HomeMy WebLinkAbout20241975.tiffC SI
Colorado Counties
Casualty and Property Pool
2024 Excess Crime Policy
Hiscox Policy No. UC21191167.24
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 Crime 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.
CAPP provides up to $1 million of crime coverage (employee dishonesty, robbery,
forgery, money) subject to a $500 county deductible.
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2024-1975
PE0o3fr'o
Gallagher
V.ICORE 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
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Gallagher
Insurance Risk Manag^ment. Consulting
•�'• Gallagher
•••CORE 360
Program Details
Gallagher
Insuranu ) R!sk Par nge{`gent C ,rsultirg
.•. Gallagher
+.•CORE 360 -
Master Crime Program
Carrier: Hiscox Insurance Company, Inc.
Policy Period: January 1, 2024 to January 1, 2025
Insured: Members of Colorado Counties Casualty and Property Pool as they appear
on the Named Insured Endorsement
Policy Form: Discovery Form
Retroactive Date: None
Limits/Deductibles:
*Members with Increased
Deductible (Per Loss):
Limits
(Per Occurrence) Insuring Agreement
Deductible
(Per Loss)
$ 1,000,000 lryle/it Employee Theft
B: Forgery
$ 1,000,000 Checks
$ 1,000,000 Payment Cards
$ 1,000,000 Counterfeit
C: Inside and Outside Loss
$ 1,000,000 Inside the Premises
$ 1,000,000 Outside the Premises
Coverage D: Tech Fraud
$ 1,000,000 Computer
$ 1,000,000 Funds Transfer
$ 250,000 Cyber Deception
$ 250,000 Telephone Toll
$ 250,000 Virus Restoration
$ 250,000 Licensing Violation
$ 50,000 Claim Expenses
$300,000 Deductible
$ 200,000*
$ 200,000*
$ 200,000*
$ 200,000*
N/A
• Fremont, Garfield, Gilpin, Grand, Gunnison, Logan, Montrose, Morgan, Park, Pueblo,
Routt, Summit and Weld
Endorsements: • Named Insured Added (lists members)
• Government Conversion with Faithful Performance Limit of Insurance $1,000,000
• Crime Elite Endorsement
• Extended Period to Discover Loss — 120 days
• Acts of Employees learned of by you prior to the Policy Period -$25,000
• Termination as to any employee — 90 days (no coverage if termination due to theft or any
other dishonest act committed by employee)
• Termination as to any employee because of theft, forgery or any dishonest act committed
by employee only if exceeds $25,000
• Definition of Employee amended to include any natural person independent contractor
whom you have the right to direct and control while performing acts within the usual
duties of an Employee
• Persons or Classes of Persons included with Sublimit
• Colorado Amendatory Endorsement (Endorsement No. 1)
• Economic and Trade Sanctions Policyholder Notice
Notification Requirements of
Losses: • Only on losses exceeding 50% of the deductible
All Crime Limits and Deductibles apply on a Per Occurrence Basis and are not shared with any other Coverage Party
limits. Claim Expense is on a Per Occurrence Basis and is a part of, and not in addition to, the limit applicable to the Loss
28
-.-2024 Arthur J. Gallagher & Co. All rights resented.
Gallagher
***CORE 360 -
Master Crime Program (Continued)
Exclusions including . Confidential Information
but not limited to: . Government Action
• Indirect Loss
• Legal Fee, Costs and Expenses
• Nuclear
• War, Military Action
• Inventory Shortages
• Accounting or Arithmetical Errors or Omissions — Coverage C
• Kidnap, Ransom and Extortion
• Money Operated Devices
• Motor Vehicles or Equipment or Accessories
• Vandalism
• Fraudulent Preparation or Input — Coverage H
Claims Reporting When You or an Executive Employee discovers a loss or a situation that my result in loss or
Instructions: damage to Money, Securities or Other Property that in your best estimate exceeds 50% of the
Deductible, notify the carrier as soon as practicable and in no event later than 90 days after
Discovery. If you have reason to believe that any loss except for loss covered under Fidelity,
Coverage A, involves a violation of the law, you must also notify the local law enforcement
authorities.
Claims are to be reported to:
H iscox
Alt Crime & Fidelity Claims Dept.
520 Madison Ave, 32nd Floor
New York, NY 10022
E-mail: D&Oclaimsraihiscox.com
Fax: 212.922.9652
And to:
Arthur J. Gallagher Risk Management Services, Inc.
Claims e-mail: GGB.NRCCIaimsCenterraiaia.com
;2024 Arthur J Gallagher & Co All rights reserved.
HISCOX INSURANCE COMPANY INC. (A Stock Company)
30 North LaSalle Street, Suite 1760, Chicago, IL 60602
HISCOX C -Suite (646) 452-2353
Commercial Crime Insurance Policy
DECLARATIONS
Broker no.:
Policy no.:
Renewal of:
1. Named insured:
Address:
2. Policy period:
3. General terms and
conditions wording:
4. Endorsements:
5. Notification of
claims to:
6. Total premium:
State surcharge:
US 0001197
UC21191167.24
UC21191167.23
Arthur J Gallagher Risk Management
Services
6300 S Syracuse Way Ste 700
Centennial, CO 80111
Members of the Colorado Counties Casualty and Property Pool (see endorsement CRI E9622)
c/o County Technical Services, Inc.800 Grant St Ste 400
Denver, CO 80203-2944
Inception date: 01/01/2024 Expiration date: 01/01/2025
Inception date shown shall be at 12:01 A.M. (Standard Time) to expiration date shown above at
12:01 A.M. (Standard Time) at the address of the named insured.
CSU P0001A CW (12-22)
The General Terms and Conditions applies to this policy in conjunction with the specific wording
detailed in each section below.
E2624.2 - War and Civil War Exclusion Endorsement
E1076.1 - Colorado Amendatory Endorsement
E1415.1 - Government Conversion with Faithful Performance Endorsement
E1411.1 - Crime Elite Endorsement
E1408.1 - Notice of Cancellation to Third Party Endorsement
E1456.2 - Named Insured Added
E1761.1 - Amend Definition of Extortion Endorsement (Ransomware; Virus)
E1779.1 - Amend War or Military Action Exclusion (Cyberwarfare and NCBR)
Hiscox Claims
5 Concourse Parkway, Suite 2150
Atlanta GA, 30328
Fax: 678-731-9501
Email: C-SuiteClaims@Hiscox.com
$ 89,011
N/A
CSUCRI D0001A CW (07/17)
Page 1 of 3
CR1DECADREN269
HISCOX INSURANCE COMPANY INC. (A Stock Company)
30 North LaSalle Street, Suite 1760, Chicago, IL 60602
e,A 1646) 452-2353
HISCOX C -Suite
Commercial Crime Insurance Policy
DECLARATIONS
Crime Coverage Part: CSUCRI P0001A CW (12-22)
Insuring Agreement A: Fidelity
(1) Employee Theft
(2) Third Parties' Property
(3) Vendor Theft
(4) Executives' Property
(5) ERISA (Limit Applies Per Plan)
Insuring Agreement B: Forgery
(1) Checks
(2) Payment Cards
(3) Executives' Accounts
(4) Counterfeit
Insuring Agreement C: Inside and
Outside Loss
(1) Inside Premises
(2) Outside Transit
(3) Extortion
Insuring Agreement D: Tech Fraud
(1) Computer
(2) Funds Transfer
(3) Cyber Deception
(4) Customers' Accounts
(5) Erroneous Transfer
(6) Telephone Toll
(7) Virus Restoration
(8) Licensing Violation
Claim Expenses
Identity Fraud Expenses
Crime Premium:
Limit
$ 1,000,000 Per Occurrence
Not Covered
Not Covered
Not Covered
Not Covered
$ 1,000,000 Per Occurrence
$ 1,000,000 Per Occurrence
Not Covered
$ 1,000,000 Per Occurrence
$ 1,000,000 Per Occurrence
$ 1,000,000 Per Occurrence
Not Covered
$ 1,000,000 Per Occurrence
$ 1,000,000 Per Occurrence
$ 250,000 Per Occurrence
Not Covered
Not Covered
$ 250,000 Per Occurrence
$ 250,000 Per Occurrence
$ 250,000 Per Occurrence
Deductible
$ 200,000 Per Occurrence
N/A
N/A
N/A
N/A
$ 200,000 Per Occurrence
$ 200,000 Per Occurrence
N/A
$ 200,000 Per Occurrence
$ 200,000 Per Occurrence
$ 200,000 Per Occurrence
N/A
$ 200,000 Per Occurrence
$ 200,000 Per Occurrence
$ 200,000 Per Occurrence
N/A
N/A
$ 200,000 Per Occurrence
$ 200,000 Per Occurrence
$ 200,000 Per Occurrence
$ 50,000 Per Occurrence (Shared with limit applicable to loss)
Not Covered N/A
$ 89,011
IN WITNESS WHEREOF, the Insurer indicated above has caused this Policy to be signed by its President and Secretary, but this
Policy shall not be effective unless also signed by the Insurer's duly authorized representative.
CSUCRI 00001A CW (07/17) Page 2 of 3
CRIDECADREN269
HISCOX INSURANCE COMPANY INC. (A Stock Company)
30 North LaSalle Street, Suite 1760, Chicago, IL 60602
A (646) 452-2353
HISCOX C -Suite
Commercial Crime Insurance Policy
DECLARATIONS
President
Secretary
Authorized Representative
Kevin Kerridge
December 7, 2023
Hiscox Inc.
CSUCRI D0001A CW (07/17)
Page 3 of 3
CRIDECADREN269
HISCOXC-Suite® General Terms and Conditions
I. Our promise to
you
In consideration of the premium charged, and in reliance on the statements made and information
provided to us, we will pay covered amounts as defined in this policy, provided you properly
notify us of claims, breaches, events, coverage enhancements, or losses, and meet your
obligations to us in accordance with the terms of this policy.
II. Limits of liability
Regardless of the number of Coverage Parts you have purchased, the maximum we will pay for all
covered amounts will be as follows:
Coverage part limit A. Each Coverage Part purchased will be subject to a coverage part limit (if one is stated in the
Declarations), which is the maximum amount we will pay for all covered amounts under that
Coverage Part, other than coverage enhancements or other items we have expressly
agreed to pay in addition to the limit. The coverage part limit will be in excess of any
applicable retention.
Each claim limit B. The Each Claim Limit stated in the Declarations is the maximum amount we will pay for all
covered amounts for each covered claim, unless a lower sublimit is specified, in which case
the sublimit is the maximum amount we will pay for the type of covered claim to which the
sublimit applies. The Each Claim Limit, or any sublimit, will be in excess of any applicable
retention and will be a part of, and not in addition to, any applicable coverage part limit.
Each breach limit C. The Each Breach Limit stated in the Declarations (if you have purchased a relevant
Coverage Part) is the maximum amount we will pay for all covered amounts for each
covered breach, unless a lower sublimit is specified, in which case the sublimit is the
maximum amount we will pay for the type of covered breach or costs to which the sublimit
applies. The Each Breach Limit, or any sublimit, will be in excess of any applicable retention
and will be a part of, and not in addition to, any applicable coverage part limit.
Multiple Coverage Parts D. If the same claim or related claims, breach, event, or coverage enhancement is covered
under more than one Coverage Part (other than under the Management Liability Coverage
Parts), we will pay only under one Coverage Part, which will be the Coverage Part that
provides the most favorable coverage.
If the same claim or related claims or coverage enhancement is covered under more than
one Management Liability Coverage Part, we will pay under all applicable Coverage Parts,
up to the combined coverage part limits of the triggered Coverage Parts. However:
1. if loss is payable under two or more Coverage Parts subject to separate coverage part
limits, the retentions under each triggered Coverage Part will apply separately and
one retention will not be eroded by payment of the retention applicable to another
Coverage Part; and
2. if loss is payable under two or more Coverage Parts subject to a shared coverage part
limit, you will be responsible only for the payment of one retention, which will be the
highest applicable retention of the triggered Coverage Parts.
III. Your obligations
to us
Your duty to cooperate A. You must cooperate with us in the defense, investigation, and settlement of any claim,
potential claim, breach, event, or coverage enhancement notified to us, including but not
limited to:
1. notifying us immediately if you receive any settlement demands or offers, and sending
us copies of any demands, notices, summonses, or legal papers;
2. submitting to examination and interrogation under oath by our representative and giving
us a signed statement of your answers;
3. attending hearings, depositions, and trials as we request;
CSU P0001A CW (12/22) Page 1 of 6
HISCOXC-Suite General Terms and Conditions
4. assisting in securing and giving evidence and obtaining the attendance of witnesses;
5. providing written statements to our representative and meeting with such representative
for the purpose of investigation and/or defense;
6. providing all documents and information we may reasonably request, including
authorizing us to obtain records; and
7. pursuing your right of recovery from others.
Your obligation not to incur B. You must not make any payment, incur any expense, including any claim expenses, admit
any expense or admit liability any liability, or assume any obligation without our prior consent. If you do so, it will be at
your own cost and expense.
Your representations
C. You warrant that all representations made and all materials submitted by you or on your
behalf in connection with the application for this policy are true, accurate, and not
misleading, and agree they were relied on by us in our decision to issue this policy to you. In
the event the representations or materials are not true, accurate, and complete, we will not
impute the knowledge of one insured to any other insured, and only the knowledge of any
past, present, or future Chief Executive Officer, Chief Financial Officer, or Risk Manager (or
equivalent positions) of the named insured will be imputed to the named insured. However,
other than the Crime Coverage Part, to which this subsection C will not apply, we will not
rescind this policy in whole or in part for any reason.
IV. Discovery
period
A. If we or the named insured cancel or non -renew this policy, then the named insured will
have the right to purchase a discovery period for the duration and at the percentage of the
expiring premium stated in Item 4 of the Declarations.
The discovery period, if purchased, will start on the effective date of cancellation or non -
renewal. However, the right to purchase a discovery period will not apply if:
1. this policy is canceled by us for nonpayment of premium; or
2. the total premium for this policy has not been fully paid.
Notice of election and full payment of the additional premium for the discovery period must
be received by us within 30 days after the effective date of cancellation or non -renewal,
otherwise any right to purchase the discovery period will lapse.
B. If an insured organization experiences a change in control as described in Section V. Other
provisions affecting coverage, D. Change in control, the named insured will have the right to
request an offer of a discovery period from us within 30 days of the change in control event.
The duration and percentages stated in Item 4 of the Declarations will not apply to any
discovery period purchased under this subsection B. Instead, we and the insured
organization will agree to the duration of and premium to be charged for the discovery
period at the time of the change in control event. In the event of a change in control, the
named insured will have no other right to purchase a discovery period except as described
in this subsection B.
C. Regardless of how it is purchased, the discovery period will apply only to claims that
1. are first made against you and reported to us during the discovery period; and
2. arise from:
wrongful acts that take place prior to the effective date of the (i) cancellation or
non -renewal of this policy, or (ii) change in control; or
b. a breach that takes place on or after the retroactive date but prior to the effective
date of the (i) cancellation or non -renewal of this policy, or (ii) change in control.
The discovery period will not apply to any reputation risk event which occurs during the
discovery period.
D. The additional premium will be fully earned at the inception of the discovery period.
CSU P0001A CW (12/22) Page 2 of 6
�A
HISCOXC-Suite General Terms and Conditions
The limits of liability applicable during any purchased discovery period will be the remaining
available coverage part limit. There will be no new or additional limit of liability available for any
purchased discovery period.
The right to purchase a discovery period will apply only to Coverage Parts you have purchased
that include coverage written on a claims -made basis, and will not apply to the Crime Coverage
Part.
V. Other provisions
affecting
coverage
Alteration and assignment
Bankruptcy or insolvency
Cancellation
Change in control
Coverage territory
A. No change in, modification of, or assignment of interest under this policy will be effective
unless made by written endorsement to this policy signed by our authorized representative.
B. Your bankruptcy or insolvency will not relieve us of any of our obligations under this policy.
C. 1. This policy may be canceled by the named insured by giving written notice, which must
include the date the cancellation will be effective, to us at the address stated in the
Declarations.
2. This policy may be canceled by us only if you fail to pay the premium. We will mail to
the named insured by registered, certified, or other first-class mail (or by email where
allowed by applicable law), at the named insured's address (or email address) stated
in Item 1 of the Declarations, written notice which must include the date the cancellation
will be effective. The effective date of the cancellation will be no less than fifteen days
after the date of the notice of cancellation.
3. The mailing (or emailing) of the notice will be sufficient proof of notice, and this policy
will terminate at the date and hour specified in the notice.
4. If this policy is canceled by the named insured, we will return a pro rata proportion of
the premium.
5. Payment or tender of any unearned premium by us will not be a condition precedent to
the cancellation, but such payment will be made as soon as possible.
6. If you have purchased a Crime Coverage Part, the rules for cancellation contained in
Section VIII. Other provisions affecting coverage, A. Cancellation of that Coverage Part
will govern its cancellation.
D. If, during the policy period stated in Item 2 of the Declarations:
1. any other person or entity acquires management control of an insured organization;
or
2. any insured organization changes its status from nonprofit to for-profit,
as to that insured organization, this policy will cover only claims arising from wrongful
acts, breaches, or events that took place prior to the effective date of change in control,
unless you and we agree in writing otherwise.
If the named insured undergoes a change in control, the named insured must provide us
with written notice no later than 30 days after the effective date of such change in control,
together with any other information we may require.
This subsection D. Change in control does not apply to the Crime Coverage Part.
E. This policy will apply to wrongful acts, breaches, events, coverage enhancements, or
losses that take place anywhere in the world.
However, with respect to claims brought outside the United States, its territories or
possessions, or Canada, this policy will not apply:
1. to any claim brought in any country in which the United States (or any of its
CSU P0001A CW (12/22) Page 3 of 6
HISCOXC-Suite General Terms and Conditions
Estates, heirs, legal
representatives, spouses, and
domestic partners
Other insurance
Related claims/wrongful acts
Subrogation I.
departments, agencies, or subdivisions) administers or enforces economic or trade
sanction laws; or
2. if it would otherwise be in violation of the laws of the United States.
F. If this policy is triggered by a claim brought against an employee, it will also apply to the
employee's:
1. estates, heirs, executors, administrators, trustees in bankruptcy, assignees, and legal
representatives; or
2. lawful spouse or lawful domestic partner;
but only:
a. for a covered claim arising from the scope of the employee's work for you; or
b. in connection with their ownership interest in property which the claimant seeks as
recovery in a covered claim arising from the scope of the employee's work for you.
G. Any payment due under this policy is specifically excess of and will not contribute with any
other valid and collectible insurance, unless such other insurance is written specifically as
excess over this policy.
However, if you have purchased:
1. an EPL Coverage Part, that Coverage Part will be primary with respect to and will not
contribute with any other valid and collectible insurance, except when such other
insurance is expressly written to be excess over other applicable insurance.
2. a Crime Coverage Part, rules for how that Coverage Part will be treated when there is
other valid and collectible insurance are contained in Section VIII. Other provisions
affecting coverage, I. Other insurance of that Coverage Part.
H. All related claims, regardless of when made, will be treated as one claim, and all
subsequent related claims will be deemed to have been made against you on the date the
first such claim was made.
However, if more than one claim is made against you resulting from the same breach, and
such claims trigger both a Management Liability Coverage Part and another Coverage
Part, the claim(s) triggering any Management Liability Coverage Part will be treated as one
claim, and the claim(s) triggering any other Coverage Parts) will be treated as another
claim.
If, by operation of this provision, the claim is deemed to have been made during any period
when we insured you, it will be subject to only one retention and one limit of liability
regardless of the number of claimants, insureds, or claims involved..
In the event of any payment by us under this policy, we will be subrogated to all of your
rights of recovery to that payment. We will not, however, subrogate against any insured
person, unless such insured person has been convicted of a criminal act, or been
determined by a final, non -appealable adjudication to have committed a dishonest or
fraudulent act, or obtained any profit or advantage to which such insured was not legally
entitled.
You will do everything necessary to secure and preserve our subrogation rights, including
but not limited to the execution of any documents necessary to allow us to bring suit in your
name.
You will do nothing to prejudice our subrogation rights without our prior written consent.
With the exception of any recovery under the Crime Coverage Part, any recovery first will be
paid to you up to the amount of any retention you have paid, and then to us up to the
amount of any covered amounts we have paid.
In the event we pay indemnifiable loss on behalf of an insured person, our subrogation
rights will also include the assertion of indemnification or contribution rights with respect to
any such payments we make. Additionally, at the point we make any payment of loss within
the retention, we will have a direct contractual right under this policy to recover from the
insured organization, or in the event of the bankruptcy of the insured organization, from
CSU P0oo1A CW (12/22) Page 4 of 6
HISCOXC-Suite General Terms and Conditions
the debtor -in -possession (or equivalent position outside the United States), loss we paid
within the retention. This contractual right of recovery will be in addition to and independent
of our subrogation rights under this subsection I and any other rights we may have under
applicable law.
Solely with respect to the Fiduciary Coverage Part, we will not exercise our subrogation
rights unless required to exercise our recourse rights under ERISA, in which case any
amounts we recover based on such recourse rights will be added back to the coverage part
limit applicable to the Fiduciary Coverage Part, accounting for any costs, expenses, or
reimbursements we incurred in pursuing such recovery.
With respect to any loss under the Crime Coverage Part, you must transfer to us all of your
rights of recovery against any person or organization for any loss you sustain and which we
have paid. Additional rules governing the payment of recoveries under the Crime Coverage
Part are contained in Section IV. Limits of liability and settlement, E. Recoveries, of that
Coverage Part.
Titles J. Titles of sections of and endorsements to this policy are inserted solely for convenience of
reference and will not be deemed to limit, expand, or otherwise affect the provisions to which
they relate.
VI. Definitions
applicable to all
Coverage Parts
Application
The following definitions apply to all Coverage Parts you have purchased. If the same term is
defined here and in a Coverage Part, then the definition in the Coverage Part will govern the
coverage provided under that Coverage Part.
means the signed application for the policy, any attachments and materials submitted with that
application, and any other information that is filed by an insured or otherwise publicly available. If
this policy is a renewal or replacement of a previous policy issued by us, application also includes
all previous signed applications, attachments, and materials. With respect to the Fiduciary
Coverage Part (if purchased), application will also mean any public documents filed by the named
insured or any subsidiary with any federal, state, local, or foreign regulatory agency, during the
one-year period prior to the inception of the policy period. The application forms a part of this
policy.
Continuity date means the date stated as such in the Declarations with respect to each Coverage Part you have
purchased which includes a continuity date.
Coverage part limit means the amount stated in the Declarations as the aggregate limit applicable to each Coverage
Part you have purchased which is subject to an aggregate limit.
Covered amounts means any amounts we have expressly agreed to pay under any Coverage Part you have
purchased.
Discovery period means the time period described in Section IV. Discovery period of these General Terms and
Conditions which is purchased by the named insured to extend the length of time you have to
report claims arising from otherwise covered wrongful acts committed, or breaches that take
place, before the inception of the discovery period.
Employee means an employee as defined in each Coverage Part you have purchased.
Foreign jurisdiction means any jurisdiction other than the United States or any of its territories or possessions.
Insolvency means the:
1. appointment by any government official, agency, commission, court, or other governmental
authority of a receiver, conservator, liquidator, trustee, rehabilitator, or similar official to take
control of, supervise, manage, or liquidate an insolvent insured organization;
2. filing of a petition under the bankruptcy laws of the United States; or
3. foreign equivalent of 1 or 2 above.
CSU P0001A CW (12/22) Page 5 of 6
N,A
HISCOXC-Suite General Terms and Conditions
Management control means having:
1. an ownership interest of more than 50%;
2. an ownership interest representing more than 50% of the voting, appointment, or designation
power for the selection of a majority of the board of directors, the management committee
members, or the members of the management board, whichever is applicable; or
3. the right, whether by law, written contract, or the bylaws, charter, operating agreement, or
similar documents of an entity, to elect, appoint, or designate a majority of the board of
directors, the management committee, or the management board, whichever is applicable.
Management Liability
Coverage Part
means any D&O Coverage Part, the Public Officials Liability Coverage Part, the Educators Legal
Liability Coverage Part, the EPL Coverage Part, the Fiduciary Coverage Part, and/or the Employed
Lawyers Coverage Part.
Policy period means the period of time stated in Item 2 of the Declarations, and any discovery period, if
purchased.
Related claims means all claims that are based upon, arise out of, or allege:
1. the same wrongful act or related wrongful acts; or
2. the same breach.
The determination of whether a claim is related to another claim will not be affected by the
number of claimants or insureds involved, causes of action asserted, or duties involved.
Related wrongful acts means wrongful acts that:
1. are based upon, arise out of, or allege the same, repeated, or continuous breach of duty,
neglect, error, misstatement, misleading statement, omission, or act;
2. are based upon, arise out of, or allege a common fact, circumstance, situation, event, service,
transaction, cause, or origin, or the same or related damages; or
3. have as a common nexus or nucleus any facts or series of facts.
Retention means the amount or time stated as such in the Declarations. Any references to "deductible" in
any Coverage Part you have purchased will have the same meaning as retention.
Retroactive date means the date stated as such in the Declarations with respect to each Coverage Part you have
purchased which includes a retroactive date.
We, us, or our
Wrongful act
means the Company stated in the Declarations as issuing this policy.
means wrongful act (as defined in any D&O Coverage Part, the Public Officials Liability Coverage
Part, or the Educators Legal Liability Coverage Part), employment practices wrongful act (as
defined in the EPL Coverage Part), fiduciary wrongful act (as defined in the Fiduciary Coverage
Part), or employed lawyers wrongful act (as defined in the Employed Lawyers Coverage Part).
You, your, or insured means any individual or entity expressly described as an insured in any Coverage Part you have
purchased.
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Crime Coverage Part
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I. Insuring
agreements
Fidelity
If a limit appears on the Declarations indicating you have purchased the coverage, we will pay up
to the stated limit for any loss which exceeds the applicable deductible (except no deductible will
apply to Insuring agreement A.5. ERISA) for:
A. loss of or damage to money, securities, or other property:
1. Employee Theft: sustained by you resulting directly from theft or forgery committed by
an employee, whether identified or not, acting alone or in collusion with other persons;
2. Third Parties' Property: sustained by your client or vendor, or other persons with
whom you or your employees interact in connection with the performance of your
business operations, resulting directly from theft or forgery committed by an identified
employee, acting alone or in collusion with other persons, including an employee in
collusion with an employee of your client or vendor or other persons;
3. Vendor Theft: sustained by you resulting directly from theft committed by an identified
employee of your vendor, other than an employee with an ownership interest greater
than 25% in the vendor, acting alone or in collusion with other persons, but only to the
extent you cannot recover under your contract with the vendor or from any insurance
or indemnity carried by the vendor;
4. Executives' Property: sustained by an executive employee resulting directly from theft
or forgery committed by an employee, whether identified or not, acting alone or in
collusion with other persons; or
5. ERISA: sustained by an employee benefit plan resulting directly from fraudulent or
dishonest acts, including larceny, theft, embezzlement, forgery, misappropriation,
wrongful abstraction or conversion, wrongful misapplication, or any other fraudulent or
dishonest act prohibited under 18 U.S.C. § 1954, committed by a fiduciary of any
employee benefit plan, whether identified or not, acting alone or in collusion with other
persons.
The coverage provided under this Insuring agreement A. Fidelity will terminate:
as to any loss, once you or an executive employee not acting in collusion with any
person who committed the act in question discovers the theft, forgery, or other
dishonest act.
b. as to an employee, once an executive employee not acting in collusion with the
employee learns that the employee committed a theft, forgery, or other dishonest act:
i. after being employed by you; or
ii. resulting in loss exceeding $10,000 before becoming employed by you.
The coverage provided under Insuring agreement A.3. Vendor Theft will apply only if there is
a written agreement between you and your vendor requiring the vendor to provide Crime or
Fidelity Insurance with limits of liability equal to or greater than those available under this
Coverage Part, and which covers your property in the care, custody, and control of the
vendor and/or its employees.
Forgery B. loss:
1. Checks: sustained by you resulting directly from forgery, alteration, or counterfeiting of
any negotiable instruments that are made or drawn by you (or by your agent) or
purported to have been so made or drawn;
2. Payment Cards: sustained by you resulting directly from the fraudulent use of any
credit, debit, convenience, stored -value, charge, gas, p-, purchase, or procurement
card, or a similar instrument issued to you or any employee for business purposes so
long as you or the employee have complied fully with the provisions, conditions, or
other terms under which the card or instrument was issued;
3. Executives' Accounts: sustained by an executive employee resulting directly from
forgery, alteration, or counterfeiting of any negotiable instruments made or drawn by
the executive employee or purported to have been so made or drawn; or
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4. Counterfeit sustained by you resulting directly from your good faith exchange of
merchandise, money, or services for:
a. money orders issued by any post office, express company, or financial
institution, and that are not paid upon presentation; or
b. counterfeit money received during the regular course of business.
With respect to any loss under this Insuring agreement B. Forgery, the following apply:
i. a substitute check as defined in the Check Clearing for the 21st Century Act will be
treated the same as the original it replaced;
ii. signatures produced or reproduced electronically, mechanically, or by other means will
be treated the same as handwritten signatures; and
iii. you must include with your proof of loss any instrument involved in the loss or an
affidavit stating the amount and cause of loss if you cannot provide the instrument.
Inside and outside loss C. 1. Inside Premises:
loss of money or securities inside the premises or financial institution
premises resulting directly from:
i. theft committed by a person present inside the premises or financial
institution premises; or
ii. disappearance or destruction of such money or securities;
b. loss of or damage to other property:
i. inside the premises resulting directly from an actual or attempted robbery
of a custodian; or
ii. in a safe or vault inside the premises resulting directly from an actual or
attempted safe burglary;
c. damage to the premises or its exterior resulting directly from an act described in
parts a orb above if you are the owner of the premises or are liable for damage
to it; or
d. loss of or damage to a locked safe, vault, cash register, cash box, or cash drawer
located inside the premises resulting directly from an actual or attempted theft of
or unlawful entry into such containers;
2. Outside Transit:
loss of money or securities outside the premises or financial institution
premises in the care and custody of a messenger or armored motor vehicle
company, regardless of whether such messenger or vehicle is in transit, and
resulting directly from theft, disappearance, or destruction; or
b. loss of or damage to other property outside the premises or financial
institution premises in the care and custody of a messenger or armored motor
vehicle company, regardless of whether such messenger or vehicle is in transit,
and resulting directly from an actual or attempted robbery; or
3. Extortion: loss of money, securities, or other property resulting directly from
extortion outside the premises.
However, we will only pay:
for the amount of loss you cannot recover under your contract with the armored motor
vehicle company and from any insurance or indemnity carried by or for the benefit of
customers of the company; or
b. up to $10,000 for any one occurrence of loss of or damage to:
i. precious metals, precious or semi-precious stones, pearls, furs, or completed or
partially completed articles made of or containing such materials constituting the
principal value of such articles; or
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Crime Coverage Part
Loss Discovered Policy
ii. manuscripts, drawings, or records of any kind, or the cost of reconstructing them
or reproducing any information contained in them.
D. 1. Computer: loss of or damage to money, securities, or other property resulting directly
from computer fraud, but we will only pay up to $10,000 for any one occurrence of
loss of or damage to manuscripts, drawings, or records of any kind, or the cost of
reconstructing them or reproducing any information contained in them;
2. Funds Transfer: loss of or damage to money or securities contained in your transfer
account sustained by you resulting directly from funds transfer fraud;
3. Cyber Deception: loss of or damage to money or securities sustained by you resulting
directly from cyber deception;
4. Customers' Accounts: loss of or damage to:
money, securities, or other property sustained by your client or vendor, or
other persons with whom you or your employees interact in connection with the
performance of your business operations, resulting directly from computer fraud,
funds transfer fraud, or cyber deception, provided such loss is asserted against
you by the client, vendor, or other person based on your access to that client's,
vendor's, or other person's money, securities, or other property maintained in
a financial institution premises or transfer account; or
b. money sustained by your client or vendor resulting directly from the intentional
use of your computer system to mislead or deceive your client or vendor and
which results in your client's or vendor's transfer of money intended for you to
another person or entity;
5. Erroneous Transfer: loss of or damage to money or securities sustained by you
resulting directly from an erroneous funds transfer by an employee or executive
employee, provided you must notify and request reimbursement from the financial
institution from which the money or securities were transferred within two business
days after discovery of the error, and such loss will not be covered until the financial
institution has:
a. attempted to recover the money or securities from the financial institution to
which they were transferred; and
b. formally denied your request to return the money or securities to you;
6. Telephone Toll: loss from long distance telephone charges incurred by you resulting
directly from fraudulent use or manipulation of an account code or system password
required to gain access into your voice computer system, provided such loss did not
result from the failure to:
install and maintain in operating condition a call disconnect feature to terminate a
caller's access after three unsuccessful attempts to enter an account code;
b. incorporate a system password; or
c. change a system password every 60 days.
We will only pay for loss resulting from telephone toll charges for a period of not more
than 30 days, beginning on the date on which the first such charges were incurred, for
all telephone lines directly controlled by one voice computer system.
7. Virus Restoration: costs you incur to restore or replace damaged or destroyed
electronic data or computer programs stored within your computer system resulting
directly from:
a. a virus directed solely against you designed to damage or destroy electronic data
or computer programs and introduced maliciously by a natural person; or
b. vandalism by a natural person who has gained unauthorized access to your
computer system,
including reasonable costs you incur to:
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't. Crime Coverage Part
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i. restore your computer system to the level of operational capability that existed
before the virus or vandalism occurred; or
ii. identify and remediate errors or vulnerabilities in your computer system in order to
prevent future similar incidents.
8. Licensing Violation: fines and penalties for which you are legally liable as a direct result
of the unauthorized reproduction of computer software, sound recordings, or visual
media by an employee in violation of a licensing agreement with a third party vendor,
provided the unauthorized reproduction is done:
a. without your or an executive employee's knowledge; and
b. without the knowledge of any other person having responsibility for compliance
with the terms of the software licensing agreement.
We will pay loss under this Coverage Part only if the loss results directly from an occurrence that is discovered by you or an
executive employee during the policy period or during the extended period to discover loss, if applicable, and is reported to us
in accordance with Section V. Your obligations, B. Notifying us of losses.
II. Coverage
enhancements
We will also make the following payments:
Additional premises or A. If, while this policy is in force, you establish any additional premises or hire additional
employees employees, other than through consolidation, merger, purchase, or acquisition with or of
another entity, such premises and employees will automatically be covered under this
Coverage Part. You will not be required to notify us of such increase in the number of
premises or employees, and we will not charge any additional premium for the remainder of
the policy period for this coverage.
Claim expenses B. We will reimburse you up to the limit stated in the Declarations for the reasonable costs, fees,
and other expenses incurred by you with our prior written consent to pay an independent
accounting, auditing, or other service, that is not a client, to determine the existence or
amount of a loss covered under this Coverage Part.
We will not make any payment under this subsection B unless there is a covered loss which
exceeds the deductible, and any amounts we pay will be a part of, and not in addition to, the
limit of liability applicable to such loss.
Forgery claim expenses C. If you or an executive employee are sued because of the refusal to pay any instrument
described in Section I. Insuring agreement B. Forgery on the basis it has been forged,
altered, or counterfeited, and if you have our prior written consent to defend against the suit,
we will pay for the reasonable legal expenses that you or the executive employee incur for
that defense.
No deductible will apply to this subsection C, and any amounts we pay will be in addition to,
and not a part of, the limit of liability applicable to Section I. Insuring agreement B. Forgery.
Identity fraud expenses D. We will pay up to the limit stated in the Declarations for identity fraud expenses incurred by
you or an executive employee resulting directly from identity fraud, provided the identity
fraud results from an occurrence that is discovered by you or an executive employee
during the policy period, and the loss is reported to us in accordance with Section V. Your
obligations, B. Notifying us of losses.
We will not make any payment under this subsection D unless there is a covered loss which
exceeds the deductible.
III. Who is an
insured
For purposes of this Coverage Part, you, your, or insured means a named insured, subsidiary,
employee benefit plan, or acquired entity, as defined below:
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Named insured means the entity identified in Item 1 of the Declarations.
Subsidiary
means any entity of which the named insured has management control, either directly or
indirectly through one or more other subsidiaries, before or during the policy period. This
Coverage Part will cover losses sustained by an entity prior to such entity becoming a subsidiary,
but only if such losses are discovered by you or an executive employee during the policy
period or the extended period to discover loss, if applicable, and while the entity is under the
named insured's management control.
Employee benefit plan means any welfare or pension benefit plan that is sponsored by the named insured, a subsidiary,
or an acquired entity, whether or not such plan is subject to the Employee Retirement Income
Security Act of 1974 (ERISA), as may be amended.
Acquired entity
means an entity in which the named insured, during the policy period:
1. acquires substantially all of the assets;
2. acquires the majority of its voting securities, as a result of which it becomes a subsidiary; or
3. merges and leaves the named insured as the surviving entity.
This Coverage Part will cover losses sustained by an acquired entity at any time, including prior to
such acquired entity's acquisition, provided the loss is discovered by you or an executive
employee during the policy period or the extended period to discover loss, if applicable.
With respect to an acquired entity whose total employee count exceeds 35% of the named
insured's total employee count (as reflected in your most recent reported employee count to us
prior to the inception of this policy) at the time of its acquisition, any coverage under this Coverage
Part will expire 90 days after the effective date of its acquisition unless, within such 90 day period:
1. the named insured provides us with written notice of such acquisition;
2. the named insured provides us with information related to such acquisition as we may
reasonably require;
3. the named insured accepts any special terms, conditions, exclusions, or additional premium
charge as we may reasonably require; and
4. we agree by written endorsement to provide such coverage.
IV. Limits of liability
and settlement
Limits of liability A. The maximum we will pay for all covered loss will be as follows:
1. The maximum amount we will pay for all covered loss resulting directly from an
occurrence is the applicable limit stated in the Declarations. If the same occurrence is
covered under more than one Insuring agreement, we will pay only under one limit,
which will be the highest applicable limit.
2. However, if the same occurrence is covered under Insuring agreement D.3. Cyber
Deception and any other Insuring agreement(s), we will pay only under Insuring
agreement D.3. Cyber Deception, regardless of which Insuring agreement has the
highest applicable limit.
3. Solely with respect to the coverage provided by Insuring agreement A.5. ERISA, the
limit will apply separately to each employee benefit plan. If the same occurrence
triggers both Insuring agreements Al. Employee Theft and A.5. ERISA, we will pay
under both limits.
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4. If the limit stated in the Declarations for Insuring agreement A.5. ERISA no longer
complies with the minimum amount of coverage required for an employee benefit plan
under ERISA, we agree to increase the limit applicable to each such employee benefit
plan to an amount equal to the minimum amount of coverage required under ERISA,
provided:
a. the noncompliance was not due to investment in non -qualified assets; and
b. the original limit was in compliance at the inception of the policy period.
5. Any payments we make to an employee benefit plan for losses it sustains must be
held by that employee benefit plan's sponsor for the use and benefit of the employee
benefit plan.
Ownership of property and B. This Coverage Part applies to personal property only as follows:
interests covered
iiry
replacingPolcyBrdlsustained
Recoveries
1. With respect to Insuring agreements A.1. Employee Theft and A.3. Vendor Theft,
coverage is limited to property you own or lease.
2. With respect to Insuring agreements A.2. Third Parties' Property and D.4. Customers'
Accounts, coverage is limited to property:
a. your client or vendor, or other person with whom you or your employees
interact in connection with the performance of your business operations, owns or
leases;
b. your client or vendor, or other person with whom you or your employees
interact in connection with the performance of your business operations, holds for
others, whether or not anyone described in this part b is legally liable for the loss
of such property; or
c. that is owned, leased, or held by any individual or entity (other than you or an
employee) for which you are legally liable.
3. With respect to Insuring agreements, A.4. Executives' Property, B.3. Executives'
Accounts, coverage is limited to property that an executive employee owns, leases, or
holds for others.
4. With respect to all other Insuring agreements, coverage is limited to property:
a. you own or lease; or
b. you hold for others whether or not you are legally liable for the loss of such
property.
However, this policy is for your benefit only. It provides no rights or benefits to any other
person or organization. Any claim for loss under this Coverage Part must be presented by
you.
C. If this policy replaces insurance that provided you with an extended period of time after
cancellation to discover loss, which did not terminate at the time this policy became effective,
we will not pay for any loss that occurred during the prior policy's policy period which you or
an executive employee discover during that extended period to discover loss.
However, we will pay the amount of any loss which exceeds the combined total of the limit
and deductible of that prior policy if the loss would otherwise be covered under this Coverage
Part. Any such payments will not be greater than the difference between the limit of that prior
policy and the applicable limit of this Coverage Part. No deductible will apply to this excess
loss.
D. 1. Any recoveries, whether made before or after any payment under this Coverage Part, or
by you or us, will be applied as follows:
a. first, to the expenses incurred by you or us to pursue the recovery, whoever
incurred it;
b. second, to you for your loss in excess of the amount of loss we paid under this
Coverage Part, if the excess loss would otherwise be covered;
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c. third, to us for all amounts we paid in settlement of your claim;
d. fourth, to you for the amount of any applicable deductible you paid; and
e. fifth, to you for any loss not covered under this Coverage Part resulting from the
same occurrence.
2. Accelerated Deductible Recovery:
A percentage of all recoveries under part 1 above will be paid to you in satisfaction of
any deductible. Recoveries will be shared by us and you in the same proportion as the
deductible and the amount of loss we paid under this Coverage Part.
3. Recoveries under this subsection D do not include any recovery:
a. from insurance, suretyship, reinsurance, security, or indemnity taken for our
benefit; or
b. of original securities after duplicates of them have been issued.
Valuation E. We will determine the value of any loss as follows:
1. Money:
We will pay for loss of money issued by the United States up to its face value.
At your option, we will pay for loss of money issued by any country other than the
United States at face value in the money issued by that country or in the United States
dollar equivalent.
With respect to Bitcoin or any other digital currency, crypto currency, or electronic
currency, we will pay for loss of such money in the United States dollar equivalent
determined by the exchange rate published by the exchange in which you held such
currency on the date the loss was discovered. However, if you did not hold such
currency in an exchange, we and you will each select an exchange and we will take the
average of the exchange rates posted by each exchange on the date the loss was
discovered.
2. Securities:
We will pay for loss of securities up to their face value at the close of business on the
date the loss was discovered. At our option, we may pay:
a. the market value of such securities or replace them in kind, and in return you
must assign to us all of your rights, title, and interest in those securities; or
b. the cost of any Lost Securities Bond required in connection with issuing duplicates
of the securities. However, we will pay only up to the amount of the cost of the
bond as would be charged fora bond having a penalty not exceeding the lesser
of:
i. the market value of the securities at the close of business on the date the
loss was discovered; or
ii. the limit of liability applicable to the loss.
However, solely with respect to any loss of securities directly resulting from an
extortion, we will pay the market value of such securities on the date they were
surrendered, and not the date the extortion was discovered.
3. Other property:
We will pay replacement cost, without deduction for depreciation, for loss of or damage
to other property, or for loss from damage to the premises or its exterior.
However, we will not pay more than the lowest of the following:
a. the cost to replace the lost or damaged property with property of comparable
material and quality and used for the same purpose;
b. the amount you actually incur that is necessary to repair or replace the lost or
damaged property; or
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c. the limit of liability applicable to the loss.
However, solely with respect to any loss of other property directly resulting from an
extortion, we will pay the lesser of (1) its replacement cost without deduction for
depreciation at the time such other property was surrendered, or (2) the limit of liability
applicable to the loss.
We will not make any payment on a replacement cost basis:
i. until the lost or damaged property is actually repaired or replaced; and
ii. unless the repair or replacement is made as soon as reasonably possible after the
loss or damage.
If the lost or damaged property is not repaired or replaced, we will pay on an actual cash
value basis.
We will, at our option, pay loss of or damage to property other than money in the currency of
the country in which the loss or damage occurred or in the United States dollar equivalent.
If you sustain a covered loss in a country outside of the United States or its territories or
possessions, and you incur additional federal or state tax liability as a result of our payment
in the United States rather than the country in which the loss was sustained, we will adjust
the loss to compensate you for such tax liabilities.
Any property we pay for or replace becomes our property.
V. Your obligations
Deductible
Notifying us of losses
A. Except for loss covered by Insuring agreement A.5. ERISA, we will have no obligation to
make any payment under this Coverage Part unless the amount of the loss exceeds the
applicable deductible. We will then pay the amount of loss in excess of the deductible, up to
the applicable limit of liability.
B. After you or an executive employee discovers a loss of, damage to, or a situation that may
result in loss of or damage to, money, securities, or other property that, in your best
estimate, would exceed 50% of the deductible, you must
1. notify us as soon as possible after discovery of such loss, damage, or situation;
2. give us a detailed, sworn proof of loss within 120 days after your notification to us of
such loss, damage, or situation;
3. cooperate with us in the investigation and settlement of any claim;
4. produce for our examination all pertinent records;
5. submit to examination under oath at our request and give us a signed statement of
your answers;
6. secure all of your rights of recovery against any person or organization responsible for
the loss and do nothing to impair those rights;
7. send us, within 60 days after our request, receipts, bills, or other records that support
any claim for identity fraud expenses covered under Section II. Coverage
enhancements, D. Identity fraud expenses; and
8. notify the local law enforcement authorities, but only if you have reason to believe any
loss (except for loss covered under Insuring agreement A. Fidelity) involves a violation
of law.
Records C. You must keep records of all property covered by this Coverage Part so that we can verify
the amount of any loss.
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Unreported extortion
D. As a condition precedent to coverage under Insuring agreement C.3. Extortion, you must use
reasonable efforts to report any threat communicated to you to an executive employee, the
appropriate local law enforcement authorities, and the FBI prior to surrendering the money,
securities, or other property.
VI. Exclusions —
What is not
covered
A. Exclusions applicable
to the entire Crime
Coverage Part
Acts committed by owners
Confidential or personal
information
We will have no obligation to pay any sums under this Coverage Part for any:
1. loss resulting from theft or any other dishonest act committed by:
a. you, if you are a sole proprietorship; or
b. if you are not a sole proprietorship:
i. any of your partners or members; or
ii. any natural person who has a 25% or greater ownership interest in any one or
more insureds or the right, whether by law, written contract, or the bylaws,
charter, operating agreement, or similar documents of any insured, to exercise
control over any such insured,
whether acting alone or in collusion with other persons.
However, this exclusion will not apply to otherwise covered acts committed by a fiduciary
under Insuring agreement A.5. ERISA.
2. loss resulting from:
a. the disclosure or use of another person's or organization's confidential or personal
information; or
b. the disclosure of your confidential or personal information; however, this subsection b
will not apply to otherwise covered loss directly resulting from the use of your
confidential or personal information.
For purposes of this exclusion, confidential or personal information includes, but is not limited
to, patents, trade secrets, processing methods, customer lists, financial information, credit
card information, social security numbers, health information, or any other type of non-public
information.
Data security breach 3. fees, costs, fines, penalties, or other expenses arising out of or related to the acquisition,
access, use, disclosure, or improper collection of, or failure to protect, any personally
identifiable information or confidential corporate information, including but not limited to
patents, trade secrets, processing methods, customer lists, financial information, credit card
information, social security numbers, health information, or any other type of non-public
information.
Governmental action 4. loss resulting from seizure or destruction of property by order of any governmental authority.
Indirect loss 5. loss that is an indirect result of a covered occurrence, including but not limited to:
a. loss resulting from the inability to realize income that would have been realized had
there been no loss of or damage to money, securities, or other property;
b. payment of damages of any type for which you are legally liable; however, we will pay
compensatory damages directly resulting from an otherwise covered loss; or
c. payment of costs, fees, or other expenses you incur to establish the existence or
amount of loss under this Coverage Part, except amounts covered under Section II.
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Legal fees, costs, and
expenses
Nuclear incident
Coverage enhancements, B. Claim expenses or D. Identity fraud expenses.
6. fees, costs, and expenses incurred by you which are related to any legal action, except
amounts covered under Section II. Coverage enhancements, B. Claim expenses, C. Forgery
claim expenses, or D. Identity fraud expenses.
7. loss resulting from nuclear detonation, nuclear reaction, nuclear radiation, or radioactive
contamination, however such nuclear detonation, nuclear radiation, nuclear reaction, or
radioactive contamination may have been caused.
Prior dishonesty 8. loss caused by an employee if you or an executive employee who did not act in collusion
with the employee learned prior to the policy period that the employee had committed any
theft, forgery, or other dishonest act prior to the policy period; however, this exclusion will
not apply if the theft, forgery, or other dishonest act was committed prior to the employee
becoming your employee and the amount involved in such act did not exceed $10,000.
Specified acts by employees 9. loss resulting from theft, forgery, extortion, or any other dishonest act committed by your
employees, managers, directors, trustees, or authorized representatives; however, this
exclusion will not apply to loss covered under Insuring agreements A. Fidelity or D. Tech
fraud, 7. Virus Restoration or 8. Licensing Violation.
War or military action
B. Exclusion applicable
only to Insuring
agreement A. Fidelity
Trading
C. Exclusions applicable
only to Insuring
agreement C. Inside
and outside loss
Accounting or arithmetic
errors or omissions
Exchanges or purchases
Fire
10. loss resulting from:
a. war, whether undeclared, or civil war;
b. 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
c. insurrection, rebellion, revolution, usurped power, or action taken by a governmental
authority in hindering or defending against any of these.
We will have no obligation to pay any sums under Insuring agreement A. Fidelity for any:
11. loss resulting from trading, whether in your name or in a genuine or fictitious account;
however, this exclusion will not apply to direct losses caused by theft or forgery which result
in improper financial gain to an employee.
For purposes of this exclusion, direct losses mean only the amount of improper financial gain
to the employee and do not include salary, commissions, fees, or other compensation,
including but not limited to promotions and raises associated with employment, paid by you
to such employee.
We will have no obligation to pay any sums under Insuring agreement C. Inside and outside loss
for any:
12. loss resulting from accounting or arithmetic errors or omissions.
13. loss resulting from the giving or surrendering of property in any exchange or purchase;
however, this exclusion will not apply to an otherwise covered extortion.
14. loss or damage resulting from fire, however caused, except we will pay for otherwise
covered:
a. loss of or damage to money or securities; and
b. loss from damage to a safe or vault.
Motor vehicles or equipment 15. loss of or damage to motor vehicles, trailers or semi -trailers, or equipment and accessories
and accessories attached to them.
Includes copyrighted material of
Insurance Services Offices, Inc., with its permission
CSUCRI P0001A CW (12!22) Page 10 of 18
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HISCOXC-Suite Crime Coverage Part
Loss Discovered Policy
Vandalism 15. loss of or damage to the premises or its exterior, or to any safe, vault, cash register, cash
box, cash drawer, or other property resulting from vandalism or malicious mischief.
Voluntary parting of title to or 16. loss resulting from you, or anyone acting on your express or implied authority, being induced
possession of property by any dishonest act to voluntarily part with title to or possession of any property; however,
this exclusion will not apply to an otherwise covered extortion.
D. Exclusions applicable
only to Insuring We will have no obligation to pay any sums under Insuring agreement D. Tech fraud, parts 1, 2, 3,
agreement D. Tech 4, or 5 for any loss resulting from:
fraud
Authorized users 17. the use of your computer system by a person who is authorized to access such computer
system, except we will pay otherwise covered loss resulting from cyber deception or
erroneous funds transfer.
Credit card transactions 18. the actual or purported use of credit, debit, charge, access, convenience, identification,
stored -value, or other cards, or the information contained on such cards.
We will have no obligation to pay any sums under Insuring agreement D. Tech fraud, parts 7 or 8
for any loss resulting from:
Errors or omissions 19. errors or omissions in the design, programming, or processing of computer programs or
electronic data; however, this exclusion will not apply to loss resulting from a virus which is
contracted because of an innocent mistake or omission by you or anyone on your behalf in
securing your computer system.
Fraudulent preparation or 20. the fraudulent preparation or input of electronic data or computer programs; however, this
input exclusion will not apply to loss resulting from a virus which is contracted because of an
innocent mistake or omission made by you or anyone on your behalf in the course of
securing your computer system.
VII. Definitions
The following definitions apply to this Coverage Part. Additional definitions are contained in Section
III. Who is an insured, and in the General Terms and Conditions, Section VI. Definitions applicable
to all Coverage Parts. If a term is defined in this Coverage Part differently than defined anywhere
else in this policy, the definitions in this Coverage Part will apply to the coverage afforded under
this Coverage Part.
Client means any individual or entity to whom you provide goods or services, including any client of such
client.
Computer fraud
Custodian
Cyber deception
means the use or manipulation of any computer system to make a fraudulent transfer of money,
securities, or other property from inside the premises or financial institution premises to a
person (other than a messenger) or place outside the premises or financial institution
premises.
Computer fraud does not include any fraudulent transfer of money, securities, or other property
which required you, your employees, your executive employees, or others on your behalf
(other than a financial institution) to initiate a transaction to transfer, or authorize the transfer of,
such money, securities, or other property.
means you, any of your partners or members, or any employee, but only while having care and
custody of property covered by this Coverage Part inside the premises. Custodian does not
include any person while acting as a watchperson or janitor, unless such person is also an
employee.
means the intentional misleading or deception of an employee or executive employee by a
person falsely purporting to be your client, vendor, employee, or executive employee through
social engineering, pretexting, phishing, spear phishing, whaling, or any other confidence trick
communicated by email, text, instant message, telephone, or other electronic means, which results
Includes copyrighted material of
Insurance Services Offices, Inc., with its permission
CSUCRI P0001A CW (12122) Page 11 of 18
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HISCOXC-Suite Crime Coverage Part
Loss Discovered Policy
in your transfer, payment, or delivery of money or securities.
Deductible means the amount stated as such under the Crime section of the Declarations.
Discover, discovered, or
discovery
Employee
means when you or an executive employee first becomes aware of facts which would cause a
reasonable person to believe a loss has been or will be sustained, regardless of whether the exact
amount or details of the loss is known.
Solely with respect to an extortion, discover, discovered, or discovery means when the threat is
first communicated to you or an executive employee.
Discover, discovered, or discovery also means the first receipt by you or an executive
employee of notice of an actual or potential claim in which it is alleged that you are liable to a third
party under circumstances which would constitute a loss under this Coverage Part.
means any:
1. natural person:
a. while in your service;
b. whom you compensate directly by salary, wages, or commissions; and
c. whom you have the right to direct and control while performing services for you;
2. natural person independent contractor who is contracted by you to perform services or
provide goods for or on your behalf;
3. natural person who is leased to you or who is your temporary employee;
4. natural person who is a former employee, partner, member, manager, director, or trustee
retained as a consultant while performing services for you;
5. natural person who is a student, volunteer, or intern performing services for you;
6. natural person who is your manager, director, or trustee while performing acts within the
usual duties of an employee;
7. natural person who is a non -compensated officer of an insured;
8. natural person who is a committee member of an insured; or
9. person described in parts 1 through 8 above while on military, disability, family, medical, or
similar leave.
Coverage under this Coverage Part will apply to any employee for the first 60 days immediately
after their termination, unless such termination is due to theft, forgery, or any other dishonest act
committed by the employee.
Employee does not include any agent (regardless of whether there is a written agreement as
specified in the definition of vendor), broker, factor, commission merchant, consignee,
representative, or person in a similar position unless specified in 1 through 9 above.
Erroneous funds transfer means the accidental and erroneous transfer of money or securities to an unauthorized account
resulting directly from the inputting of an inaccurate account number, routing number, or other
identifier for the account to which the money or securities are intended and authorized to be
transferred. Erroneous funds transfer does not include the accidental and erroneous transfer of
money or securities to an unauthorized account as the result of a cyber deception.
Executive employee means your proprietor, natural person partner, member of the board of directors, member of the
board of trustees, member, manager, officer, and any employee in a risk management, general
counsel, insurance, or human resources department or function.
Solely with respect to Insuring agreement A.5. ERISA, executive employee also includes a
fiduciary.
Solely with respect to Section II. Coverage enhancements, D. Identity fraud expenses, executive
employee also includes any spouse, child under the age of 18, or relative living in the household of
the executive employee.
Includes copyrighted material of
Insurance Services Offices, Inc., with its permission
CSUCRI P0001A CW (12/22) Page 12 of 18
4A
HISCOXC-Suite Crime Coverage Part
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Extortion means a communication directed toward you threatening to:
1. inflict bodily harm on you (if you are a sole proprietorship) or any of your employees,
executive employees, members, managers, or any relative(s) or invitee(s) of any of these
persons, if such person was captured or allegedly captured in a country not excluded under
Section VIII. Other provisions affecting coverage, C. Excluded countries for extortion;
2. damage the premises or any property within the premises, provided such premises is not
located in a country excluded under Section VIII. Other provisions affecting coverage, C.
Excluded countries for extortion;
3. introduce a denial of service attack into your computer system;
4. contaminate, pollute, or render your products or goods unmarketable; or
5. disseminate, divulge, or use your confidential or personal information, another person's or
organization's confidential or personal information, or any weaknesses in the source code in
your computer system,
for the purpose of inducing you to surrender money, securities, or other property.
Fiduciary
Financial institution
Financial institution
premises
Forgery
Funds transfer fraud
Identity fraud
means any natural person fiduciary, trustee, administrator, or other plan official, while in the regular
service of an employee benefit plan, and any other natural person who handles employee
benefit plan assets (including an employee of a TPA or other vendor) who is required to be
bonded by the Employee Retirement Income Security Act of 1974 (ERISA), as may be amended.
means:
1. a bank, savings bank, savings and loan association, trust company, credit union, or similar
thrift depositoryinstitution;
2. an insurance company; or
3. a stock brokerage firm, mutual fund, liquid assets fund, or similar investment company.
means the interior of that portion of any building occupied by a financial institution, transfer agent
or registrar, or similarly recognized place of safe deposit including a night depository chute, ATM
owned by such financial institution (wherever located), or safe of such institution.
means signing the name of another person or organization with the intent to deceive, whether in
writing or through an electronic identifier. Forgery does not include a signature which consists in
whole or in part of one's own name, whether signed with or without authority, in any capacity, and
for any purpose.
means a:
1. telefacsimile, telephone, or other electronic instruction directing a financial institution or a
crypto currency exchange or wallet that holds a user's encryption keys to debit a transfer
account and to transfer, pay, or deliver money or securities from that transfer account,
which instruction purports to have been transmitted by you, but was in fact fraudulently
transmitted by someone else without your knowledge or consent; or
2. written instruction (other than those described in Insuring agreement B. Forgery) issued to a
financial institution or a crypto currency exchange or wallet that holds a user's encryption
keys directing such institution to debit a transfer account and to transfer, pay, or deliver
money or securities from that transfer account, through an electronic funds transfer system
at specified times or under specified conditions, which instruction purports to have been
issued by you, but was in fact issued, forged, or altered by someone else without your
knowledge or consent.
Funds transfer fraud does not include any transfer, payment, or delivery of money or securities
which required you, your employees, your executive employees, or others on your behalf
(other than the financial institution or crypto currency exchange or wallet) to take any action in
order the complete the transfer, payment, or delivery of such money or securities.
means the unlawful and knowing transferor use of a form of identification belonging to your
business or any executive employee with the intent to commit, or to aid or abet another to commit,
any unlawful activity constituting a violation of federal law or a felony under any applicable state or
Includes copyrighted material of
Insurance Services Offices, Inc., with its permission
CSUCRI P0001A CW (12/22) Page 13 of 18
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HISCOXC-Suite Crime Coverage Part
Loss Discovered Policy
local law.
Identity fraud expense means:
1. advertising and public relations expenses incurred by you to restore your business
reputation as a result of an identity fraud;
2. costs incurred by you or any executive employee to notarize affidavits or similar documents
attesting to fraud, as required by financial institutions or similar credit grantors or credit
agencies;
3. costs incurred by you or any executive employee for certified mail to law enforcement
agencies, credit agencies, financial institutions, or similar credit grantors;
4. costs incurred by you or any executive employee to obtain credit reports;
5. costs to provide one year of credit monitoring services to monitor, restore, and/or protect
your or any executive employee's credit;
6. lost income incurred by you or any executive employee resulting from any time taken off
work to complete fraud affidavits or meet with or talk to law enforcement agencies, credit
agencies, and/or legal counsel, up to a maximum of $250 per day. The most we will pay for
lost income under this part 6 will be $10,000 or the applicable limit of liability, whichever is
less;
7. loan application fees incurred by you or any executive employee to reapply for a loan when
the original application is rejected solely because the lender received incorrect credit
information;
8. reasonable attorneys' fees to:
defend lawsuits brought against you or any executive employee by merchants,
vendors, suppliers, financial institutions, or their collection agencies;
b. remove any criminal or civil judgments wrongly entered against you or any executive
employee; or
c. challenge the accuracy or completeness of any information in a consumer credit report
for you or any executive employee;
9. charges incurred by you or any executive employee for long distance telephone calls to
merchants, vendors, suppliers, customers, law enforcement agencies, financial institutions, or
similar credit grantors or credit agencies to report or discuss an actual identity fraud; and
10. any other reasonable expense incurred by you or any covered individual with our prior
written consent.
Manager
Member
Messenger
Money
means a natural person serving in a directorial capacity for a limited liability company.
means an owner of a limited liability company represented by its membership interest, who, if a
natural person, may also serve as a manager.
means you, your relative, any of your partners or members, or any employee while having care
and custody of property covered by this Coverage Part outside the premises.
means:
1. currency, including Bitcoin or any other digital currency, crypto currency, or electronic
currency, coins, or bank notes in current use anywhere in the world and having a face value;
2. bullion;
3. traveler's checks and money orders held for sale to the public; or
4. funds on deposit at a financial institution.
Occurrence means:
1. under Insuring agreements, A. Fidelity and D.8. Licensing Violation:
Includes copyrighted material of
Insurance Services Offices, Inc., with its permission
CSUCRI P0001A CW (12/22) Page 14 of 18
HISCOXC-Suite® Crime Coverage Part
Loss Discovered Policy
a. an individual act;
b. the combined total of all separate acts whether or not related; or
c. a series of acts whether or not related,
committed by an employee, fiduciary, or employee of a vendor acting alone or in collusion
with other persons, prior to or during the policy period, or both.
2. under Insuring agreement B. Forgery:
a. an individual act;
b. the combined total of all separate acts whether or not related; or
c. a series of acts whether or not related;
committed by a person acting alone or in collusion with other persons, involving one or more
instruments, prior to or during the policy period, or both.
3. under all other Insuring agreements:
a. an individual actor event;
b. the combined total of all separate acts or events whether or not related; or
c. a series of acts or events whether or not related;
committed by a person acting alone or in collusion with other persons, or not committed by
any person, prior to or during the policy period, or both.
Under Insuring agreement D.7. Virus Restoration, with respect to a virus only, once you have
restored your computer system to the level of operational capability that existed before the virus
occurred, any recurrence of the same virus will constitute a separate occurrence.
Other property
Policy period
Premises
Robbery
Safe burglary
Securities
means any tangible property other than money or securities that has intrinsic value. Other
property does not include computer programs, electronic data, or any property specifically
excluded under this Coverage Part.
means the period of time stated in Item 2 of the Declarations.
means the interior of that portion of any building you occupy in conducting your business
operations.
If you conduct your business operations outdoors or in an open air venue, premises will also
mean the area you or your employees, clients, or vendors occupy in the course of such
business operations.
means the unlawful taking of property from the care and custody of a person by one who has:
1. caused or threatened to cause that person bodily harm; or
2. committed an obviously unlawful act witnessed by that person.
means the unlawful taking of property from within a locked safe or vault by a person who entered
the safe or vault unlawfully, as evidenced by marks of forcible entry on its exterior. Safe burglary
includes the unlawful taking of a safe or vault from inside the premises.
means instruments or contracts representing money, property, or a debtor equity interest in an
entity, including:
1. stocks and bonds, whether or not evidenced by a certificate;
2. tokens, tickets, revenue, and other stamps (whether represented by actual stamps or unused
value in a meter) in current use;
3. gift certificates and gift cards;
4. casino chips issued by you; and
5. evidences of debt issued in connection with credit or charge cards not issued by you,
Includes copyrighted material of
Insurance Services Offices, Inc., with its permission
CSUCRI P0001A CW (12/22) Page 15 of 18
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HISCOXC-Suite Crime Coverage Part
Loss Discovered Policy
but does not include money.
Theft means the unlawful taking of property to its owner's deprivation.
Transfer account means:
1. a crypto currency exchange or wallet; or
2. an account maintained at a financial institution,
from which one can initiate the transfer, payment, or delivery of money or securities by means of:
a. telefacsimile, telephone, or other electronic instruction; or
b. written instructions (other than those covered under Insuring agreement B. Forgery)
establishing the conditions under which transfers are to be initiated by such exchange, wallet,
or financial institution through an electronic funds transfer system.
Vendor means an entity that provides goods or services to you pursuant to a written agreement.
Solely with respect to Insuring agreement A.2. Third Parties' Property, vendor also includes any
entity that provides goods or services to you pursuant to an oral agreement.
Vendor does not include any independent contractor, financial institution, asset manager,
broker -dealer, or armored motor vehicle company.
Voice computer system means a computer system which provides a capability used for the direction or routing of telephone
calls in a voice communications network.
Watchperson means any person retained by you specifically to have care and custody of property covered by
this Coverage Part inside the premises and who has no other duties. Watchperson does not
include an employee.
You, your, or insured means a named insured, subsidiary, employee benefit plan, or acquired entity, as defined in
Section III. Who is an insured.
VIII. Other
provisions
affecting
coverage
Cancellation A. This Coverage Part may be canceled by the named insured (or, if there is more than
one named insured, the first one listed in the Declarations) by giving written notice,
which must include the date the cancellation will be effective, to us at the address
stated in the Declarations.
2. This Coverage Part may be canceled by us by mailing to the named insured by
registered, certified, or other first-class mail (or by email where allowed by applicable
law), at the named insured's address (or email address) stated in Item 1 of the
Declarations, written notice which must include the date the cancellation will be
effective. The effective date of the cancellation will be no less than: (i) 60 days after the
date of the notice of cancellation; or (ii) fifteen days after the date of the notice of
cancellation if the cancellation is due to nonpayment of premium.
3. The mailing (or emailing) of the notice will be sufficient proof of notice, and this
Coverage Part will terminate at the date and hour specified in the notice.
4. If this Coverage Part is canceled, whether by you or us, we will return a pro rata
proportion of the premium.
5. Payment or tender of any unearned premium by us will not be a condition precedent to
the cancellation, but such payment will be made as soon as possible.
Includes copyrighted material of
Insurance Services Offices, Inc., with its permission
CSUCRI P0001A CW (12/22) Page 16 of 18
A
HISCOXC-Suite Crime Coverage Part
Loss Discovered Policy
6. If this Coverage Part is canceled as to any insured, loss sustained by that insured will
be covered under this Coverage Part only if it is discovered by you or an executive
employee pursuant to the rules contained in subsection D. Extended period to discover
loss below.
Examination of your books B. We may examine and audit your books and records as they relate to this Coverage Part at
and records any time during the policy period and up to three years afterward.
Excluded countries for
extortion
C. We will have no obligation to pay any sums under this Coverage Part for any extortion which
involves a threat to: (i) inflict bodily injury to any person(s) who was captured or allegedly
captured in; or (ii) damage a premises or any property within a premises located in, any of the
countries listed in the Excluded Countries - Extortion endorsement attached to this Coverage
Part.
Extended period to discover D. If this Coverage Part or any Insuring agreement is canceled as to any insured, or any
loss subsidiary ceases to be a subsidiary, we will still pay for loss that the insured sustained
prior to the effective date of cancellation, or the date the subsidiary ceased to be a
subsidiary, provided the loss is discovered by you or an executive employee no later
than:
60 days after the date of the cancellation or change in ownership or control of the
subsidiary, provided this extended period to discover loss will terminate immediately
on the effective date of any other similar insurance obtained by that subsidiary, so long
as such other insurance provides coverage for loss sustained prior to its effective date;
or
2. one year after the date of the cancellation with regard to any employee benefit plans
under Insuring agreement A.5. ERISA.
Inventory shortages E. If you claim any loss which:
1. involves property contained in any money operated device, we will not be obligated to
pay any sums under this Coverage Part for such loss unless the amount of money
deposited in the device is recorded by a continuous recording instrument in the device.
2. is dependent on an inventory computation or a profit and loss computation in order to
establish its existence or the amount of the loss, we will not be obligated to pay any
sums under this Coverage Part for such loss unless you establish apart from such
computations that you have sustained a loss. You may offer your inventory records
and actual physical count of inventory in order to establish such loss.
Joint insured
F. 1. If the named insured is no longer covered under this Coverage Part, then the
subsidiary with the most employees will have the sole responsibility for acting on
behalf of all other insureds with respect to the obligations described in this Section V.
Your obligations.
2. Any knowledge possessed by one insured will be imputed to every other insured.
3. An employee of any insured is considered an employee of every insured.
4. We will only be obligated to pay up to the applicable limit of liability for any covered loss
under this Coverage Part, regardless of the number of insureds who sustain the loss,
except in the event the loss is sustained by more than one employee benefit plan
under Insuring agreement A.5. ERISA.
5. Payment by us to the first named insured (or employee benefit plan if applicable
under Insuring agreement A.5. ERISA) for loss sustained by you will fully release us
from our obligations with respect to that loss.
Legal action against us G. You may not bring any legal action against us involving any loss:
1. unless you have complied with all of the terms of this policy;
2. until 90 days after you have filed a proof of loss with us; and
3. unless brought within two yeas from the date you or an executive employee
discovered the loss.
Includes copyrighted material of
Insurance Services Offices, Inc., with its permission
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HISCOXC-SUite® Crime Coverage Part
Loss Discovered Policy
If any limitation in this subsection G is prohibited by law, it will be deemed amended to equal
the minimum period of limitation provided by applicable law.
Liberalization
Other insurance
H. To the extent we adopt any changes to our Crime insurance policies after the issuance of
this Coverage Part which provide broader coverage than the coverage provided by this
Coverage Part, the relevant provisions of this Coverage Part will be deemed replaced by the
broader language.
If other valid and collectible insurance is available to you for a loss covered under this
Coverage Part, we will only pay for the amount of loss that exceeds the limit of insurance and
deductible amount of that other insurance. Our payment for any loss is subject to the terms
and conditions of this Coverage Part.
However, if loss covered under this Coverage Part and other insurance available to you is
subject to a retention or deductible, we will recognize erosion of the deductible by the total of
all such other insurance plus any deductible applicable to that other insurance.
Includes copyrighted material of
Insurance Services Offices, Inc., with its permission
CSUCRI P0oo1A CW (12/22) Page 18 of 18
H ISCOX C -Suite®
Endorsement 1
NAMED INSURED: Members of the Colorado Counties Casualty and Property Pool (see endorsement CRI E9622)
E2624.2 War. Civil War. Cyberwarfare. and NCBR Exclusion Endorsement
[ ] Declarations
[X] General Terms and Conditions
[] D&O Coverage Part
[] Public Officials Liability Coverage Part
[ ] Educators Legal Liability Coverage Part
[] EPL Coverage Part
[] Fiduciary Coverage Part
[] Employed Lawyers Coverage Part
In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and
exclusions unchanged, it is agreed the Coverage Part(s) selected above is amended as follows:
I. This policy does not apply to and we will have no obligation pay any sums under this policy, including any damages, claim
expenses, loss, or other covered amounts for any claim, breach, event, or occurrence based upon or arising out of,
directly or indirectly occasioned by, happening through, or in consequence of:
1. war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution,
insurrection, military, or usurped power;
2. confiscation, nationalization, requisition, destruction of, or damage to property by or under the order of any
government, public, or local authority;
3. cyberwarfare, to the extent not otherwise excluded by paragraph 1; or
4. any NCBR malicious act.
II. For purposes of this Endorsement, the following definitions apply:
Cyberwarfare means any:
1. unauthorized access to, or use, alteration, corruption, damage, manipulation,
misappropriation, theft, deletion, or destruction of, any computer hardware or electronic data;
2. creation, transmission, or introduction into a computer system, computer network, or
electronic data of a computer virus or harmful code; or
3. restriction or inhibition of access to a computer system, computer network, or electronic data,
including through a denial -of -service (DoS) attack,
committed by, or on behalf of, a sovereign state, state -like entity, quasi -state, proto-state, or a state -
sponsored actor or group.
In determining by whom any action listed in parts 1. through 3. above is committed we will consider
to whom any governing body (including the governing body's intelligence, law enforcement, or
military services) attributes such action, regardless of whether:
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CRIENADREN269
H I SCOX C -Suite
Endorsement 1
NAMED INSURED: Members of the Colorado Counties Casualty and Property Pool (see endorsement CRI E9622)
A. the computer system, computer network, or electronic data is physically located within the
jurisdiction of that governing body; or
B. there are inconsistent statements within different branches or agencies of that governing
body (including intelligence, law enforcement, or military services) as to whom the action is
attributable to.
However, if:
i. a governing body has not attributed any such action to a sovereign state, state -like entity,
quasi -state, proto-state, or a state -sponsored actor or group, or any person, group,
association, or entity acting on their behalf; and
ii. there is at least one media report or a cybersecurity forensic firm report indicating that such
action is attributed to a sovereign state, state -like entity, quasi -state, proto-state, or a state -
sponsored actor or group or any person, group, association, or entity acting on their behalf,
then we will not pay any loss, damages, claim expenses, or other covered amounts resulting
from any action listed in parts 1. through 3. above until any governing body attributes such action to
a sovereign state, state -like entity, quasi -state, proto-state, or a state -sponsored actor or group, or
any person, group, association, or entity acting on their behalf.
If a governing body does not attribute such action to a sovereign state, state -like entity, quasi -state,
proto-state, or a state -sponsored actor or group, or any person, group, association, or entity acting
on their behalf, or declares it is unable to do so, then a media report or cybersecurity forensic firm
report will be conclusive evidence that the act was committed by, or on behalf of, a sovereign state,
state -like entity, quasi -state, proto-state, or a state -sponsored actor or group.
For purposes of this definition, "media report" means an article published by the Associated Press,
Reuters, Wall Street Journal, or the British Broadcasting Corporation.
NCBR malicious act means an act or series of acts that harms another person or damages property through the physical
release or dispersal of nuclear, chemical, biological, or radiological agents or materials,
which is carried out by any person or group of persons, whether acting alone, on behalf of, or in
connection with any organization.
Nuclear, chemical, means:
biological, or
radiological agents or 1. nuclear reaction, nuclear radiation or radioactive particles, whether released or dispersed by
materials nuclear or conventional devices;
2. any chemical compound; or
3. any pathogen,
in sufficient concentration to cause harm to people or damage to property.
CSU E2624 CW (03/23) Page 2 of 3
GRIENADREN269
H ISCOX C -Suite
Endorsement 1
NAMED INSURED: Members of the Colorado Counties Casualty and Property Pool (see endorsement CRI E9622)
Endorsement effective:
Endorsement No:
Hiscox Inc.
Authorized Representative
Kevin Kerridge
01/01/2024
1
Certificate No.:
Processed Date:
UC21191167.24
12/07/2023
CSU E2624 CW (03/23) Page 3 of 3
CRIENADREN269
HISCOX C -Suite
Endorsement 2
NAMED INSURED: Members of the Colorado Counties Casualty and Property Pool (see endorsement CRI E9622)
E1076.1 Colorado Amendatory Endorsement
In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and
exclusions unchanged, it is agreed the Crime Coverage Part is amended as follows:
In Section IV. Limits of liability and settlement is amended to include the following at the end:
LP -A Loss Payment
a.We will give you notice of our intentions within 60 days after we receive the sworn proof of loss; and
b.We will pay for covered loss or damage within 60 days after we receive the sworn proof of loss, if you have
complied with all the terms of this policy and:
i. We will have reached agreement with you on the amount of loss; or
ii. An appraisal award has been made.
II. In Section VIII. Other provisions affecting coverage, A. Cancellation, part 2 is deleted in its entirety and replaced with the
following:
2. This Coverage Part may be cancelled by us by mailing to the named insured by registered, certified, or other
first class -mail (or by email where allowed by applicable law), at the named insured's address (or email
address) stated in Item 1 of the Declarations, written notice which must include the date the cancellation will be
effective.
If this Coverage Part has been in effect for less than 60 days, we may cancel this policy by mailing (or
emailing) or delivering to the named insured written notice of cancellation at least :
a. 15 days before the effective date of cancellation if we cancel for non-payment of premium; or
b. 60 days before the effective date of cancellation if we cancel for any other reason.
If this Coverage Part has been in effect for 60 days or more, or is a renewal of a policy we issued, we may
also cancel this policy by mailing to the named insured by registered, certified, or other first class -mail (or by
email where allowed by applicable law), at the named insured's address (or email address) stated in Item 1
of the Declarations, written notice including the actual reason for cancellation which must include the date the
cancellation will be effective. The effective date of the cancellation will be no less than: (i) 60 days after the
date of the notice of cancellation; or (ii) 15 days after the date of the notice of cancellation if the cancellation is
due to nonpayment of premium.
We may only cancel for one or more of the following reasons:
a. Non-payment of premium;
b. A false statement knowingly made by the insured on the application for insurance;
c. A substantial change in the exposure or risk other than indicated in the application and underwritten as
of the effective date of the policy unless the insured has notified us of the change and we accept such
change;
CSUCRI E1076 CO (07/17) Page 1 of 2
CRIENADREN269
HI SCOX C -Suite
Endorsement 2
NAMED INSURED: Members of the Colorado Counties Casualty and Property Pool (see endorsement CRI E9622)
d. Substantial change in the risk assumed, except to the extent that we should have reasonably foreseen
the change or contemplated the risk in writing the contract;
e. Substantial breach in contractual duties or conditions;
f. Loss of reinsurance applicable to the risk insured against resulting from termination of treaty or facultative
reinsurance initiated by our reinsurer or reinsurers; or
Determination by the Director of Insurance that the continuation of the policy would place us in violation
of the insurance laws of this state or would jeopardize our solvency.
g.
All other terms and conditions remain unchanged.
Endorsement effective: 01/01/2024
Endorsement No: 2
Hiscox Inc.
Authorized Representative
Kevin Kerridge
Certificate No.:
Processed Date:
UC21191167.24
12/07/2023
CSUCRI E1076 CO (07/17) Page 2 of 2
GRIENADREN269
nt
HISCOX C -Suite
Endorsement 3
NAMED INSURED: Members of the Colorado Counties Casualty and Property Pool (see endorsement CRI E9622)
E1415.1 Government Conversion with Faithful Performance Endorsement
In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and
exclusions unchanged, it is agreed the Crime Coverage Part is amended as follows:
In Section I. Insuring agreements, A. Fidelity, the paragraph beginning with the words "The coverage provided under this
Insuring agreement A. Fidelity", is deleted in its entirety and replaced with the following:
The coverage provided under this Insuring agreement A. Fidelity will terminate:
as to any loss, once you or an executive employee not acting in collusion with any person who committed the act
in question discovers the theft, forgery, or other dishonest act, including any act covered under Section II. of this
Endorsement.
b. as to an employee, once an executive employee not acting in collusion with the employee learns the employee
committed the theft, forgery, or other dishonest act, including any act covered under Section II. of this Endorsement,
but only if the employee committed such act after becoming employed by you or, if committed before becoming
employed by you, the resulting loss exceeded $10,000.
II. The following is added to the end of Section II. Coverage enhancements:
Government conversion with FP -A. 1. Solely with respect to the coverage afforded under Insuring agreement
faithful performance A.1. Employee Theft, we will pay for loss of or damage to money,
securities, and/or other property resulting directly from the failure of
any employee to faithfully perform his or her duties as prescribed by
law, when such failure directly and immediately results in a loss of your
covered property. However, this subsection FP -A.1 does not provide
coverage for any agents that may be listed by Endorsement.
The most we will pay for loss arising out of any one occurrence under
this subsection FP -A. is $1,000,000 , which is part of, and not in addition
to, the applicable limit of liability stated in the Declarations.
2. Solely with respect to the coverage afforded under Insuring agreement A.
Fidelity, we will pay for the indemnification of any of your officials who are
required by law to give bonds for the faithful performance of their duties
against loss through the failure of any employee under the supervision
of that official to faithfully perform his or her duties as prescribed by
law, when such failure directly and immediately results in a loss of your
covered property. However, this subsection FP -A.2 does not provide
coverage for any agents that may be listed by Endorsement.
III. In Section III. Who is an insured, the definition of "Subsidiary" is deleted in its entirety and replaced with the following:
Subsidiary means any agency, authority, or district (including Special Districts) which is governed
directly by the governing body of any insured stated in the Declarations or by
Endorsement.
IV. In Section VI. Exclusions — What is not covered, A. Exclusions applicable to the entire Crime Coverage Part, the "Prior
dishonesty" exclusion is deleted in its entirety and replaced with the following:
Prior dishonesty 7. loss caused by an employee if you or an executive employee who did not
act in collusion with the employee learned, prior to the policy period, that the
CSUCRI E1415 CW (07/17) Page 1 of 2
CFR1ENADREN269
HISCOX C -Suite
Endorsement 3
NAMED INSURED: Members of the Colorado Counties Casualty and Property Pool (see endorsement CRI E9622)
employee had committed any theft, forgery, or other dishonest act, including any
act covered under Section II. of this Endorsement.
However, this exclusion will not apply if the theft, forgery, or other dishonest act
was committed prior to the employee becoming your employee and the amount
involved in such act did not exceed $10,000.
V. Solely with respect to the coverage provided by this Endorsement, the following two exclusions are added to the end of
Section VI. Exclusions — What is not covered, A. Exclusions applicable to the entire Crime Coverage Part:
Depository FP -1. loss resulting from the failure of any entity acting as a depository for your
property or property for which you are responsible.
Civil rights violation FP -2. damages for which you are legally liable as a result of:
a. the deprivation or violation of the civil rights of any person by an
employee; or
b. the tortious conduct of an employee, except the conversion of property of
other parties held by you in any capacity.
VI. This Endorsement does not apply to coverage provided under Insuring agreement A.5. ERISA.
VII. All references to acquired entities, partners, managers, and members are deleted from the policy.
Endorsement effective: 01/01/2024
Endorsement No: 3
Hiscox Inc.
Authorized Representative
Kevin Kerridge
Certificate No.:
Processed Date:
UC21191167.24
12/07/2023
CSUCRI E1415 CW (07/17) Page 2 of 2
CRIENADREN269
•1,A
HISCOXC-Suite
Endorsement 4
NAMED INSURED: Members of the Colorado Counties Casualty and Property Pool (see endorsement CRI E9622)
E1411.1 Crime Elite Endorsement
In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and
exclusions unchanged, it is agreed the Crime Coverage Part is amended as follows:
Expand Extended Period to Discover Loss
I. In Section VIII. Other provisions affecting coverage, D. Extended period to discover loss, part 1 is deleted in its entirety and
replaced with the following:
1. 120 days after the date of the cancellation or change in ownership of control of the subsidiary, provided this extended
period to discover loss will terminate immediately on the effective date of any other similar insurance obtained by that
insured, whether or not such other insurance provides coverage for loss sustained prior to its effective date; and
Add Joint Ventures as Insureds
II. In Section VII. Definitions, the following is added to the end of the definition of "You, your, or insured":
You, your, or insured also includes any joint venture in which you have a controlling ownership interest.
III. The amount we will pay for any loss sustained by a joint venture in which you have a controlling interest will be the limit of
liability applicable to the loss or your equity interest in such joint venture, whichever is lesser.
Amend Prior Dishonesty Exclusion ($25k)
IV. In Section VI. Exclusions — What is not covered, A. Exclusions applicable to the entire Crime Coverage Part, the "Prior
dishonesty" exclusion is deleted in its entirety and replaced with the following:
Prior dishonesty 7. loss caused by an employee if you or an executive employee who did not act in
collusion with the employee learned, prior to the policy period, that the employee
had committed any theft, forgery, or other dishonest act. However, this exclusion
will not apply if the theft, forgery, or other dishonest act was committed prior to the
employee becoming your employee and the amount involved in such act did not
exceed $25,000.
Amend Prior Dishonesty Condition ($25k)
V. In Section I. Insuring agreements, A. Fidelity, the paragraph beginning with the words "The coverage provided under this
Insuring agreement A. Fidelity" is deleted in its entirety and replaced with the following:
The coverage provided under this Insuring agreement A. Fidelity will terminate:
a. as to any loss, once you or an executive employee not acting in collusion with any person who committed the act in
question discovers the theft, forgery, or other dishonest act.
b. as to an employee, once an executive employee not acting in collusion with the employee learns the employee
committed the theft, forgery, or other dishonest act, but only if the employee committed such act after becoming
employed by you or, if committed before becoming employed by you, the resulting loss exceeded $25,000.
Amend Definition of Employee (90 Days After Termination)
VI. In Section VII. Definitions, the second to last paragraph in the definition of "Employee", beginning with the words "Coverage
under this Coverage Part", is deleted in its entirety and replaced with the following:
Coverage under this Coverage Part will apply to any employee for the first 90 days immediately after their termination, unless
such termination is due to theft, forgery, or any other dishonest act committed by the employee.
Add Partners and Members as Employees
CSUCRI E1411 CW (07/17) Page 1 of 3
CR1ENADREN269
eke+
HISCOXC-Suite
Endorsement 4
NAMED INSURED: Members of the Colorado Counties Casualty and Property Pool (see endorsement CRI E9622)
VII. In Section VII. Definitions, the following is added to the end of the definition of "Employee":
Employee also means any natural person who is also a:
1. partner in a partnership that is an insured; or
2. member of a limited liability company that is an insured.
Add Loss Payee Provision (Required by Contract)
VIII. The following is added to the end of Section VIII. Other provisions affecting coverage:
Loss payable LP -A. You agree that any loss payable under this policy will be jointly paid to you
and any person or organization that you have agreed in a written contract or
agreement to add as a loss payee to a policy providing the type of coverage
afforded by this Crime Coverage Part, provided the contract or agreement:
1. is currently in effect or becomes effective during the policy period; and
2. was executed before the occurrence out of which such loss arose was
discovered.
Loss will be paid to such loss payee as its interests may appear and any
such payment will constitute payment to you. We agree that we will make all
such payments jointly to you and such loss payee, and we will not make any
payment solely to you unless we receive a request in writing from such loss
payee to make such payment to you.
This insurance is for your benefit only. It provides no rights or benefits to any
other person or organization, including any loss payee referenced above, other
than to receive payment for loss as set forth in this subsection LP -A. Loss
payable. Any claim for loss that is covered under this policy must be presented
by you.
Amend Acts Committed by Owners Exclusion (Carveout Partner and Member Employees)
IX. In Section VI. Exclusions — What is not covered, A. Exclusions applicable to the entire Crime Coverage Part, the "Acts
committed by owners" exclusion is deleted in its entirety and replaced with the following:
Acts committed by owners 1. loss resulting from theft, forgery, or any other dishonest act committed by:
a. you;
b. any of your partners or members, except a partner or member who is
included as an employee by this Endorsement; or
c. any natural person who has a 25% or greater ownership in any one or more
insureds, except a partner or member who is included as an employee by
this Endorsement;
whether acting alone or in collusion with other persons.
However, this exclusion will not apply to otherwise covered acts committed by a
fiduciary under Insuring agreement A.5. ERISA.
Obligations to Partners or Members
X. We will not make any payments under this Endorsement unless the amount of the loss exceeds the sum of:
1. any amounts that you owe the partner or member;
CSUCRI E1411 CW (07/17)
Page 2 of 3
CRIENAOREN269
H ISCOX C -Suite
Endorsement 4
NAMED INSURED: Members of the Colorado Counties Casualty and Property Pool (see endorsement CRI E9622)
2. the value of the partner or member's interest in the insured partnership or limited liability company as of the close of
business on the date the loss was discovered by that entity or any partners, members, or executive employees not
in collusion with the partner or member causing the loss; and
3. the amount of the applicable deductible.
We will pay up to the corresponding limit of liability for loss covered under Insuring agreement A.1. Employee Theft or A.Z.
Third Parties' Property covered by this Endorsement.
We will not make any payments under this Endorsement unless there is a covered loss which exceeds the amounts
described above, in which case any payments we make will be part of, and not in addition to, the applicable limit of liability
stated in the Declarations.
Endorsement effective: 01/01/2024
Endorsement No: 4
Hiscox Inc.
Authorized Representative
Kevin Kerridge
CSUCRI E1411 CW (07/17)
Certificate No.:
Processed Date:
UC21191167.24
12/07/2023
Page 3 of 3
CRIENADREN269
H ISCOX C -Suite
Endorsement 5
NAMED INSURED: Members of the Colorado Counties Casualty and Property Pool (see endorsement CRI E9622)
E1408.1 Notice of Cancellation to Third Party Endorsement
In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and
exclusions unchanged, it is agreed the Crime Coverage Part is amended as follows:
In Section VIII. Other provisions affecting coverage, the following is added to the end of A. Cancellation:
CA -1. In the event this policy is cancelled or non -renewed, we will notify the party listed below within 90 days at the below
address:
The failure to notify the party listed above will not negate or otherwise delay the effectiveness of the cancellation or non -
renewal of this policy.
Endorsement effective: 01/01/2024
Endorsement No: 5
Hiscox Inc.
Authorized Representative
Kevin Kerridge
CSUCRI E1408 CW(07/17)
Certificate No.:
Processed Date:
UC21191167.24
12/07/2023
Page 1 of 1
CRIENADREN269
H I SCOX C -Suite
Endorsement 6
NAMED INSURED: Members of the Colorado Counties Casualty and Property Pool (see endorsement CRI E9622)
E1456.3 Named Insured Added
In consideration of the premium charged, and on the understanding this endorsement leaves
all other terms, conditions, and exclusions unchanged, it is agreed the Crime Coverage Part is
amended as follows:
SCHEDULE
Retroactive Date:
<RETRO_DATE> 12:01 A.M. (Standard Time)
Additional Named Limits Deductible
Insured
Alamosa County $1,000,000 Per Occurrence $200,000 Per Occurrence
Archuleta County $1,000,000 Per Occurrence $200,000 Per Occurrence
Baca County $1,000,000 Per Occurrence$200,000 Per Occurrence
Bent County $1,000,000 Per Occurrence$200,000 Per Occurrence
Chaffee County $1,000,000 Per Occurrence$200,000 Per Occurrence
Cheyenne County $1,000,000 Per Occurrence$200,000 Per Occurrence
Clear Creek County $1,000,000 Per Occurrence $200,000 Per Occurrence
Conejos County $1,000,000 Per Occurrence $200,000 Per Occurrence
Costilla County $1,000,000 Per Occurrence $200,000 Per Occurrence
Crowley County $1,000,000 Per Occurrence $200,000 Per Occurrence
Custer County $1,000,000 Per Occurrence $200,000 Per Occurrence
Delta County $1,000,000 Per Occurrence $200,000 Per Occurrence
Dolores County $1,000,000 Per Occurrence $200,000 Per Occurrence
Elbert County $1,000,000 Per Occurrence $200,000 Per Occurrence
Fremont County $1,000,000 Per Occurrence $300,000 Per Occurrence
Garfield County $1,000,000 Per Occurrence $300,000 Per Occurrence
Gilpin County $1,000,000 Per Occurrence $300,000 Per Occurrence
Grand County $1,000,000 Per Occurrence $300,000 Per Occurrence
Gunnison County $1,000,000 Per Occurrence $300,000 Per Occurrence
Hinsdale County $1,000,000 Per Occurrence $200,000 Per Occurrence
CSUCRI E1456 CW (04/18) Page 1 of 5
CRIENAUREN269
HISCOX C -Suite
Endorsement 6
NAMED INSURED: Members of the Colorado Counties Casualty and Property Pool (see endorsement CRI E9622)
Huerfano County
Jackson County
Kiowa County
Kit Carson County
Las Animas County
Lincoln County
Logan County
Mineral County
Moffat County
Montrose County
Morgan County
Otero County
Ouray County
Park County
Phillips County
Prowers County
Pueblo County
Rio Blanco County
Rio Grande County
Routt County
Saguache County
San Juan County
San Miguel County
Sedgwick County
Summit County
Teller County
Washington County
Weld County
Yuma County
$1,000,000 Per Occurrence $200,000 Per Occurrence
$1,000,000 Per Occurrence $200,000 Per Occurrence
$1,000,000 Per Occurrence $200,000 Per Occurrence
$1,000,000 Per Occurrence $200,000 Per Occurrence
$1,000,000 Per Occurrence$200,000 Per Occurrence
$1,000,000 Per Occurrence $200,000 Per Occurrence
$1,000,000 Per Occurrence $300,000 Per Occurrence
$1,000,000 Per Occurrence $200,000 Per Occurrence
$1,000,000 Per Occurrence $200,000 Per Occurrence
$1,000,000 Per Occurrence $300,000 Per Occurrence
$1,000,000 Per Occurrence $300,000 Per Occurrence
$1,000,000 Per Occurrence $200,000 Per Occurrence
$1,000,000 Per Occurrence $200,000 Per Occurrence
$1,000,000 Per Occurrence $300,000 Per Occurrence
$1,000,000 Per Occurrence $200,000 Per Occurrence
$1,000,000 Per Occurrence $200,000 Per Occurrence
$1,000,000 Per Occurrence $300,000 Per Occurrence
$1,000,000 Per Occurrence $200,000 Per Occurrence
$1,000,000 Per Occurrence $200,000 Per Occurrence
$1,000,000 Per Occurrence $300,000 Per Occurrence
$1,000,000 Per Occurrence $200,000 Per Occurrence
$1,000,000 Per Occurrence$200,000 Per Occurrence
$1,000,000 Per Occurrence$200,000 Per Occurrence
$1,000,000 Per Occurrence $200,000 Per Occurrence
$1,000,000 Per Occurrence $300,000 Per Occurrence
$1,000,000 Per Occurrence $200,000 Per Occurrence
$1,000,000 Per Occurrence $200,000 Per Occurrence
$1,000,000 Per Occurrence $300,000 Per Occurrence
$1,000,000 Per Occurrence$200,000 Per Occurrence
I. The Additional Named Insured(s) shown in the above Schedule are added as
named insured(s).
CSUCRI E1456 CW (04/18) Page 2 of 5
CRIENADREN269
H ISCOX C -Suite
Endorsement 6
NAMED INSURED: Members of the Colorado Counties Casualty and Property Pool (see endorsement CRI E9622)
II. The limit(s) and deductible(s) applicable to each Additional Named Insured will
be the amounts shown in the Schedule above corresponding to each Additional
Named Insured. If there are no amounts shown above corresponding to an
Additional Named Insured, the limit(s) and deductible(s) applicable to that
Additional Named Insured will be the limit(s) and deductible(s) stated in the
Declarations.
However, the limit(s) applicable to any Additional Named Insured for coverage
under:
A. Insuring Agreement D.3. Cyber Deception;
B. Insuring Agreement D.4. Customers' Accounts;
C. Insuring Agreement D.5. Erroneous Transfer;
D. Insuring Agreement D.6. Telephone Toll;
E. Insuring Agreement D.7. Virus Restoration;
F. Insuring Agreement D.8. Licensing Violation;
G. Coverage Enhancement B. Claim Expenses; and
H. Coverage Enhancement D. Identity Fraud Expenses,
will be the corresponding limit(s) stated in the Declarations, regardless of whether
a limit is shown for such Additional Named Insured in the Schedule above.
If no limit is stated in the Declarations for a coverage contained in this Coverage
Part, that coverage will not apply to any Additional Named Insured.
III. If "Retroactive Date" is selected on the above Schedule, the entity listed in
Section I. of this Endorsement is added as a named insured only for loss or
damage that you sustain resulting directly from an occurrence taking place
in its entirety after the retroactive date shown in the Schedule and which is
discovered by you or an executive employee:
A. on or after the "Endorsement Effective" date listed at the end of this
Endorsement; and
B. before the end of the policy period or or during the extended period to
discover loss, if applicable,
IV. If "Retroactive date" is selected on the above Schedule, in Section VII.
Definitions, the definition of "Occurrence" is deleted in its entirety and replaced
with the following, but only with respect to the entities added as named insureds
by Section I. of this Endorsement:
Occurrence means:
CSUCRI E1456 CW (04/18)
Page 3 of 5
CRIENADREN269
H ISCOX C -Suite
Endorsement 6
NAMED INSURED: Members of the Colorado Counties Casualty and Property Pool (see endorsement CR1 E9622)
1. Under Insuring agreements A. Fidelity and D.8.
Licensing Violation:
a. an individual act;
b. the combined total of all separate acts whether or
not related; or
c. a series of acts whether or not related,
committed by an employee, fiduciary, or employee
of a vendor acting alone or in collusion with other
persons prior to or during the policy period, or both,
but after the retroactive date listed in the Schedule
above;
2. Under Insuring agreement B. Forgery:
a. an individual act;
b. the combined total of all separate acts whether or
not related; or
c. a series of acts whether or not related;
committed by a person acting alone or in collusion with
other persons, involving one or more instruments, prior
to or during the policy period, or both, but after the
retroactive date listed in the Schedule above;
3. Under all other Insuring agreements:
a. an individual act or event;
b. the combined total of all separate acts or events
whether or not related; or
c. a series of acts or events whether or not related;
committed by a person acting alone or in collusion with
other persons, or not committed by any person, prior
to or during the policy period, or both, but after the
retroactive date listed in the Schedule above.
Under Insuring agreement D.7. Virus Restoration, with
respect to a virus only, once you have restored your
computer system to the level of operational capability that
existed before the virus occurred, any recurrence of the
same virus will constitute a separate occurrence.
CSUCRI E1456 CW (04/18)
Page 4 of 5
CRIENADREN269
H I SCOXC-Suite
Endorsement 6
NAMED INSURED: Members of the Colorado Counties Casualty and Property Pool (see endorsement CRI E9622)
Endorsement Effective: XX/XX/XXXX Policy No.: XXXXX
Endorsement No: X
By:
(Appointed Representative)
Endorsement effective: 01/01/2024
Endorsement No: 6
Hiscox Inc.
Authorized Representative
Kevin Kerridge
CSUCRI E1456 CW (04/18)
Certificate No.:
Processed Date:
UC21191167.24
12/07/2023
Page 5 of 5
CRIENADREN269
44.
H ISCOX C -Suite
Endorsement 7
NAMED INSURED: Members of the Colorado Counties Casualty and Property Pool (see endorsement CRI E9622)
E1761.1 Amend Definition of Extortion Endorsement (Ransomware; Virus)
In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and
exclusions unchanged, it is agreed the Crime Coverage Part is amended as follows:
In Section VII. Definitions, the definition of "Extortion" is deleted in its entirety and replaced with the following:
Extortion means a communication directed solely toward you threatening to:
1. inflict bodily harm on you (if you area sole proprietorship) or any of your employees,
executive employees, members, managers, or any relative(s) or invitee(s) of any
of these persons, if such person was captured or allegedly captured in a country not
excluded under Section VIII. Other provisions affecting coverage, C. Excluded countries
for extortion;
2. damage the premises or any property within the premises, provided such premises is
not located in a country excluded under Section VIII. Other provisions affecting coverage,
C. Excluded countries for extortion;
3. introduce a denial of service attack into your computer system;
4. contaminate, pollute, or render your products or goods unmarketable; or
5. disseminate, divulge, or use your confidential or personal information, another person's or
organization's confidential or personal information, or any weaknesses in the source code
in your computer system,
for the purpose of inducing you to surrender money, securities, or other property.
However, extortion does not include any threat to:
a. introduce a virus or other malicious instruction into any computer system which is
designed to damage, destroy, or corrupt electronic data or computer programs stored
within your computer system; or
b. inflict ransomware on your computer system.
II. There will be no coverage under the Extortion Insuring Agreement unless there is a limit appearing on the Declarations
indicating you have purchased the coverage. This Endorsement will not increase, decrease, or in any way change the
applicable limits stated in the Declarations.
Endorsement effective: 01/01/2024
Endorsement No: 7
Hiscox Inc.
CSUCRI E1761 CW (06/20)
Certificate No.:
Processed Date:
UC21191167.24
12/07/2023
Page 1 of 2
CRIENADREN269
^�A
HISCOX C -Suite
Endorsement 7
NAMED INSURED: Members of the Colorado Counties Casualty and Property Pool (see endorsement CRI E9622)
Authorized Representative
Kevin Kerridge
CSUCRI E1761 CW (06/20) Page 2 of 2
CRIENADREN259
H ISCOX C -Suite
Endorsement 8
NAMED INSURED: Members of the Colorado Counties Casualty and Property Pool (see endorsement CRI E9622)
E1779.1 Amend War or Military Action Exclusion (Cyberwarfare and NCBR)
In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and
exclusions unchanged, it is agreed the Crime Coverage Part is amended as follows:
In Section VI. Exclusions — What is not covered, A. Exclusions applicable to the entire Crime Coverage Part, the "War or
military action" exclusion is deleted in its entirety and replaced with the following:
War, civil war,
cyberwarfare, and NCBR
loss based upon or arising out of, directly or indirectly occasioned by, happening through, or in
consequence of:
1. war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war,
rebellion, revolution, insurrection, military, or usurped power;
2. confiscation, nationalization, requisition, destruction of, or damage to property by or under
the order of any government, public, or local authority;
3. cyberwarfare, to the extent not otherwise excluded by paragraph 1; or
4. any NCBR malicious act.
II. For purposes of this Endorsement, the following definitions apply:
Cyberwarfare means any:
1. unauthorized access to, or use, alteration, corruption, damage, manipulation,
misappropriation, theft, deletion, or destruction of, any computer hardware or electronic data;
2. creation, transmission, or introduction into a computer system, computer network, or
electronic data of a computer virus or harmful code; or
3. restriction or inhibition of access to a computer system, computer network, or electronic data,
including through a denial -of -service (DoS) attack,
committed by, or on behalf of, a sovereign state, state -like entity, quasi -state, proto-state, or a state -
sponsored actor or group.
In determining by whom any action listed in parts 1. through 3. above is committed we will consider
to whom any governing body (including the governing body's intelligence, law enforcement, or
military services) attributes such action, regardless of whether:
A. the computer system, computer network, or electronic data is physically located within the
jurisdiction of that governing body; or
B. there are inconsistent statements within different branches or agencies of that governing
body (including intelligence, law enforcement, or military services) as to whom the action is
attributable to.
However, if:
i. a governing body has not attributed any such action to a sovereign state, state -like entity,
quasi -state, proto-state, or a state -sponsored actor or group, or any person, group,
association, or entity acting on their behalf; and
ii. there is at least one media report or a cybersecurity forensic firm report indicating that such
action is attributed to a sovereign state, state -like entity, quasi -state, proto-state, or a state -
sponsored actor or group or any person, group, association, or entity acting on their behalf,
then we will not pay any loss, damages, claim expenses, or other covered amounts resulting from
any action listed in parts 1. through 3. above until any governing body attributes such action to a
sovereign state, state -like entity, quasi -state, proto-state, or a state -sponsored actor or group, or
any person, group, association, or entity acting on their behalf.
CSUCRI E1779 CW (03/23)
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CRIENADREN269
HI SCOX C -Suite
Endorsement 8
NAMED INSURED: Members of the Colorado Counties Casualty and Property Pool (see endorsement CRI E9622)
If a governing body does not attribute such action to a sovereign state, state -like entity, quasi -state,
proto-state, or a state -sponsored actor or group, or any person, group, association, or entity acting
on their behalf, or declares it is unable to do so, then a media report or cybersecurity forensic firm
report will be conclusive evidence that the act was committed by, or on behalf of, a sovereign state,
state -like entity, quasi -state, proto-state, or a state -sponsored actor or group.
For purposes of this definition, "media report" means an article published by the Associated Press,
Reuters, Wall Street Journal, or the British Broadcasting Corporation.
NCBR malicious act means an act or series of acts that harms another person or damages property through the
physical release or dispersal of nuclear, chemical, biological, or radiological agents or
materials, which is carried out by any person or group of persons, whether acting alone, on behalf
of, or in connection with any organization.
Nuclear, chemical, means:
biological, or radiological
agents or materials 1. nuclear reaction, nuclear radiation or radioactive particles, whether released or dispersed by
nuclear or conventional devices;
2. any chemical compound; or
3. any pathogen,
in sufficient concentration to cause harm to people or damage to property.
Endorsement effective: 01/01/2024
Endorsement No: 8
Hiscox Inc.
Authorized Representative
Kevin Kerridge
CSUCRI E1779 CW (03/23)
Certificate No.:
Processed Date:
UC2 f 191167.24
12/07/2023
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CRIENADREN269
HISCOX
ECONOMIC AND TRADE SANCTIONS POLICYHOLDER
NOTICE
Hiscox is committed to complying with the U.S. Department of Treasury Office of Foreign Assets Control (OFAC)
requirements. OFAC administers and enforces economic sanctions policy based on Presidential declarations of
national emergency. OFAC has identified and listed numerous foreign agents, front organizations, terrorists, and
narcotics traffickers as Specially Designated Nationals (SDN's) and Blocked Persons. OFAC has also identified
Sanctioned Countries. A list of Specially Designated Nationals, Blocked Persons and Sanctioned Countries may be
found on the United States Treasury's web site http://www.treas.00v/offices/enforcement/ofac/.
Economic sanctions prohibit all United States citizens (including corporations and other entities) and permanent
resident aliens from engaging in transactions with Specially Designated Nationals, Blocked Persons and Sanctioned
Countries. Hiscox may not accept premium from or issue a policy to insure property of or make a claim payment to a
Specially Designated National or Blocked Person. Hiscox may not engage in business transactions with a Sanctioned
Country.
A Specially Designated National or Blocked Person is any person who is determined as such by the Secretary of
Treasury.
A Sanctioned Country is any country that is the subject of trade or economic embargoes imposed by the laws or
regulations of the United States.
In accordance with laws and regulations of the United States concerning economic and trade embargoes, this policy
may be rendered void from its inception with respect to any term or condition of this policy that violates any laws or
regulations of the United States concerning economic and trade embargoes including, but not limited to the following:
(1) Any insured under this Policy, or any person or entity claiming the benefits of such insured, who is or becomes
a Specially Designated National or Blocked Person or who is otherwise subject to US economic trade
sanctions;
(2) Any claim or suit that is brought in a Sanctioned Country or by a Sanctioned Country government, where any
action in connection with such claim or suit is prohibited by US economic or trade sanctions;
(3) Any claim or suit that is brought by any Specially Designated National or Blocked Person or any person or
entity who is otherwise subject to US economic or trade sanctions;
(4) Property that is located in a Sanctioned Country or that is owned by, rented to or in the care, custody or control
of a Sanctioned Country government, where any activities related to such property are prohibited by US
economic or trade sanctions; or
(5) Property that is owned by, rented to or in the care, custody or control of a Specially Designated National or
Blocked Person, or any person or entity who is otherwise subject to US economic or trade sanctions.
Please read your Policy carefully and discuss with your broker/agent or insurance professional. You may also visit the
US Treasury's website at http://www.treas.gov/offices/enforcement/ofac/.
Hiscox Inc. www.hiscozusa.com
age 1 of
INT N001PN 1. 019
HISCOX SCOX I courage$e
Hiscox Inc.
520 Madison Avenue - 32nd Floor
New York, NY 10022
CYBER NOTICE
In light of the continually evolving cyber risk environment, starting July 1, 2020, Hiscox Inc. policies
incepting on or after July 1, 2020 will include specific language affirmatively stating whether we are
covering or excluding losses caused by cyber events.
Your policy for the new policy period includes a new "Amend Definition of Extortion Endorsement
(Ransomware; Virus)" endorsement, which explains the intent to exclude losses arising from
described cyber events or incidents under the Extortion Insuring Agreement (if purchased). This
endorsement clarifies and does not alter the intended scope of coverage offered under your policy. If
you have additional questions or concerns about the endorsement or this Notice, please contact your
authorized insurance agent or broker.
Thank you for your business and we look forward to continue providing you with quality service.
4.
HISCOX I o ru age9e
Hiscox Inc.
5 Concourse Parkway
Suite #2150
Atlanta, GA 30328
IMPORTANT NOTICE
Your renewal policy will contain a War Exclusion endorsement that amends the war exclusion in your
policy to specifically exclude cyberwarfare and nuclear, chemical, biological, and radiological (NCBR)
attacks. This endorsement clarifies our longstanding intent to exclude all types of war from coverage. It
clarifies and does not alter the intended scope of coverage offered under your policy.
If you have additional questions or concerns about the endorsement or this Notice, please contact your
authorized insurance agent or broker. Thank you for your business and we look forward to continue
providing you with quality service.
INT N0450 CW (03/23)
Commercial Crime Insurance Policy
H ISCOX C -Suite
A modern insurance solution for fraud risks faced by businesses.
Please read this wording, together with any endorsements and the declarations, very carefully. If anything is not correct, please
notify us immediately. The policy describes your and our rights and duties.
Our promise to you
In return for the premium you have paid, we agree to insure you in accordance with the terms and conditions of the policy.
Your policy documents
Declarations Page
This contains a summary of policy information including the limits of liability and retention amounts you have selected.
General Terms and Conditions
This contains terms and conditions which apply to the policy in its entirety.
Coverage Parts
These contain terms and conditions which apply only to the coverage part in which they appear.
Endorsements
These modify the declarations page, general terms and conditions, and/or coverage parts.
Notices
These provide information that may affect your coverage as required by your state.
Reporting a claim
Please inform us immediately if you have a claim or loss to report. Additional details on claim reporting provisions can be found on
the declarations page and/or coverage parts.
Email: C-SuiteClaims@Hiscox.com
Hiscox Inc.
5 Concourse Parkway Suite 2150
Atlanta GA, 30328
T (646) 452-2353
F (678) 731-9501
E hiscox.usa@hiscox.com
www. hiscoxbroker.com
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