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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
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20241972.tiff
C SI Colorado Counties Casualty and Property Pool 2024 Law Enforcement Liability Policy Lexington - Policy No. 03824686101 Hudson - Policy No. AR001701 Summaries are brief outlines of the coverages afforded under the insurance policies. Since summaries are for informational purposes only, they should not be construed to constitute the entire insurance contracts. As the policies may contain additional coverages and restrictions, the exact wording should be consulted. Brief Summary of Law Enforcement Liability Deductibles This information is provided to present counties with a simple overview of county deductibles in the pool. It does not provide information on limits. The pool insuring agreements contain actual coverages and limits. The county has a $60,000 deductible for law enforcement liability claims. The county has a $40,000 deductible per jail claim (waived if: policy in place, documentation, checksheet for interval checks, enforce disciplinary action) The pool pays up to $1.0 million of each claim. CAPP's excess insurance carrier pays up to $18 million per claim with aggregates. Corn vl'1i Car --ions 0-I I 99 I at•I HR (3S/MRf KL), FiCCP/CO) 07/26/24 2024-1972 P£003ce IN Gallagher ••• CORE 360 Named Insured Schedule Colorado Counties Casualty and Property Pool including the following members: Alamosa Archuleta • Baca • Bent Chaffee • Cheyenne • Clear Creek • Conejos Costilla • Crowley • Custer • Delta Dolores Elbert • Fremont • Garfield • Gilpin • Grand • • Gunnison Hinsdale Huerfano Jackson Kiowa Kit Carson Lake Las Animas Lincoln Logan Mineral Moffat Montrose Morgan Otero Ouray Park Phillips Prowers • Pueblo • Rio Blanco • Rio Grande Routt • Saguache • San Juan • San Miguel Sedgwick • Summit • Teller • Washington Weld Yuma •�• Gallagher **•CORE 360' Program Details 40. Gallagher ***CORE 360 Law Enforcement Liability Claims Made Form Carrier: Lexington Insurance Company Policy Period: January 1, 2024 to January 1, 2025 Limits: Deductible: Amounts Coverages $ 4,000,000 $ 8,000,000 Each Claim Policy Annual Aggregate Amounts $ 1,000,000 Each Claim, including claims expenses Retroactive Dates: July 1, 1986 except for the following Counties: • Cheyenne County: 2/16/1987 • Delta County: 7/1/1988 • Fremont County: 7/1/1987 • Grand County: 7/1/1987 • Lake County: 4/1/1987 • Montrose County: 7/1/1987 • Weld County: 1/15/1986 • Custer County: 1/1/1997 Defense Provisions: ALAE: Inside the Underlying Limits and Inside the Limits of Insurance Terms: Pay on Behalf of Form Service of Process — All States Line of Duty Death — not to exceed $50,000 for voluntary payments; $100,000 max limit per policy period Definition of Claims: Claims — means a demand received by the insured for damages. More than one claim brought by persons or entities arising out of the same wrongful actor a series of acts all related to a single wrongful act shall be treated as a single claim and shall be deemed to have been made at the time that the first claim is made against any insured. Definition of Damages: Damages - means any monetary amount which the insured is legally obligated to pay as a result of a claim or a suit for a wrongful act covered by this policy and shall include, but not be limited to judgments and settlements. Damages do not include: 1. Claims expenses; 2. Fines, taxes or penalties; 3. Punitive or exemplary damages or the multiplied portion of a multiple damages award; 4. Amounts that may be deemed uninsurable under the law pursuant to which this policy is construed; or 5. Relief or redress in any form other than monetary damages, including the cost of complying with any injunctive, declaratory or equitable relief, remedy or order. Definition of Suit: Suit — means a civil proceeding in which damages because of a wrongful act to which this insurance applies are alleged. Suit includes, but is not limited to, the following: 1. An arbitrational proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or 2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which an insured submits with our consent. --:.2024 Arthur J. Gallagher & Co. All rights reserved. "'Gallagher ❖CORE 36O - Law Enforcement Liability (Continued) Claims Made Form Definition of Wrongful Act: Wrongful Act — means an actual or alleged negligent act, error or omission, or breach of duty by an insured while conducting law enforcement activities, which results in: 1. Personal injury; 2. Bodily injury; or 3. Property damage. All wrongful acts arising out of a common nexus of facts or circumstances or arising out of related or interrelated wrongful acts shall be deemed to be a single wrongful act and such wrongful act shall be deemed to have occurred when the first of such wrongful acts occurs. Exclusions: • Trade or Economic Sanctions • Nuclear Energy • Communicable Disease • Suicide • Injury caused by a beneficiary of this coverage • Heart attack or stroke which occurs more than 24 hours after the felonious injury • Terrorism Minimum Earned Premium: • 25% Audit Terms: • Flat, Non-Auditable Duties in the event of loss: 1. You must see to it that we are promptly notified of a wrongful act which may result in a claim. To the extent possible, notice should include: a. How, when and where the wrongful act took place; b. The names and addresses of any injured persons and any witnesses; and c. The nature and location of any injury or damage arising out of the wrongful act. 2. If a claim is made or suit is brought against any insured, you must: a. Immediately record the specifics of the claim or suit and the date received; and b. Notify us promptly. You must see to it that we receive written notice of the claim or suit promptly. 3. You and any other involved insured must: a. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit; b. Authorize us to obtain records and other information; c. Cooperate with us in the investigation or settlement of any claim, or defense against the suit; and d. Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. No insured will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent 5. Notwithstanding anything in this section to the contrary, the insured shall immediately provide us with written notice of any wrongful act that the insured becomes aware of which includes bodily injury of the following types: a. Death; b. Paralysis, paraplegia, or quadriplegia; c. Loss of vision; d. Spinal cord or brain injury; e. Dismemberment or amputation; f. Sensory organ or nerve injury or neurological deficit; g. Serious burns; h. Severe scarring; i. Sexual assault or battery including, but not limited to, rape, molestation, or sexual abuse; or j. Substantial disability or disfigurement. Claims Reporting Insured must provide written notice of any Instructions: claim or suit that will likely involve this policy and must do so as soon as practicable. 25 ,,2024 Arthur J. Gallagher 8, Co. All rights reserved. Summit Risk Services Attn: Alice Ivers 120 Gibraltar Road, Ste 210 Horsham, PA 19044 P: 215-443-3595 E: Newclaim summitrisk.co "Ai Gallagher •.•CORE 360' Excess Casualty $5M xs $5M Excess Follow Form Carriers: Allied World Assurance Company Policy Period: January 1, 2024 to January 1, 2025 Limits: Amounts Coverages $ 5,000,000 Each Occurrence/Wrongful Act $ 5,000,000 Combined Aggregate Coverage: Excess Follow Form Insurance per limits and schedule of underlying insurance below Underlying Coverage: Carrier Domestic Policies Limits Ambridge Follow Form Excess Lexington Ins. Co. Law Enforcement Liability $4,500,000 Each Occurrence $18,000,000 Aggregate $4,000,000 Each Occurrence $8,000,000 Aggregate Defense Provisions: • ALAE: Inside the Underlying Limits and Inside the Limits of Insurance Terms: • Follow Form Primary Liability Coverages, Terms, Conditions, Provisions and Exclusions • Pay on Behalf of Form • Excess over Claims Made Insurance provisions in Underlying Insurance • Drop Down Provisions Apply — if the applicable limits of the underlying insurance are reduced or exhausted by payment of damages, the limits of insurance of this policy will apply in excess of such reduced or exhausted limits. • Must comply with all U.S. economic and trade sanctions • Must notify carrier of any changes in case law or statutes in Colorado that materially affect the exposures insured hereunder • Must get prior approval for additional Members and additional Named Insureds added during the insurance period Exclusions: • Follow underlying policy exclusions • Cyber Liability • Organic Pathogens • War • Dam Failure • PFAS • Terrorism • Biometric Information and Data Privacy Minimum Earned Premium: • 35% Audit Terms: • Flat, Non-Auditable Claims Reporting • Insured must provide written notice of any claim or suit that will likely involve this policy Instructions: and must do so as soon as practicable. • Claims can be reported to Arthur J. Gallagher Risk Management Services, Inc. • Arthur J. Gallagher Risk Management Services, Inc. • Email: GGB.NRCCIaimsCenterWaiq.com Allied World Assurance Company Attn: Claims Department 199 Water Street, 29th Floor New Yok, NY 10038 E: AWACUS.GeneralCasualtyClaims aWawac.com 26 ?.:-2024 Arthur J. Gallagher & Co. All rights reserved. O. Gallagher ***CORE 360" Excess Law Enforcement — Aggregate Only Carriers: Hudson Excess Insurance Company Policy Period: January 1, 2024 to January 1, 2025 Limits: Coverage: Underlying Coverage: Deductible: Amounts Coverages $ 4,000,000 Each Wrongful Act $ 4,000,000 Aggregate Excess Follow Form Insurance per limits and schedule of underlying insurance below Carrier Domestic Policies Limits Lexington Ins. Co. Law Enforcement Liability $4,000,000 Each Occurrence $8,000,000 Aggregate Amounts Coverages 1,000,000 Each Wrongful Act with $8,000,000 Annual Aggregate Deductible (which is the PRU policy annual aggregate) Retroactive Dates: July 1, 1986 except for the following Counties: Cheyenne County: 2/16/1987 Delta County: 7/1/1988 Fremont County: 7/1/1987 Grand County: 7/1/1987 Lake County: 4/1/1987 Montrose County: 7/1/1987 Weld County: 1/15/1986 Defense Provisions: ALAE: Inside the Underlying Limits and Inside the Limits of Insurance Terms: • Follow Form Primary Liability Coverages, Terms, Conditions, Provisions and Exclusions • Pay on Behalf of Form • Excess Over Claims Made Insurance provisions in Underlying Insurance Exclusions: Minimum Earned Premium: Audit Terms: Claims Reporting Instructions: 2024 Arthur J. Gallagher 8, Co. All rights reserved. Follow underlying policy exclusions Cyber Liability Contagious Pathogens, Virus, Bacteria or Microorganisms Services Furnished by Health Care Providers Sexual Abuse and/or Molestation Liability Aircraft, Airport, exception for airport facilities Asbestos Dumps Eminent Domain or Inverse Condemnation Employer's Liability Fungus or Bacteria Lead Nuclear Hazard Pollution Punitive Damages Silica War Work Comp PFAS Sanctions 35% Flat, Non-Auditable Insured must provide written notice of any claim or suit that will likely involve this policy and must do so as soon as practicable. Claims can be reported to Arthur J. Gallagher Risk Management Services, Inc. Hudson Insurance Group E: Hudsonclaims300@hudsonins 100 Williams St, 4'h Floor, New York, NY 10038 P: 1-866-546-3981 Arthur J. Gallagher Risk Management Services, Inc. Email: GGB.NRCCIaimsCentereaia.com 27 AIGI LEXINGTON INSURANCE COMPANY LAW ENFORCEMENT LIABILITY COVERAGE FORM - DECLARATIONS NOTICE: THIS COVERAGE FORM PROVIDES CLAIMS MADE AND REPORTED COVERAGE. THIS COVERAGE FORM APPLIES ONLY TO THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED AND REPORTED TO THE COMPANY DURING THE POLICY PERIOD OR EXTENDED REPORTING PERIOD, IF APPLICABLE. PLEASE REVIEW THE POLICY CAREFULLY AND DISCUSS THE COVERAGE WITH YOUR INSURANCE AGENT OR BROKER. POLICY NUMBER: 038246861-01 RENEWAL OF POLICY NUMBER: 038246861-00 ITEM 1. Named Insured and Mailing Address Colorado Counties Casualty and Property Pool 800 Grant Street, Ste. 400 Denver, CO 80203 ITEM 2. Policy Period From: 1/1/2024 To: 1/1/2025 (12:01 am standard time at the address of the Named Insured shown in Item 1. above) ITEM 3. Limit of Liability ITEM 4. Deductible $4,000,000 each claim $8,000,000 policy aggregate $1,000,000 each claim, including ITEM 5. Total Premium $4,735,462 claims expenses ITEM 6. Retroactive Date, if applicable: (See Endorsement #7) SLT: $142,063.86 ITEM 7. Claims Notification Notice of a claim, or a wrongful act which may result in a claim, should be given to: Attn: Alice Ivers Summit Risk Services 120 Gibraltar Road, Suite 210 Horsham, PA 19044 Phone Number: 215-443-3595 (main) newclaimOsummitrisk.com ITEM 8. Forms and Endorsements attached to the policy at inception: PRG 4020 (10-20), 91222 (9-16), 118477 (3-15), PRG 4126 (11-22), PRG 4125 (11-22), 89644 (6-13), 119914 (10-16), PRG 2023 (5-14), PRG 4131 (11-22), PRG 4221 (02-23), PRG 4165 (12-22) — Retroactive Date, PRG 4165 (12-22) — Insured's Name SURPLUS LINES LICENSEE: CRC Corporate License 183767 This contract is delivered as a surplus line coverage under the 'Nonadmitted Insurance Act'. The insurer issuing this contract is not licensed in Colorado but is an ELIGIBLE nonadmitted insurer. There is no protection under the provisions of the 'Colorado Insurance Guaranty Association Act. Lou Levinson PRESIDENT ADDENDUM TO THE DECLARATIONS By signing below, the President and the Secretary of the Insurer agree on behalf of the Insurer to all the terms of this Policy. 47 Tanya Kent SECRETARY This policy shall not be valid unless signed at the time of issuance by an authorized representative of the Insurer, either below or on the Declarations page of the policy. Thomas McGrath AUTHORIZED REPRESENTATIVE PRG 4020 (10/20) POLICYHOLDER NOTICE Thank you for purchasing insurance from a member company of American International Group, Inc. (AIG). The AIG member companies generally pay compensation to brokers and independent agents and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aia.com/producer-compensation or by calling 1-800-706-3102. 91222 (9/16) Page 1 of 1 POLICYHOLDER NOTICE Taxes, Assessments and/or Surcharges The taxes, assessments and/or surcharges shown on the declarations page, or any premium schedule are collected on behalf of the applicable State(s) and in accordance with such State's laws and regulations. The payment of these taxes, assessments and/or surcharges is the responsibility of the Named Insured. In the event the applicable State implements a new tax, assessment and/or surcharge or increases such tax, assessment and/or surcharge during the term of this policy, the Named Insured shall remain responsible for the payment of all amounts due under the policy, including those newly implemented or increased taxes, assessments and/or surcharges. Any newly implemented or increased taxes, assessments and/or surcharges shall apply on the effective date dictated by the applicable State regardless: 1. Of when the Insurance Company implements the new or increased tax, assessment or surcharge into its systems; or 2. If the Insurance Company recalculates the Named Insured's premium in accordance with the policy's terms and conditions as part of a premium audit after the end of the policy period. 118477 (3/15) Page 1 of 1 POLICY NUMBER: 038246861-01 LAW ENFORCEMENT LIABILITY COVERAGE FORM CLAIMS MADE AND REPORTED FORM NOTICE: THIS COVERAGE FORM PROVIDES CLAIMS MADE AND REPORTED COVERAGE. THIS COVERAGE FORM APPLIES ONLY TO THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED AND REPORTED TO THE COMPANY DURING THE POLICY PERIOD OR EXTENDED REPORTING PERIOD, IF APPLICABLE. PLEASE REVIEW THE POLICY CAREFULLY AND DISCUSS THE COVERAGE WITH YOUR INSURANCE AGENT OR BROKER. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine your rights, duties, and what is and is not covered. This policy is incomplete unless the Declarations and all applicable forms, endorsements and applications are attached. Titles are used within this policy for convenience only and shall not control or affect the meaning or construction of any provision of this policy. Throughout this policy the words "you" and "your" refer to the named insured shown in the Declarations. The words "we", "us", and "our" refer to the company providing this insurance. Other words and phrases that appear in bold have special meaning and are defined in SECTION VI - DEFINITIONS. Singular words shall include the plural, and plural words shall include the singular. In consideration of the payment of the premium, in reliance upon the information in the written application made a part hereof, and subject to all of the provisions of this policy, we agree as follows: SECTION I — COVERAGE A. Insuring Agreement 1. We will pay on behalf of the insured those damages that the insured becomes legally obligated to pay as a result of a claim or suit arising out of a wrongful act to which this insurance applies; provided always that: a. The claim or suit, on account of such wrongful act, is first made against the insured and reported to us during the policy period, in compliance with SECTION V - CONDITIONS, part A., or any applicable reporting period under SECTION VI- EXTENDED REPORTING PERIODS; b. The wrongful act or related wrongful acts must have commenced to occur on or after the retroactive date, if applicable, shown on the Declarations, but prior to the end of the policy period; c. Such wrongful act takes place in the policy territory; and d. As of the inception date of this policy, no insured had any knowledge of any circumstance likely to result in or give rise to a claim or suit nor could have reasonably foreseen that a claim or suit might be made. For purposes of paragraph la. of SECTION I — COVERAGE, part A. Insuring Agreement, if, during the policy period or any applicable reporting period under SECTION VII - EXTENDED REPORTING PERIODS, the insured gives written notice to us, in accordance with SECTION V - CONDITIONS, part A., of a wrongful act likely to result in a claim or suit, then any claim or suit that may subsequently be made against an insured arising out of such wrongful act shall be deemed to have been made during the policy period or any applicable reporting period hereunder. 2. We will have the right and duty to defend the insured against any claim or suit seeking damages for a wrongful act to which this insurance applies even if the allegations of the claim or suit are groundless, false or fraudulent. However, we will have no duty to defend the insured against any suit seeking damages for a wrongful act to which this insurance does not apply. We may, at our discretion, investigate any wrongful act or settle any claim or suit that may result. However: PRG 4126 (11/22) ©AII rights reserved. Page 1 of 13 a. The amount we will pay for damages is limited as described in SECTION III - LIMITS OF LIABILITY; b. Our right and duty to defend end when we have used up the applicable Limit of Liability in the payment of judgments or settlements; and c. We shall have the right, but not the duty, to appeal any judgment. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION I - COVERAGE, B. Supplementary Payments. B. Supplementary Payments We will pay, in addition to the applicable Limits of Liability, with respect to any claim we investigate or suit we defend: 1. All claim expenses we incur, 2. Premiums on appeal bonds in any such claim or suit and the cost of bonds to release attachments, but only for bond amounts within the applicable Limit of Liability. We do not have an obligation to furnish any such bonds, 3. All reasonable expenses incurred by any insured at our request to assist us in the investigation or defense of the claim or suit, including actual loss of earnings up to $100 a day because of time off from work, and 4. All costs taxed against the insured in the suit. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. 5. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of liability, we will not pay any prejudgment interest based on that period of time after the offer. 6. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of liability. 7. Line of Duty Death Expenses Expenses incurred by the named insured not to exceed $50,000 for voluntary payments made by the named insured to the family, or members of the household, of an insured who is fatally injured as the result of a felony which occurs while that insured is acting within the course and scope of their employment for the named insured and during the policy period. The maximum limit for this coverage is $100,000 per policy period. These line of duty death expenses do not apply to: a. Suicide; b. Injury caused by a beneficiary of this coverage; c. Heart attack or stroke which occurs more than twenty-four (24) hours after the felonious injury; or d. Conditions or symptoms related to HIV, AIDS or any other communicable disease. SECTION II - EXCLUSIONS This insurance does not apply to any claim or suit arising out of: A. Auto, Watercraft or Aircraft Any liability, loss, costs, damages or expenses arising out of the ownership, maintenance, operation, use, loading or unloading, or negligent entrustment of any (a) automobile, watercraft, aircraft (including unmanned aircraft), motorcycle, or other motorized means of transportation owned by, operated by, rented by, or loaned to the insured; or (b) to any other automobile, watercraft, aircraft, motorcycle, or other motorized means of transportation operated by any person in the course of your employment. PRG 4126 (11/22) ©All rights reserved. Page 2 of 13 B. Pollution 1. Any liability which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time. 2. Any loss, cost or expense arising out of any: a. Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, pollutants. This exclusion shall not apply to the handling or use of tear gas, mace, pepper spray or any similar chemical agents or munitions by an individual insured while acting within the course and scope of your employment. C. Deliberate Statutory Violations, Willful and Dishonest Conduct or Criminal Acts Any liability, loss, costs, damages or expenses arising out of any: 1. Willful misconduct or dishonest, fraudulent, criminal or malicious act or omission by an insured; 2. Willful violation by an insured of any law, statute, ordinance, rule, or regulation; or 3. Gaining any profit, remuneration or advantage by an insured to which such insured is not legally entitled. However, we will provide a civil defense for a suit covered under this policy to an insured until it is determined by final adjudication that such insured committed such an act, omission or violation. D. Contractual Liability Any liability for which the insured is obligated to pay damages by reason of assumption of such liability under any contract or agreement whether written, oral, or implied. This exclusion does not apply to liability for damages: 1. For mutual law enforcement assistance contracts or agreements between political subdivisions; or 2. That the insured would have in the absence of the contract or agreement. E. Other than the Named Insured Any liability, loss, costs, damages or expenses arising out of the performance of any act or service of a law enforcement activities for anyone other than you. This exclusion shall not apply if the act or service arises as the result of a mutual law enforcement assistance contract or agreement between political subdivisions, nor does it apply to off -duty law enforcement activities("moonlighting") when approved by the named insured and declared on the application for this insurance. F. Workers' Compensation, Labor Related or Similar Laws Any liability, loss, costs, damages or expenses arising out of an actual or alleged violation of the Fair Labor Standards Act, the National Labor Relations Act, the Consolidated Omnibus Budget Reconciliation Act of 1985, the Occupational Safety and Health Act, Employee Retirement Income Security Act (ERISA), Consolidated Omnibus Budget Reconciliation Act of 1988 (COBRA), any workers' compensation, unemployment compensation, social security, or disability benefits law, other similar provisions of any federal, state, or local statutory or common law or any rules or regulations promulgated under any of the foregoing, including, but not limited to, any actual or alleged improper payroll practices, wage and hour policies, and payment of overtime or vacation pay. PRG 4126 (11/22) ©All rights reserved. Page 3 of 13 G. Injury to an Insured Any liability, loss, costs, damages or expenses sustained by any insured directly or indirectly related to his or her employment by you. H. Non -Monetary Damages Any relief or redress in any form other than damages, nor shall we have any obligation to indemnify an insured for any costs, fees or expenses which the insured shall become obligated to pay as a result of an adverse judgment for injunctive or declaratory relief; however, we will afford defense to an insured for such actions, claims, suits or demands, if not otherwise excluded, where compensatory damages are also requested in addition to the request for injunctive or declaratory relief. I. Investigative or Administrative Proceedings Any investigatory, administrative, disciplinary, or criminal proceeding against an individual insured, except that we may, at our own option, appoint counsel in the defense of any such proceeding. Should we elect to appoint counsel, such election shall not constitute a waiver or estoppel of any rights we may have pursuant to the terms, conditions, exclusions and limitations of the policy. J. Employment -Related Practices Any liability, loss, costs, damages, or expenses arising out of any: 1. Refusal to employ that person; 2. Termination of that person's employment; 3. Employment -related practices, policies, acts or omissions, including, but not limited to coercion, demotion, malicious prosecution, termination, refusal to employ, failure to promote, evaluation, reassignment, discipline, retaliation, defamation, harassment (including sexual harassment), humiliation or discrimination directed at that person; or 4. Labor or grievances dispute which is subject to a collective bargaining agreement. K. Medical Malpractice Any liability, loss, costs, damages or expenses arising out of medical malpractice, medical negligence or failure to render or provide medical services of any kind by a medical professional employed by you or acting on your behalf under a written contract or agreement. L. Damage to Property Property damage to: 1. Property owned, used, occupied by, or rented to the insured; or 2. Property in the care, custody, or control of the insured, or to property that the insured is for any purpose exercising physical control. This exclusion does not apply to personal property carried on persons at the time of their arrest, custody, or incarceration. M. Communicable Disease Any liability, loss, costs, damages, or expenses arising out of the actual or alleged transmission of any communicable disease including, but not limited to, the COVID-19 virus. Notwithstanding anything in this policy to the contrary, this exclusion applies even if the claim or suit is based upon, arising out of, directly or indirectly resulting from or in connection with any actual or alleged negligence or wrongful act by any insured in: PRG 4126 (11/22) ©All rights reserved. Page 4 of 13 1. The hiring, training, employing, monitoring or supervision of any employee or others, including any employee or others that may be infected with and/or spread communicable disease; 2. Controlling, monitoring, or supervising the care of any person in the care, custody or control of any insured; 3. Obtaining or providing medical treatment or medical monitoring for any person; 4. Testing or screening for communicable disease; 5. The quarantining of any person; 6. The failure to prevent the spread of communicable disease; 7. The failure to advise of the existence of communicable disease; or 8. The failure to report the communicable disease to the authorities. N. Nuclear Hazards Any liability, loss, costs, damages, or expenses arising out of nuclear fission, nuclear fusion, radioactive waste or radioactive contamination. O. War Any liability, loss, costs, damages or expenses, however caused, arising, directly or indirectly, out of: 1. War, including undeclared or civil war; 2. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or 3. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. However, this Subparagraph 3. shall not apply to an action taken by an insured in response to a riot, civil commotion or mob action. P. Terrorism Any injury or damage, including but not limited to bodily injury, property damage and personal injury, arising directly or indirectly, out of a certified act of terrorism. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this Policy. Q. Asbestos Any liability, loss, costs, damages or expenses arising out of the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of, or exposure to asbestos products, asbestos fibers or asbestos dust, or to any obligation of the insured to indemnify any party because of any liability arising out of the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of, or exposure to asbestos products, asbestos fibers or asbestos dust. R. Silica Any liability, loss, costs, damages or expenses arising out of the presence, ingestion, inhalation or absorption of or exposure to silica products, silica fibers, silica dust or silica in any form, or to any obligation of the insured to indemnify any party because of any liability arising out of the presence, ingestion, inhalation or absorption of or exposure to silica products, silica fibers, silica dust or silica in any form. PRG 4126 (11/22) ©All rights reserved. Page 5 of 13 S. Fungus Any liability, loss, costs, damages or expenses, including but not limited to, losses, costs, damages or expenses related to, arising from or associated with clean-up, remediation, containment, removal or abatement, caused directly or indirectly, in whole or in part, by: 1. Any fungus(i), mold(s), mildew or yeast, or 2. Any spore(s) or toxins created or produced by or emanating from such fungus(i), mold(s), mildew or yeast, or 3. Any substance, vapor, gas, or other emission or organic or inorganic body or substance produced by or arising out of any fungus(i), mold(s), mildew or yeast, or 4. Any material, product, building component, building or structure, or any concentration of moisture, water or other liquid within such material, product, building component, building or structure, that contains, harbors, nurtures or acts as a medium for any fungus(i), mold(s), mildew, yeast, or "spore(s)" or toxins emanating therefrom, Regardless of any other cause, event, material, product and/or building component that contributed concurrently or in any sequence to that bodily injury, property damage, personal injury, loss, cost or expense. T. Lead Any liability, loss, costs, damages, or expenses arising out of the presence, ingestion, inhalation, or absorption of or exposure to lead in any form or products containing lead. U. Sexual Abuse Any liability, loss, costs, damages or expenses arising out of the actual, alleged or threatened sexual abuse of any person committed by anyone. However, this exclusion shall not apply to the named insured unless the named insured knew or had reason to know of the sexual abuse. Also, we will provide a civil defense for a suit covered under this policy to a named insured until it is determined by final adjudication that such named insured committed such an act. SECTION III - LIMITS OF LIABILITY A. The Limits of Liability shown in the Declarations and the rules below fix the most we will pay regardless of the number of: 1. Insureds; 2. Claims made or suits brought; or 3. Persons or organizations making a claim or bringing a suit. B. The most we will pay for all damages as a result of all claims or suits covered under this policy is the amount stated in Item 3. of the Declarations as the Policy Aggregate. C. Subject to the Policy Aggregate limit shown in Item 3. of the Declarations, the most we will pay for all damages resulting from any one claim or suit covered under this policy is the amount stated in Item 3. of the Declarations as the each claim limit. D. The Limits of Liability for this coverage apply separately to each consecutive annual period and to any remaining period of less than twelve (12) months, other than a reporting period, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than (twelve) 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Liability. PRG 4126 (11/22) ©AII rights reserved. Page 6 of 13 E. Any applicable reporting period under SECTION VII - EXTENDED REPORTING PERIODS shall be deemed to be part of the last preceding policy period for purposes of determining the Limits of Liability. The Limits of Liability do not apply separately to any reporting period under SECTION VII - EXTENDED REPORTING PERIODS. SECTION IV - DEDUCTIBLE Our obligation to pay, or reimburse the insured, for damages and/or claim expenses associated with any single claim covered under this policy will apply to that amount of the damages and/or claim expenses that exceed the claim Deductible as set forth in Item 4. of the Declarations. We will have no obligation to pay all or any portion of any Deductible amount on behalf of any insured, although we may, at our sole discretion, advance such amount, in which event the insured agrees to repay any amounts so advanced upon our written request. SECTION V - CONDITIONS A. Duties in the Event of a Wrongful Act, Claim or Suit 1. You must see to it that we are promptly notified of a wrongful act which may result in a claim. To the extent possible, notice should include: a. How, when and where the wrongful act took place; b. The names and addresses of any injured persons and any witnesses; and c. The nature and location of any injury or damage arising out of the wrongful act. 2. If a claim is made or suit is brought against any insured, you must a. Immediately record the specifics of the claim or suit and the date received; and b. Notify us promptly. You must see to it that we receive written notice of the claim or suit promptly. 3. You and any other involved insured must: a. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit; b. Authorize us to obtain records and other information; c. Cooperate with us in the investigation or settlement of any claim, or defense against the suit; and d. Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. No insured will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent 5. Notwithstanding anything in this section to the contrary, the insured shall immediately provide us with written notice of any wrongful act that the insured becomes aware of which includes bodily injury of the following types: a Death; b. Paralysis, paraplegia, or quadriplegia; c. Loss of vision; d. Spinal cord or brain injury; e. Dismemberment or amputation; PRG 4126 (11/22). ©All rights reserved. Page 7 of 13 f. Sensory organ or nerve injury or neurological deficit; g. Serious burns; h. Severe scarring; i. Sexual assault or battery including, but not limited to, rape, molestation, or sexual abuse; or j. Substantial disability or disfigurement. B. Legal Action Against Us No person or organization has a right under this policy: 1. To join us as a party or otherwise bring us into a suit asking for damages from an insured; or 2. To sue us under this policy unless all terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial. However, we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limit of Liability. An agreed settlement means a settlement and release of liability signed by us, the insured, and the claimant or the claimant's legal representative. C. Other insurance If other insurance is available to the insured for a wrongful act covered by this policy, the insurance provided by this policy shall apply in excess of such other insurance, whether or not the other insurance: 1. Is valid or collectible; or 2. Provided on a primary, excess, contingent, or any other basis, unless specifically written to be excess of this policy. D. Material Representations By accepting this policy, you represent and agree as a condition to coverage: 1. That the statements in the Declarations are accurate and complete; 2. That the statements made in the application, attachments, and any other materials submitted are true and are the basis of this coverage and are to be considered as incorporated into and constituting a part of this policy; 3. That the statements made in the application, attachments, and any other material submitted are representations and that such representations are deemed material to the acceptance of the risk or the hazard assumed by us under the policy and that this policy is issued in reliance upon the truth of such representations; and 4. That in the event that the application, including attachments and any other materials submitted, contains misrepresentations which materially affect either the acceptance of the risk or the hazard assumed by us, this policy in its entirety shall be void and of no effect. E. Separation of Insured: Except with respect to the Limits of Liability, and any rights or duties specifically assigned in this policy to the first named insured, this policy applies: 1. As if each named insured were the only named insured; and 2. Separately to each insured against whom claim is made or suit is brought. PRG 4126 (11/22) ©All rights reserved. Page 8 of 13 F. Transfer of Rights of Recovery Against Others to Us If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing to impair them. At our request, the insured will bring legal action or transfer those rights to us and help us enforce them. G. Sovereign Immunity Defense We will use the defense of sovereign immunity, to which you may be entitled as a public entity, only when you agree with us in its use. If you do not agree with us in using the defense of sovereign immunity, you release us from all liability for having not asserted sovereign immunity as a defense. H. Consent to Settle We will consult with the named insured when we settle a claim or suit. If the named insured refuses to consent to any settlement offer that is acceptable to us and the claimant, and the named insured elects to contest the claim or suit or continue any legal proceeding in connection with such claim or suit, our liability will not exceed the settlement offer plus supplementary payments incurred as of the date of such refusal. I. Cancellation 1. The first named insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation; 2. We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 60 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first named insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation and the policy period will end on that date. 5. If this policy is canceled, we will send the first named insured any premium refund due. If we cancel, the refund will be pro rata. If the first named insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. J. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first named insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. The terms of this policy can be amended or waived only by an endorsement issued by us and made a part of this policy. K. Examination of Your Books and Records We may examine and audit your books and records as they relate to this policy at any time during the policy period, and for up to three (3) years following the expiration date. L. Inspections and Surveys We have the right, but are not obligated, to make inspections and surveys at any time. We will give you reports on the conditions we find and recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. PRG 4126 (11/22) ©All rights reserved. Page 9 of 13 We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions are safe or healthful, or comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service, or similar organization which make insurance inspections, surveys, reports or recommendations. M. Premiums The first named insured shown in the Declarations is responsible for the payment of all premiums and will receive any return premiums. N. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. SECTION VI - DEFINITIONS Whenever used in this policy, the following words have these meanings: A. Automobile — means: 1. A land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law or other motor vehicle insurance law where it is licensed or principally garaged. B. Bodily Injury — means physical injury to any person including death, sickness, disease, mental anguish, or mental suffering associated with or arising from such physical injury, including bodily injury arising out of assault or battery. C. 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: 1. 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 2. 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. D. Claim — means a demand received by the insured for damages. More than one claim brought by persons or entities arising out of the same wrongful act or a series of acts all related to a single wrongful act shall be treated as a single claim and shall be deemed to have been made at the time that the first claim is made against any insured. E. Claim Expenses — means fees charged by an attorney designated by us or designated by the insured with our prior written consent, and all other fees, costs, and expenses resulting from the investigation, adjustment, defense, and appeal of a claim. Claim expenses shall not include salaries of employees of ours or the insured. F. Communicable disease means any infectious or contagious substance: 1. Including, but not limited to, a virus, bacterium, parasite or other organism or any mutation thereof, whether deemed living or not, and 2. Regardless of the method of transmission, whether direct or indirect, including, but not limited to, airborne transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid or gas or between humans, animals, or from any animal to any human or from any human to any animal, PRG 4126 (11/22) ©All rights reserved. Page 10 of 13 that can cause any disease, illness, or bodily condition or exacerbate or accelerate an existing disease, illness or bodily condition. G. Damages — means any monetary amount which the insured is legally obligated to pay as a result of a claim or a suit for a wrongful act covered by this policy and shall include, but not be limited to judgments and settlements. Damages do not include: 1. Claims expenses; 2. Fines, taxes or penalties; 3. Punitive or exemplary damages or the multiplied portion of a multiple damages award; 4. Amounts that may be deemed uninsurable under the law pursuant to which this policy is construed; or 5. Relief or redress in any form other than monetary damages, including the cost of complying with any injunctive, declaratory or equitable relief, remedy or order. H. Fungus(i) includes, but is not limited to, any of the plants or organisms belonging to the major group fungi, lacking chlorophyll, and including mold(s), rusts, mildews, smuts, and mushrooms. I. Insured — means: 1. You; 2. Your past, present or future, full or part-time employees; 3. Your past, present or future, lawfully elected, appointed or employed officials, but only with respect to liability arising out of law enforcement activities; 4. Past, present or future auxiliary and volunteer law enforcement officers, and reserves serving under your direction and control, with respect to liability arising out of law enforcement activities; 5. In the event of death, incapacity or bankruptcy of a natural person Insured, such Insured's estates, heirs, legal representatives or assigns but only in connection with a claim or suit arising from an alleged wrongful act caused by such natural person insured; or 6. The lawful spouse or domestic partner of any individual insured identified in the paragraphs above, but only with respect to liability arising out of wrongful acts committed by such individual, and provided that such spouse or domestic partner is represented by the same counsel as such individual with respect to any claim or suit. J. Medical Professional — means an individual or group who provides preventive, curative, promotional or rehabilitative health care services, including but not limited to doctors, physicians, nurses, dentists, emergency medical technicians, mental health professionals, social workers, psychologists or psychiatrists. Provided, however, medical professional shall not include correctional or law enforcement officers employed by you. K. Mold(s) includes, but is not limited to, any superficial growth produced on damp or decaying organic matter or on living organisms, and fungi that produce molds. L. Named Insured — means the entity named in Item 1. of the Declarations. M. Personal Injury — means injury, other than bodily injury, arising out of one or more of the following: 1. Assault and/or battery; 2. False arrest, detention or imprisonment, or malicious prosecution; 3. False or improper service of process; 4. Humiliation or mental distress; PRG 4126 (11/22) ©All rights reserved. Page 11 of 13 5. The publication or utterance of libel or slander or other defamatory or disparaging material, or a publication or utterance in violation of an individual's right to privacy, except publications or utterances in the course of or related to advertising, broadcasting or telecasting by or on your behalf; 6. Violation of civil rights or discrimination protected under 42 U.S. Code § 1981. et sequentia or any similar state civil rights law; or 7. Wrongful entry, eviction or other invasion or denial of the right of public occupancy, if such offense occurs during the policy period. N. Policy Territory — means coverage is worldwide provided that the claim or suit is brought within the United States of America, its territories or possessions, or Puerto Rico. This policy shall not apply to any risk which would be in violation of the laws of the United States including, but not limited to, U.S. economic or trade sanction laws or export control laws administered by the U.S. Department of Treasury, U.S. Department of State, and U.S. Department of Commerce. O. Pollutants — mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. P. Property Damage — means: 1. physical injury to or destruction of tangible property, including loss of use thereof at any time resulting therefrom; or 2. loss of use of tangible property which has not been physically injured or destroyed. Q. Sexual abuse means any actual, attempted or alleged sexual conduct by a person, or by persons acting in concert, which causes injury. Sexual abuse includes sexual molestation, sexual assault, sexual exploitation, or sexual injury, but does not include sexual harassment. R. Sexual harassment means any actual, attempted or alleged unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature by a person, or by persons acting in concert, which causes injury, but only when: 1. Submission to or rejection of such conduct is made either explicitly or implicitly a condition of a person's employment, or a basis for employment decisions affecting a person; or 2. Such conduct has the purpose or effect of interfering with a person's work performance or creating an intimidating, hostile or offensive work environment. S. Spore(s) means any dormant or reproductive body produced by or arising or emanating out of any fungus(i), mold(s), mildew, plants, organisms or microorganisms. T. Suit — means a civil proceeding in which damages because of a wrongful act to which this insurance applies are alleged. Suit includes, but is not limited to, the following: 1. An arbitrational proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or 2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which an insured submits with our consent. U. Unmanned Aircraft — means an aircraft that is designed, manufactured, or modified after it is manufactured, to be controlled remotely by a person outside the aircraft. V. Wrongful Act — means an actual or alleged negligent act, error or omission, or breach of duty by an insured while conducting law enforcement activities, which results in: 1. Personal injury; 2. Bodily injury; or PRG 4126 (11/22) ©All rights reserved. Page 12 of 13 3. Property damage. All wrongful acts arising out of a common nexus of facts or circumstances or arising out of related or interrelated wrongful acts shall be deemed to be a single wrongful act and such wrongful act shall be deemed to have occurred when the first of such wrongful acts occurs. SECTION VII - EXTENDED REPORTING PERIODS A. We will provide one or more extended reporting periods as described below. B. The extended reporting periods do not extend the policy period or change the scope of coverage provided under this policy and apply only to a claim for damages arising out of wrongful acts that occur on or after the retroactive date and before the end of the policy period. C. The extended reporting periods do not reinstate or increase the Limits of Liability. D. A Basic Extended Reporting Period of sixty (60) days from the effective date of expiry or cancellation or nonrenewal of this policy is automatically provided without an additional charge. Subject to the terms of this policy, the Basic Extended Reporting Period applies to claims for damages that are first made against an insured during the policy period and reported to us in accordance with SECTION V - CONDITIONS - Item A., no later than the end of the Basic Extended Reporting Period. The Basic Extended Reporting Period does not apply to a claim covered under any other insurance purchased subsequent to, or to replace, this policy. E. If this policy is canceled or not renewed for any reason other than nonpayment of premium or any other amount owed to us, an Optional Extended Reporting Period will be offered to you, subject to the payment of additional premium, and shall take effect on the effective date of cancellation or nonrenewal of this policy. The Optional Extended Reporting Period will remain in effect for a period of one, two, or three years, depending on which Optional Extended Reporting Period you purchase. Subject to the terms of this policy, the Optional Extended Reporting Period applies to a claim for damages reported to us, in accordance with SECTION VI - CONDITIONS - Item A., no later than the end of the purchased Optional Reporting Period. Nonrenewal by us shall mean the refusal by us to renew the policy on any terms. Nonrenewal by us shall not mean a change in premium, deductibles, Limits of Liability or other terms. The additional premium for the Optional Extended Reporting Period will depend on which option you choose, as shown below, but will be no more than 150% of the annual premium for the last policy period. Option 1 1 year 75% Option 2 2 years 125% Option 3 3 years 150% We must receive a written request from you, together with payment of the additional premium due, within sixty (60) days after the effective date of cancellation or nonrenewal of this policy if you wish to purchase one of the Optional Extended Reporting Periods. You must state in your request which Optional Extended Reporting Period you wish to purchase. The Optional Extended Reporting Period will not go into effect unless you pay, and we acknowledge receipt of the additional premium when due. Once in effect, the Optional Extended Reporting Period may not be canceled and the premium for the Optional Extended Reporting Period is fully earned. The Optional Extended Reporting Period does not apply to claims covered under any other insurance purchased subsequent to, or to replace, this policy. PRG 4126 (11/22) ©All rights reserved. Page 13 of 13 ENDORSEMENT #1 This endorsement, effective 1/1/2024 at 12:01 am, forms a part of Policy No. 038246861-01 issued to Colorado Counties Casualty and Property Pool by Lexington Insurance Company. CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following: LAW ENFORCEMENT LIABILITY COVERAGE FORM PUBLIC OFFICIALS AND EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM EDUCATORS LEGAL LIABILITY COVERAGE FORM Section II - EXCLUSIONS is amended to include the following additional exclusion: Any liability, loss, costs, damages, or expenses arising out of: 1. Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or 2. The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph 1. or 2. above. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. All other terms and conditions of the policy remain the same. PRG 4125 (11/22) ©All rights reserved. Page 1 of 1 ENDORSEMENT #2 This endorsement, effective 1/1/2024 at 12:01 am, forms a part of Policy No. 038246861-01 issued to Colorado Counties Casualty and Property Pool by Lexington Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC SANCTIONS ENDORSEMENT This endorsement modifies insurance provided under the following: The Insurer shall not be deemed to provide cover and the Insurer shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose the Insurer, its parent company or its ultimate controlling entity to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union or the United States of America. 89644 (6/13) Page 1 of 1 ENDORSEMENT #3 This endorsement, effective 1/1/2024 at 12:01 am, forms a part of Policy No. 038246861-01 issued to Colorado Counties Casualty and Property Pool by Lexington Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION ENDORSEMENT The following exclusion is added to the Policy: Recording And Distribution of Material Or Information In Violation Of Law Any liability arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. All other terms and conditions of the policy remain the same. 119914 (10/16) Includes copyrighted material of Insurance Services Office, Inc with permission. Page 1 of 1 ENDORSEMENT #4 This endorsement, effective 1/1/2024 at 12:01 am, forms a part of Policy No. 038246861-01 issued to Colorado Counties Casualty and Property Pool by Lexington Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT CONDITION This endorsement modifies insurance provided under the policy: The following condition is added to this policy and, if applicable, supersedes any Service of Suit Condition currently provided therein: In the event of our failure to pay any amount claimed to be due hereunder, we, at your request, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon Counsel, Legal Department, Lexington Insurance Company, 99 High Street, Boston, Massachusetts 02110 or his or her representative, and that in any suit instituted against us upon this Policy, we will abide by the final decision of such court or of any appellate court in the event of any appeal. Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefor, we hereby designate the Superintendent, Commissioner or Director of Insurance, or other officer specified for that purpose in the statute, or his or her successors in office, as our true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by you or on your behalf or any beneficiary hereunder arising out of this Policy of insurance, and hereby designates the above named Counsel as the person to whom the said officer is authorized to mail such process or a true copy thereof. All other terms and conditions of the policy remain the same. PRG 2023 (5/14) Page 1 of 1 ENDORSEMENT #5 This endorsement, effective 1/1/2024 at 12:01 am, forms a part of Policy No. 038246861-01 issued to Colorado Counties Casualty and Property Pool by Lexington Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT - 25% MINIMUM EARNED PREMIUM AT INCEPTION This endorsement modifies insurance provided under the following: Law Enforcement Liability Coverage Form Notwithstanding the Cancellation Condition, in the event of cancellation of this policy by the first named insured, we shall retain a Minimum Earned Premium of twenty-five percent (25%). All other terms and conditions of the policy remain the same. PRG 4131 (11/22) ©All rights reserved. Page 1 of 1 ENDORSEMENT #6 This endorsement, effective 1/1/2024 at 12:01 am, forms a part of Policy No. 038246861-01 issued to Colorado Counties Casualty and Property Pool by Lexington Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT - SELF -INSURED RETENTION This endorsement modifies insurance provided by the policy: Law Enforcement Liability Coverage Form — Claims Made And Reported Form I. It is understood and agreed that SECTION III - LIMITS OF LIABILITY is amended to include the following: F. The LIMITS OF LIABILITY as set forth in Item 3 of the Declarations shall apply excess of a Self - Insured Retention in the amount of: $1,000,000 each claim and you agree to assume the Self -Insured Retention. The Self -Insured Retention, or any part of it, shall not be insured without our prior written approval. II. It is understood and agreed that SECTION I — COVERAGE, subsection A. Insuring Agreement, paragraph 2. is deleted in its entirety and replaced by the following: A. Insuring Agreement 2. Defense and Settlement Obligations a. We do not have the duty to investigate or defend any claim or suit seeking damages for a wrongful act unless and until the Self -Insured Retention is exhausted. However, we may, at our discretion and expense, participate with you in the investigation of any such wrongful act, and the defense of any such claim or suit that may result. b. Once the Self -insured Retention is exhausted, with respect to any specific claim or suit, we will have the right and duty to defend the insured against any claim or suit seeking damages for a wrongful act to which this insurance applies even if the allegations of the claim or suit are groundless, false or fraudulent. However, we will have no duty to defend the insured against any suit seeking damages for a wrongful act to which this insurance does not apply. We may, at our sole discretion, investigate any wrongful act or settle any claim or suit that may result. However: (1) The amount we will pay for damages is limited as described in SECTION III - LIMITS OF LIABILITY; (2) Our right and duty to defend end when we have used up the applicable Limit of Liability in the payment of judgments or settlements; and (3) We shall have the right, but not the duty, to appeal any judgment. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION I - COVERAGE, B. Supplementary Payments. PRG 4221 (02/23) ©All rights reserved. Page 1 of 3 c. In no event shall you agree to a settlement in excess of the Self -Insured Retention without our prior written approval. d. There will be no reduction of the Self -Insured Retention because of payment of claims or suits arising from claims or suits for which coverage is not afforded by the policy. e. Your bankruptcy, insolvency, inability to pay, failure to pay, or refusal to pay the Self - Insured Retention will not increase our obligations under the policy. In the event there is insurance, whether or not applicable to a wrongful act, claim or suit within the Self - Insured Retention, you will continue to be responsible for the full amount of the Self - Insured Retention, before the Limits of Liability under this policy apply. In no case will we be required to pay the Self -Insured Retention, or any portion thereof. III. For the purposes of this endorsement only, SECTION V - CONDITIONS, subsection A. Duties in the Event of a Wrongful Act, Claim or Suit is deleted in its entirety and replaced with: A. Duties in the Event of a Wrongful Act, Claim or Suit 1. You shall immediately notify us in writing, in accordance with the terms of the policy, of any wrongful act which may result in a claim, which: a. Involves serious bodily injury, including but not limited to, burns, spinal cord injury, amputation, brain damage, loss of eyesight or hearing, a fatality, sexual assault or battery including, but not limited to, rape, molestation, or sexual abuse, or any claim which is likely to exceed 50 % of the Self -Insured Retention, or for which you have established a reserve (including Indemnity and claim expenses) at or more than 50% of the Self - Insured Retention, b. You receive notice of a suit in which the damage demand exceeds the Self -Insured Retention, and/or c. You receive notice of a suit which requests punitive damages. 2. On a quarterly basis, you must provide us with a written summary (loss run) of all wrongful acts, claims, or suits which have or may result in payments within the Self -Insured Retention. This written summary must show: a. The date of the wrongful acts, claims or suits; and b. The name(s) of the injured person(s) or identification of the damaged property; and c. A description of the injury or damage; and d. The amount paid or reserved, including claim expenses, resulting from the wrongful acts, claim or suit. 3. If you contract with an independent firm for the purpose of providing claim services (hereinafter, such firm is referred to as the "TPA"), you shall maintain a written service agreement with such TPA as named below and pay such TPA without reimbursement from us. The service agreement shall require that all claims or suits shall be administered by the TPA. 4. You may not, without our written consent, cancel, amend, or suspend the service agreement between you and the TPA. PRG 4221 (02/23) ©All rights reserved. Page 2 of 3 5. You and any other involved insured must: a. Authorize us to obtain records and other information; b. Cooperate with us in the investigation or settlement of any claim, or defense against the suit; and c. Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 6. Loss settlements made by you or the TPA will be made in accordance with the terms and conditions of the policy. TPA: Address: IV. SECTION V - CONDITIONS, subsection H. Consent to Settle is deleted in its entirety and replaced with the following: H. Consent to Settle If you refuse to agree to a settlement we recommend and the resulting judgment or settlement exceeds our recommended settlement, our liability for that wrongful act, claim or suit, subject to the Limits of Liability, will not exceed our recommended settlement amount (less any amount of the Self -Insured Retention remaining). In such event, we will have no further obligation with respect to claim expenses subsequent to the date of such refusal. V. For claim expenses incurred by the insured with the Self -Insured Retention, SECTION VI - DEFINITIONS, subsection E. Claim Expenses is deleted in its entirety and replaced by the following: E. Claim Expenses — means all fees for service of process and court costs and court expenses; pre- and post -judgment interest; attorneys' fees; cost of undercover operative and detective services; costs of employing experts; costs for legal transcripts, copies of any public records, and costs of depositions and court reported or recorded statements; costs and expenses of subrogation; and any similar fee, cost or expense reasonably chargeable to the investigation, negotiation, settlement or defense of a loss or a claim or suit against you or any insured under the policy, or for the protection and perfection of your or our subrogation rights. Claim Expenses shall not include your or our general overhead, the salary and employee benefits of any of our employees, nor the fees of any attorney who is our employee or under our permanent retainer; nor the fees of any attorney we retain to provide counsel to us about our obligations, if any, under any policy issued by us or our affiliated company(ies), with respect to a claim or suit against you. VI. For the purposes of this endorsement only, SECTION IV — DEDUCTIBLE is deleted in its entirety. All other terms and conditions of the policy remain the same. PRG 4165 (12/22) SAIl rights reserved. ENDORSEMENT #7 This endorsement, effective 1/1/2024 at 12:01 am, forms a part of Policy No. 038246861-01 issued to Colorado Counties Casualty and Property Pool by Lexington Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT - POLICY CHANGES The following item(s): ❑ Insured's Name O Insured's Mailing Address ❑ Policy Number O Coverage Forms and Endorsements ❑ Effective/Expiration Date O Deductibles/Self-Insured Retention ❑ Limits/Exposures El Retroactive Date is (are) changed to read (See Additional Page(s)}: CHANGES: ITEM 6 as shown on the Declarations is amended to reflect a distinct retroactive date for each participating member as follows: The above amendments result in a change in the premium as follows: ❑x NO CHANGES O ADDITIONAL PREMIUM $ RETURN PREMIUM $ All other terms and conditions of the policy remain the same. PRG 4165 (12/22) ©All rights reserved. Page 1 of 2 MEMBER COUNTY RETOACTIVE DATE MEMBER COUNTY RETOACTIVE DATE Alamosa July 1, 1986 Las Animas July 1, 1986 Archuleta July 1, 1986 Lincoln July 1, 1986 Baca July 1, 1986 Logan July 1, 1986 / Bent July 1, 1986 Mineral July 1, 1986 Chaffee July 1, 1986 Moffat July 1, 1986 Cheyenne February 16, 1987 Montrose July 1, 1987 Clear Creek July 1, 1986 Morgan July 1, 1986 Conejos July 1, 1986 Otero July 1, 1986 Costilla July 1, 1986 Ouray July 1, 1986 Crowley July 1, 1986 Park July 1, 1986 Custer January 1, 1997 Phillips July 1, 1986 Delta July 1, 1988 Prowers July 1, 1986 Dolores July 1, 1986 Pueblo July 1, 1986 Elbert July 1, 1986 Rio Blanco July 1, 1986 Fremont July 1, 1987 Rio Grande July 1, 1986 Garfield July 1, 1986 Routt July 1, 1986 Gilpin July 1, 1986 Saguache July 1, 1986 Grand July 1, 1987 San Juan July 1, 1986 Gunnison July 1, 1986 San Miguel July 1, 1986 Hinsdale July 1, 1986 Sedgwick July 1, 1986 Huerfano July 1, 1986 Summit July 1, 1986 Jackson July 1, 1986 Teller July 1, 1986 Kiowa July 1, 1986 Washington July 1, 1986 Kit Carson July 1, 1986 Weld January 15, 1986 Lake April 1, 1987 Yuma July 1, 1986 PRG 4165 (12/22) ©All rights reserved. Page 2 of 2 ENDORSEMENT #8 This endorsement, effective 1/1/2024 at 12:01 am, forms a part of Policy No. 038246861-01 issued to Colorado Counties Casualty and Property Pool by Lexington Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT - POLICY CHANGES The following item(s): Q Insured's Name O Insured's Mailing Address ❑ Policy Number O Coverage Forms and Endorsements ❑ Effective/Expiration Date O Deductibles/Self-Insured Retention ❑ Limits/Exposures O is (are) changed to read (See Additional Page(s)}: CHANGES: The Named Insured, Colorado Counties Casualty and Property Pool, shown as Item 1 on the Declaration Page PRG 4158 (12/22) shall also include the following participating members in addition to the Named Insured: The above amendments result in a change in the premium as follows: NO CHANGES ADDITIONAL PREMIUM RETURN PREMIUM All other terms and conditions of the policy remain the same. PRG 4165 (12/22) O0AII rights reserved. Page 1 of 2 SCHEDULE OF PARTICIPATING MEMBERS Alamosa Las Animas Archuleta Lincoln Baca Logan Bent Mineral Chaffee Moffat Cheyenne Montrose Clear Creek Morgan Conejos Otero Costilla Ouray Crowley Park Custer Phillips Delta Prowers Dolores Pueblo Elbert Rio Blanco Fremont Rio Grande Garfield Routt Gilpin Saguache Grand San Juan Gunnison San Miguel Hinsdale Sedgwick Huerfano Summit Jackson Teller Kiowa Washington Kit Carson Weld Lake Yuma PRG 4165 (12/22) ©All rights reserved. Page 2 of 2 HUDSON INSURANCE GROUP® This policy is issued by a non -admitted insurer; in the event of the insolvency of such insurer, this policy will not be covered by the: Colorado Insurance Guaranty Association Policy Number: I AR0017-01 I 1 _ . COMMON POLICY DECLARATIONS FOR GOVERNMENTAL ALTERNATIVE SOLUTIONS Named Insured and Mailing Address: Colorado Counties Casualty and Property Pool, CO (See Member's List) 800 Grant Street, Suite 400 Denver, CO 80203 Policy Period: From: 01/01/2024 To: 01/01/2025 At 12:01 A. M. Standard Time at your mailing address shown above. THIS POLICY MAY CONTAIN OCCURRENCE COVERAGES, CLAIMS -MADE COVERAGES OR A COMBINATION OF OCCURRENCE AND CLAIMS -MADE COVERAGES. PLEASE READ THE ENTIRE POLICY CAREFULLY TO DETERMINE RIGHTS AND DUTIES, AND WHAT IS AND IS NOT COVERED.PLEASE READ THE ENTIRE POLICY CAREFULLY. Retroactive Date(s): See Supplemental Declarations — Limits of Insurance Business Description: Counties I Form of Business: Public Entity In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. This policy consists of the following coverage parts for which a premium is indicated. Where no premium is shown, there is no coverage. Coverage Part(s) Premium Coverage Part I: Auto Liability Not Included Coverage Part II: Auto Physical Damage Not Included Coverage Part III: General Liability Not Included Coverage Part IV: Public Officials Liability Not Included Coverage Part V: Employment Practices Liability Not Included Coverage Part VI: Law Enforcement Liability Included Coverage Part VII: Sexual Abuse and/or Molestation Liability Not Included Terrorism (TRIPRA): Total Policy Premium: $567,544.00 Plus all applicable charges: . Fees: N/A State Surcharges: N/A Payable: Premium is Minimum and Deposit. Loss Fund is fully earned at inception. Premium is due in full at inception. This policy is a claims -made policy which provides liability SLT Tax: $17,026.32 coverage only if a claim is made during the policy period or any applicable extended reporting period. SURPLUS LINES LICENSEE: CRC Corporate License 183767 This contract is delivered as a surplus line coverage under the'Nonadmiffedg e 1 17 Insurance Act'. The insurer issuing this contract is not licensed in Colorado Dec -0010 0216 but is an ELIGIBLE nonadmitted insurer. There is no protection under the provisions of the 'Colorado Insurance Guaranty Association Act'. INSURANCE GROUP C) HUDSON Forms and Endorsements: See Policy Forms and Endorsements List Form(s) and Endorsement(s) made a part of this policy at the time of issue: See Date: Authorized Representative Date Licensed Producer Signature, if required by law THIS COMMON POLICY DECLARATIONS AND THE SUPPLEMENTAL DECLARATION(S), TOGETHER WITH THE COVERAGE PART(S), COVERAGE FORM(S), AND ENDORSEMENTS, IF ANY, COMPLETE THE ABOVE NUMBERED POLICY. Dec -0010 0216 Page 2)7 HUDSON INSURANCE GROUP® SIGNATURE ENDORSEMENT Named Insured: l Policy Number: l Countersigned by: Endorsement Number: Endorsement Effective: (Authorized Representative) The above is required to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The Company has caused this policy to be signed by its President and Secretary, but this policy shall not be valid unless countersigned by an authorized representative of the Company, where required. Hudson Excess Insurance Company Secretary /Aft -- President All Other Terms and Conditions Remain Unchanged. Page 3(7 Dec -0010 0216 INSURANCE GROUP @ OD HUDSON GOVERNMENTAL ALTERNATIVE SOLUTIONS SUPPLEMENTAL DECLARATIONS LIMITS OF INSURANCE Coverage I Auto Liability Combined Single Limit: $ N/A Uninsured / Underinsured Limit: $ N/A Coverage II Auto Physical Damage Loss Limit: $ N/A Coverage III General Liability Each Occurrence Limit: $ N/A Damage to Premises Rented to You Limit: $ N/A Personal and Advertising Limit: $ N/A Failure to Supply Limit: $ N/A General Aggregate Limit: $ N/A Products/Completed Operations Aggregate Limit: $ N/A Coverage IV Public Officials Liability Each "Public Official's Wrongful Act Limit: $ N/A Annual Aggregate Limit: $ N/A Claims -Made: ❑ I Occurrence: ❑ Retroactive Date: Coverage V Employment Practices Liability Each "Employment Practices Wrongful Act" Limit: $ N/A Annual Aggregate Limit: $ N/A Claims -Made: ❑ I Occurrence: ❑ Retroactive Date: Coverage VI Law Enforcement Liability Each "Law Enforcement Wrongful Act" Limit: $ 4,000,000 Annual Aggregate Limit: $ 8,000,000 Claims -Made: ® I Occurrence: ❑ Retroactive Date: See Member's List Coverage VII Sexual Abuse and/or Each "Sexual Abuse and/or Molestation Wrongful Act" Limit: $ N/A Annual Aggregate Limit: $ N/A Dec -0010 0216 Page 417 HUDSON INSURANCE GROUP® Molestation Liability Claims -Made: ❑ I Occurrence: ❑ Retroactive Date: RETAINED LIMITS Coverage I $N/A Each "Accident" Coverage II $N/A Each "Accident" Coverage III $N/A Each "Occurrence" Coverage IV $N/A Each "Public Officials Wrongful Act" Coverage V $N/A Each "Employment Practices Wrongful Act" Coverage VI $1,000,000* Each "Law Enforcement Wrongful Act" *with $8,000,000 Annual Aggregate Deductible (PRU Policy Annual Aggregate) Aggregate Lead Coverage For Public Risk Underwriters of Texas/ 101 W. Renner Road, #300 /Richardson, TX 75082 POLICY NUMBER: 038246861-01 Limits: $4,000,000 Occ/ $8,000,000 Policy Annual Aggregate SIR: $1,000,000 Coverage VII $N/A Each "Sexual Abuse and/or Molestation Wrongful Act" MEMBER'S LIST MEMBER COUNTY RETOACTIVE DATE MEMBER COUNTY RETOACTIVE DATE Alamosa July 1, 1986 Las Animas July 1, 1986 Archuleta July 1, 1986 Lincoln July 1, 1986 Baca July 1, 1986 Logan July 1, 1986 Bent July 1, 1986 Mineral July 1, 1986 Chaffee July 1, 1986 Moffat July 1, 1986 Cheyenne February 16, 1987 Montrose July 1, 1987 Clear Creek July 1, 1986 Morgan July 1, 1986 Conejos July 1, 1986 Otero July 1, 1986 Costilla July 1, 1986 Ouray July 1, 1986 Crowley July 1, 1986 Park July 1, 1986 Page 5)7 Dec -0010 0216 INSURANCE GROUP® flig) HUDSON Custer January 1, 1997 Phillips July 1, 1986 Delta July 1, 1988 Prowers July 1, 1986 Dolores July 1, 1986 Pueblo July 1, 1986 Elbert July 1, 1986 Rio Blanco July 1, 1986 Fremont July 1, 1987 Rio Grande July 1, 1986 Garfield July 1, 1986 Routt July 1, 1986 Gilpin July 1, 1986 Saguache July 1, 1986 Grand July 1, 1987 San Juan July 1, 1986 Gunnison July 1, 1986 San Miguel July 1, 1986 Hinsdale July 1, 1986 Sedgwick July 1, 1986 Huerfano July 1, 1986 Summit July 1, 1986 Jackson July 1, 1986 Teller July 1, 1986 Kiowa July 1, 1986 Washington July 1, 1986 Kit Carson July 1, 1986 Weld January 15, 1986 Lake April 1, 1987 Yuma July 1, 1986 FORMS AND ENDORSEMENTS CONTAINED IN THIS POLICY AT ITS INCEPTION Policy Forms/Endorsements Title IL P 001 1/04 U.S. Treasury Department's Office of Foreign Assets Control (OFAC) Advisory Notice to Policyholders Dec -0010 2/16 Common Policy Declarations GA -CD -0001 2/16 Governmental Alternative Solutions Common Policy Conditions GA-LEL-0002 2/21 Governmental Alternative Solutions Law Enforcement Liability Claims - Made Coverage GA-LEL-2602 2/16 Exclusion —Services Furnished By Health Care Providers GA ML 2704 2/16 Sexual Abuse and/or Molestation Liability Exclusion GA -ML -2707 2/16 Two or More Coverage Forms GA -ML -2709 8/16 Exclusion - Pathogenic or Poisonous Biological or Chemical Materials GA -ML -2710 2/20 Exclusion Cyber Liability GA -ML -2714 6/20 Exclusion - Contagions, Pathogens, Virus, Bacteria, or Microorganisms That Include Physical Distress, Illness or Disease GA -ML -2716 7/22 Sanctions Limitation and Exclusion GA -ML -2718 7/22 PFAS Contract Exclusion SS -CO 5/17 Service of Suit Endorsement - Colorado Dec -0010 0216 Page 6)7 HUDSON INSURANCE GROUP® In the event of a Loss, notify the company immediately. This may be accomplished in the following ways: By Mail - Refer notices to: Hudson Insurance Group 100 William St, 4th Floor, New York, NY 10038 By Phone — Call: 1-866-546-3981 By Fax — Send to: 646-216-3786 By Email — Send to: Hudsonclaims300@hudsoninsgroup.com Please refer to your policy for specific claim reporting requirements. Page 717 Dec -0010 0216 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMON POLICY CONDITIONS All Coverage Forms included in this policy are subject to the following conditions. A. Bankruptcy or Insolvency Bankruptcy, insolvency, receivership or financial impairment of the insured will not relieve us of our obligations under this policy. Under no circumstances will we be required to drop down or in any other way assume responsibility for the "retained limit" or assume any obligation associated with the "retained limit". B. Cancellation or Nonrenewal 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of such cancellation in compliance with the applicable state regulations that apply to cancellation notices, but not less than: a. Ten (10) days before the effective date of cancellation, if we cancel for nonpayment of any premium when due; or b. Ninety (90) days before the effective date of cancellation, if we cancel for any other reason. 3. If we decide not to renew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the non -renewal in compliance with the applicable state regulations that apply to such non -renewal notice requirements, but not less than ninety (90) days before the expiration date of this policy. 4. We will mail or deliver such cancellation or nonrenewal notice to the first Named Insured's last mailing address known to us. 5. Notice of cancellation by us will state the effective date of the cancellation. The "policy period" will end on that date. 6. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 7. If notice is mailed, proof of mailing will be sufficient proof of notice. C. Changes This policy contains all of the agreements between you and us concerning the insurance afforded under this policy. The first Named Insured shown in the Declarations is authorized to make changes under the terms of this policy with our consent. Notice to any agent or knowledge possessed by any agent or by any other person will not effect a waiver or a change in any part of this policy or stop us from asserting any right under the terms of this policy. The terms can be amended or waived only by endorsement issued by us and made a part of this policy. D. Claims Administrator We must approve, in writing, any Claims Administrator you use. You may not change or terminate an approved Claims Administrator without our prior written approval. You also must provide us with written notice no later than ten (10) days from the effective date of any revision of the contract between you and your Claims Administrator. You are responsible for all costs related to any such Claims Administrator. We have the right, upon at least thirty (30) days written notice to you, to conduct an audit of the claim files of the Claims Administrator. GA -CD -0001 02/16 Hudson Insurance Group Page 1 of 6 E. Conflicting Statutes Terms of this policy which are in conflict with the statutes of the state wherein this policy is issued are hereby amended to conform to such statutes. F. Duties In The Event Of "Loss", "Claim", "Suit", "Occurrence", "Offense", "Employee Benefits Wrongful Act" "Employment Practices Wrongful Act", "Public Officials Wrongful Act", "Educators Legal Wrongful Act", Law Enforcement Wrongful Act", "Sexual Abuse and/or Molestation Wrongful Act" 1. You must see to it that your Claims Administrator is notified as soon as practicable of an "occurrence", an "offense", "employee benefits wrongful act", "employment practices wrongful act", "public officials wrongful act", "educators legal wrongful act", law enforcement wrongful act", "sexual abuse and/or molestation wrongful act", or any other injury, or "loss" which may result in a "claim" or "suit". Written notice containing particulars sufficient to identify the insured and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses, will be reported to the Claims Administrator. 2. If a "claim" is made or a "suit" is brought against any insured, the insured will immediately forward to the appointed Claims Administrator every demand, notice, summons or other processes received by the insured or its representative; and in turn, the Claims Administrator will forward the same to us. 3. The insured will cooperate with us and at our request, consent to being examined and questioned by a representative of ours, under oath if necessary; and will attend hearings, depositions and trials; and will assist in effecting settlement, securing and giving evidence and obtaining the attendance of witnesses in the conduct of "suits"; as well as in the giving of a written statement or statements to our representatives and defense. 4. The insured will give us or our duly authorized representative such information and assistance as we may require and assist us in the defense of any "claim" or "suit" subject to the applicable Supplementary Payments provision. 5. You must report to us as soon as practicable each "claim" or "loss" for which your estimated amount of "loss" and "loss adjustment expense", is fifty (50) percent or more of the amount of the "retained limit". You must also immediately report: a. Any "suit" naming the Company providing this insurance; b. Any claim involving terrorism or suspected terrorism; c. Any proposed or certified class action lawsuit; d. All claims involving or which could reasonably be expected to involve litigation; e. Any incident alleging sexual misconduct of any type, including rape, abuse, assault, molestation, harassment; f. Environmental and/or catastrophic potential claims, including those involving contamination, pollution, toxic chemicals, nuclear, radiation, lead, fungus, mold and/or asbestos; g. All cases of death or serious injury, including but not limited to the following: i. Cord Injury, including paraplegia, quadriplegia or paralysis; ii. Injury to nerves at the base of the spinal canal (Cauda Equina), or any other back injury symptomized with resulting incontinence of bowel and/or bladder; iii. Amputation requiring a prosthesis, or any loss of a major body member; iv. Claims involving substantial body disfigurement or serious permanency; v. Brain damage affecting mentality or the central nervous system, such as permanent disorientation, behavior disorder, personality change, seizures, motor deficit, inability to speak (aphasia), hemiplegia or unconsciousness (comatose); GA -CD -0001 02/16 Hudson Insurance Group Page 2of6 vi. Blindness of any type or duration, temporary or permanent; vii. Hearing impairment of any type or duration, temporary or permanent; viii. Burns — those involving over ten (10) percent of the body with third degree, or thirty (30) percent of the body with second degree; ix. Multiple fractures; involving more than one member or non-union; x. Fracture of both heel bones (fractured bilateral os calcis); xi. Nerve damage causing paralysis and loss of sensation in arm and hand brachial plexus nerve damage); xii. Massive internal injuries affecting any body organ(s); xiii. Fatality(ies); xiv. Any other serious injury which, in your judgment, might involve us. You must advise us of the estimated amount of "loss" and "loss adjustment expense", including amounts paid and reserved for "loss" and "loss adjustment expense", in connection with each "claim" or "loss", and of any subsequent changes in such estimates. h. No insured will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, in excess of the "retained limit" without our consent. Notice given by or on behalf of the insured, or written notice by or on behalf of the injured person or any other claimant, with particulars sufficient to identify the insured, shall be considered to be notice to us. j. In the event that any insured reports an "occurrence" to the Workers' Compensation and/or Employer's Liability carrier of the insured, and this "occurrence" later develops into a "claim" to be covered under this General Liability Coverage Form, the failure to report such "occurrence" to us at the time of the "occurrence" shall not be deemed to be in violation of this condition. You must however, give us notice as soon as practicable after being made aware that the particular "claim" is a General Liability "claim". G. Examination Of Your Books And Records We may examine your books and records as they relate to this policy at any time during the "policy period" and up to three (3) years afterward. We may do the same as to the books and records of any organization you newly acquire or form that is deemed to be a Named Insured under this policy. H. First Named Insured By acceptance of this policy, the first Named Insured agrees to act on behalf of each insured with respect to the giving and receiving of notice of each incident, "claim" or "suit", cancellation or nonrenewal, the payment of premiums that may become due under this policy, and each insured agrees that the Named Insured shall act on their behalf. Inspections And Surveys We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we find; and 3. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. Such inspections are not safety inspections. We do not undertake any duty to provide for the health or safety of any person and we do not represent or warrant that conditions: a. Are safe or healthful; or GA -CD -0001 02/16 Hudson Insurance Group Page 3 of 6 b. Comply with laws, regulations, codes or standards. This Condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations on our behalf. J. Legal Action Against Us No person or organization has a right under this policy: 1. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or 2. To sue us under this policy unless all of its terms have been fully complied with; and A person or organization may sue us to recover on an agreed settlement or judgment against an insured based on its final legal adjudication, but we will not be liable for any "loss" or damages that are not payable under the terms of this policy, or that are in excess of the applicable Limit of Insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. We will not be liable for any "loss adjustment expense" that are not payable under the terms of this policy, in accordance with the terms of each respective Coverage Form under the policy. K. Liberalization If we adopt a change under this policy during the "policy period", or rules that would broaden the coverage of this policy without charge, such broader coverage will apply to this policy when the change becomes effective in your state. Such broader coverage applies only until the end of the "policy period". L. Other Insurance 1. All coverage under this policy is excess over any other insurance, whether written on a primary, excess, contingent or any other basis, except for other insurance that is specifically purchased by you to apply in excess of this policy's limits of insurance shown in the Declarations or in any endorsement. We will have no duty to defend any claim or "suit". The "retained limit(s)" may not be satisfied by any other insurance. 2. If any other insurance purchased by you or on your behalf is deemed to apply on the same excess basis as this policy, our indemnification obligation, subject to the relevant "retained limit(s)" and limits of insurance of this policy, will be shared with such other insurance as follows: If such other insurance permits contribution by equal shares, we will follow this method as well. Under this approach, each insurer contributes equal amounts until it has paid or indemnified the insured its relevant limit of insurance or none of the loss remains, whichever comes first. b. If such insurance does not permit contribution by equal shares, we will indemnify by limits. Under this method, each insurer's share is based on the ratio of its relevant limits of insurance to the total limits of insurance of all such insurers. 3. We have no obligation to indemnify or pay any expenses incurred by such other insurance. Other insurance means insurance, or the funding of "losses" that is provided by or through another insurance company, any risk retention group or any self-insurance, group self-insurance, or similar risk transfer approach, other than any funded by you and to which this insurance applies. It does not mean insurance that is purchased by any insured to be specifically excess of the sum of the "retained limit" and the limits of insurance afforded by this policy. M. Premiums 1. The first Named Insured: a. Is responsible for payment of all premiums when due; and b. Will be the payee for any return premiums we pay. GA -CD -0001 02/16 Hudson Insurance Group Page4of6 2. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. N. Representations By accepting this policy, you agree that: 1. The statements in the Declarations of this policy, including the respective Coverage Forms, are accurate and complete; and 2. Those statements are based upon representations you made to us; and 3. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you: a. Unintentionally fail to disclose all hazards existing at the inception of this policy; or b. Unintentionally make an error, omission, or improper description of premises, or other statement of information, as stated in this policy. You must notify us as soon as possible after discovery of any hazard or any other information that was not provided to us prior to the acceptance of this policy. This provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal under this policy. O. Selection of Defense Counsel We do not have the duty to defend "claims" or "suits" under the terms of this policy. However, 1. We retain the right, at our discretion, to settle, approve or disapprove the settlement of any "claim"; and to appeal any judgment, award or ruling, at our expense. 2. You and any other involved insured must comply with the Duties In The Event Of "Loss", "Claim", "Suit", "Occurrence", "Offense", "Employee Benefits Wrongful Act" "Employment Practices Wrongful Act", "Public Officials Wrongful Act", "Educators Legal Wrongful Act", Law Enforcement Wrongful Act", "Sexual Abuse and/or Molestation Wrongful Act" Condition of this policy, as well as all other provisions of this policy; and 3. You must direct defense counsel of the insured to furnish us with the information we request to evaluate those "suits" for coverage under this policy; and cooperate with any counsel we may select to monitor or associate in the defense of those "suits". P. Separation Of Insureds Except with respect to the Limits of Insurance, all exclusions within this policy and any rights or duties specifically assigned to the first Named Insured under this policy, this insurance applies: 1. As if each Named Insured were the only Named Insured; and 2. Separately to each Insured against whom claim is made or "suit" is brought. Q. Sovereign Immunity and Monetary Caps For any amount for which the insured would not be liable under applicable governmental or sovereign immunity but for the existence of this policy, the issuance of this insurance will not be deemed a waiver of any statutory immunities by or on behalf of any insured, nor of any statutory limits on the monetary amount of liability applicable to any insured were this policy not in effect. With respect to any "claim", we expressly reserve any and all rights to deny liability by reason of such immunity, and to assert the limitations as to the amount of liability as may be provided by law. GA -CD -0001 02/16 Hudson Insurance Group Page 5 of 6 R. Subrogation - Recovery From Others If any insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. In the event of recovery, the proceeds will be divided in the following priority, including those expenses incurred in pursuing such recovery: 1. Any insured or insurer that paid amounts in excess of the limits of insurance of this policy; 2. Our expenses and payments made under this policy; 3. You and any other insurer who paid an amount below our limits of insurance of this policy. S. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our prior written consent. T. When We Do Not Renew If we decide not to renew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than ninety (90) days before the expiration date. If notice is mailed, we will mail it to the last mailing address known to us of the first Named Insured. Proof of mailing will be sufficient proof of notice. GA -CD -0001 02/16 Hudson Insurance Group Page 6of6 GOVERNMENTAL ALTERNATIVE SOLUTIONS LAW ENFORCEMENT LIABILITY CLAIMS - MADE COVERAGE FORM LOSS ADJUSTMENT EXPENSES INCLUDED WITHIN THE RETENTION AND WITHIN THE LIMITS OF INSURANCE THE COVERAGE PROVIDED UNDER THIS COVERAGE FORM IS PROVIDED ON A CLAIMS -MADE. COVERAGE IS LIMITED GENERALLY TO LIABILITY FOR CLAIMS FIRST MADE AGAINST YOU WHILE THE COVERAGE IS IN FORCE. LOSS ADJUSTMENT EXPENSES ARE PART OF, NOT IN ADDITION TO, THE RETAINED LIMIT AND LIMITS OF INSURANCE. PLEASE REVIEW THE POLICY CAREFULLY AND DISCUSS POLICY COVERAGES WITH YOUR INSURANCE AGENT OR BROKER. Various provisions in this coverage form restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the "Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us", and "our" refer to the insurance providing this insurance. Within this policy, the words "insured" or "insureds" refer to any person or organization qualifying as an "Insured" under SECTION III - WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meanings. Refer to SECTION VI - DEFINITIONS and other provisions of this policy for such meanings. SECTION I - COVERAGES A. INSURING AGREEMENT We will the indemnify the insured for those sums in excess of the "retained limit" that the insured becomes legally obligated to pay as "loss" resulting from a "law enforcement wrongful act" to which this insurance applies. Our obligation under this insuring agreement only applies if: 1. The "law enforcement wrongful act" did not commence before the earlier of the "policy period" or the Retroactive Date, if any, shown in the Declarations, or after the end of the "policy period"; and 2. The "law enforcement wrongful act" takes place within the "coverage territory"; and 3. The "claim" because of a "law enforcement wrongful act" is first made against the insured during the "policy period", or if provided, in accordance with the Extended Reporting Period; and in accordance with paragraph 4. below; and 4. Prior to the "policy period", or if purchased, the Extended Reporting Period, no insured knew or had reason to know that the "law enforcement wrongful act" had commenced. If any insured knew or had reason to know, prior to the "policy period" that a "law enforcement wrongful act" had commenced, then any continuation, change or resumption of such "law enforcement wrongful act" will be deemed to have been known prior to the "policy period", or if purchased, prior to the Extended Reporting Period. A "law enforcement wrongful act" will be deemed to have been known to have commenced at the earliest time when any insured: (1) Reports all, or any part, of the "law enforcement wrongful act" to us or to any other insurer; (2) Receives written or verbal demand or "claim" for "loss" because of a "law enforcement wrongful act"; or (3) Becomes aware by any other means that a "law enforcement wrongful act" has commenced. GA-LEL-0002 2/16 Hudson Insurance Group Includes Copyrighted Material of ISO Properties, Inc., With Its Permission. Page 1 of 15 The entire "law enforcement wrongful act" will be deemed to have been committed on the date of the first act, error or omission. All "claims" arising out of a "law enforcement wrongful act" will be deemed to have been made at the time the first of such "claims" is made, regardless of the number of "claims" subsequently made. The amount we will pay for "loss" and "loss adjustment expense" in excess of the "retained limit" is limited as described in SECTION V - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for in the policy. B. DEFENSE We have no duty to defend any "claim" or "suit", but we will have the right and the insured will give us the opportunity to associate in the defense of any "claim" or "suit" against the insured seeking damages for any "law enforcement wrongful act" which, in our sole opinion, may create indemnification obligations for us under this Coverage Form. In addition: 1. The insured, or the Named Insured on the insured's behalf, has the duty to defend any "claim" or "suit" seeking damages to which this insurance applies and will be responsible for any "loss adjustment expense" within the "retained limit". 2. When the insured's legal obligation to pay "loss" to which this insurance applies has been determined, and this amount is greater than the "retained limit", then and only then will the insured be entitled to indemnity under this Coverage Form. The insured will request indemnification as soon as practicable after it has paid or will pay the "retained limit". We will not pay any "loss adjustment expense" above what we would otherwise have paid had the "loss" been settled for any reasonable amount within the "retained limit". We will then indemnify the insured for the amount of such "loss" in excess of the "retained limit" subject to SECTION V - LIMITS OF INSURANCE. 3. The insured must obtain our prior written consent before offering or agreeing to pay an amount which exceeds the "retained limit" in order to settle any "claim" or "suit" seeking damages to which this insurance applies, either in whole or in part. 4. We will also have the right, but not the duty, to assume control in the defense of any "claim" or "suit" which, in our sole opinion, may create indemnification obligations for us under this Coverage Form. This assumption of control will include, but not be limited to: a. The investigation of any occurrence, offense, "claim" or "suit"; b. The selection or retention of defense counsel; c. The appeal of any judgment; or d. The settlement of any "claim" or "suit". In the event we exercise our rights specified in this paragraph, the Limits of Insurance and the insured's responsibility to pay the "retained limit" and handling of the "loss adjustment expense" will remain unchanged as stated in the Coverage Form or as amended by Endorsement. 5. If we recommend to the insured a settlement of any "claim" or "suit", the amount of which exceeds the "retained limit", the insured will in good faith attempt to settle the "claim" or "suit" with the claimant or claimant's legal representative, at or below the recommended settlement amount. SECTION II - EXCLUSIONS A. This insurance does not apply to: 1. Auto, Watercraft, Aircraft GA-LEL-0002 2/16 Hudson Insurance Group Includes Copyrighted Material of ISO Properties, Inc., With Its Permission. Page 2 of 15 "Bodily injury", "property damage" or "personal and advertising injury", arising out of the ownership, licensure, permit, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by, or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the "loss" or "claim" against any insured alleges negligence in the supervision, hiring, employment, training or monitoring of others by that insured, if the "law enforcement wrongful act" which caused the "bodily injury", "property damage" or "offense" which caused the "personal and advertising injury" involved the ownership, maintenance, licensure, permit, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by, or rented or loaned to any insured. 2. Care, Custody, Control "Property damage" to: a. Property which is owned by, rented by, loaned to or occupied by any insured; b. Premises which have been sold, given away, or abandoned by the insured if the "property damage" arises out of any part of those premises; or c. Property in the care, custody and control of any insured. However, paragraph c. of this exclusion does not apply to property on persons at the time of their arrest. 3. Contractual Liability Liability assumed by the insured under any contract or agreement. However, this exclusion does not apply to liability for "loss": a. Assumed in an "insured contract"; or b. That the insured would have in the absence of the contract or agreement. 4. Deliberate Violation Any "loss", injury or damage arising out of the deliberate violation of any Federal, State, or local statute, ordinance, rule or regulation committed by or with the knowledge and consent of the insured. 5. Distribution Of Material In Violation Of Statutes Any "bodily injury", "property damage", "personal and advertising injury", or any other injury, "loss", cost or damages arising directly or indirectly out of any action or omission that violates or is alleged to violate: a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or b. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or c. Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. 6. Electronic Data Any "loss" or damage arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 7. Electronic Vandalism Any "claim", "loss", injury, damage, cost or expense caused directly or indirectly by Electronic Vandalism. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. As used in this exclusion, Electronic Vandalism means: GA-LEL-0002 2/16 Hudson Insurance Group Includes Copyrighted Material of ISO Properties, Inc., With Its Permission. Page 3 of 15 a. Willful or malicious destruction of computer programs, content, instructions or other electronic or digital data stored within computer systems. b. Unauthorized computer code or programming that: (1) Deletes, distorts, corrupts or manipulates computer programs, content, instructions or other electronic or digital data, or otherwise results in damage to computers or computer systems or networks to which it is introduced; (2) Replicates itself, impairing the performance of computers or computer systems or networks; or (3) Gains remote control access to data and programming within computers or computer systems or networks to which it is introduced, for uses other than those intended for authorized users of the computers or computer systems or networks. With respect to any activity that comes within the terms of the War and Military Action Exclusion and involves Electronic Vandalism, the War and Military Action Exclusion supersedes this Electronic Vandalism Exclusion. With respect to any activity that comes within the terms of the Terrorism Exclusion and involves Electronic Vandalism, the Terrorism Exclusion supersedes this Electronic Vandalism Exclusion. 8. Employees "Bodily injury" or "personal and advertising injury" to: a. An "employee" of an insured arising out of and in the course of employment by the insured; or b. The spouse, child, parent, brother or sister of that "employee", as a consequence of a. above. The exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and. (2) To any obligation to share damages with or repay someone else who must pay "loss" or damages because of the injury. However, this exclusion does not apply to liability assumed by the insured under an "insured contract". 9. Employment Practices Wrongful Acts Any "loss", injury or damage to: Any person, or any class of person, arising out of any: (1) Employment -related practices, policies, procedures, acts, errors or omissions, including but not limited to, coercion, demotion, evaluation, reassignment, discipline, libel, slander, defamation, harassment, humiliation, or "discrimination" involving or directed at any person or class of person; (2) Verbal, physical, mental or emotional abuse, "offense", injury or "loss" resulting from or arising out of employment practices, policies, procedures, acts, errors or omissions involving, connected with, or in any way related to interviews, hiring, supervision, probation, termination, or any other act or determination of employment or non -employment of any person or class of person; (3) False arrest, false imprisonment, libel, slander, defamation, harassment, humiliation, "discrimination", invasion of privacy, wrongful eviction, malicious prosecution, abuse of process, or arising out of any aspect of "law enforcement activities" affecting employment or non - employment of any person or class of person; (4) Verbal, physical, mental or emotional abuse, "offense", injury, damage or "loss" resulting from or arising out of such employment -related practices, policies, acts, errors or omissions including but not limited to those described in (1) through (4) above; (5) Failure to adopt or comply with adequate workplace or employment policies or procedures; GA-LEL-0002 2/16 Hudson Insurance Group Includes Copyrighted Material of ISO Properties, Inc., With Its Permission. Page 4 of 15 (6) Failure or refusal to grant tenure; (7) Failure or refusal to employ, train, or promote a person; (8) Denial of training, deprivation of career opportunity, or breach of employment contract; (9) Evaluation, assignment, reassignment or discipline of any person or class of person; (10)Dismissal, discharge or termination of employment or membership, whether actual or constructive, of any person or class of person; (11)Retaliatory action against any person for the exercise of, or not exercising, any legally protected right, or for engaging in any legally protected activity, including but not limited to, actions of: (a) Performing or declining to perform an unethical or illegal act; (b) Filing a complaint or bringing "suit"; (c) Testifying against an insured at a legal proceeding; (d) Notifying a proper authority of any aspect of your operation that is illegal; (12)Violation of the Family Medical Leave Act (FMLA), or similar state or local law; (13)Violation of any Federal, state or local law (common law or statutory) concerning employment or any "employment practices wrongful act" described in (1) through (12) above; or if insurance is prohibited by law; b. The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any "employment practices wrongful act" described in paragraphs (1) through (12) above is directed: c. Any person or any class of person arising out of any "discrimination" or harassment directly or indirectly related to the past employment, employment or prospective employment by any insured. This "employment practices wrongful act" exclusion applies: (I) Whether the injury -causing event described in paragraphs a. (1) through (13) above occurs before employment or after employment of that person or class of person; (ii) Whether the insured may be liable as an employer or in any other capacity; and (iii) To any obligation to share "loss" with or repay someone else who must pay "loss", injury or damages because of the injury. 10. Expected Or Intended "Bodily injury" or "property damage" either expected or intended from the standpoint of the insured. However, this exclusion does not apply to "bodily injury" or "property" damage resulting from the use of reasonable force to protect persons or property or to an act of the insured (unless deemed to be a criminal act) within the arrest or incarceration process. 11. Federal, State Or Local Enforcement Any "loss," cost, civil fine, penalty or expense against any insured arising from any complaint or enforcement action from any federal, state or local governmental regulatory agency. 12. Fellow Employee "Bodily injury" or "personal and advertising injury" to: a. An auxiliary law enforcement officer or volunteer law enforcement officer serving under the direction and control of the insured as a "volunteer worker"; or b. The spouse, child, parent, brother or sister of that auxiliary or "volunteer worker" as a consequence of a. above. The exclusion applies: GA-LEL-0002 2/16 Hudson Insurance Group Includes Copyrighted Material of ISO Properties, Inc., With Its Permission. Page 5 of 15 (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. However, this exclusion does not apply to liability assumed by the insured under an "insured contract". 13. Fraudulent Or Dishonest Acts Any "loss" brought about by, arising out of, or attributable to, fraudulent or dishonest acts or omissions of the insured, or bad faith on the part of the insured. However, the insured will be protected under the terms of this policy as to any "claim" upon which "suit" may be brought against them by reason of any alleged fraudulent or dishonest act of any insured, unless a judgment or other final adjudication thereof adverse to such insured will establish that acts of active or deliberate fraud or dishonesty committed by such insured was material to the cause of action so adjudicated. 14. Handling Of "Loss", "Claim" Or "Suit" Within The "Retained Limit" Any "loss", injury, or damage arising out of the handling of "claims" or "suits" within the "retained limit", including the investigation, defense or settlement of "claims" or "suits". 15. Judicial Penalties Any "loss", cost, civil fine, penalty or expense arising from any complaint or enforcement action by any federal, state or local governmental regulatory agency or judicial entity. 16. Legal Services Anyone providing legal services other than an attorney employed full time by the Named Insured. 17. Non -Monetary A "claim," demand, or action seeking relief or redress solely in any form other than monetary damages, or for any fees, costs or expenses which the insured may become obligated to pay as a result of any adverse judgment for declaratory relief or injunctive relief. However, this exclusion does not apply to defense costs where non -monetary relief is sought for an alleged "law enforcement wrongful act" that would otherwise be covered under this policy. 18. Nuclear Hazard Nuclear reaction or radiation, or radioactive contamination, however caused. With respect to any activity that comes within the terms of the War and Military Action Exclusion and involves nuclear reaction or radiation, or radioactive contamination, the War and Military Action Exclusion supersedes this Nuclear Hazard Exclusion. 19. Pollution a. "Bodily injury", "property damage", "personal and advertising injury", or any other injury, damage, "loss", cost, expense, liability or legal obligation arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, escape or potential presence in or introduction into the environment of any substance if such substance has, or is alleged to have, the effect of making the environment impure, harmful or dangerous; or any other such substances that are considered a "pollutant". Environment includes any air, land, structure (or the air within), watercourse or other body of water, including underground water; or b. Any "loss", cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or GA-LEL-0002 2/16 Hudson Insurance Group Includes Copyrighted Material of ISO Properties, Inc., With Its Permission. Page 6 of 15 (2) Any "claim" or "suit" by or on behalf of a government authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, paragraph a. of this Pollution exclusion does not apply to a "law enforcement wrongful act" arising out of "law enforcement activities" of the Named Insured. For purposes of this exception, "law enforcement activities" include those actions performed by members of other Law Enforcement Departments or Agencies operating under an "insured contract" with you, under the condition that those "law enforcement activities" are sanctioned by the Named Insured. 20. Prior Or Pending Notice Or Legal Action Any injury or "loss" based upon, arising out of, attributable to, or in any way directly or indirectly related to any: a. Prior or pending legal action or litigation, administrative or regulatory proceeding, "claim", demand, arbitration, decree or judgment against any insured before the Effective Date of this policy, including any administrative or regulatory proceeding: (1) Resulting from or in consequence of such pending or prior litigation, administrative or regulatory proceeding; (2) Derived in whole or in part from the facts and/or matters averred or alleged in any such pending or prior litigation, administrative or regulatory proceeding; or (3) Derived from the same or essentially the same fact, actual or alleged; b. Fact, circumstance, event, situation, or "law enforcement wrongful act" that was the subject of any notice under any similar policy of insurance issued to the insured. 21. War And Military Action "Bodily injury", "property damage" or "personal and advertising injury" however caused, arising directly or indirectly out of: a. Hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack: (1) By any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces; (2) By military, naval or air forces; or (3) By an agent of any such govemment, power, authority or forces. b. Invasion, insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence. Any discharge, release, explosion or use of any chemical or biological agent, or any weapon or device of war employing nuclear fission or fusion, will be conclusively presumed to be such a hostile or warlike action by such a government, power, authority or forces. With respect to any action that comes within the terms of this War and Military Action Exclusion and: (1) Involves nuclear reaction or radiation, or radioactive contamination, this War and Military Action Exclusion supersedes the Nuclear Hazard Exclusion. (2) Involves a discharge, dispersal, seepage, migration, release, escape or application of any pathogenic or poisonous biological or chemical materials, this War and Military Action Exclusion supersedes the Pathogenic or Poisonous Biological or Chemical Materials Exclusion. (3) Involves Electronic Vandalism as defined in the Electronic Vandalism Exclusion, this War and Military Action Exclusion supersedes the Electronic Vandalism Exclusion. GA-LEL-0002 2/16 Hudson Insurance Group Includes Copyrighted Material of ISO Properties, Inc., With Its Permission. Page 7 of 15 (4) Comes within the terms of the Terrorism Exclusion, this War and Military Action Exclusion supersedes the Terrorism Exclusion. 22. Workers Compensation And Similar Laws Any obligation under a workers' compensation, disability benefits, social security or unemployment compensation law, or any similar law. SECTION III -WHO IS AN INSURED A. Insured: Except as excluded in the Coverage Form or by endorsement, each of the following is an insured but only with respect to their duties and while acting within the course and scope of authority allocated by their position as such: 1. You: Any Named Insured. 2. Law Enforcement Departments or Agencies and their Members: A Law Enforcement Department or agency, shown in the Declarations that is operated by you and subject to your oversight, control or direction. 3. Elected or Appointed Officials: An elected, appointed or employed official of any board, commission or agency of yours, but only with respect to their respective liability arising out of "law enforcement activities. 4. Employees: All "employees" of such Law Enforcement Department or Agency, but only in connection with "law enforcement activities". 5. Auxiliary and "Volunteer Workers": All auxiliary and "volunteer worker" law enforcement officers who serve under the direction and control of your Law Enforcement Department or Agency, but only for acts within the course and scope of their auxiliary or volunteer work as authorized by you or the Law Enforcement Department or Agency shown in the Declarations, for activities that are covered under this policy. 6. Insured Contracts: A Law Enforcement Department or Agency, including its members, while providing service to you under an "insured contract", but only while conducting "law enforcement activities" within the course and scope of that "insured contract", and only if such "law enforcement activities" are sanctioned by the Law Enforcement Department or Agency named in the Declarations. 7. Estates, Heirs, Legal Representatives: The estates, heirs, legal representatives or assigns of deceased persons who were insureds at the time of a covered "law enforcement wrongful act", but only to the extent that they would otherwise be provided coverage under this policy. 8. Your Legal Representatives or Assigns: The legal representatives or assigns of the insureds, but only in the event of their incompetency, insolvency or bankruptcy, during the "policy period", and only to the extent that such insureds would have otherwise been afforded coverage by this policy. 9. All medical "employees" and "volunteer workers" of the Named Insured, whether full-time, part- time, while acting within the course and scope of their duties as authorized by the Named Insured. However, this does not include any medical doctors or dentists. B. Newly Acquired Organizations: Any organization you newly acquire or form, other than a partnership, joint venture, limited liability company or for-profit corporation, and over which you maintain ownership or a majority interest, will qualify as an insured if there is no other similar insurance available to that organization. However: 1. Coverage under this provision is afforded only until the one hundred twentieth (120th) day after you acquire or form the organization or the end of the "policy period", whichever is earlier; and 2. Coverage does not apply to any occurrence that commenced before you acquired or formed the organization; 3. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not known as a Named Insured in the Declarations; and GA-LEL-0002 2/16 Hudson Insurance Group Includes Copyrighted Material of ISO Properties, Inc., With Its Permission. Page 8 of 15 4. We reserve the right within the one hundred -twenty (120) day coverage period outlined in paragraph B.1. above to endorse your policy to exclude coverage for the new organization; however, we will provide a thirty (30) day notice of such new organization being excluded. C. Not Insured Any independent contractor, person or entity who is on retainer, is a consultant or is under contract for services, for any insured. SECTION IV - COVERAGE EXTENSION The following extension applies to the insurance provided by this Coverage Form and is additional insurance to the policy unless otherwise stated. This extension is not included within, nor affected by, the "retained limit". Payment of this extension will not: 1. Reduce or increase the "retained limit" shown on the Declarations for Law Enforcement Liability Coverage; nor 2. Increase or decrease the applicable Limits of Insurance provided under this Coverage Form: Animal Mortality: You may extend the insurance provided by this Coverage Form to include "loss" caused by accidental death or the consequential destruction because of accidental injury to your animals while being used as part of a canine or equestrian patrol during the course and scope "law enforcement activities", and during the "policy period". The most we will pay under this extension is $10,000, for all "loss" during the policy period. SECTION V - LIMITS OF INSURANCE The Limits of Insurance under this Coverage Form apply only in excess of the "retained limit". The following paragraphs further describe how the Limits of Insurance and "retained limit" apply: A. RETAINED LIMIT 1. The "retained limit" will be applied to each "law enforcement wrongful act" for which coverage is afforded by this policy. The "retained limit" will be reduced by any "loss adjustment expense" incurred by the insured. 2. In the event that any part of a "claim" or "suit" is not covered by this policy, the "retained limit" will be applied to the part of the "claim" or "suit" that is covered by this policy, and coverage will only be provided for the part of the "claim" or "suit" for which coverage applies. No credit against the "retained limit" shall be provided for an insured's investigation, defense or settlement of any "claim" or "suit" that is not covered by this policy. The "retained limit" will not include any amounts for "loss" or any "loss adjustment expense" for any "law enforcement wrongful act" that commences prior to the earlier of the Effective Date, or the Retroactive Date, if any, of this policy. 3. The "retained limit" will not include any amounts for "loss" or "loss adjustment expense" for any "law enforcement wrongful act" that commences after the end of the "policy period'. 4. You agree not to insure or otherwise reinsure your "retained limit" without our knowledge or written permission. 5. This policy will not drop down to assume or satisfy your obligations under the "retained limit". 6. You agree that in the event of a judgment or settlement in excess of the "retained limit", all outstanding amounts within the "retained limit" will be due and payable to us upon demand. Such payment must be made before we have paid, tendered or deposited in court, any part of said judgment or settlement. Failure of you to comply with this provision will not invalidate the policy, but in the event of such failure, we will be liable only to the extent that we would have been liable had you complied with this provision. B. LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay in excess of the insured's "retained limit" regardless of the number of: GA-LEL-0002 2/16 Hudson Insurance Group Includes Copyrighted Material of ISO Properties, Inc., With Its Permission. Page 9 of 15 a. Insureds; b. "Claims" made or "suits" brought; c. Persons, organizations or governmental agencies making "claims" or bringing "suits"; or d. "Law enforcement wrongful acts". 2. Subject to the Limits of Insurance shown in the Declarations, we will pay for "loss" covered under this policy only after the "retained limit" has been exhausted because of judgments, settlements and "loss adjustment expense" of "claims" or "suits". The "retained limit" shown in the Declarations applies: a. Only to "loss" for "law enforcement wrongful acts" covered under this policy; b. Separately to each "law enforcement wrongful act"; and c. To "loss adjustment expense" associated with "claims" or "suits. 3. The Aggregate Limit is the most we will pay for the sum of all "loss" and "loss adjustment expense" in excess of the "retained limit" because of "claims" first made during the "policy period" to which this insurance applies. In no event will our total Limit of Insurance be increased for any Extended Reporting Period. 4. Subject to the Aggregate Limit, the Each Law Enforcement Wrongful Act Limit is the most we will pay for the sum of all "loss" and "loss adjustment expense" in excess of the "retained limit" because of one "law enforcement wrongful act. 5. In determining the Limit of Insurance that applies, all acts, errors or omissions committed by one or more insureds that are substantially the same or are in any way directly or indirectly related, either logically, causally or temporally, will be deemed to constitute one "law enforcement wrongful act", regardless of the number of "claims" or claimants. The entire "law enforcement wrongful act" will be deemed to have occurred on the date of the first act, error or omission. 6. Incurred "loss adjustment expense" will reduce the Limits of Insurance provided by this insurance. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than twelve (12) months, starting with the beginning of the "policy period" shown in the Declarations, unless the "policy period" is extended after issuance for an additional period of less than twelve (12) months. In that case, the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance. SECTION VI- DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an "advertisement". 2. "Auto" means: a. A land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment; b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 3. "Bodily injury" means physical injury to the body, sickness, disease, disability and death. "Bodily injury" includes shock, mental anguish, emotional distress, pain and suffering, mental injury and humiliation, GA-LEL-0002 2/16 Hudson Insurance Group Includes Copyrighted Material of ISO Properties, Inc., With Its Permission. Page 10 of 15 only when it arises from and is accompanied by physical injury to the claimant's body, sickness, disease or death. "Bodily injury" includes injury arising out of the rendering of or failure to render: a. Medical or nursing services or treatment, or the furnishing of food or beverages in connection therewith; or b. The furnishing or dispensing of drugs or medical supplies or appliances. "Bodily injury" does not include: i. Expenses incurred by the insured for first aid to others at the time of an accident; ii. Liability arising out of any personal act or omission of a professional nature by a medical doctor or dentist. 4. "Claim" means a written notice from any party that it is their intention to hold an insured responsible for "loss" covered by this policy. 5. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, provided the injury or "loss" does not occur in the course of travel or transportation to or from any place not included in a. above; or c. All parts of the world if the injury or "loss" arises out of: (1) Goods or products made or sold by you in the territory described in a. above; or (2) A "law enforcement wrongful act" of an insured beyond the territory described in a. above, while they are conducting or are engaged in the Named Insured's operations; and (3) The insured's responsibility to pay "loss" is determined in a "suit" on the merits, in the territory described in a. above, or in a settlement to which we agree. 6. "Discrimination" means the unlawful treatment, including any violation of a person's civil rights, with respect to a person's race, color, national origin, gender, marital status, age, sexual orientation or preference, physical or mental condition, or any other protected class or characteristic established by any federal, state or local statutes, ordinances, rules or regulations. 7. "Employee" includes a "leased worker", but does not include a "temporary worker". "Employee" does not include a "volunteer worker" or a "service contractor". 8. "Insured contract" means a mutual aid contract or similar agreement pertaining to "law enforcement activities" under which the insured assumes the tort liability of another political subdivision to pay for "bodily injury", "property damage" or "personal and advertising injury", to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contractor agreement. An "insured contract" does not include that part of any contract or agreement that indemnifies any person or organization for damage by fire, lightning or explosion to premises rented or loaned to an insured. 9. "Law enforcement activities", singular or plural, means any of the activities, functions or operations by or on behalf of a law enforcement agency or any agent thereof; and/or any activity, function or operation inherent to or in connection with the administration and/or enforcement of the law and the protection of persons or property. Such activities or operations include the ownership, maintenance or use of any premises in connection with such functions, activities or operations and the development, implementation and enforcement of any and all practices, policies and procedures governing any aspect of law enforcement. 10. "Law enforcement wrongful act", means any actual or alleged act, error or omission, neglect or breach of duty by an insured while conducting "law enforcement activities" which results in "bodily injury", "property damage", or "personal and advertising injury",. 11. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker" or an "employee" of a "service contractor". GA-LEL-0002 2/16 Hudson Insurance Group Includes Copyrighted Material of ISO Properties, Inc., With Its Permission. Page 11 of 15 12. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck that is not attached to the aircraft, watercraft or "auto". 13. "Loss" means any monetary amount that an insured is legally obligated to pay fora "claim" made against the insured for "law enforcement wrongful acts" covered under this policy, including but not limited to amounts for injuries, damages, judgments, settlements and awards. "Loss" does not mean fines, penalties, or any matters which may be deemed uninsurable under the law pursuant to which this policy will be construed. "Loss" does not mean "loss adjustment expense". 14. "Loss adjustment expense" means all costs and expenses allocated to a specific "claim" or "suit" incurred in the investigation, appraisal, adjustment, settlement, litigation, defense or appeal of a specific "claim" or "suit", including court costs and costs of supersedeas and appeal bonds, and including: a. Pre -judgment interest, unless included as part of the award or judgment; b. Post -judgment interest; and c. Legal expenses and costs incurred in connection with coverage questions and legal actions connected thereto. "Loss adjustment expense" does not include unallocated loss adjustment expense. Unallocated loss adjustment expense includes, but is not limited to, salaries and expenses of our employees, including staff attorneys, and our office and other overhead expenses. 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent. However, any land motor vehicle, trailer or semi -trailer designed for travel on public roads (including any machinery or apparatus that is attached) owned or leased by you shall be deemed an "auto" and not "mobile equipment" if the only reason for considering it "mobile equipment" is that it is maintained for use exclusively on streets or highways owned by you; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers. f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. GA-LEL-0002 2/16 Hudson Insurance Group Includes Copyrighted Material of ISO Properties, Inc., With Its Permission. Page 12 of 15 However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 16. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; g. Infringing upon another's copyright, trade dress or slogan in your "advertisement"; h. False or improper service of process; or i. Violation of civil rights, unless uninsurable by law. With respect to "personal and advertising injury", "loss" means monetary sums and excludes all forms of injunctive relief and declaratory judgments. 18. "Policy period" means the period beginning with the Effective Date shown in the Declarations and ending with the earlier of: a. The date of cancellation of this policy; or b. The expiration date shown in the Declarations 19. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such "loss" will be deemed to occur at the time of the occurrence that caused it. For purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on or transmitted to or from computer software, including systems and applications GA-LEL-0002 2/16 Hudson Insurance Group Includes Copyrighted Material of ISO Properties, Inc., With Its Permission. Page 13 of 15 software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 20. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste includes materials to be recycled, reconditioned or reclaimed, and liquid or solid material carried off with water in sewers or drains. 21. "Retained limit" refers to the amount shown in the Declarations. You must retain this amount as self- insurance as stated in the Declarations. The "retained limit" with respect to a self -insured retention includes "loss adjustment expense". 22. "Service contractor" means a person or organization that is under contract to provide specific services to or for the benefit of any insured, using workers: a. Who are "employees" of that person or organization; and b. Whose work activities are generally under the control and direction of that person or organization. 23. "Suit" means a civil proceeding in which "loss" because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies is alleged. "Suit" includes: a. An arbitration proceeding in which such "loss" is claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such "loss" is claimed and to which the insured submits with our consent. "Suit" does not mean an administrative hearing or proceeding. 24. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 25. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary, or other compensation by you or anyone else for their work performed for you. "Volunteer worker" includes, but is not limited to, your volunteer firefighters, volunteer nurses, and other volunteer persons while acting specifically on your behalf or within the scope of their volunteer work for you, for activities that are otherwise covered under this policy. SECTION VII - EXTENDED REPORTING PERIODS - BASIC AND OPTIONAL SUPPLEMENTAL 1. Extended Reporting Period as described below, will be provided if this Coverage Form is canceled or non -renewed by us, unless we cancel for nonpayment of premium, or if we renew or replace coverage with insurance that: a. Has a Retroactive Date later than the date shown in the Declarations; or b. Provides Law Enforcement Liability coverage on other than a claims -made basis. 2. A Basic Extended Reporting Period is automatically provided without additional charge. This period begins at the end of the "policy period" and lasts for sixty (60) days. It does not extend the "policy period" or change the scope of coverage provided. It applies only to "claims" to which the following applies: a. The "claim" is first made during the Extended Reporting Period; b. The "law enforcement wrongful act" commences before the end of the "policy period"; and c. The "law enforcement wrongful act" did not commence before the "policy period", or before the Retroactive Date, if any, shown in the Declarations for this Coverage Form. The Basic Extended Reporting Period does not apply to "claims" covered under any subsequent policy. 3. Coverage for an optional Supplemental Extended Reporting Period must be added by Endorsement and an additional premium charge must be paid within fifteen (15) days from the beginning of the start GA-LEL-0002 2/16 Hudson Insurance Group Includes Copyrighted Material of ISO Properties, Inc., With Its Permission. Page 14 of 15 of the Supplemental Extended Reporting Period. The Supplemental Extended Reporting Period starts sixty (60) days after the end of the "policy period". 4. You will have a one-time option to elect the period of time for which the Supplemental Extended Reporting Period will apply, which in no event will exceed thirty-six (36) months. The available one-time options are listed below: a. Twelve (12) month option; b. Twenty-four (24) month option; or c. Thirty-six (36) month option. 5. We will determine the additional premium in accordance with our rules and rates. In doing so, we may take into account the following: a. The exposures insured; b. Previous types and amounts of insurance; c. Limit of Insurance available under this policy for future payment of damages; and d. Other related factors. The additional premium will not exceed two hundred percent (200%) of the annual premium for this policy. Once in effect, the Supplemental Extended Reporting Period may not be canceled and the applicable additional premium is fully earned. 6. This right to purchase the Supplemental Extended Reporting Period will terminate unless written notice is given to us no later than sixty (60) days after the Effective Date of cancellation or nonrenewal of this Coverage Form. Payment in full of the Supplemental Extended Reporting Period additional premium, plus any outstanding premiums or recoveries owed to us, will be made concurrently with such written notice for such Supplemental Extended Reporting Period to become effective. 7. The Extended Reporting Periods do not extend the "policy period", nor change the scope of coverage provided. Subject to the terms, Limits of Insurance, "retained limit", exclusions and conditions of this policy, this Law Enforcement Liability Coverage Form is extended to apply to "claims" first made against the insured during the Basic Extended Reporting Period, or if purchased, the Supplemental Extended Reporting Period, but only to "claims" due to "public officials wrongful acts" committed prior to the end of the "policy period", but not before the Retroactive Date, if any. 8. The Extended Reporting Periods do not reinstate or increase this Coverage Form's Limits of Insurance. "Claims" which are first received and recorded during the Basic Extended Reporting Period or the Supplemental Extended Reporting Period, if in effect, will be deemed to have been made on the last day of the "policy period". GA-LEL-0002 2/16 Hudson Insurance Group Includes Copyrighted Material of ISO Properties, Inc., With Its Permission. Page 15 of 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - SERVICES FURNISHED BY HEALTH CARE PROVIDERS This endorsement modifies insurance provided under the following: GOVERNMENTAL ALTERNATIVE SOLUTIONS LAW ENFORCEMENT LIABILITY CLAIMS -MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS LAW ENFORCEMENT LIABILITY OCCURRENCE COVERAGE FORM SCHEDULE Description of Operations: Where Required By Written Contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to any operation shown in the Schedule above, this insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of: 1. The rendering or failure to render: a. Medical, surgical, dental, x-ray or nursing service, treatment, advice or instruction, or the related furnishing of food or beverages; b. Any health or therapeutic service, treatment, advice or instruction; or c. Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming. 2. The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; or 3. The handling or treatment of dead bodies, including autopsies, organ donation or other procedures. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "law enforcement wrongful act" which caused the "bodily injury", "property damage", or "personal and advertising injury", involved that which is described in Paragraphs 1., 2. or 3. above. GA-LEL-2602 2/16 Hudson Insurance Group Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SEXUAL ABUSE AND/OR MOLESTATION LIABILITY EXCLUSION This endorsement modifies insurance provided under the following Coverage Forms indicated with an "X": X SCHOLASTIC ALTERNATIVE SOLUTIONS LEGAL LIABILITY CLAIMS -MADE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS LEGAL LIABILITY OCCURRENCE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY CLAIMS - MADE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY OCCURRENCE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS GENERAL LIABILITY COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY CLAIMS -MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY OCCURRENCE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS LAW ENFORCEMENT LIABILITY OCCURRENCE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS LAW ENFORCEMENT LIABILITY CLAIMS - MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS COMMERCIAL AUTO LIABILITY COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS GENERAL LIABILITY COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS PUBLIC OFFICIALS LIABILITY CLAIMS -MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS PUBLIC OFFICIALS LIABILITY OCCURRENCE COVERAGE FORM PUBLIC CRISIS EVENT COVERAGES CLAIMS -MADE COVERAGE FORM This insurance does not apply to any "bodily injury", "property damage", "personal and advertising injury", "educators legal wrongful acts", "public officials wrongful acts", "employment practices wrongful acts", or "law enforcement wrongful acts" arising out of: 1. The actual or threatened sexual abuse or molestation by any person. This includes any "claim" resulting from negligent employment, investigation, supervision or retention of any person; 2. The negligent reporting of or failure to report suspected, actual or threatened sexual abuse or molestation to the proper person or authority; or 3. Any other situation or circumstance that directly or indirectly constitutes actual, threatened or alleged sexual abuse or molestation, however caused. Sexual abuse includes, but is not limited to, sexual assault, "sexual molestation", sexual exploitation or sexual injury. It does not include sexual harassment, For the purposes of this endorsement, "sexual molestation" means physical sexual abuse of any person, including but not limited to, any nonconsensual sexual physical involvement or physical sexual contact. GA -ML -2704 2/16 Hudson Insurance Group Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TWO OR MORE COVERAGE FORMS This endorsement modifies insurance provided under the following: COMMON POLICY CONDITIONS SCHOLASTIC ALTERNATIVE SOLUTIONS LEGAL LIABILITY CLAIMS -MADE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS LEGAL LIABILITY OCCURRENCE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY CLAIMS - MADE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY OCCURRENCE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS GENERAL LIABILITY COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY CLAIMS -MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY OCCURRENCE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS LAW ENFORCEMENT LIABILITY OCCURRENCE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS LAW ENFORCEMENT LIABILITY CLAIMS - MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS COMMERCIAL AUTO LIABILITY COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS GENERAL LIABILITY COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS PUBLIC OFFICIALS LIABILITY CLAIMS -MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS PUBLIC OFFICIALS LIABILITY OCCURRENCE COVERAGE FORM PUBLIC CRISIS EVENT COVERAGES CLAIMS -MADE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS SEXUAL ABUSE AND/OR MOLESTATION LIABILITY OCCURRENCE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS SEXUAL ABUSE AND/OR MOLESTATION LIABILITY CLAIMS -MADE COVERAGE FORM EDUCATIONAL ALTERNATIVE SOLUTIONS SEXUAL ABUSE AND/OR MOLESTATION LIABILITY OCCURRENCE COVERAGE FORM EDUCATIONAL ALTERNATIVE SOLUTIONS SEXUAL ABUSE AND/OR MOLESTATION LIABILITY CLAIMS -MADE COVERAGE FORM X The following is added to the Common Policy Conditions: Two or More Coverage Forms: If more than one Coverage Form listed above applies to the same "occurrence, "offense", "accident", "wrongful act", "loss", "claim" or "suit", the maximum Limit of Insurance under all of the Coverage Forms will not exceed the highest applicable Limit of Insurance under any one Coverage Form. The "retained limit" or deductible applicable to any such `occurrence, "offense", "accident", "wrongful act", "loss", "claim" or "suit" will be the "retained limit" or deductible applicable to the Coverage Form which has the highest applicable Limit of Insurance, unless the Coverage Form has been endorsed to provide a separate Limit of Insurance and "retained limit" or deductible that apply to that specific risk. If the Limit of Insurance is the same for all Coverage Forms, the lowest applicable "retained limit" or deductible will apply. GA -ML -2707 7/23 Hudson Insurance Group Page 1 of 2 For the purposes of this endorsement, "wrongful act" includes any coverage provided on the basis of a wrongful act, including but not limited to "employment practices wrongful act", "public officials wrongful act", "employee benefits wrongful act", "educators legal wrongful act" and "sexual abuse and/or molestation wrongful act". GA -ML -2707 7/23 Hudson Insurance Group Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - PATHOGENIC OR POISONOUS BIOLOGICAL OR CHEMICAL MATERIALS This endorsement modifies insurance provided by: X COMMON POLICY CONDITIONS GOVERNMENTAL ALTERNATIVE SOLUTIONS AUTO PHYSICAL DAMAGE RETAINED LIMIT COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS LEGAL LIABILITY CLAIMS -MADE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS LEGAL LIABILITY OCCURRENCE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY CLAIMS -MADE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY OCCURRENCE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS GENERAL LIABILITY COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY CLAIMS -MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY OCCURRENCE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS LAW ENFORCEMENT LIABILITY OCCURRENCE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS LAW ENFORCEMENT LIABILITY CLAIMS -MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS COMMERCIAL AUTO LIABILITY COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS GENERAL LIABILITY COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS PUBLIC OFFICIALS LIABILITY CLAIMS -MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS PUBLIC OFFICIALS LIABILITY OCCURRENCE COVERAGE FORM PUBLIC CRISIS EVENT COVERAGES CLAIMS -MADE COVERAGE FORM The following Exclusion is added: This insurance does not apply to: PATHOGENIC OR POISONOUS BIOLOGICAL OR CHEMICAL MATERIALS 1. We will not pay for any "loss" or damage caused directly or indirectly by the discharge, dispersal, seepage, migration, release, escape or application of any pathogenic or poisonous biological or chemical materials. Such "loss" or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss" or damage; 2. With respect to any action that comes within the terms of the War and Military Action Exclusion and involves a discharge, dispersal, seepage, migration, release, escape or application of any pathogenic or poisonous biological or chemical materials, the War GA -ML -2709 08/16 Hudson Insurance Group Includes Copyrighted Material of ISO Properties, Inc., With Its Permission Page 1 of 2 and Military Action Exclusion supersedes this Pathogenic or Poisonous Biological or Chemical Materials Exclusion. GA -ML -2709 08/16 Hudson Insurance Group Includes Copyrighted Material of ISO Properties, Inc., With Its Permission Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - CYBER LIABILITY This endorsement modifies insurance provided under the following: SCHOLASTIC ALTERNATIVE SOLUTIONS LEGAL LIABILITY CLAIMS -MADE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS LEGAL LIABILITY OCCURRENCE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY CLAIMS - MADE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY OCCURRENCE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS GENERAL LIABILITY COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY CLAIMS -MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY OCCURRENCE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS LAW ENFORCEMENT LIABILITY OCCURRENCE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS LAW ENFORCEMENT LIABILITY CLAIMS - MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS COMMERCIAL AUTO LIABILITY COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS GENERAL LIABILITY COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS PUBLIC OFFICIALS LIABILITY CLAIMS -MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS PUBLIC OFFICIALS LIABILITY OCCURRENCE COVERAGE FORM PUBLIC CRISIS EVENT COVERAGES CLAIM -MADE COVERAGE FORM X The following Exclusion is added: Any actual or alleged liability, damage, loss, cost, or expense arising out of, contributed to by or in any way relating to: a. Any access to or disclosure of any person's or organization's confidential, personal, proprietary or other nonpublic information in any recordable form, including without limitation expenses associated with notification, remediation, mitigation or prevention of a security breach, or b. The loss of, loss of use of, damage to, corruption of, inability to access or inability to manipulate any computer, computer system, computer software, computer process or program, website or any other electronic data system, or c. Extortion threats, fraud and theft involving any computer, computer system, computer software, computer process or program, website or any other electronic data system or any confidential, personal, proprietary or other nonpublic information. d. Actual or alleged liability arising out of any Insured's failure to prevent unauthorized access to, use of, or tampering with computer systems or computerized data; or GA -ML -2710 2/20 Hudson Insurance Group Page 1 of 2 e. Actual or alleged negligent and unintentional transmission of a computer virus or other malware; or f. Actual or alleged plagiarism, piracy or misappropriation of ideas in connection with the internet; or g. Actual or alleged infringement of copyright, domain name, trade dress or title in connection with the internet This exclusion applies to liability, damages, losses, costs, or expenses incurred bythe Insured. GA -ML -2710 2/20 Hudson Insurance Group Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - CONTAGIONS, PATHOGENS, VIRUS, BACTERIA OR MICROORGANISMS THAT INDUCE PHYSICAL DISTRESS, ILLNESS OR DISEASE This endorsement modifies insurance provided by: COMMON POLICY CONDITIONS GOVERNMENTAL ALTERNATIVE SOLUTIONS AUTO PHYSICAL DAMAGE RETAINED LIMIT COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS LEGAL LIABILITY CLAIMS -MADE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS LEGAL LIABILITY OCCURRENCE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY CLAIMS -MADE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY OCCURRENCE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS GENERAL LIABILITY COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY CLAIMS -MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY OCCURRENCE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS LAW ENFORCEMENT LIABILITY OCCURRENCE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS LAW ENFORCEMENT LIABILITY CLAIMS -MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS COMMERCIAL AUTO LIABILITY COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS GENERAL LIABILITY COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS PUBLIC OFFICIALS LIABILITY CLAIMS -MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS PUBLIC OFFICIALS LIABILITY OCCURRENCE COVERAGE FORM PUBLIC CRISIS EVENT COVERAGES CLAIMS -MADE COVERAGE FORM The following Exclusion is added: This insurance does not apply to: 1. Any liability "loss", damage, injury, cost, or expense of any nature whatsoever caused by, arising out of, related to, or resulting from, directly or indirectly, in whole or in part: a. Any pathogen, virus, bacteria, contagion, or other microorganism; or b. Any action or inaction of the Insured or any action or order of a governmental representative, authority or agency undertaken to control, prevent, suppress, mitigate, test for, monitor, treat or remediate the actual, suspected, or anticipated presence, existence or transmission of any pathogen, virus, bacteria, contagion, or other microorganism; or c. An "epidemic or pandemic", GA -ML -2714 6/2020 Hudson Insurance Group Includes Copyrighted Material of ISO Properties, Inc., With Its Permission Page 1 of 2 that actually or allegedly induces or is capable of inducing physical distress, illness or disease, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage. This exclusion applies, whether or not due to the insured's negligence, intentional act, unintentional act or wrongdoing in the: a. Abating, testing for, monitoring, clean up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, fungi, virus, bacteria or other microorganism, by any insured or by any other person or entity. b. Failure to provide any state or governmental mandated personal protective equipment; c. Failure to prevent the spread of the disease; d. Failure to report the disease to authorities; or e. Supervising, hiring, employing, training or monitoring of others, whether or not infected with and spread a communicable disease, by any insured. The addition of this exclusion does not imply that other policy provisions do not also exclude coverage for liability, loss, damage, injury, cost, or expense caused by, or arising out of, related to, or resulting from any pathogen, virus, bacteria, contagion, other microorganism or "epidemic or pandemic". For purposes of this endorsement, "epidemic or pandemic" means an outbreak of an infectious disease transmissible from person to person (whether by direct contact with an affected individual, by casual contact with an affected person's secretions or objects touched by an affected person, by airborne means or by indirect means) that spreads and affects a significant proportion of a population, either geographically or globally All other terms and conditions remain unchanged. GA -ML -2714 6/2020 Hudson Insurance Group Includes Copyrighted Material of ISO Properties, Inc., With Its Permission Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. X SANCTION LIMITATION AND EXCLUSION This endorsement modifies insurance provided under the following: SCHOLASTIC ALTERNATIVE SOLUTIONS LEGAL LIABILITY CLAIMS -MADE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS LEGAL LIABILITY OCCURRENCE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY CLAIMS - MADE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY OCCURRENCE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS GENERAL LIABILITY COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY CLAIMS -MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY OCCURRENCE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS LAW ENFORCEMENT LIABILITY OCCURRENCE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS LAW ENFORCEMENT LIABILITY CLAIMS - MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS COMMERCIAL AUTO LIABILITY COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS GENERAL LIABILITY COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS PUBLIC OFFICIALS LIABILITY CLAIMS -MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS PUBLIC OFFICIALS LIABILITY OCCURRENCE COVERAGE FORM The following exclusion is added: The Reinsurer shall not be deemed to provide cover and the Reinsurer shall not be liable to pay any claim or provide any benefit under this Agreement to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose the Reinsurer to any sanction, prohibition or restriction applicable to the Reinsurer. All other terms and conditions remain unchanged. GA -ML -2716 7/2022 Hudson Insurance Group Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. X PFAS CONTACT EXCLUSION This endorsement modifies insurance provided under the following: SCHOLASTIC ALTERNATIVE SOLUTIONS LEGAL LIABILITY CLAIMS -MADE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS LEGAL LIABILITY OCCURRENCE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY CLAIMS - MADE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY OCCURRENCE COVERAGE FORM SCHOLASTIC ALTERNATIVE SOLUTIONS GENERAL LIABILITY COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY CLAIMS -MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS EMPLOYMENT PRACTICES LIABILITY OCCURRENCE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS LAW ENFORCEMENT LIABILITY OCCURRENCE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS LAW ENFORCEMENT LIABILITY CLAIMS - MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS COMMERCIAL AUTO LIABILITY COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS GENERAL LIABILITY COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS PUBLIC OFFICIALS LIABILITY CLAIMS -MADE COVERAGE FORM GOVERNMENTAL ALTERNATIVE SOLUTIONS PUBLIC OFFICIALS LIABILITY OCCURRENCE COVERAGE FORM The following exclusion is added: This insurance does not apply to any liability, loss, damage, cost, expense, fine, or penalty arising out of, resulting from, caused or contributed by, or in any way related to PFAS, including, but not limited to: A. The actual, alleged, threatened, or suspected: 1. Inhalation of, ingestion of, contact with, exposure to, existence of, or presence of PFAS; 2. Design, manufacture, storage, processing, packaging, handling, testing, distribution, sale or disposal of PFAS; 3. Discharge, dispersal, seepage, migration, release, flaking, leakage, leaching, friability, release or escape of PFAS; 4. Providing or failing to provide warnings or instructions with respect to PFAS; 5. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of PFAS; or 6. Violation of any national, state, or local law or regulation related to PFAS; or GA -ML -2718 7/2022 Hudson Insurance Group Page 1 of 2 B. Any action taken or failure to take action to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, assess or remediate PFAS or the effects of PFAS. This exclusion applies regardless of whether the goods or products, materials, compounds, or substances that are defined as PFAS below are a solid, liquid or gas (including but not limited to dust, smoke, vapor, soot or fumes). For purposes of this exclusion the following definition is added: 1. PFAS means: (a) perfluoroalkyl or polyfluoroalkyl substances; or (b) any goods or products, materials, compounds, or substances that consist of or contain any amount of perfluoroalkyl or polyfluoroalkyl substances. 2. The substances, goods or products, materials or compounds described in paragraph 1 include but are not limited to: perfluoroalkyl acids; perfluoroalkane sulfonamides; perfluoroalkyl ether carboxylic acids; fluorotelomer substances; perfluoroalkane sulfonamido substances; fluorinated polymers; and perfluorinated chemicals. 3. PFAS includes any substances, goods or products materials or compounds that, by whatever name known: a) have a similar chemical formulary, formation, function, or structure of those items listed in paragraph 2. above; b) is a derivative of or intended replacement of those items listed in paragraph 2. above; c) is an associated homologue, isomer, salts, ester, alcohol, acid or precursor chemical, or is a related degradation or by-product, of those items listed in paragraph 2. above; d) Contains at least one fully fluorinated methyl or methylene carbon atom (without any H/Cl/Br/I atom attached to it); or e) had been referred to by chemical structure, name or CAS Number, as a known or suspected PFAS, perfluoroalkyl or polyfluoroalkyl chemical or substance in any foreign or United States federal, state or local statute, law, regulation, rule or written proposed rule, or governmental bulleting (including but not limited to publications of the United States Environmental Protection Agency) that had been published as of the effective date of this insurance. All other terms and conditions remain unchanged. GA -ML -2718 7/2022 Hudson Insurance Group Page 2 of 2 Hudson Excess Insurance Company SERVICE OF SUIT ENDORSEMENT - COLORADO SS - CO (05/17) It is hereby agreed by the Company and the Named Insured that: In the event of a failure by the Company to pay any amount claimed to be due under this policy, the Company will, at the Named Insured's request, submit to the jurisdiction of any court of competent jurisdiction within the United States of America and will comply with all requirements necessary to give the court jurisdiction. Nothing in this endorsement constitutes or should be understood to constitute a waiver of the Company's rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. In a suit instituted against the Company under this contract, the Company agrees to abide by the final decision of the court or of any appellate court in the event of an appeal. Pursuant to any statute of any state, territory or district of the United States of America which makes a provision therefore, the Company will designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as the Company's true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Named Insured or its beneficiary arising out of this contract of insurance. The officer named below is authorized and directed to accept service of process on the Company's behalf: Commissioner of Insurance 1560 Broadway, Suite 850 Denver, CO 80202 Having accepted service of process on the Company's behalf, the officer is authorized to mail the process or a true copy to: Dina G. Daskalakis Hudson Excess Insurance Company Administrative Office 100 William Street, 5.h floor New York, NY 10038 All Other Terms and Conditions of This Policy Remain Unchanged. Named Insured: Colorado Counties Casualty and Property Pool, CO Policy Number: AR0017-01 Endorsement Effective Date: 01/01/2024 Endorsement Number: 1 Endorsement Issue Date: 01/01/2024 IL P 001 01 04 U.S. TREASURY DEPARTMENT'S O E OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous: • Foreign agents; • Front organizations; • Terrorists; • Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treas- ury's web site — http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. ILP0010104 © ISO Properties, Inc., 2004 Page 1 of 1
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