS LIABILITY $ 10 , 000 , 000 Aggregate Any One Policy Period ,
Per Member
EMPLOYEE BENEFIT ADMINISTRATION $ 10 , 000 , 000 Each Wrongful Act
EMPLOYEE BENEFIT ADMINISTRATION $ 10 , 000 , 000 Aggregate Any One Policy Period ,
Per Member
EXCESS AGGREGATE ANY ONE POLICY PERIOD $2 , 000 , 000 Aggregate Any One Policy Period ,
SELF-INSURED RETENTION All Members
* The Limits of Insurance above for AUTOMOBILE MEDICAL PAYMENTS and PREMISES MEDICAL PAYMENTS
are Self-Insured by the Colorado Counties Casualty and Property Pool .
Self-Insured Retention Coverage
ALL COVERAGES $250, 000 Each Occurrence or Wrongful Act
AGGREGATE ANY ONE POLICY PERIOD SELF- $6 , 000 ,000 Aggregate Any One Policy Period , All
INSURED RETENTION Members
The Self- Insured Retention above is inclusive of MEMBER retentions. The MEMBER retentions do not apply to the
Aggregate Any One Policy Period Self- Insured Retention .
Retroactive Date
ALL PARTICIPATING MEMBER COUNTIES, July 1 , 1986
EXCEPTIONS PER RETROACTIVE DATES
AMENDMENT
CAPP PEL DEC 01 -2018 Page 1 of 1
POLICY NUMBER : 822100 0951483
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 : 822100 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY
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 taxes 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 : 822100 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY
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
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 .
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;
2 . Products Liability and Completed Operations Liability;
3 . Public Officials Errors and Omissions Liability
4 . Employee Benefits Program Administration Liability Aggregate limits apply separately for each
Participating Member . Aggregate limits do not apply to Automobile Liability.
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POLICY NUMBER : 822100 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY
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.
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;
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POLICY NUMBER : 822100 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY
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:
a. Administrative duties performed by a medical doctor , psychologist , psychotherapist or nurse practitioner;
or
b. The handling or treatment of corpses , autopsies and other postmortem procedures performed by a medical
doctor;
in the scope of his or her duties.
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
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POLICY NUMBER : 822100 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY
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" ;
( 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 ;
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POLICY NUMBER : 822100 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY
(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;
(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
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POLICY NUMBER : 822100 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY
(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.
a 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. Lead
Any Claim arising out of the ingestion , inhalation , absorption or exposure to lead in any► form from any source .
9. Silica or Silica-Related Dust
Any Claim arising , in whole or in part, out of silica or silica- related dust. As used in this exclusion :
a. Silica means silicon dioxide (occurring in crystalline, amorphous and impure forms ) , silica particles , silica
dust or silica compounds .
b. Silica-related dust manes a mixture or combination of silica and other dust or particles .
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10 . Noise Pollution Liability
Any Claim arising out of noise pollution . Noise pollution means loud or irritating sounds .
11 . 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.
12 . ERISA
Any Claim arising out of the " Employee Retirement Income Security Act of 1974" and any law amendatory
thereof.
13 . Sexual Abuse
Any Claim for any individual Insured who personally commits , participates in , or assists in , any act of Sexual
Abuse.
However, defense will be afforded to such individual Insured as would otherwise be entitled until such time that
individual Insured :
a. Is judicially determined to have committed , participated in or assisted in any act of Sexual Abuse;
b. Admits in any context to having committed , participated in or assisted in any act of Sexual Abuse ; or
c . Has committed , participated in or assisted in any physical contact that is considered Sexual Abuse .
14 . 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 Insu red ; and
b. The Insured is not using the aircraft to carry persons or property for a charge.
15 . 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.
16 . 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.
17 . 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 .
18 . 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 .
19 . 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
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same or substantially similar facts , circumstances or allegations which are the subject of or the basis for such
demand , Suit , or other proceeding .
20 . Prior Occurrence of Wrongful Act
Any Claim arising out of an Occurrence or Wrongful Act which occurred prior to the Retroactive Date in the
Declarations .
21 . Advertising , Broadcasting , Publishing or Telecasting Operations
Any Claim arising out of a publication or utterance in advertising , publishing , broadcasting or telecasting 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 .
22 . 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 Liability 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 .
23 . Declaratory and 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 .
24 . 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.
25 . 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 non-compliance with contract deadlines .
26 . 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 .
27 . 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
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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.
28 . 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 .
29 . 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 .
30 . Nursing Homes and Assisted Living Facilities
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 .
31 . 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 .
32 . 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 .
33 . Personal Financial Gain
Any Claim arising out of an Insured obtaining financial gain to which the Insured is not legally entitled .
34 . Ski Facility
Any Claim arising out of the operation of any ski facility, including :
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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 . 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.
35 . 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.
36 . Rodeo Participants
Any Claim arising out of practice for, or participation in , rodeo events of any kind .
37 . 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 .
38 . Particular Authorities and Boards
Any Claim arising out of activities or operations of Housing Authorities , Port Authorities , School Boards or
Railroad Boards .
39 . Fines, Penalties , Punitive, Multiplied or Exemplary Damages
Any fines , penalties , punitive , multiplied or exemplary damages .
40 . Access or Disclosure of Confidential or Personal Information and Data-Related Liability
Any Claim arising out of any access to or disclosure of any person's or organization's confidential or personal
information , including patents , trade secrets, processing methods , customer lists, financial information , credit
care information , health information or any other type of nonpublic information . This exclusion applies even if
damages are Claims for notification costs , credit monitoring expenses , forensic expenses, public relations
expenses or any other loss , cost or expense incurred by you or others arising out of any access to or disclosure
of any person's or organization 's confidential or personal information .
41 . Automobile Liability — Uninsured and Underinsured Motorist Exclusion
In addition to exclusions 1 . through 40. 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.
42 . Public Officials Errors and Omissions Liability Exclusions
In addition to exclusions 1 . through 40. 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 .
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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 :
( 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.
43 . Employee Benefits Program Administration Liability — Personal Injury and Property Damage Exclusion
In addition to exclusions 1 . through 40. 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 by any Insured to someone other than an Insured under this policy who sustains Bodily
Injury caused by an Occurrence during the policy period while in , upon , getting in , on , out or off 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" :
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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 :
( 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 ) ;
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 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 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 reasonable and customary fees , costs and expenses , including attorney ' s fees and
expenses , incurred in defending any Claim to which this insurance applies . Defense Costs includes the
reasonable and customary 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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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 SECTION V — PERSONS OR ENTITIES INSURED .
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:
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;
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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 entity's goods , products , property or services ;
f. Piracy and infringement of copyright or of written or intellectual property ;
g. A publication or utterance that violates a person's right of privacy ;
h. Assault and battery , not committed by or at the direction of, or with the consent of an Insured . However,
this limitation does not apply:
( 1 ) If committed or directed for the purpose of protecting persons from injury or death , or damage; or
(2) To liability arising out of corporal punishment; or
i . Improper or erroneous service of civil papers .
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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 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 . "Sexual Abuse" means any actual , attempted or alleged sexual misconduct of a person by another person or
persons acting in concert, whether consensual or not, regardless if criminal charges or proceedings are brought,
which cause physical and/or mental injuries . Sexual Abuse includes actual , attempted or alleged sexual
molestation , sexual assault, sexual exploitation or sexual injury . Sexual Abuse does not include sexual
harassment.
28 . "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.
29 . "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 .
Contains copyrighted material of Insurance Services Office , Inc . with its permission .
CAPP PEL FORM 01 -2018 Page 17 of 21
POLICY NUMBER : 822100 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY
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:
Old Republic Specialty Insurance Underwriters
790 Township Line Road , Suite 230
Yardley , PA 19067
Attn : Claims Department
Email : claims@orsiu. com
Phone : 215-860-4960
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CAPP PEL FORM 01 -2018 Page 18 of 21
POLICY NUMBER : 822100 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY
Additionally , the Insured shall provide a claims report to the Company, within ten ( 10 ) days after the end
of each calendar quarter , of all open and closed Claims submitted pertaining to this policy or Self-Insured
Retention and which shall contain the following information :
Claimant, claim number, date of loss, description of loss , loss paid , Defense Costs paid , loss remaining
reserve , Defense Costs remaining reserve, claim status and policy period aggregate Self-Insured
Retention reconciliation .
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
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CAPPPELFORM 01 -2018 Page19of21
POLICY NUMBER : 822100 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY
(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.
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
Contains copyrighted material of Insurance Services Office , Inc . with its permission .
CAPP PEL FORM 01 -2018 Page 20 of 21
POLICY NUMBER : 822100 0951483 PUBLIC ENTITY EXCESS LIABILITY POLICY
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 .
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 .
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.
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 . Examination of your Books and Records
The Company may examine and audit your books and records as they relate to this policy at any time during
the policy period and up to three years afterwards . There is no time limit to examination and audit of your books
and records as they relate to a loss or Claim involving this policy.
15 . 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 .
16 . 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 .
Contains copyrighted material of Insurance Services Office , Inc . with its permission .
CAPP PEL FORM 01 -2018 Page 21 of 21
POLICY NUMBER: 822100 0951483 CAPP PEL 99 09 01 20
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SCHEDULE OF PARTICIPATING MEMBER COUNTIES
This endorsement modifies the insurance provided under the following :
PUBLIC ENTITY EXCESS LIABILITY POLICY
The following Colorado Counties Casualty and Property Pool Participating Member Counties are included
as Insureds .
SCHEDULE
Alamosa Lake
Archuleta Las Animas
Baca Lincoln
Bent Logan
Chaffee Mineral
Cheyenne Moffat
•
Clear Creek Montrose
Conejos Morgan
Costilla Otero
Crowley Ouray
Custer Park
Delta Phillips
Dolores Prowers
Elbert Rio Blanco
Fremont Rio Grande
Garfield Routt
Gilpin Saguache
Grand San Juan
Gunnison San Miguel
Hinsdale Sedgwick
Huerfano Summit
Jackson Teller
Kiowa Washington
Kit Carson Weld
La Plata Yuma
Except as amended in the endorsement, this insurance is subject to all coverages , terms and conditions in
the policy to which this endorsement is attached.
CAPP PEL 99 09 01 20 PMA Companies , 2020 Page 1 of 1
POLICY NUMBER : 822100 0951483 CAPP PEL 99 10 01 20
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
SCHEDULE
Designated Person(s) or Organization ( s) :
Blanket, as required by Certificates of Insurance
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 .
Except as amended in the endorsement, this insurance is subject to all coverages , terms and conditions
in the policy to which this endorsement is attached .
CAPP PEL 99 10 01 20 PMA Companies , 2020 Page 1 of 1
POLICY NUMBER : 822100 0951483 CAPP PEL 99 11 01 20
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RETROACTIVE DATES AMENDMENT
This endorsement modifies the insurance provided under the following :
PUBLIC ENTITY EXCESS LIABILITY POLICY
The Retroactive Date shown on PUBLIC ENTITY EXCESS LIABILITY LIMITS OF INSURANCE
SCHEDULE is amended as follows :
SCHEDULE
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 Gaunt January 1 , 1997
y This retroactive date applies only to Law Enforcement Operations .
The Retroactive Date for all Participating Member Counties is July 1 , 1986 unless a county is listed with a
different retroactive date in the Schedule above .
Except as amended in the endorsement , this insurance is subject to all coverages , terms and conditions
in the policy to which this endorsement is attached .
CAPP PEL 99 11 01 20 PMA Companies , 2020 Page 1 of 1
POLICY NUMBER: 822100 0951483 CAPP PEL 99 12 01 20
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCLUSION OF CERTIFIED ACTS OF TERRORISM
AND EXCLUSION OF OTHER TERRORIST ACTS
This endorsement modifies the insurance provided under the following :
PUBLIC ENTITY EXCESS LIABILITY POLICY
This insurance does not apply to:
1 . All injury, loss , damage, cost or expense , caused by, resulting from , arising out of or related to, either
directly or indirectly, any TERRORIST ACTIVITY as defined herein . This exclusion applies regardless
of any other cause or event that in any way contributes concurrently► or in any sequence to the injury ,
loss, damage , cost or expense.
A. Definitions for this exclusion :
1 ) TERRORIST ACTIVITY shall mean any deliberate , unlawful act that:
a . Is declared by any authorized governmental official (s ) to be or to involve terrorism ,
terrorism activity or acts of terrorism ; or
b . Includes, involves or is associated with the use or threatened use of force, violence or
harm against any person , tangible or intangible property, the environment or any natural
resources , where the act or threatened act is intended in whole or in part, to:
i . Promote or further any political , ideological , philosophical , social , ethnic, racial or
religious cause or objective of the perpetrator or any organization, association or
group affiliated with the perpetrator;
ii . Disrupt , influence , or interfere with any government related operations , activities or
policies ;
iii . Frighten , coerce or intimidate the general public or any segment of the general
public ; or
iv . Disrupt or interfere with a national economy or any segment of a national economy .
c . Includes , involves or is associated with , in whole or in part, any of the following activities ,
or the threat thereof:
i . Sabotage or hijacking of any form of transportation or conveyance , including but not
limited to aircraft , train , vessel , motor vehicle , spacecraft or satellite ;
ii . The use of biological , chemical , radioactive or nuclear agent , material , device or
weapon ;
iii . Hostage taking or kidnapping;
iv . The seizure , blockage, interference with , disruption of, or damage to tunnels , roads ,
streets, highways , or other places of public transportation or conveyance ;
v . The use of any incendiary device, bomb, firearm or explosive ;
vi . The injury or assassination of any elected or appointed government official or any
government employee;
vii . The interference with or disruption of basic public or commercial services and
systems ; including but not limited to electricity, natural gas , power, postal ,
communications , telecommunications, information , public transportation , water,
fuel , sewer or waste disposal ; or
CAPP PEL 99 12 01 20 PMA Companies , 2020 Page 1 of 2
POLICY NUMBER: 822100 0951483
viii . The seizure , blockage, interference with , disruption of or damage to any
government buildings , functions , tangible or intangible property, institutions , events
or other assets .
d . Any of the activities listed in Section 1 . A. c. above shall be considered TERRORIST
ACTIVITY, except where the insured can conclusively demonstrate to us that the
foregoing activities or threats thereof were motivated solely by personal objectives of the
perpetrator and unrelated , in whole or in part, to any intention to:
i . Promote or further any political , ideological , philosophical , racial , ethnic , social or
religious cause or objective ;
ii . Influence , disrupt or interfere with any government related operations , activities or
policies ;
iii . Disrupt or interfere with a national economy or any segments of a national
economy ; or
iv . Frighten , coerce or intimidate the general public or any segment of the general
public .
2. All injury, loss , damage, cost or expense , caused by, resulting from , arising out of or related to, either
directly or indirectly , a CERTIFIED ACT OF TERRORISM as defined in the Terrorism Risk Insurance
Act of 2002 , as amended by the Terrorism Risk Insurance Program Reauthorization Act of 2015
( hereinafter called the ACT ) .
A. Definitions for this exclusion :
1 ) CERTIFIED ACT OF TERRORISM means any act that is certified by the Secretary of the
Treasury of the United States , in accordance with the provisions of the federal Terrorism Risk
Insurance Act to :
a. Be an act of terrorism pursuant to such act;
b. Be a violent act or an act that is dangerous to human life, property or infrastructure ;
c . Have resulted in damage within the United States or outside of the United States in the
case of:
i . An air carrier (as defined in 49 U . S . C . § 40102) or vessel based principally in the
United States , on which income tax is paid and whose insurance coverage is
subject to regulation in the United States ; or
ii . The premises of a United States mission ;
d . Have been 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 ; and
e. Have 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.
3. The terms and limitations of this or any terrorism exclusion , or the inapplicability or omission of this or
any terrorism exclusion , do not serve to create coverage for any loss which would otherwise be
excluded under this policy, such as losses excluded by a Nuclear Hazard Exclusion or a War
Exclusion .
Except as amended in this endorsement, this insurance is subject to all coverages , terms , and conditions
in the policy to which this endorsement is attached .
CAPP PEL 99 12 01 20 PMA Companies , 2020 Page 2 of 2
POLICY NUMBER: 822100 0951483 CAPP PEL 99 13 12 20
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMUNICABLE DISEASE EXCLUSION
This endorsement modifies the insurance provided under the following :
PUBLIC ENTITY EXCESS LIABILITY POLICY
The following is added to the SECTION VI - EXCLUSIONS :
44 . Communicable Disease Exclusion
Any loss , occurrence , accident, claim or suit arising out of or resulting from the potential , actual or
alleged transmission or contraction of any communicable disease
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in
the :
A. Supervising , hiring , employing , training or monitoring of others that may be infected with and spread a
communicable disease ;
B . Testing for a communicable disease ;
C . Failure to prevent the spread of the disease; or
D . Failure to report the disease to authorities .
Except as amended in the endorsement, this insurance is subject to all coverages , terms and conditions in
the policy to which this endorsement is attached.
CAPP PEL 99 13 12 20 PMA Companies, 2020 Page 1 of 1
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