HomeMy WebLinkAbout000339.tiff Underwritten by:Scottsdale Indemnity Company
Home Office:One Nationwide Plaza•Columbus,Ohio 43215
Administrative Office:8877 North Gainey Center Drive•Scottsdale,Arizona 85258
1-800-423-7675•A Stock Company
BUSINESS AND MANAGEMENT INDEMNITY POLICY
NON-PROFIT ORGANIZATIONS DECLARATIONS
THE LIABILITY COVERAGE SECTIONS OF THIS POLICY,OTHER THAN GENERAL LIABILITY,WHICHEVER ARE
APPLICABLE,COVER ONLY CLAIMS FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD OR,IF
ELECTED,THE DISCOVERY PERIOD AND REPORTED TO THE INSURER PURSUANT TO THE TERMS OF THE RELEVANT
COVERAGE SECTION.
THE LIMITS OF LIABILITY AVAILABLE TO PAY INSURED LOSS SHALL NOT BE REDUCED BY AMOUNTS INCURRED FOR
COSTS,CHARGES AND EXPENSES.AMOUNTS INCURRED FOR COSTS,CHARGES AND EXPENSES AND LOSS SHALL
ALSO BE APPLIED AGAINST THE RETENTION AMOUNTS.
TERMS THAT APPEAR IN BOLDFACE TYPE HAVE SPECIAL MEANING.PLEASE REFER TO THE APPROPRIATE
DEFINITIONS SECTIONS OF THIS POLICY.
Item 1.Parent Weld County Housing Authority Policy No.: EKI3439109
Organization PO Box 758,1150 O Street Agent No.: 29406
&Mailing Greeley,CO 80632 Renewal No.: EKI3391024
Address Agent Name E-Risk Services,LLC
&Mailing Northwest Professional Center
Address: 227 US Hwy 206
Suite 302
Flanders,NJ 07836-9174
Principal Address,if different from mailing address:
Item 2.Policy Period:From 08/01/2022 to 08/01/2023
12:01 A.M.local time at Principal Address shown above.
Item 3.Coverage Section(s)and Limit of Liability
Insured Person and Organization Coverage Section
1.Limit of Liability$1,000,000 maximum aggregate for this Coverage Section
2.Retention:
a.$0 each Claim as respects Insured Persons
b.$5,000 each Claim as respects the Organization
3.Continuity Date:Date Of Incorporation
Item 4.Premium: $2,675
Item 5.Discovery Period options:
1. One(1)year= 30% of the premium
2. Two(2)years= 125% of the premium
3. Three(3)years= 150% of the premium
As provided in Section H.of the General Terms and Conditions,only one of the above Discovery Period options may be
elected and purchased.
Item 6.Run-Off Period:
1. One(1)year= 100% of the premium
2. Two(2)years= 125% of the premium
3. Three(3)years= 150% of the premium
4. Four(4)years= 165% of the premium
5. Five(5)years= 185% of the premium
6. Six(6)years= 200% of the premium
As provided in Section I.of the General Terms and Conditions,only one of the above Run-Off Period options may be
elected and purchased.
Item 7.Forms and Endorsements Effective at Inception of Policy:
EKI-D-8(2-18),HLPIPO(1-18),NOTI0347CO(04/08),EKI-342CO(04/09),EKI-326(04/08),EKI-P-8(04/08),EKI-99
EKI-D-8(2-18) RPSEXE/SC/2022.07.27 Page 1 of 2
(04/08),EKI-804(01/09),EKI-1588(2-15),EKI-1638(1-16),EKI-888(12/09),EKI-803(01/09),EKI-255(08/09),EKI-
1143(11/12),EKI-267(04/08),EKI-1109(6-12),EKI-805(01/09),EKI-261(04/09),EKI-2130(1-19),EKI-814(05/09),
EKI-930(02/11),EKI-806(01/09),EKI-351(1-15),EKI-807(04/09),EKI-269(5-18),EKI-1539(02/14),EKI-104
(04/08),EKI-256(04/08),EKI-355(06/08),EKI-238(04/08),EKI-121(04/08),EKI-921(11/10),EKI-124(04/08),EKI-
830(05/09),EKI-110(04/08),EKI-848(05/09),EKI-802(01/09),NOTI0603CW(12/20)
Item 8.Notices to Company:
Notice of Claims to: Other Notices:
Nationwide Managagement Liability&Specialty Nationwide Managagement Liability&Specialty
Attention:Claims Manager Attention:Claims Manager
7 World Trade Center,37th Floor 7 World Trade Center,37th Floor
250 Greenwich Street 250 Greenwich Street
New York,NY 10007-0033 New York,NY 10007-0033
misreportaloss@nationwide.com misreportaloss@nationwide.com
These Declarations,together with the Application,Coverage Sections,General Terms and Conditions,and any written
endorsement(s)attached thereto,shall constitute the contract between the Insured and the Insurer.
EKI-D-8(2-18) Page 2 of 2
Nationwide"
Underwritten by:Scottsdale Indemnity Company
Home Office:One Nationwide Plaza•Columbus,Ohio 43215
Administrative Office:8877 North Gainey Center Drive•Scottsdale,Arizona 85258
1-800-423-7675•A Stock Company
In Witness Whereof,the Company has caused this policy to be executed and attested.
&(( 7,Lv
Secretary President
The information contained herein replaces any similar information contained elsewhere in the policy.
UTI—00VPG(01/16) Page 1 of 1
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HLPIPO ( 1 - 18) Page 1 of 1
COLORADO POLICYHOLDER NOTICE
DISCLOSURE FORM CLAIMS-MADE POLICY
IMPORTANT NOTICE TO POLICYHOLDER-COLORADO
THIS DISCLOSURE FORM IS NOT YOUR POLICY.IT DESCRIBES SOME OF THE MAJOR FEATURES OF OUR
CLAIMS-MADE POLICY FORM.READ YOUR POLICY CAREFULLY TO DETERMINE RIGHTS,DUTIES,AND
WHAT IS AND IS NOT COVERED.ONLY THE PROVISIONS OF YOUR POLICY DETERMINE THE SCOPE OF
YOUR INSURANCE PROTECTION.
YOUR POLICY
Your Policy is a claims-made Policy.It provides coverage only for Wrongful Act(s)occurring after the Policy
Retroactive Date(if any)shown on your Policy and the incident is reported to the Insurer prior to the end of the
Policy Period.Upon termination of your claims-made Policy,a Discovery Period option is available from the
Insurer.
There is no difference in the kind of Wrongful Act(s)covered by occurrence or claims-made policies.Claims for
Wrongful Act(s)may be assigned to different Policy Periods,depending on which type of Policy you have.
A Claim under your claims-made Policy is any written notice received by an Insured that any person or entity
intends to hold the Insured responsible for a Wrongful Act,as that term is defined in the Policy.
Under most circumstances,a Claim is considered made when it is received and recorded by an Insured.
Sometimes,a Claim may be deemed made at an earlier time.This can happen when another Claim for the same
Wrongful Act has already been made,or when the Claim is received and recorded during an extended reporting
period.
PRINCIPAL BENEFITS
This Policy provides for directors,officers,and entity liability coverage,subject to the terms,conditions and
exclusions contained in your Policy,up to the maximum dollar limit specified in the Policy.
The principal benefits and coverages are explained in detail in your claims-made Policy.Please read it carefully and
consult your insurance producer about any questions you might have.
EXCEPTIONS,REDUCTIONS AND LIMITATIONS
Your claims-made Policy contains certain exceptions,reductions and limitations.Please read them carefully and
consult your insurance producer about any questions you might have.
RENEWALS AND EXTENDED REPORTING PERIODS
Your claims-made Policy has some unique features relating to renewal,extended reporting periods and coverage
for events with long periods of potential liability exposure.
If there is a Retroactive Date in your Policy,no event or occurrence prior to that date will be covered under the
Policy even if reported during the Policy Period.It is therefore important for you to be certain that there are no
gaps in your insurance coverage.These gaps can occur in several ways.Among the most common are:
1.If you switch from an occurrence Policy to a claims-made Policy,the Retroactive Date in your claims-
made Policy should be no later than the expiration date of the occurrence Policy.
2.When replacing a claims-made Policy with a claims-made Policy,you should consider the following:
a.The Retroactive Date in the replacement Policy should extend far enough back in time to cover any
events with long periods of liability exposure;or
b.If the Retroactive Date in the replacement Policy does not extend far enough back in time to cover
events with long periods of liability exposure,you should consider purchasing extended reporting
period coverage under the old claims-made Policy.
3.If you replace this claims-made Policy with an occurrence Policy,you may not have insurance coverage for
a claim arising during the Policy Period unless you have purchased an extended reporting period under the
claims-made Policy.Extended reporting period coverage must be offered to you by law for at least one year
after the expiration of the claims-made Policy at a premium not to exceed two hundred percent(200%)of
your last Policy's Premium.
CAREFULLY REVIEW YOUR POLICY REGARDING THE AVAILABLE EXTENDED REPORTING PERIOD
COVERAGE,INCLUDING THE LENGTH OF COVERAGE,THE PRICE AND THE TIME PERIOD DURING WHICH
YOU MUST PURCHASE OR ACCEPT ANY OFFER FOR EXTENDED REPORTING PERIOD COVERAGE.
NOTI0347CO(04/08) Page 1 of 1
Scottsdale Indemnity Company Endorsement
No.
1
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
AMENDATORY ENDORSEMENT-COLORADO
This endorsement modifies insurance provided under the following:
BUSINESS AND MANAGEMENT INDEMNITY POLICY-NON-PROFIT ORGANIZATIONS
GENERAL TERMS AND CONDITIONS
Under Section E.,CANCELLATION,the following are added:
a.The Insurer shall mail the notice of cancellation via first-class mail to the Parent Organization.
b.Increase Or Decease In Coverage Condition:
The Insurer will not increase the premium unilaterally or decrease the coverage benefits on renewal of this
Policy unless the Insurer mails through first-class mail written notice of the Insurers intention,including
the actual reason,to the Parent Organizations last mailing address known to the Insurer,at least forty-
five(45)days before the effective date.
Any decrease in coverage during the Policy term must be based on one or more of the following reasons:
1.non-payment of premium;
2.a false statement knowingly made by the Insureds on the Application for insurance;or
3.a substantial change in the exposure or risk other than that indicated in the Application and
underwritten as of the effective date of the Policy unless the Parent Organization has notified the
Insurer of the change and the Insurer accepts such change.
Section H.,Discovery Period,is replaced by:
Section H.Discovery Period
1.If this Policy or any Coverage Section is cancelled or is not renewed by the Insurer or if the Parent
Organization elects to cancel or not to renew this Policy or a Coverage Section,then the Parent
Organization shall have the right,upon payment of an additional premium calculated at that
percentage shown in Item 5.of the Declarations of the total premium for this Policy,or the total
premium for the cancelled or not renewed Coverage Section,whichever is applicable,to purchase an
extension of the coverage granted by this Policy or the applicable cancelled or not renewed Coverage
Section with respect to any Claim first made during the period of time set forth in Item 5.of the
Declarations after the effective date of such cancellation or,in the event of a refusal to renew,after
the Policy expiration date,but only with respect to any Wrongful Act committed before such date.
The Parent Organization shall have the right to elect only one of the Discovery Periods set forth in
Item 5.of the Declarations.
2.As a condition precedent to the right to purchase the Discovery Period set forth in Section H.1.
above,the total premium for the Policy must have been paid.Such right to purchase the Discovery
Period shall terminate unless written notice,together with full payment of the premium for the
Discovery Period,is received by Insurer within sixty(60)days after the effective date of
cancellation,or,in the event of a refusal to renew,within sixty(60)days after the Policy expiration
date.If such notice and premium payment is not so given to Insurer,there shall be no right to
purchase the Discovery Period.
EKI-342CO(04/09) Page 1 of 2
3.In the event of the purchase of the Discovery Period,the entire premium therefore shall be deemed
earned at the commencement of the Discovery Period.
4.The exercise of the Discovery Period shall not in any way increase or reinstate the limit of Insurers
liability under any Coverage Section.
The following Condition is added:
RIGHT TO CLAIM AND WRONGFUL ACT INFORMATION
a.The Insurer will provide the Parent Organization shown in the Declarations the following
information relating to this and any preceding Business And Management Indemnity Insurance claims-
made Policy the Insurer has issued to the Parent Organization during the previous three years:
i.a list or other record of each Wrongful Act not previously reported to any other Insurer,of
which the Insurer was notified in accordance with the NOTIFICATION section of the Policy.
The Insurer will include the date and brief description of the Wrongful Act if that information
was in the notice the Insurer received;and
ii.a summary by Policy Period,of payments made and amounts reserved,stated separately,
under any applicable annual Aggregate.
b.Amounts reserved are based on the Insurers judgment.They are subject to change and should not
be regarded as ultimate settlement values.
c.If the Insurer cancels or refuses to renew this Policy,the Insurer will provide such information no
later than thirty(30)days before the date of Policy termination.In other circumstances,the Insurer
will provide this information only if the Insurer receives a written request from the Parent
Organization within sixty(60)days after the end of the Policy Period.In this case,the Insurer will
provide this information within thirty(30)days of receipt of this request.
d.The Insurer compiles Claim and Wrongful Act information for the Insurers own business purposes
and exercise reasonable care in doing so.In providing this information to the Parent Organization,
the Insurer makes no representations or warranties to Insureds,Insurers,or others to whom this
information is furnished by or on behalf of any of the Parent Organization.Cancellation or non-
renewal will be effective even if the Insurer inadvertently provides inaccurate information.
All other terms and conditions of this Policy remain unchanged.
EKI-342CO(04/09) Page 2 of 2
Underwritten by Scottsdale Indemnity Company
A Stock Insurance Company,herein called the Insurer
BUSINESS AND MANAGEMENT INDEMNITY POLICY-NON-PROFIT
ORGANIZATIONS
GENERAL TERMS AND CONDITIONS
In consideration of the payment of premium,in reliance on the Application and subject to the Declarations,and
terms and conditions of this Policy,the Insurer and the Insureds agree as follows.
A.SEVERABILITY OF GENERAL TERMS AND CONDITIONS
These General Terms and Conditions apply to each and every Coverage Section of this Policy.The terms and
conditions of each Coverage Section apply only to that Coverage Section and shall not be construed to apply
to any other Coverage Section.
B.DEFINITIONS
Whenever used in this Policy,the terms that appear below in boldface type shall have the meanings set
forth in this Definitions subsection of the General Terms and Conditions.However,if a term also appears in
boldface type in a particular Coverage Section and is defined in that Coverage Section,that definition shall
apply for purposes of that particular Coverage Section.Terms that appear in boldface in the General Terms
and Conditions but are not defined in this Definitions subsection and are defined in other Coverage Sections
of the Policy shall have the meanings ascribed to them in those Coverage Sections.
1.Additional Insured Person Discovery Period means any time after the effective date the Parent
Organization cancels or elects to not renew the Policy which may be applicable pursuant to Section
J.below.
2.Application means all applications,including any attachments thereto,and all other information and
materials submitted by or on behalf of the Insureds to the Insurer in connection with the Insurer
underwriting this Policy or any policy of which this Policy is a renewal or replacement.All such
applications,attachments,information,materials and documents are deemed attached to and
incorporated into this Policy.
3.Discovery Period means one of the periods described in Item 5.of the Declarations which is elected
and purchased pursuant to Section H.below.
4.Domestic Partner means any natural person qualifying as a domestic partner under the provisions of
any applicable federal,state or local law or under the provisions of any formal program established by
the Organization.
5.Extended Period means the Discovery Period,Run-Off Period,or Additional Insured Person
Discovery Period,if such provision is applicable pursuant to Section J.or is elected and purchased
pursuant to Sections H.or I.,respectively,below.
6.Insurer means the insurance company providing this insurance.
7.Organization means:
a.the Parent Organization;and
b.any Subsidiary,
and includes any such organization as a debtor-in-possession or the bankruptcy estate of such entity
under United States bankruptcy law or an equivalent status under the law of any other jurisdiction.
8.Parent Organization means the entity first named in Item 1.of the Declarations.
9.Policy means,collectively,the Declarations,the Application,this policy form and any endorsements.
10.Policy Period means the period from the effective date and hour of the inception of this Policy to the
Policy expiration date and hour as set forth in Item 2.of the Declarations,or its earlier cancellation
date and hour,if any.
EKI-326(04/08) Page 1 of 5
11.Run-Off Period means one of the periods described in Item 6.of the Declarations,which is elected
and purchased pursuant to Section I.below.
12.Subsidiary means any entity of which more than fifty percent(50%)of the outstanding securities or
voting rights representing the present right to vote for the election of such entity's directors or
managers are owned or controlled by the Parent Organization,directly or indirectly,if such entity:
a.was so owned on or prior to the inception date of this Policy;or
b.becomes so owned after the inception date of this Policy.
13.Takeover means:
a.the acquisition by any person or entity of more than fifty percent(50%)of the voting rights of
the Parent Organization representing the present right to vote for the election of directors or
trustees;or
b.the merger or consolidation of the Parent Organization into another entity such that the
Parent Organization is not the surviving entity;
All definitions shall apply equally to the singular and plural forms of the respective words.
C.LIMITS OF LIABILITY AND RETENTIONS
1.The Limits of Liability and Retentions for each Coverage Section are separate Limits of Liability and
Retentions pertaining only to the Coverage Section for which they are shown.The application of a
Retention to Loss under one Coverage Section shall not reduce the Retention under any other
Coverage Section,and no reduction in the Limit of Liability applicable to one Coverage Section shall
reduce the Limit of Liability under any other Coverage Section.
2.In the event that any Claim is covered,in whole or in part,under more than one Coverage Section,
the total applicable Retention shall not exceed the single largest applicable Retention.The largest
applicable Retention shall apply only once to such Claim.
D.WARRANTY
It is warranted that the particulars and statements contained in the Application are the basis of this Policy
and are to be considered as incorporated into and constituting a part of this Policy and each Coverage
Section.
By acceptance of this Policy,the Insureds agree that:
1.the statements in the Application are their representations,that such representations shall be
deemed material to the acceptance of the risk or the hazard assumed by Insurer under this Policy,
and that this Policy and each Coverage Section are issued in reliance upon the truth of such
representations;and
2.in the event the Application,including materials submitted or required to be submitted therewith,
contains any misrepresentation or omission made with the intent to deceive,or contains any
misrepresentation or omission which materially affects either the acceptance of the risk or the hazard
assumed by Insurer under this Policy,this Policy,including each and all Coverage Sections,shall be
void ab initio with respect to any Insureds who had knowledge of such misrepresentation or
omission.
E.CANCELLATION
1.By acceptance of this Policy,the Insureds hereby confer to the Parent Organization the exclusive
power and authority to cancel this Policy on their behalf.The Parent Organization may cancel this
Policy in its entirety or any of the applicable Coverage Sections individually by surrender thereof to
the Insurer,or by mailing written notice to the Insurer stating when thereafter such cancellation
shall be effective.The mailing of such notice shall be sufficient notice and the effective date of
cancellation shall be the date the Insurer received such notice or any later date specified in the
notice,and such effective date shall become the end of the Policy or applicable Coverage Section.
Delivery of such written notice shall be equivalent to mailing.
2.This Policy may be cancelled by the Insurer only for nonpayment of premium,by mailing written
notice to the Parent Organization stating when such cancellation shall be effective,such date to be
not less than ten(10)days from the date of the written notice.The mailing of such notice shall be
sufficient notice and the effective date of cancellation stated in the notice shall become the end of the
EKI-326(04/08) Page 2 of 5
Policy Period.Delivery of such written notice by the Insurer shall be equivalent to mailing.If the
foregoing notice period is in conflict with any governing law or regulation,then the notice period shall
be deemed to be the minimum notice period permitted under the governing law or regulation.
3.If this Policy or any Coverage Section is cancelled,the Insurer shall retain the pro rata proportion of
the premium therefore.Payment or tender of any unearned premium by Insurer shall not be a
condition precedent to the effectiveness of cancellation.
F.ESTATES,LEGAL REPRESENTATIVES,AND SPOUSES
The estates,heirs,legal representatives,assigns,spouses and Domestic Partners of natural persons who
are Insureds shall be considered Insureds under this Policy;provided,however,coverage is afforded to
such estates,heirs,legal representatives,assigns,spouses and Domestic Partners only for a Claim arising
solely out of their status as such and,in the case of a spouse or Domestic Partner,where the Claim seeks
damages from marital community property,jointly held property or property transferred from the natural
person who is an Insured to the spouse or Domestic Partner.No coverage is provided for any Wrongful
Act of an estate,heir,legal representative,assign,spouse or Domestic Partner.All of the terms and
conditions of this Policy including,without limitation,the Retentions applicable to Loss incurred by natural
persons who are Insureds shall also apply to Loss incurred by such estates,heirs,legal representatives,
assigns,spouses and Domestic Partners.
G.AUTHORIZATION CLAUSE
By acceptance of this Policy,the Parent Organization agrees to act on behalf of all Insureds,and the
Insureds agree that the Parent Organization will act on their behalf,with respect to the giving of all
notices to Insurer,the receiving of notices from Insurer,the agreement to and acceptance of
endorsements,the payment of the premium and the receipt of any return premium.
H.DISCOVERY PERIOD
1.If this Policy or any Coverage Section is cancelled or is not renewed by the Insurer,for reasons
other than non-payment of premium or if the Parent Organization elects to cancel or not to renew
this Policy or a Coverage Section,then the Parent Organization shall have the right,upon payment
of an additional premium calculated at that percentage shown in Item 5.of the Declarations of the
total premium for this Policy,or the total premium for the cancelled or not renewed Coverage
Section,whichever is applicable,to purchase an extension of the coverage granted by this Policy or
the applicable cancelled or not renewed Coverage Section with respect to any Claim first made during
the period of time set forth in Item 5.of the Declarations after the effective date of such cancellation
or,in the event of a refusal to renew,after the Policy expiration date,but only with respect to any
Wrongful Act committed before such date.The Parent Organization shall have the right to elect
only one of the Discovery Periods set forth in Item 5.of the Declarations.
2.As a condition precedent to the right to purchase the Discovery Period set forth in subsection H.1.
above,the total premium for the Policy must have been paid.Such right to purchase the Discovery
Period shall terminate unless written notice,together with full payment of the premium for the
Discovery Period,is received by Insurer within thirty(30)days after the effective date of
cancellation,or,in the event of a refusal to renew,within thirty(30)days after the Policy expiration
date.If such notice and premium payment is not so given to Insurer,there shall be no right to
purchase the Discovery Period.
3.In the event of the purchase of the Discovery Period,the entire premium therefore shall be deemed
earned at the commencement of the Discovery Period.
4.The exercise of the Discovery Period shall not in any way increase or reinstate the limit of Insurer's
liability under any Coverage Section.
I.RUN-OFF COVERAGE
In the event of a Takeover:
1.The Parent Organization shall have the right,upon payment of an additional premium calculated at
the percentage of the total premium for this Policy set forth in Item 6.of the Declarations,to an
extension of the coverage granted by this Policy with respect to any Claim first made during the
Run-Off Period,as set forth in Item 6.of the Declarations,but only with respect to any Wrongful
Act committed before the effective date of the Takeover(herein defined as"Run-Off Coverage");
provided,however,such additional premium shall be reduced by the amount of the unearned premium
from the date of the Takeover or the date of notice of the election of the Run-Off Coverage,
whichever is later,through the expiration date set forth in Item 2.of the Declarations.
2.The Parent Organization shall have the right to elect only one of the periods designated in Item 6.
of the Declarations.The election must be made prior to the expiration of the Policy Period.The right
EKI-326(04/08) Page 3 of 5
to purchase a Run-Off Period shall terminate on the expiration of the Policy Period.
3.If a Run-Off Period is elected and purchased:
a.Section E.above,is deleted in its entirety and neither the Insureds nor the Insurer may
cancel this Policy or any Coverage Section thereof;
b.Section H.above,is deleted in its entirety;and
c.The exercise of the Run-Off Period shall not in any way increase or reinstate the limit of the
Insurer's liability under any Coverage Section.
J.ADDITIONAL INSURED PERSON DISCOVERY PERIOD
If the Parent Organization cancels or elects not to renew this Policy,including all of the applicable
Coverage Sections,then any Insured Person who was not actively serving in their capacity as an Insured
Person shall be entitled to an extension of the coverage granted by this Policy with respect to any Claim
first made during the Additional Insured Person Discovery Period,but only with respect to any
Wrongful Act committed before such Policy cancellation or non-renewal.
The extension of coverage during the Additional Insured Person Discovery Period shall not apply to the
Organization in any respect.The extension of coverage during the Additional Insured Person Discovery
Period shall not apply to any Insured Person if the Parent Organization has elected for the Discovery
Period or Run-off Period under Section H.or I.above.
K.ALTERNATIVE DISPUTE RESOLUTION
The Insureds and the Insurer shall submit any dispute or controversy arising out of or relating to this
Policy or the breach,termination or invalidity thereof to the alternative dispute resolution("ADR")process
described in this subsection.
Either an Insured or the Insurer may elect the type of ADR process discussed below;provided,however,
that the Insured shall have the right to reject the choice by the Insurer of the type of ADR process at any
time prior to its commencement,in which case the choice by the Insured of ADR process shall control.
There shall be two choices of ADR process:(1)non-binding mediation administered by any mediation facility
to which the Insurer and the Insured mutually agree,in which the Insured and the Insurer shall try in
good faith to settle the dispute by mediation in accordance with the then-prevailing com-mercial mediation
rules of the mediation facility;or(2)arbitration submitted to any arbitration facility to which the Insured
and the Insurer mutually agree,in which the arbitration panel shall consist of three disinterested
individuals.In either mediation or arbitration,the mediator or arbitrators shall have knowledge of the legal,
corporate management,and insurance issues relevant to the matters in dispute.In the event of arbitration,
the decision of the arbitrators shall be final and binding and provided to both parties,and the award of the
arbitrators shall not include attorneys'fees or other costs.In the event of mediation,either party shall have
the right to commence arbitration in accordance with this section;provided,however,that no such
arbitration shall be commenced until at least sixty(60)days after the date the mediation shall be deemed
concluded or terminated.In all events,each party shall share equally the expenses of the ADR process.
Either ADR process may be commenced in New York,New York or in the state indicated in Item 1.of the
Declarations as the principal address of the Parent Organization.The Parent Organization shall act on
behalf of each and every Insured in connection with any ADR process under this section.
L.TERRITORY
Coverage under this Policy shall extend to Wrongful Acts taking place or Claims made anywhere in the
world.
M.ASSISTANCE,COOPERATION AND SUBROGATION
The Insureds agree to provide Insurer with such information,assistance and cooperation as Insurer
reasonably may request,and they further agree that they shall not take any action which in any way
increases Insurer's exposure under this Policy.In the event of any payments under this Policy,Insurer
shall be subrogated to the extent of such payment to all of the Insureds'rights of recovery against any
person or entity.The Insureds shall execute all papers required and shall do everything that may be
necessary to secure and preserve such rights,including the execution of such documents as are necessary to
enable Insurer effectively to bring suit or otherwise pursue subrogation in the name of the Insureds,and
shall provide all other assistance and cooperation which Insurer may reasonably require.
N.ACTION AGAINST INSURER,ALTERATION AND ASSIGNMENT
Except as provided in Section J.above,Alternative Dispute Resolution,no action shall lie against Insurer
unless,as a condition precedent thereto,there shall have been compliance with all of the terms of this
Policy.No person or organization shall have any right under this Policy to join Insurer as a party to any
EKI-326(04/08) Page 4 of 5
action against the Insureds to determine their liability,nor shall Insurer be impleaded by the Insureds or
their legal representative.No change in,modification of,or assignment of interest under this Policy shall be
effective except when made by a written endorsement to this Policy which is signed by an authorized
representative of the Insurer.
0.ENTIRE AGREEMENT
By acceptance of this Policy,the Insureds agree that this Policy embodies all agreements existing
between them and Insurer or any of their agents relating to this insurance.Notice to any agent or
knowledge possessed by any agent or other person acting on behalf of Insurer shall not effect a waiver or a
change in any part of this Policy or estop Insurer from asserting any right under the terms of this Policy or
otherwise,nor shall the terms be deemed waived or changed except by written endorsement or rider issued
by Insurer to form part of this Policy.
EKI-326(04/08) Page 5 of 5
Underwritten by Scottsdale Indemnity Company
A Stock Insurance Company,herein called the Insurer
BUSINESS AND MANAGEMENT INDEMNITY POLICY-NON-PROFIT
ORGANIZATIONS
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
In consideration of the payment of premium,in reliance on the Application and subject to the Declarations,and
terms and conditions of this Policy,the Insurer and the Insureds agree as follows:
A.INSURING CLAUSE
Insurer shall pay the Loss of the Insureds which the Insureds have become legally obligated to pay by
reason of a Claim first made against the Insureds during the Policy Period or,if elected,the Extended
Period,and reported to the Insurer pursuant to Section E.1.herein,for any Wrongful Act taking place
prior to the end of the Policy Period.
B.DEFINITIONS
1.Claim means:
a.a written demand against any Insured for monetary damages or non-monetary or injunctive
relief;
b.a civil proceeding against any Insured seeking monetary damages or non-monetary or
injunctive relief,commenced by the service of a complaint or similar pleading;
c.a criminal proceeding against any Insured,commenced by a return of an indictment or similar
document,or receipt or filing of a notice of charges;
d.an arbitration proceeding against any Insured seeking monetary damages or non-monetary or
injunctive relief;or
e.a civil,administrative or regulatory proceeding or a formal governmental investigation against
any Insured commenced by the filing of a notice of charges,investigative order or similar
document.
2.Continuity Date means the date set forth in Item 3.of the Declarations relating to this Coverage
Section.
3.Costs,Charges and Expenses means reasonable and necessary legal costs,charges,fees and
expenses incurred by any of the Insureds in defending Claims and the premium for appeal,
attachment or similar bonds arising out of covered judgments,but with no obligation to furnish such
bonds and only for the amount of such judgment that is up to the applicable Limit of Liability.Costs,
Charges and Expenses do not include salaries,wages,fees,overhead or benefit expenses of or
associated with officers or employees of the Organization.
4.Insured Persons means all persons who were,now are or shall become:
a.a director,officer,trustee,volunteer,committee member or employee of the Organization;and
b.the functional equivalent of a director,officer,trustee,volunteer,committee member or
employee in the event the Organization is incorporated or domiciled outside the United States.
5.Insureds mean the Organization and the Insured Persons.
6.Interrelated Wrongful Acts means all Wrongful Acts that have as a common nexus any fact,
circumstance,situation,event,transaction,cause or series of facts,circumstances,situations,events,
transactions or causes.
7.Loss means damages,judgments,settlements,pre-judgment or post-judgment interest awarded by a
court,and Costs,Charges and Expenses incurred by any of the Insureds.
EKI-P-8(04/08) Page 1 of 5
Loss does not include:
a.taxes,fines or penalties;
b.matters uninsurable under the laws pursuant to which this Policy is construed;
c.punitive or exemplary damages,or the multiple portion of any multiplied damage award,except
to the extent that such punitive or exemplary damages,or the multiple portion of any multiplied
damage award are insurable under the internal laws of any jurisdiction which most favors
coverage for such damages and which has a substantial relationship to the Insureds,Insurer,
this Policy or the Claim giving rise to such damages;
d.the cost of any remedial,preventative or other non-monetary relief,including without limitation
any costs associated with compliance with any such relief of any kind or nature imposed by any
judgment,settlement or governmental authority;
e.any amount for which the Insured is not financially liable or legally obligated to pay;
f.the costs to modify or adapt any building or property to be accessible or accommodating or
more accessible or accommodating,to any disabled person;or
g.any amounts owed or paid under any written or express contract or agreement.
8.Personal Injury Act means false arrest,wrongful detention or imprisonment,malicious prosecution,
invasion of privacy,or wrongful entry or eviction.
9.Publisher Liability Act means defamation,infringement of copyright or trademark,unauthorized use
of title,plagiarism or misappropriation of ideas.
10.Wrongful Act means any actual or alleged error,omission,misleading statement,misstatement,
neglect,breach of duty or act,Publisher Liability Act or Personal Injury Act allegedly committed
or attempted by any Insured,while acting in their capacity as such,or any matter claimed against
any Insured Persons solely by reason of his or her serving in such capacity.
C.EXCLUSIONS
Insurer shall not be liable for Loss under this Coverage Section on account of any Claim:
1.for actual or alleged bodily injury,sickness,disease,death,assault,battery,mental anguish,
emotional distress,or damage to or destruction of any tangible or intangible property including loss of
use thereof,whether or not such property is physically injured;
2.alleging,based upon,arising out of,attributable to,directly or indirectly resulting from,in
consequence of,or in any way involving:
a.any Wrongful Act,fact,circumstance or situation which has been the subject of any written
notice given under any other policy of which this Policy is a renewal or replacement or which it
succeeds in time;or
b.any other Wrongful Act,whenever occurring,which together with a Wrongful Act which has
been the subject of such prior notice,would constitute Interrelated Wrongful Acts;
3.alleging,based upon,arising out of,attributable to,directly or indirectly resulting from,in
consequence of,or in any way involving:
a.the actual,alleged or threatened discharge,dispersal,release,escape,seepage,migration or
disposal of Pollutants;or
b.any direction or request that any Insured test for,monitor,clean up,remove,contain,treat,
detoxify or neutralize Pollutants,or any voluntary decision to do so;
For purposes of this exclusion,Pollutants means any substance exhibiting any hazardous
characteristics as defined by,or identified on,a list of hazardous substances issued by the United
States Environmental Protection Agency or any federal,state,county,municipal or local counterpart
thereof or any foreign equivalent.Such substances shall include,without limitation,solids,liquids,
gaseous,biological,bacterial or thermal irritants,contaminants or smoke,vapor,soot,fumes,acids,
alkalis,chemicals or waste materials(including materials to be reconditioned,recycled or reclaimed).
Pollutants shall also mean any other air emission or particulate,odor,waste water,oil or oil products,
infectious or medical waste,asbestos or asbestos products,noise,fungus(including mold or mildew
EKI-P-8(04/08) Page 2 of 5
and any mycotoxins,spores,scents or byproducts produced or released by fungi,but does not include
any fungi intended by the Insured for consumption)and electric or magnetic or electromagnetic field;
4.for any actual or alleged violation of the responsibilities,obligations or duties imposed by Employee
Retirement Income Security Act of 1974,as amended,or any rules or regulations promulgated
thereunder,or similar provisions of any federal,state or local statutory or common law;
5.brought or maintained by,on behalf of,in the right of,or at the direction of any Insured in any
capacity,unless such Claim:
a.is brought derivatively on behalf of the Organization and is instigated and continued totally
independent of,and totally without the solicitation,assistance,active participation of,or
intervention of,any Insured;
b.is brought or maintained by any Insured in the form of a cross-claim,third-party claim or
other proceeding for contribution or indemnity which is part of,and directly results from a
Claim that is covered by this Coverage Section;or
c.is brought or maintained by any bankruptcy trustee or bankruptcy appointed representative of
the Organization;
6.alleging,based upon,arising out of,attributable to,directly or indirectly resulting from,in
consequence of,or in any way involving:
a.any dishonest,deliberately fraudulent or criminal act of any Insured;provided,however this
exclusion 6.a.shall not apply unless and until there is a final judgment against such Insured as
to such conduct;or
b.the gaining of any profit,remuneration or financial advantage to which any Insured Person
was not legally entitled;provided,however,that this exclusion 6.b.shall not apply unless and
until there is a final judgment against such Insured Person as to such conduct;
when this exclusion applies,the Insured shall reimburse the Insurer for any Costs,Charges or
Expenses advanced;
7.for the return by any of the Insured Person of any remuneration paid to them without the previous
approval of the appropriate governing body of the Organization,which payment without such
previous approval shall be held to be in violation of law;
8.against any of the Insured Person of any Subsidiary or against any Subsidiary alleging,based
upon,arising out of,attributable to,directly or indirectly resulting from,in consequence of,or in any
way involving any Wrongful Act actually or allegedly committed or attempted by a Subsidiary or
Insured Person thereof:
a.before the date such entity became a Subsidiary or after the date such entity ceased to be a
Subsidiary;or
b.occurring while such entity was a Subsidiary which,together with a Wrongful Act occurring
before the date such entity became a Subsidiary,would constitute Interrelated Wrongful
Acts;
9.alleging,based upon,arising out of,attributable to,directly or indirectly resulting from,in
consequence of,or in any way involving any Wrongful Act actually or allegedly committed
subsequent to a Takeover;
10.for a Wrongful Act actually or allegedly committed or attempted by any of the Insured Person in
his or her capacity as a director,officer,trustee,manager,member of the board of managers or
equivalent executive of a limited liability Organization or employee of,or independent contractor for or
in any other capacity or position with any entity other than the Organization;
11.alleging,based upon,arising out of,attributable to,directly or indirectly resulting from,in
consequence of,or in any way involving:
a.any prior or pending litigation or administrative or regulatory proceeding,demand letter or
formal or informal governmental investigation or inquiry filed or pending on or before the
Continuity Date;or
b.any fact,circumstance,situation,transaction or event underlying or alleged in such litigation or
administrative or regulatory proceeding,demand letter or formal or informal governmental
EKI-P-8(04/08) Page 3 of 5
investigation or inquiry;
12.alleging,based upon,arising out of,attributable to,directly or indirectly resulting from,in
consequence of,or in any way involving,any Wrongful Act,fact,circumstance or situation which any
of the Insureds had knowledge of prior to the Continuity Date where such Insureds had reason to
believe at the time that such known Wrongful Act could reasonably be expected to give rise to such
Claim;
13.alleging,based upon,arising out of,attributable to,directly or indirectly resulting from,in
consequence of,or in any way involving any employment or employment-related matters brought by
or on behalf of or on the right of an applicant for employment with the Organization or any Insured
Person;
14.alleging,based upon,arising out of,attributable to,directly or indirectly resulting from,in
consequence of,or in any way involving the actual or alleged breach of any contract or agreement;
provided,however,this exclusion shall not apply to Costs,Charges and Expenses;or
15.for that portion of Loss which is covered under any other Coverage Section of this Policy.
No Wrongful Act of one or more Insureds shall be imputed to any other Insureds for the purpose of
determining the applicability of any of the above exclusions.
D.LIMIT OF LIABILITY AND RETENTIONS
1.The liability of the Insurer shall apply only to that part of Loss,which is excess of the Retention
amounts applicable to this Coverage Section,as shown in Item 3.of the Declarations.Such Retentions
shall be borne uninsured by the Insureds and at their own risk.If different parts of a single Claim
are subject to different applicable Retentions under this Coverage Section,the applicable Retentions
will be applied separately to each part of such Loss,but the sum of such Retentions shall not exceed
the largest applicable Retention.
2.The amount shown in Item 3.of the Declarations relating to this Coverage Section shall be the
maximum aggregate Limit of Liability of Insurer under this Coverage Section.
3.All Claims arising out of the same Wrongful Act and all Interrelated Wrongful Acts shall be
deemed to constitute a single Claim and shall be deemed to have been made at the earliest of the
following times,regardless of whether such date is before or during the Policy Period:
a.the time at which the earliest Claim involving the same Wrongful Act or Interrelated
Wrongful Act is first made;or
b.the time at which the Claim involving the same Wrongful Act or Interrelated Wrongful
Acts shall be deemed to have been made pursuant to Section E.2.,below.
4.Payments of Loss,other than Costs,Charges and Expenses by Insurer shall reduce the Limit of
Liability under this Coverage Section.Costs,Charges and Expenses are not part of and are in
addition to the Limit of Liability.Payment of Costs,Charges and Expenses by the Insurer does not
reduce the Limit of Liability.If such Limit of Liability is exhausted,the obligations of the Insurer
under this Coverage Section are completely fulfilled and extinguished.
E.NOTIFICATION
1.The Insureds shall,as a condition precedent to their rights to payment under this Coverage Section
only,give Insurer written notice of any Claim as soon as practicable,but in no event later than sixty
(60)days after the end of the Policy Period.If any Claim is first made against the Insureds during
the Extended Period,if purchased,written notice to Insurer must be given as soon as practicable,
but in no event later than sixty(60)days after the end of the Extended Period.
2.If,during the Policy Period or the Discovery Period,if purchased,any of the Insureds first
becomes aware of a specific Wrongful Act which may reasonably give rise to a future Claim covered
under this Policy,and if the Insureds,during the Policy Period or the Discovery Period,if
purchased,give written notice to Insurer as soon as practicable of:
a.a description of the Wrongful Act allegations anticipated;
b.the identity of the potential claimants;
c.the circumstances by which the Insureds first became aware of the Wrongful Act;
EKI-P-8(04/08) Page 4 of 5
d.the identity of the Insureds allegedly involved;
e.the consequences which have resulted or may result;and
f.the nature of the potential monetary damages and non-monetary relief;
then any Claim made subsequently arising out of such Wrongful Act shall be deemed for the
purposes of this Coverage Section to have been made at the time such notice was received by the
Insurer.No coverage is provided for fees,expenses and other costs incurred prior to the time such
Wrongful Act results in a Claim.
3.Notice to Insurer shall be given to the address shown under Item 8.of the Declarations for this
Policy.
F.SETTLEMENT AND DEFENSE
1.It shall be the duty of the Insurer and not the duty of the Insureds to defend any Claim.Such duty
shall exist even if any of the allegations are groundless,false or fraudulent.The Insurer's duty to
defend any Claim shall cease when the Limit of Liability has been exhausted.
2.The Insurer may make any investigation it deems necessary,and shall have the right to settle any
Claim;provided,however,no settlement shall be made without the consent of the Parent Company,
such consent not to be unreasonably withheld.
3.The Insureds agree not to settle or offer to settle any Claim,incur any Costs,Charges and
Expenses or otherwise assume any contractual obligation or admit any liability with respect to any
Claim without the prior written consent of the Insurer,such consent not to be unreasonably
withheld.The Insurer shall not be liable for any settlement,Costs,Charges and Expenses,
assumed obligation or admission to which it has not consented.The Insureds shall promptly send to
the Insurer all settlement demands or offers received by any Insured from the claimant(s).
4.The Insureds agree to provide the Insurer with all information,assistance and cooperation which
the Insurer reasonably requests and agree that,in the event of a Claim,the Insureds will do
nothing that shall prejudice the position of the Insurer or its potential or actual rights of recovery.
G.OTHER INSURANCE
If any Loss covered under this Coverage Section is covered under any other valid and collectible insurance,
then this Policy shall cover the Loss,subject to its terms and conditions,only to the extent that the amount
of the Loss is in excess of the amount of such other insurance whether such other insurance is stated to be
primary,contributory,excess,contingent or otherwise,unless such other insurance is written only as specific
excess insurance over the Limit of Liability for this Coverage Section.
EKI-P-8(04/08) Page 5 of 5
Scottsdale Indemnity Company Endorsement
No.
2
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
ADVISORY BOARD EXTENSION
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
The following is added to Section B.DEFINITIONS,subsection 4.:
Insured Persons means all persons who were,now are or shall become:
members of the Advisory Board of the Organization.
All other terms and conditions of this Policy remain unchanged.
EKI-99(04/08) Page 1 of 1
Scottsdale Indemnity Company Endorsement
No.
3
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
ALLOCATION PROVISION
This endorsement modifies insurance provided under the following:
GENERAL TERMS AND CONDITIONS COVERAGE SECTION
The following Section P.,ALLOCATION,is added to the General Terms and Conditions Section.
P.ALLOCATION
1.In the event the Insurer has the duty to defend a Claim under any Coverage Section in which both
Loss that is covered by the applicable Coverage Section and loss which is not covered by the
applicable Coverage Section is incurred,either because such Claim includes both covered and
uncovered matters or because such Claim is made against both covered and uncovered parties,then:
a.this Policy shall pay one hundred percent(100%)of Costs,Charges and Expenses incurred
by such Insured on account of such Claim;and
b.there shall be a fair and equitable allocation of any remaining loss incurred by such Insured on
account of such Claim between covered Loss and uncovered loss based upon the relative legal
and financial exposures and the relative benefits obtained.
2.In the event the Insured has the duty to defend a Claim under any Coverage Section in which both
Loss that is covered by the applicable Coverage Section and loss which is not covered by the
applicable Coverage Section is incurred,either because such Claim includes both covered and
uncovered matters or because such Claim is made against both covered and uncovered parties,then
the Insured and the Insurer shall use their best efforts to determine a fair and proper allocation as
between such insured and uninsured loss,taking into account the relative legal and financial
exposures and the relative benefits obtained.
All other terms and conditions of this Policy remain unchanged.
EKI-804(01/09) Page 1 of 1
Endorsement
Scottsdale Indemnity Company No.
4
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
AMEND CONDUCT EXCLUSION
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
In consideration of the premium paid,it is agreed that section C.,EXCLUSIONS,subsection 6.is deleted in its
entirety and replaced by the following:
6.alleging,based upon,arising out of,attributable to,directly or indirectly resulting from,in
consequence of,or in any way involving:
a.any dishonest,deliberately criminal or fraudulent act committed by an Insured,if established
by a final non-appealable adjudication in the underlying action or proceeding;or
b.any personal profit,remuneration or other financial advantage gained by an Insured Person
to which such Insured Person is not legally entitled,if established by a final non-appealable
adjudication in the underlying action or proceeding.
When 6.a.or 6.b.applies,the Insured shall reimburse the Insurer for any Costs,Charges or
Expenses.
All other terms and conditions of this Policy remain unchanged.
EKI-1588(2-15) Page 1 of 1
Scottsdale Indemnity Company Endorsement
No.
5
Attached Endorsement
To And Effective Date
Forming (12:O1 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
AMEND CONDUCT EXCLUSION-FOREIGN JURISDICTION
In consideration of the premium paid,it is agreed that this endorsement modifies insurance provided under the
following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
Section C.,EXCLUSIONS,subsection 6.is deleted in its entirety and replaced by the following:
■ alleging,based upon,arising out of,attributable to,directly or indirectly resulting from,in
consequence of,or in any way involving:
a.any dishonest,deliberately fraudulent or criminal act of an Insured;or
b.the gaining of any profit,remuneration or financial advantage to which any Insured
Persons were not legally entitled;
if established by a final,non-appealable adjudication in such Claim or a guilty plea or other
written admission under oath by such Insured;
provided,however,exclusion a.shall not apply to any such Claim for a criminal act made in a
jurisdiction outside the United States,unless and to the extent,such criminal act under such
foreign jurisdiction would be considered a criminal act under any federal,state or local law or
act within any jurisdiction in the United States;
When a.or b.apply,the Insured shall reimburse the Insurer for any Costs,Charges or
Expenses;
All other terms and conditions of this Policy remain unchanged.
EKI-1638(1-16) Page 1 of 1
Endorsement
Scottsdale Indemnity Company N6
Attached Endorsement
To And Effective Date
Forming (12:O1 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
AMEND DEFINITION OF INSURED PERSON-LEASED/CONTRACTED EMPLOYEES
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
The following is added to Section B.,DEFINITIONS,subsection 4.:
Insured Person means any person who was,now is,or shall become:
any natural person who is a leased employee or is contracted to perform work for the Organization,
or is an independent contractor for the Organization,but only to the extent such individual performs
work or services for or on behalf of the Organization.
All other terms and conditions of this Policy remain unchanged.
EKI-888(12/09) Page 1 of 1
Scottsdale Indemnity ompany Endorsement
No.
7
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
AMEND DISCOVERY ELECTION-90 DAYS
This endorsement modifies insurance provided under the following:
GENERAL TERMS AND CONDITIONS
Section H.,DISCOVERY PERIOD,subsection 2.,is replaced by:
2.As a condition precedent to the right to purchase the Discovery Period set forth in subsection H.1.above,
the total premium for the Policy must have been paid.Such right to purchase the Discovery Period shall
terminate unless written notice,together with full payment of the premium for the Discovery Period,is
received by Insurer within ninety(90)days after the effective date of cancellation,or,in the event of a
refusal to renew,within ninety(90)days after the Policy expiration date.If such notice and premium
payment is not so given to Insurer,there shall be no right to purchase the Discovery Period.
All other terms and conditions of this Policy remain unchanged.
EKI-803(01/09) Page 1 of 1
Scottsdale Indemnity Company Endorsement
No.
8
Attached Endorsement
To And Effective Date
Forming (12:O1 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
AMEND INSURED VERSUS INSURED EXCLUSION
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
Section C.,EXCLUSIONS,subsection 5.,is amended by adding the following:
is brought or maintained by any former director or officer of the Organization and where such Claim is
solely based upon and arising out of Wrongful Acts committed subsequent to the date such director or
officer ceased to be a director or officer of the Organization and where such Claim is first made two(2)
years subsequent to the date such director or officer ceased to be a director or officer of the Organization.
All other terms and conditions of this Policy remain unchanged.
EKI-255(08/09) Page 1 of 1
Endorsement
Scottsdale Indemnity Company No.
9
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
AMEND NOTICE OF CIRCUMSTANCES
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
Section E.,NOTIFICATION,subsection 2.is replaced by:
2.If during the Policy Period or the Discovery Period,if purchased,any of the Insureds first become
aware of specific facts or circumstances which may reasonably give rise to a future Claim covered
under this Policy,and if the Insureds,during the Policy Period or the Discovery Period,if
purchased,give written notice to Insurer as soon as practicable of:
a.a description of the facts,circumstances,or allegations anticipated;
b.the identity of potential claimants;
c.the circumstances by which the Insureds first became aware of the facts or circumstances;
d.the identity of the Insureds allegedly involved;
e.the consequences which have resulted or may result;and
f.the nature of the potential monetary damages and non-monetary relief;
then any Claim made subsequently arising out of such facts or circumstances shall be deemed for the
purposes of this Coverage Section to have been made at the time such notices was received by the
Insurer.No coverage is provided for fees,expenses and other costs incurred prior to the time such
facts or circumstances results in a Claim.
All other terms and conditions of this Policy remain unchanged.
EKI-1143(11/12) Page 1 of 1
Endorsement
Scottsdale Indemnity Company No
10
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
AMEND NOTICE PROVISION-INSURED PERSON AND ORGANIZATION
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
The following is added to Section E.NOTIFICATION:
A Claim shall be deemed to have been first made against the Insureds on the date an Insured who is an
executive officer,or a director,trustee,or general counsel(or equivalent position)of any Organization
becomes aware of such Claim.
All other terms and conditions of this Policy remain unchanged.
EKI-267(04/08) Page 1 of 1
Scottsdale Indemnity Company Endorsement
No.
11
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
AMEND OTHER INSURANCE TO BE PRIMARY
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
Section G.,OTHER INSURANCE,is replaced by:
G.OTHER INSURANCE
For any Claim,if any Loss covered under this Coverage Section is covered under any other valid and
collectable insurance,then this Policy shall be primary insurance,unless expressly written to be excess over
other applicable insurance.
All other terms and conditions of this Policy remain unchanged.
EKI-1109(6-12) Page 1 of 1
Endorsement
Scottsdale Indemnity Company No.
12
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
AMEND SUBROGATION PROVISION-FINAL JUDGMENT
This endorsement modifies insurance provided under the following:
GENERAL TERMS AND CONDITIONS SECTION
Section M.,ASSISTANCE,COOPERATION AND SUBROGATION,is deleted in its entirety and replaced by the
following:
M.ASSISTANCE,COOPERATION AND SUBROGATION
The Insureds agree to provide Insurer with such information,assistance and cooperation as Insurer
reasonably may request,and they further agree that they shall not take any action which in any way
increases Insurer's exposure under this Policy.In the event of any payments under this Policy,Insurer
shall be subrogated to the extent of such payment to all of the Insureds'rights of recovery against any
person or entity.The Insureds shall execute all papers required and shall do everything that may be
necessary to secure and preserve such rights,including the execution of such documents as am necessary to
enable Insurer effectively to bring suit or otherwise pursue subrogation in the name of the Insureds,and
shall provide all other assistance and cooperation which Insurer may reasonably require.In no event,
however,shall the Insurer exercise its right of subrogation against an Insured under this Policy unless
such Insured has been convicted of a deliberate criminal act;or has committed a deliberate fraudulent act,
if a final judgment establishes that such deliberate fraudulent act was committed;or has obtained any profit
or advantage to which a final judgment establishes the Insured was not legally entitled.
All other terms and conditions of this Policy remain unchanged.
EKI-805(01/09) Page 1 of 1
Scottsdale Indemnity Company Endorsement
No.
13
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
AMEND WARRANTY PROVISION-NON-RESCINDABLE COVERAGE
This endorsement modifies insurance provided under the following:
GENERAL TERMS AND CONDITIONS
Under Section D.WARRANTY,paragraph 2.is replaced by:
2.In the event the Application,including materials submitted or required to be submitted therewith,contains
any misrepresentation or omission made with the intent to deceive,or contains any misrepresentation or
omission which materially affects either the acceptance of the risk or the hazard assumed by the Insurer
under this Policy,this Policy,including each and all Coverage Sections,shall not afford coverage to the
following Insureds for any Claim alleging,based upon,arising out of,attributable to,directly or indirectly
resulting from,in consequence of,or in any way involving,any untruthful or inaccurate statements,
representations or information:
a.any Insured who is a natural person and who knew the facts misrepresented or the omissions,
whether or not such individual knew of the Application,such materials,or this Policy;
b.any Organization or Sponsor Organization to the extent it indemnifies any Insured referred to in
subsection a.above;and
c.any Organization,Sponsor Organization,Plan,or any other entity that is an Insured,if any past
or present chief executive officer,chief financial officer,general counsel,risk manager or human
resources director(or equivalent positions)of the Parent Organization knew the facts
misrepresented or the omissions,whether or not such individual knew of the Application,such
materials,or this Policy.
With respect to any statement,representation or information contained in the Application,or in the
materials submitted or required to be submitted therewith,and solely with respect to the above exclusion,no
knowledge possessed by any Insured who is a natural person shall be imputed to any other Insured who is
a natural person.
The following condition is added:
NON-RESCINDABLE
The Insurer shall not be entitled under any circumstances to rescind any Coverage Section of this
Policy with respect to any Insured.Nothing contained in this section shall limit or waive any other
rights or remedies available to the Insurer.
The title and any headings in this endorsement are solely for convenience and form no part of the terms and
conditions of coverage.
All other terms and conditions of this Policy remain unchanged.
EKI-261(04/09) Page 1 of 1
Scottsdale Indemnity Company Endorsement
No.
14
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
AMENDED INSURED PERSONS VERSUS ORGANIZATION
In consideration of the premium paid,it is agreed that this endorsement modifies insurance provided under the
following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
Section C.,EXCLUSIONS,subsection 5.is deleted in its entirety and replaced with the following:
5.brought or maintained by,on behalf of,in the right of,or at the direction of the Organization in any
capacity,unless such Claim:
a.is brought derivatively on behalf of such Organization and is instigated and continued totally
independent of,and totally without the solicitation,assistance,active participation of,or
intervention of,any Insured;or
b.is brought or maintained by any Insured in the form of a cross-claim,third-party claim or
other proceeding for contribution or indemnity which is part of,and directly results from a
Claim that is covered by this Coverage Section;
All other terms and conditions of this Policy remain unchanged.
EKI-2130(1-19) Page 1 of 1
Scottsdale Indemnity Company Endorsement
No.
15
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
AMENDED INSURED VERSUS INSURED EXCLUSION-FOREIGN JURISDICTION
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
Section C.,EXCLUSIONS,is amended by adding the following to subsection 5.:
is brought or maintained in a jurisdiction outside the United States of America,Canada or Australia by any
Insured Persons of the Organization solely where such Organization is domiciled or chartered in such
foreign jurisdiction;
All other terms and conditions of this Policy remain unchanged.
EKI-814(05/09) Page 1 of 1
Endorsement
Scottsdale Indemnity Company No.
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
AMENDED INSURED VERSUS INSURED EXCLUSION WHISTLEBLOWER CARVEBACK
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
The following is added to Section C.,EXCLUSIONS,subsection 5.:
• is brought or maintained by an employee of the Organization who is not or was not a director or officer of
the Organization,including any such Claim brought or maintained under the Federal False Claims Act or
any similar federal,state,local or foreign"whistleblower"law or"whistleblower"provision of any law.
All other terms and conditions of this Policy remain unchanged.
EKI-930(02/11) Page 1 of 1
Scottsdale Indemnity Company Endorsement
17
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
AMENDED INSURED VERSUS INSURED EXCLUSION WITH CREDITOR COMMITTEE CARVEBACK
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
Section C.,EXCLUSIONS,subsection 5.,is amended by adding the following:
• is brought or maintained by any bankruptcy trustee or bankruptcy appointed representative of the
Organization,or creditors committee of the Organization,or any assignee thereof;
All other terms and conditions of this Policy remain unchanged.
EKI-806(01/09) Page 1 of 1
Scottsdale Indemnity Company Endorsement
No.
18
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM
It is agreed that the Limit(s)of Liability section is amended by adding the following:Notwithstanding anything in
this policy to the contrary,if aggregate Insured losses attributable to terrorist acts certified under the federal
Terrorism Risk Insurance Act exceed$100 billion in a calendar year and the Insurer has met its deductible under
the Terrorism Risk Insurance Act,the Insurer shall not be liable for the payment of any portion of the amount of
such losses that exceeds$100 billion,and in such case Insured losses up to that amount are subject to pro rata
allocation in accordance with procedures established by the Secretary of the Treasury.Certified Act of Terrorism
means an act that is certified by the Secretary of the Treasury,in accordance with the provisions of the federal
Terrorism Risk Insurance Act,to be an act of terrorism pursuant to such Act.The criteria contained in the Terrorism
Risk Insurance Act for a Certified Act of Terrorism include the following:The act resulted in Insured losses in excess
of$5 million in the aggregate,attributable to all types of insurance subject to the Terrorism Risk Insurance Act;and
The act is a violent act or an act that is dangerous to human life,property or infrastructure and is committed by an
individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the
policy or affect the conduct of the United States Government by coercion.All other terms and conditions of this
policy remain unchanged
EKI-351(1-15) Page 1 of 1
Scottsdale Indemnity Company Endorsement
No.
19
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number a
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
COST OF INVESTIGATIONS COVERAGE
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
It is agreed that:
The following is added to Section B.,DEFINITIONS:
Cost of Investigation means reasonable and necessary legal costs,charges,fees and expenses
incurred by any of the Insureds in investigating a written demand,by one or more of the securities
holders of the Organization upon the board of directors,the management board of the
Organization or the Organization,to bring a civil proceeding,including any derivative action,
against any of the directors and officers on behalf of the Organization.
The following is added to Section B.,DEFINITIONS,subsection 1.:
a written demand,by one or more of the securities holders of the Organization upon the board of
directors,the management board of the Organization or the Organization,to bring a civil
proceeding,including any derivative action,against any of the directors and officers on behalf of the
Organization.
Section B.,DEFINITIONS,subsection 3.is deleted in its entirety and is replaced by:
3.Costs,Charges and Expenses means:
a.reasonable and necessary legal costs,charges,fees and expenses incurred by any of the
Insureds in defending Claims and the premium for appeal,attachment or similar bonds
arising out of covered judgments,but with no obligation to furnish such bonds and only for the
amount of such judgment that is up to the applicable Limit of Liability and;
b.cost of investigation.
Costs,Charges and Expenses do not include salaries,wages,fees,overhead or benefit expenses of
or associated with officers or employees of the Organization.
All other terms and conditions of this Policy remain unchanged.
EKI-807(04/09) Page 1 of 1
Scottsdale Indemnity Company Endorsement
No.
20
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
CRISIS FUND FOR NON-PROFITS-CRISIS COMMUNICATIONS MANAGEMENT INSURANCE
In consideration of the additional premium paid of$2675,it is agreed that this endorsement modifies insurance
provided under the following.
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
I.Section A.,INSURING CLAUSE,is amended by adding the following Insuring Clause:
O CRISIS MANAGEMENT COVERAGE
This Policy shall pay the Crisis Management Loss of the Organization arising from a Crisis
Management Event first commencing during the Policy Period.
II.Solely with respect to the coverage provided by this endorsement,Section B.,DEFINITIONS,is amended to
include the following:
O Material Effect shall mean the publication of unfavorable information regarding the Organization
which can reasonably be considered to lessen public confidence in the competence of the
Organization.Such publication must occur in either:
1.A daily newspaper of general circulation;or
2.A radio,television or internet news report on an Organization.
• Crisis Management Event shall mean one of the following events which,in the good faith opinion of
the Organization,did cause or is reasonably likely to cause,a Material Effect:
1.Management Crisis:
The death,incapacity or criminal indictment of any director,trustee or officer,including,but not
limited to,the executive director,of the Organization,or any employee of the Organization
on whom the Organization maintains key person life insurance.
2.Member Abuse:
The public announcement or accusation that an individual under the management control of the
Organization has intentionally caused bodily injury to,or death of,a member or proposed
member of the Organization,or has sexually abused a member of the Organization.
3.Debt default:
The public announcement that the Organization has defaulted or intends to default on its
debt.
EKI-269(5-18) Page 1 of 3
4.Bankruptcy:
The public announcement that the Organization intends to file for bankruptcy protection or
that a third-party is seeking to file for involuntary bankruptcy on behalf of the Organization,or
the imminence of bankruptcy proceedings,whether voluntary or involuntary.
5.Contribution Revocation:
The withdrawal or return of any non-governmental grant,contribution or bequest in excess of
$500,000.
For the purpose of this endorsement,a Crisis Management Event shall first commence when the
Organization or any of its directors or executive officers shall first become aware of the event during
the Policy Period and shall conclude at the earliest of the time when the Crisis Management Firm
advises the Organization that the crisis no longer exists or when the Crisis Management Fund
Sub-limit has been exhausted.
U Crisis Management Firm shall mean any public relations firm,crisis management firm or law firm
hired by the Organization or its directors,officers or employees to perform Crisis Management
Services in connection with a Crisis Management Event,the selection of which has been consented
to by the Insurer,which consent shall not be unreasonably withheld.
O Crisis Management Loss shall mean the following amounts incurred during the pendency of or
within ninety(90)days prior to and in anticipation of,the Crisis Management Event,regardless of
whether a Claim is ever made against an Insured arising from the Crisis Management Event and,
in the case where a Claim is made,regardless of whether the amount is incurred prior to or
subsequent to the making of the Claim:
1.Amounts for which the Organization is legally liable for the reasonable and necessary fees and
expenses incurred by a Crisis Management Firm in the performance of Crisis Management
Services for the Organization arising from a Crisis Management Event;and
2.Amounts for which the Organization is legally liable for the reasonable and necessary printing,
advertising,mailing of materials,or travel by directors,officers,employees or agent of the
Organization or the Crisis Management Firm,in connection with the Crisis Management
Event.
o Crisis Management Services means those services performed by a Crisis Management Firm in
advising the Organization or any of its directors,officers or employees on minimizing the potential
harm to the Organization arising from the Crisis Management Event,including,but not limited,to
maintaining and restoring public confidence in the Organization.
III.Solely with respect to the coverage provided by this endorsement,Section B.,DEFINITIONS,7.Loss is
amended as follows:
O Loss shall include Crisis Management Loss.
IV.Solely with respect to the coverage provided by this endorsement,Section C.,EXCLUSIONS,is amended by
adding the following:
o alleging,based upon,arising out of,attributable to,directly or indirectly resulting from,in
consequence of,or in any way involving:
• any Claim which has been reported,or any circumstances of which notice has been given,
under any policy of which this Policy is a renewal or replacement or which it may succeed in
time;
• any pending or prior litigation or administrative or regulatory proceeding,demand letter or
formal or informal governmental investigation or inquiry,including any investigation by the U.S.
EKI-269(5-18) Page 2 of 3
Department of Labor or the U.S.Equal Employment Opportunity Commission,filed or pending
as of 08/01/2013;
• any fact,circumstance,situation,transaction or event underlying or alleged in such litigation or
administrative or regulatory proceeding,demand letter or formal or informal governmental
investigation or inquiry,including any investigation by the U.S.Department of Labor or the U.S.
Equal Employment Opportunity Commission;or
• the hazardous properties of nuclear materials.
V.Solely with respect to this endorsement,the following is added to Section D.,LIMIT OF LIABILITY AND
RETENTIONS:
o Crisis Management Fund Sublimit:$10,000
o The limit of the Insurer's liability for Crisis Management Loss arising from all Crisis Management
Events occurring during the Policy Period,in the aggregate,shall be the amount set forth in this
endorsement as the Crisis Management Fund Sublimit.This sublimit shall be the maximum liability
of the Insurer under this endorsement,regardless of the number of Crisis Management Events
occurring during the Policy Period,provided however,that this single Crisis Management Fund
Sublimit shall be part of and not in addition to the Limit of Liability maximum aggregate for this
Coverage Section stated in Item 3.1.of the Declarations,which shall in all events be the maximum
liability of the Insurer for all Loss under this Policy.
o There shall be no retention amount applicable to Crisis Management Loss.
VI.Solely with respect to this endorsement,the following is added to Section E.,NOTIFICATION:
o An actual or anticipated Crisis Management Event shall be reported to the Insurer as soon as
practicable,but in no event later than thirty(30)days after the Organization first incurs Crisis
Management Loss for which the coverage will be requested under this endorsement.
VII.Solely with respect to this endorsement,Section F.,SETTLEMENT AND DEFENSE,is amended as follows:
o There shall be no requirement for the Organization to obtain prior written approval of the Insurer
before incurring any Crisis Management Loss,provided that the Crisis Management Firm selected
by the Organization to perform the Crisis Management Services has been approved by the
Insurer.
All other terms and conditions of this Policy remain unchanged.
EKI-269(5-18) Page 3 of 3
Scottsdale Indemnity Company Endorsement
No.
21
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
EMPLOYED LAWYERS EXTENSION
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
The following is added to Section B.4.:
Employed Lawyers of the Organization
The following definition is added to Section B.:
Employed Lawyers means:
employees of the Organization who:
1.are admitted to practice law in one or more jurisdictions in the United States of America;and
2.are employed within the Organization's office of the general counsel or its functional equivalent;and
3.acting solely in the capacity of providing professional legal services to the Organization.
An individual shall not be deemed to be an Employed Lawyer to the extent such individual renders or
rendered professional legal services to persons or entities other than the Insureds.
EKI-1539(02/14) Page 1 of 1
Endorsement
Scottsdale Indemnity Company No.z
Attached Endorsement
To And Effective Date
Forming (12:O1 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
EXCESS BENEFIT TRANSACTION EXCISE TAX COVERAGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
The following is added to Section B.DEFINITIONS:
Excess Benefit Transaction Excise Tax means any excise tax imposed by the Internal Revenue Service on
an Insured Person who is an Organization Manager as a result of such Insured Person's participation
in an Excess Benefit Transaction;
Organization Manager means"organization manager"as that term is defined in Section 4958 of the
Internal Revenue Code of 1986,as amended;
Excess Benefit Transaction means an"excess benefit transaction"as that term is defined in Section 4958;
and
Disqualified Person means a"disqualified person"as that term is defined in Section 4958.
Section B.DEFINITIONS,Section 7.,paragraph a.is replaced by the following:
a.taxes,fines or penalties other than Excess Benefit Transaction Excise Tax;provided,however,coverage
for such Excess Benefit Transaction Excise Tax shall not include:
i.any Excess Benefit Transaction Excise Tax exceeding$10,000;
ii.any Excess Benefit Transaction Excise Tax expressly prohibited in the bylaws,certificate of
incorporation or other organizational documents of the Insured Organization;
iii.any excise tax imposed by the Internal Revenue Service on any Disqualified Person for any Excess
Benefit Transaction.
All other terms and conditions of this Policy remain unchanged.
EKI-104(04/08) Page 1 of 1
Scottsdale Indemnity Company Endorsement
23
Attached Endorsement
To And Effective Date
Forming (12:O1 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
MOLESTATION EXCLUSION
This endorsement modifies insurance provided under the following:
EMPLOYMENT PRACTICES COVERAGE SECTION
The following is added to Section C.EXCLUSIONS:
Insurer shall not be liable for Loss under this Coverage Section on account of any Claim alleging,based
upon,arising out of,or attributable to,directly or indirectly resulting from,in consequence of,or in any way
involving any Sexual Misconduct,including but not limited to any Employment Practices Wrongful Act
relating to the employment,hiring,retention,or supervision of any person who actually or allegedly engages
in Sexual Misconduct,reporting to authorities Sexual Misconduct,or the failure or alleged failure to do
any of the foregoing.
The following definition is added to Section B.DEFINITIONS:
Sexual Misconduct means child abuse or child neglect,or any licentious,immoral or sexual behavior
directed towards a minor,or any sexual abuse,sexual assault,or molestation of a minor.
All other terms and conditions of this Policy remain unchanged.
EKI-256(04/08) Page 1 of 1
Scottsdale Indemnity Company Endorsement
No.
24
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
OUTSIDE ENTITY COVERAGE FOR NON-PROFIT COMPANIES
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
Section B.DEFINITIONS,subsection 10.,is replaced by the following:
10.Wrongful Act means:
any actual or alleged error,omission,misleading statement,misstatement,neglect,breach of duty or act,
Publisher Liability Act or Personal Injury Act allegedly committed or attempted by any Insured,while
acting in their capacity as such,or any matter claimed against an Insured Person solely by reason of his or
her serving in such capacity;or
any actual or alleged error,omission,misleading statement,misstatement,neglect,breach of duty or act of
any of the Insured Persons,while acting in their capacity as a director,officer,trustee,governor,executive
director or similar position of any Outside Entity where such service is with the knowledge and consent of
the Organization.In the event of a dispute between the Organization and Insured Person over whether
the Organization had knowledge and consented to such service,the Insurer shall act in accordance with
the decision of the Organization.
The following is added to Section B.DEFINITIONS:
Outside Entity means any non-profit company which is exempt from taxation under the Internal Revenue
Code,as amended,in which any of the Insured Persons is,with the knowledge and consent of the
Organization,serving as a director,officer,trustee,governor,executive director or similar position of such
non-profit company.
Section C.EXCLUSIONS,subsection 7.,is replaced by:
7.for the return by any of the Insured Persons of any remuneration paid to them without the previous
approval of the appropriate governing body of the Organization or Outside Entity,which payment without
such previous approval shall be held to be in violation of law;
Section C.EXCLUSIONS,subsection 10.,is replaced by:
10.for a Wrongful Act actually or allegedly committed or attempted by any of the Insured Persons in his or
her capacity as a director,officer,trustee,manager,member of the board of managers or equivalent
executive of a limited liability company or employee of,or independent contractor for or in any other capacity
or position with any entity other than the Organization;provided,however,that this exclusion shall not
apply to Loss resulting from any such Claim solely to the extent that:
a.such Claim is based on the service of any of the Insured Persons as a director,officer,trustee,
governor,executive director or similar position of any Outside Entity where such service is with the
knowledge and consent of the Organization;and
b.such Outside Entity is not permitted or required by law to provide indemnification to such Insured
Person;and
c.such Loss is not covered by insurance provided by any of the Outside Entity's Insurer(s);
Section C.EXCLUSIONS,subsection 13.,is replaced by:
13.alleging,based upon,arising out of,attributable to,directly or indirectly resulting from,in consequence of,or
in any way involving any employment or employment-related matters brought by or on behalf of or in the
right of an applicant for employment with the Organization or any Insured Person,or an applicant for
EKI-355(06/08) Page 1 of 2
employment with an Outside Entity or any director,officer,trustee,governor,executive director,
management committee member,member of the board of managers,or employee of an Outside Entity;
The following is added to Section C.EXCLUSIONS:
Insurer shall not be liable for Loss under this Coverage Section on account of any Claim:
brought or maintained by,on behalf of,in the right,or at the direction of any Outside Entity,or any
past,present or future duly elected or appointed director,officer,trustee,governor,manager,general
counsel,risk manager,management committee member,member of the board of managers,or
equivalent executives of any Outside Entity;
All other terms and conditions of this Policy remain unchanged.
EKI-355(06/08) Page 2 of 2
Endorsement
Scottsdale Indemnity Company No.
25
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
PRIORITY OF PAYMENTS PROVISION
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
The following condition is added:
PAYMENT PRIORITY
If the amount of any Loss which is otherwise due and owing by the Insurer exceeds the then-
remaining Limit of Liability applicable to the Loss,the Insurer shall pay the Loss,subject to such
Limit of Liability,in the following priority:
a.first,the Insurer shall pay any non-indemnifiable Loss covered under this Coverage Section in
excess of any applicable Retention shown in Item 3.of the Declarations;and
b.second,only if and to the extent the payment under a.above does not exhaust the applicable
Limit of Liability,the Insurer shall pay any remaining Loss under this Coverage Section in
excess of the Retention shown in Item 3.of the Declarations.
c.subject to the foregoing,the Insurer shall,upon receipt of a written request from the Chief
Executive Officer of the Parent Organization,delay any payment of Loss otherwise due and
owing to or on behalf of the Organization until such time as the Chief Executive Officer of the
Parent Organization designates,provided the liability of the Insurer with respect to any such
delayed Loss payment shall not be increased,and shall not include any interest,on account of
such delay.
All other terms and conditions of this Policy remain unchanged.
EKI-238(04/08) Page 1 of 1
Endorsement
Scottsdale Indemnity Company No.
26
Attached Endorsement
To And Effective Date
Forming (12:O1 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
PROFESSIONAL SERVICES ERRORS AND OMISSIONS EXCLUSIONS
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
The following is added to Section C.EXCLUSIONS:
Insurer shall not be liable for Loss under this Coverage Section on account of any Claim:
alleging,based upon,arising out of,or attributable to,directly or indirectly resulting from,in
consequence of,or in any way involving the rendering or failure to render professional services.
All other terms and conditions of this Policy remain unchanged.
EKI-121(04/08) Page 1 of 1
Scottsdale Indemnity Company Endorsement
No.
27
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
PUBLIC OFFICIALS ENDORSEMENT
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
Section C.,EXCLUSIONS,is amended by adding the following:
Insurer shall not be liable for Loss under this Coverage Section on account of any Claim:
• arising out of,directly or indirectly resulting from,in consequence of,or in any way involving any Claims,
demands or actions seeking exclusively non-monetary relief or redress of any kind or any fees or expenses
including,but not limited to,attorney fees relating to such Claim or redress of any kind;
• alleging,based upon,arising out of,directly or indirectly resulting from the actual or alleged wrongful entry,
eviction,violation of the right of occupancy,trespass or nuisance;
• alleging,based upon,arising out of,directly or indirectly resulting from the actual or alleged failure to effect
or maintain appropriate or adequate insurance;
• alleging,based upon,arising out of,directly or indirectly resulting from the activities,operations or
administration of any loan funds or granting of loans;
• alleging,based upon,arising out of,directly or indirectly resulting from,in consequence of,or in any way
involving the actual or alleged failure to provide or supply water;
• alleging,based upon,arising out of,directly or indirectly resulting from,in consequence of,or in any way
involving the actual or alleged condemnation,inverse condemnation,temporary or permanent taking,
adverse possession or dedication by adverse use;
• alleging,based upon,arising out of,directly or indirectly resulting from,in consequence of,or in any way
involving actual or alleged discrimination,including,but not limited to,discrimination based upon religion,
race,creed,color,sex,age,marital status,sexual preference,pregnancy,handicap or disability;
Section B.,DEFINITIONS,subsection 4.a.is deleted in its entirety and replaced with the following:
a.a director,officer,official,trustee,volunteer,committee member or employee of the
Organization;and
Section C.,EXCLUSIONS,paragraph 14.is deleted and replaced by:
EKI-921(11/10) Page 1 of 2
14.alleging,based upon,arising out of,attributable to,directly or indirectly resulting from,in
consequence of,or in any way involving the actual or alleged breach of any oral,written,express or
implied contract or agreement;or
All other terms and conditions of this Policy remain unchanged.
EKI-921(11/10) Page 2 of 2
Scottsdale Indemnity Company Endorsement
No.
28
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109+ 08/01/2022 _ Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
REMOVAL OF ALTERNATIVE DISPUTE RESOLUTION PROVISION
This endorsement modifies insurance provided under the following:
GENERAL TERMS AND CONDITIONS
Section K.ALTERNATIVE DISPUTE RESOLUTION,is deleted in its entirety.
All other terms and conditions of this Policy remain unchanged.
EKI-124(04/08) Page 1 of 1
cottsdale Indemnity ompany Endorsement
No.
29
Attached Endorsement
To And Effective Date
Forming - (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
REPLACEMENT POLICY LIBERALIZATION ENDORSEMENT-NON-PROFIT
This endorsement modifies insurance provided under the following:
GENERAL TERMS AND CONDITIONS
It is agreed that the GENERAL TERMS AND CONDITIONS Section is amended by adding the following:
REPLACEMENT POLICY LIBERALIZATION PROVISION
It is agreed that this Policy(together with all endorsements attached hereto,the"Replacement Policy")has
been issued as a replacement to policy number PO 1000386D issued to Weld County Housing Authority.by
United States Liability Insurance Company(such policy together with all endorsements attached thereto,the
"Expiring Policy").With respect to any Claim first made during the Policy Period of the Replacement Policy
and reported to the Insurer pursuant to the terms of the relevant Coverage Section,the terms and
conditions of either the Replacement Policy(in its entirety)or the Expiring Policy(in its entirety)that are
mom favorable to the Insured shall govern;provided that in all events,the retention amounts and limits of
liability of the Replacement Policy will apply to all such Claims.
All other terms and conditions of this Policy remain unchanged.
EKI-830(05/09) Page 1 of 1
Endorsement
Scottsdale Indemnity Company No.
Attached Endorsement
To And Effective Date
Forming (12:01 A. . Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
SEXUAL MISCONDUCT,CHILD ABUSE,NEGLECT EXCLUSION
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
The following is added to Section C.EXCLUSIONS:
Insurer shall not be liable for Loss under this Coverage Section on account of any Claim:
alleging,based upon,arising out of,or attributable to,directly or indirectly resulting from,in
consequence of,or in any way involving any Sexual Misconduct,child abuse,or neglect,including
but not limited to employment,supervision,reporting to authorities,failure to so report or retention of
any person.
The following is added to Section B.DEFINITIONS:
Sexual Misconduct means any licentious,immoral or sexual behavior,sexual abuse,sexual assault,or
molestation intended to lead to or culminating in any attempted or actual sexual act.
All other terms and conditions of this Policy remain unchanged.
EKI-110(04/08) Page 1 of 1
Scottsdale Indemnity Company Endorsement
No.
31
Attached Endorsement
To And Effective Date
Forming (12:O1 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
STATE AMENDATORY INCONSISTENT
This endorsement modifies insurance provided under the following:
GENERAL TERMS AND CONDITIONS
It is agreed that in the event there is an inconsistency between a state amendatory endorsement attached to this
Policy and any term or condition of this Policy,then where permitted by law,the Insurer shall apply those terms
and conditions of either the amendatory endorsement or the Policy which are more favorable to the Insured.
All other terms and conditions of this Policy remain unchanged.
EKI-848(05/09) Page 1 of 1
Scottsdale Indemnity Company Endorsement
No.
32
Attached Endorsement
To And Effective Date
Forming (12:01 A.M. Named Insured Agent No.
Part of Standard
Policy Time)
Number
EKI3439109 08/01/2022 Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
TOLLING OR WAIVING THE STATUTE OF LIMITATIONS
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
The following is added to Section B.,DEFINITIONS,subsection 1.
f.a written request received by the Insureds to toll or waive the statute of limitations regarding a potential
Claim.Such Claim shall be commenced by the receipt of such request.
All other terms and conditions of this Policy remain unchanged.
EKI-802(01/09) Page 1 of 1
Underwritten by Scottsdale Indemnity Company
A Stock Insurance Company
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM INSURANCE COVERAGE
PREMIUM CHARGE FOR TERRORISM COVERAGE
TERRORISM RISK INSURANCE ACT
You are hereby notified that the Terrorism Risk Insurance Act of 2002,as amended pursuant to the Terrorism Risk Insurance
Program Reauthorization Act of 2019,effective January 1,2021(collectively referred to as"TRIA"or the"Act"),established a
program within the Department of the Treasury under which the federal government shares,with the insurance industry,the
risk of loss from future terrorist attacks.Under the Act,you have a right to purchase insurance coverage for losses arising out
of acts of terrorism.As defined in Section 102(1)of the Act:The term"certified acts of terrorism"means any act that is
certified by the Secretary of the Treasury--in consultation with the Secretary of Homeland Security,and the Attorney General
of the United States--to be an act of terrorism;to be a violent act or an act that is dangerous to human life,property,or
infrastructure;to have resulted in damage within the United States,or outside the United States in the case of certain air
carriers or vessels or the premises of a United States mission;to 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.
DISCLOSURE OF FEDERAL SHARE OF COMPENSATION
You should know that where coverage is provided by this policy for losses resulting from"certified acts of terrorism,"such
losses may be partially reimbursed by the United States government under a formula established by federal law.However,your
policy may contain other exclusions which might affect your coverage,such as an exclusion for nuclear events.Under the
formula,the United States government agrees to reimburse eighty percent(80%)of covered terrorism losses that exceed the
statutorily established deductible paid by the insurance company providing the coverage.The premium charged for terrorism
coverage is provided below and does not include any charges for the portion of loss that may be covered by the federal
government under the Act.
CAP ON LOSSES FROM"CERTIFIED ACTS OF TERRORISM"
You should also know that the Terrorism Risk Insurance Act,as amended,contains a$100 billion cap that limits United States
government reimbursement as well as insurers'liability for losses resulting from"certified acts of terrorism"when the amount
of such losses in any one calendar year exceeds$100 billion.If the aggregate insured losses for all insurers exceed$100
billion,your coverage may be reduced.
CONDITIONAL TERRORISM COVERAGE
The Terrorism Risk Insurance Program Reauthorization Act of 2019 is scheduled to terminate at the end of December 31,2027
unless renewed,extended or otherwise continued by the federal government.Should the Act terminate on December 31,2027,
or be repealed,any terrorism coverage as defined by the Act provided in the policy will also terminate.
DISCLOSURE OF PREMIUM
In accordance with the Act,we are required to offer you coverage for losses resulting from an act of terrorism that is certified
under TRIA as an act of terrorism.The policy's other provisions will still apply to such an act.We are further required to provide
you with a notice disclosing the portion of your premium,if any,attributable to coverage for terrorist acts certified under the
Terrorism Risk Insurance Act.
Your premium for cert`fied terrorism coverage is$27.00.This amount does not include any charges for the portion of loss that
may be covered by the United States government under the Act.
If you choose to accept this offer,this form does not have to be returned.
You may choose to reject this offer by signing the statement below and returning to us.Your policy will be changed
to exclude the described coverage.
REJECTION OF COVERAGE FOR"CERTIFIED ACTS OF TERRORISM"
I hereby reject the purchase of certified terrorism coverage on behalf of the Policyholder/Applicant.I understand I
NOTI0603CW(12/20) Page 1 of 2
that the policy will provide no coverage for losses resulting from"certified acts of terrorism,"and an exclusion of
certain terrorism losses will be made part of this policy.
Policyholder/Applicant's Signature* Named Insured/Business Name
Print Name* Policy Number,if available
Date*
*If rejected,signature required&completed form must be returned to E-Risk Services.Please contact your broker with any
questions.
NOTI0603CW(12/20) Page 2 of 2
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