HomeMy WebLinkAbout20170554.tiffScottsdale Indemnity Company
Business and Management
Indemnity Policy
Non -Profit Organizations
Declarations
This Policy is issued by the stock insurance company listed above (Insurer).
THE EMPLOYMENT PRACTICES, INSURED PERSON AND ORGANIZATION, AND FIDUCIARY COVERAGE SECTIONS OF
THIS POLICY, WHICHEVER ARE APPLICABLE, COVER ONLY CLAIMS FIRST MADE AGAINST, AND REPORTED BY THE
INSURED PURSUANT TO THE TERMS OF THE RELEVANT COVERAGE SECTION. PLEASE READ THIS POLICY CAREFULLY.
THE LIMITS OF LIABILITY AVAILABLE TO PAY INSURED LOSS SHALL NOT BE REDUCED BY AMOUNTS INCURRED FOR
COSTS, CHARGES AND EXPENSES. AMOUNTS INCURRED FOR COSTS, CHARGES AND EXPENSES AND LOSS SHALL
ALSO BE APPLIED AGAINST THE RETENTION AMOUNTS.
TERMS THAT APPEAR IN BOLD FACE TYPE HAVE SPECIAL MEANING. PLEASE REFER TO THE APPROPRIATE
DEFINITIONS SECTIONS OF THIS POLICY.
Policy Number: EKI3196156
Item 1. Parent Organization:
Principal Address:
Weld County Housing Authority
PO Box 758, 1150 O Street
Greeley, CO 80632
Item 2. Policy Period: From 08/01/2016 to 08/01/2017
12:01 a.m. local time at the Principal Address shown in Item 1.
Item 3. Coverage Sections
Insured Person and Organization
1. Limit of Liability $1,000,000 maximum aggregate for this Coverage Section
2. Retention(s):
a. 0 each Claim as respects Insured Person
b. $1,000 each Claim as respects the Organization
3. Continuity Date: Date Of Incorporation
Item 4. Premium: $2,675
Item 5. Discovery Period:
1. One (1) year 30% of the premium
2. Two (2) years 125% of the premium
3. Three (3) years 150% of the premium
As provided in Section H. of the General Terms and Conditions, only one of the above Discovery Period options may
be elected and purchased.
Item 6. Run -Off Period: To Report a Loss
1. One (1) year 100% of the premium • Dial toll -free #1 (844)777-8323 or visit our
2. Two (2) years 125% of the premium • Website: https://my.rpsins.com/claimsfnol
3. Three (3) years 150% of the premium • Contact Insurer directly (see policy section)
4. Four (4) years 165% of the premium
5. Five (5) years 185% of the premium
6. Six (6) years 200% of the premium
As provided in Section I. of the General Terms and Conditions, only one of the above Run -Off Period options may be
elected and purchased.
Item 7. Forms attached at Policy issuance:
• EKI-D-2 (04/08), NOTI0347CO (04/08), EKI-342CO (04/09), EKI-326 (04/08), EKI-P-8 (04/08), EKI-99 (04/08), EKI-
804 (01/09), EKI-888 (12/09), EKI-803(01/09), EKI-255 (08/09), EKI-1143A (11/12), EKI-267 (04/08), EKI-1109A
EKI-D-2 2 (04/08) RPSEXEC/SC/2016.09.08 Page 1 of 2
Ca»nry a tturce 2017-0554
(06/12), EKI-805 (01/09), EKI-261 (04/09), EKI-814 (05/09), EKI-930 (02/11), EKI-806 (01/09), EKI-807 (04/09),
EKI-269 (04/08), EKI-1539 (02/14), EKI-104 (04/08), EKI-355 (06/08), EKI-238 (04/08), EKI-121 (04/08), EKI-921
(11/10), EKI-124 (04/08), EKI-830 (05/09), EKI-848 (05/09), EKI-802 (01/09), NOTI0164CW (1-08)
Item 8. Notices to Insurer:
Notice of Claims to:
Scottsdale Indemnity Company
Attention: Claims Manager
7 World Trade Center, 37th Floor
250 Greenwich Street
New York, NY 10007
FSReportALoss@freedomspecialtyins.com
Other Notices:
Scottsdale Indemnity Company
Attention: Claims Manager
7 World Trade Center, 37th Floor
250 Greenwich Street
New York, NY 10007
FSReportALoss@freedomspecialtyins.com
These Declarations, together with the Application, Coverage Sections, General Terms and Conditions, and any written
endorsement(s) attached thereto, shall constitute the contract between the Insured and the Insurer.
EKI-D-2 (04/08) Page 2 of 2
Nationwide`
In Witness Whereof, the Company has caused this policy to be executed and attested.
ariti, .74,,„
Secretary
President
The information contained herein replaces any similar information contained elsewhere in the policy.
UTI—COVPG (01/16) Page 1 of 1
COLORADO POLICYHOLDER NOTICE
DISCLOSURE FORM CLAIMS -MADE POLICY
IMPORTANT NOTICE TO POLICYHOLDER -COLORADO
THIS DISCLOSURE FORM IS NOT YOUR POLICY. IT DESCRIBES SOME OF THE MAJOR FEATURES OF OUR CLAIMS -
MADE POLICY FORM. READ YOUR POLICY CAREFULLY TO DETERMINE RIGHTS, DUTIES, AND WHAT IS AND IS NOT
COVERED. ONLY THE PROVISIONS OF YOUR POLICY DETERMINE THE SCOPE OF YOUR INSURANCE PROTECTION.
YOUR POLICY
Your Policy is a claims -made Policy. It provides coverage only for Wrongful Act(s) occurring after the Policy Retroactive
Date (if any) shown on your Policy and the incident is reported to the Insurer prior to the end of the Policy Period. Upon
termination of your claims -made Policy, a Discovery Period option is available from the Insurer.
There is no difference in the kind of Wrongful Act(s) covered by occurrence or claims -made policies. Claims for Wrongful Act
(s) may be assigned to different Policy Periods, depending on which type of Policy you have.
A Claim under your claims -made Policy is any written notice received by an Insured that any person or entity intends to hold
the Insured responsible for a Wrongful Act, as that term is defined in the Policy.
Under most circumstances, a Claim is considered made when it is received and recorded by an Insured. Sometimes, a Claim
may be deemed made at an earlier time. This can happen when another Claim for the same Wrongful Act has already been
made, or when the Claim is received and recorded during an extended reporting period.
PRINCIPAL BENEFITS
This Policy provides for directors, officers, and entity liability coverage, subject to the terms, conditions and exclusions
contained in your Policy, up to the maximum dollar limit specified in the Policy.
The principal benefits and coverages are explained in detail in your claims -made Policy. Please read it carefully and consult
your insurance producer about any questions you might have.
EXCEPTIONS, REDUCTIONS AND LIMITATIONS
Your claims -made Policy contains certain exceptions, reductions and limitations. Please read them carefully and consult your
insurance producer about any questions you might have.
RENEWALS AND EXTENDED REPORTING PERIODS
Your claims -made Policy has some unique features relating to renewal, extended reporting periods and coverage for events
with long periods of potential liability exposure.
If there is a Retroactive Date in your Policy, no event or occurrence prior to that date will be covered under the Policy even if
reported during the Policy Period. It is therefore important for you to be certain that there are no gaps in your insurance
coverage. These gaps can occur in several ways. Among the most common are:
1. If you switch from an occurrence Policy to a claims -made Policy, the Retroactive Date in your claims -made Policy
should be no later than the expiration date of the occurrence Policy.
2. When replacing a claims -made Policy with a claims -made Policy, you should consider the following:
a. The Retroactive Date in the replacement Policy should extend far enough back in time to cover any events with
long periods of liability exposure; or
b. If the Retroactive Date in the replacement Policy does not extend far enough back in time to cover events with
long periods of liability exposure, you should consider purchasing extended reporting period coverage under the
old claims -made Policy.
3. If you replace this claims -made Policy with an occurrence Policy, you may not have insurance coverage for a claim
arising during the Policy Period unless you have purchased an extended reporting period under the claims -made
Policy. Extended reporting period coverage must be offered to you by law for at least one year after the expiration of
the claims -made Policy at a premium not to exceed two hundred percent (200%) of your last Policy's Premium.
NOTI0347CO (04/08) Page 1 of 2
CAREFULLY REVIEW YOUR POLICY REGARDING THE AVAILABLE EXTENDED REPORTING PERIOD COVERAGE,
INCLUDING THE LENGTH OF COVERAGE, THE PRICE AND THE TIME PERIOD DURING WHICH YOU MUST PURCHASE OR
ACCEPT ANY OFFER FOR EXTENDED REPORTING PERIOD COVERAGE.
NOT10347CO (04/08) Page 2 of 2
Scottsdale Indemnity Company
Endorsement No.
1
Attached To And
Forming Part of
Policy Number
EKI3196156
Endorsement Effective
Date (12:01 A.M.
Standard Time)
08/01/2016
Named Insured
Agent No.
Weld County Housing Authority 29406 __
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDATORY ENDORSEMENT - COLORADO
This endorsement modifies insurance provided under the following:
BUSINESS AND MANAGEMENT INDEMNITY POLICY -NON-PROFIT ORGANIZATIONS
GENERAL TERMS AND CONDITIONS
Under Section E., CANCELLATION, the following are added:
a. The Insurer shall mail the notice of cancellation via first-class mail to the Parent Organization.
b. Increase Or Decease In Coverage Condition:
The Insurer will not increase the premium unilaterally or decrease the coverage benefits on renewal of this Policy
unless the Insurer mails through first-class mail written notice of the Insurers intention, including the actual reason, to
the Parent Organizations last mailing address known to the Insurer, at least forty-five (45) days before the effective
date.
Any decrease in coverage during the Policy term must be based on one or more of the following reasons:
1. non-payment of premium;
2. a false statement knowingly made by the Insureds on the Application for insurance; or
3. a substantial change in the exposure or risk other than that indicated in the Application and underwritten as of
the effective date of the Policy unless the Parent Organization has notified the Insurer of the change and the
Insurer accepts such change.
Section H., Discovery Period, is replaced by:
Section H. Discovery Period
1. If this Policy or any Coverage Section is cancelled or is not renewed by the Insurer or if the Parent Organization
elects to cancel or not to renew this Policy or a Coverage Section, then the Parent Organization shall have the
right, upon payment of an additional premium calculated at that percentage shown in Item 5. of the Declarations
of the total premium for this Policy, or the total premium for the cancelled or not renewed Coverage Section,
whichever is applicable, to purchase an extension of the coverage granted by this Policy or the applicable
cancelled or not renewed Coverage Section with respect to any Claim first made during the period of time set
forth in Item 5. of the Declarations after the effective date of such cancellation or, in the event of a refusal to
renew, after the Policy expiration date, but only with respect to any Wrongful Act committed before such date.
The Parent Organization shall have the right to elect only one of the Discovery Periods set forth in Item 5. of
the Declarations.
2. As a condition precedent to the right to purchase the Discovery Period set forth in Section H.1. above, the total
premium for the Policy must have been paid. Such right to purchase the Discovery Period shall terminate unless
written notice, together with full payment of the premium for the Discovery Period, is received by Insurer within
sixty (60) days after the effective date of cancellation, or, in the event of a refusal to renew, within sixty (60) days
after the Policy expiration date. If such notice and premium payment is not so given to Insurer, there shall be no
right to purchase the Discovery Period.
3. In the event of the purchase of the Discovery Period, the entire premium therefore shall be deemed earned at
the commencement of the Discovery Period.
4. The exercise of the Discovery Period shall not in any way increase or reinstate the limit of Insurers liability under
any Coverage Section.
EKI-342CO (04/09) Page 1 of 2
The following Condition is added:
RIGHT TO CLAIM AND WRONGFUL ACT INFORMATION
a. The Insurer will provide the Parent Organization shown in the Declarations the following information relating to
this and any preceding Business And Management Indemnity Insurance claims -made Policy the Insurer has
issued to the Parent Organization during the previous three years:
i. a list or other record of each Wrongful Act not previously reported to any other Insurer, of which the
Insurer was notified in accordance with the NOTIFICATION section of the Policy. The Insurer will include
the date and brief description of the Wrongful Act if that information was in the notice the Insurer
received; and
ii. a summary by Policy Period, of payments made and amounts reserved, stated separately, under any
applicable annual Aggregate.
b. Amounts reserved are based on the Insurers judgment. They are subject to change and should not be regarded
as ultimate settlement values.
c. If the Insurer cancels or refuses to renew this Policy, the Insurer will provide such information no later than
thirty (30) days before the date of Policy termination. In other circumstances, the Insurer will provide this
information only if the Insurer receives a written request from the Parent Organization within sixty (60) days
after the end of the Policy Period. In this case, the Insurer will provide this information within thirty (30) days of
receipt of this request.
d. The Insurer compiles Claim and Wrongful Act information for the Insurers own business purposes and exercise
reasonable care in doing so. In providing this information to the Parent Organization, the Insurer makes no
representations or warranties to Insureds, Insurers, or others to whom this information is furnished by or on
behalf of any of the Parent Organization. Cancellation or non -renewal will be effective even if the Insurer
inadvertently provides inaccurate information.
All other terms and conditions of this Policy remain unchanged.
EKI-342CO (04/09) Page 2 of 2
Scottsdale Indemnity Company
Scottsdale Indemnity Company, herein called the Insurer
BUSINESS AND MANAGEMENT INDEMNITY POLICY - NON-PROFIT
ORGANIZATIONS
GENERAL TERMS AND CONDITIONS
In consideration of the payment of premium, in reliance on the Application and subject to the Declarations, and terms and
conditions of this Policy, the Insurer and the Insureds agree as follows.
A. SEVERABILITY OF GENERAL TERMS AND CONDITIONS
These General Terms and Conditions apply to each and every Coverage Section of this Policy. The terms and conditions
of each Coverage Section apply only to that Coverage Section and shall not be construed to apply to any other
Coverage Section.
B. DEFINITIONS
Whenever used in this Policy, the terms that appear below in boldface type shall have the meanings set forth in this
Definitions subsection of the General Terms and Conditions. However, if a term also appears in boldface type in a
particular Coverage Section and is defined in that Coverage Section, that definition shall apply for purposes of that
particular Coverage Section. Terms that appear in boldface in the General Terms and Conditions but are not defined in
this Definitions subsection and are defined in other Coverage Sections of the Policy shall have the meanings ascribed
to them in those Coverage Sections.
1. Additional Insured Person Discovery Period means any time after the effective date the Parent Organization
cancels or elects to not renew the Policy which may be applicable pursuant to Section J. below.
2. Application means all applications, including any attachments thereto, and all other information and materials
submitted by or on behalf of the Insureds to the Insurer in connection with the Insurer underwriting this Policy
or any policy of which this Policy is a renewal or replacement. All such applications, attachments, information,
materials and documents are deemed attached to and incorporated into this Policy.
3. Discovery Period means one of the periods described in Item 5. of the Declarations which is elected and
purchased pursuant to Section H. below.
4. Domestic Partner means any natural person qualifying as a domestic partner under the provisions of any
applicable federal, state or local law or under the provisions of any formal program established by the
Organization.
5. Extended Period means the Discovery Period, Run -Off Period, or Additional Insured Person Discovery Period,
if such provision is applicable pursuant to Section J. or is elected and purchased pursuant to Sections H. or I.,
respectively, below.
6. Insurer means the insurance company providing this insurance.
7. Organization means:
a. the Parent Organization; and
b. any Subsidiary,
and includes any such organization as a debtor -in -possession or the bankruptcy estate of such entity under
United States bankruptcy law or an equivalent status under the law of any other jurisdiction.
8. Parent Organization means the entity first named in Item 1. of the Declarations.
9. Policy means, collectively, the Declarations, the Application, this policy form and any endorsements.
EKI-326 (04/08) Page 1 of 5
10. Policy Period means the period from the effective date and hour of the inception of this Policy to the Policy
expiration date and hour as set forth in Item 2. of the Declarations, or its earlier cancellation date and hour, if
any.
11. Run -Off Period means one of the periods described in Item 6. of the Declarations, which is elected and
purchased pursuant to Section I. below.
12. Subsidiary means any entity of which more than fifty percent (50%) of the outstanding securities or voting rights
representing the present right to vote for the election of such entity's directors or managers are owned or
controlled by the Parent Organization, directly or indirectly, if such entity:
a. was so owned on or prior to the inception date of this Policy; or
b. becomes so owned after the inception date of this Policy.
13. Takeover means:
a. the acquisition by any person or entity of more than fifty percent (50%) of the voting rights of the Parent
Organization representing the present right to vote for the election of directors or trustees; or
b. the merger or consolidation of the Parent Organization into another entity such that the Parent
Organization is not the surviving entity;
All definitions shall apply equally to the singular and plural forms of the respective words.
C. LIMITS OF LIABILITY AND RETENTIONS
1. The Limits of Liability and Retentions for each Coverage Section are separate Limits of Liability and Retentions
pertaining only to the Coverage Section for which they are shown. The application of a Retention to Loss under
one Coverage Section shall not reduce the Retention under any other Coverage Section, and no reduction in the
Limit of Liability applicable to one Coverage Section shall reduce the Limit of Liability under any other Coverage
Section.
2. In the event that any Claim is covered, in whole or in part, under more than one Coverage Section, the total
applicable Retention shall not exceed the single largest applicable Retention. The largest applicable Retention
shall apply only once to such Claim.
D. WARRANTY
It is warranted that the particulars and statements contained in the Application are the basis of this Policy and are to
be considered as incorporated into and constituting a part of this Policy and each Coverage Section.
By acceptance of this Policy, the Insureds agree that:
1. the statements in the Application are their representations, that such representations shall be deemed material
to the acceptance of the risk or the hazard assumed by Insurer under this Policy, and that this Policy and each
Coverage Section are issued in reliance upon the truth of such representations; and
2. in the event the Application, including materials submitted or required to be submitted therewith, contains any
misrepresentation or omission made with the intent to deceive, or contains any misrepresentation or omission
which materially affects either the acceptance of the risk or the hazard assumed by Insurer under this Policy,
this Policy, including each and all Coverage Sections, shall be void ab initio with respect to any Insureds who had
knowledge of such misrepresentation or omission.
E. CANCELLATION
1. By acceptance of this Policy, the Insureds hereby confer to the Parent Organization the exclusive power and
authority to cancel this Policy on their behalf. The Parent Organization may cancel this Policy in its entirety or
any of the applicable Coverage Sections individually by surrender thereof to the Insurer, or by mailing written
notice to the Insurer stating when thereafter such cancellation shall be effective. The mailing of such notice shall
be sufficient notice and the effective date of cancellation shall be the date the Insurer received such notice or any
later date specified in the notice, and such effective date shall become the end of the Policy or applicable
Coverage Section. Delivery of such written notice shall be equivalent to mailing.
2. This Policy may be cancelled by the Insurer only for nonpayment of premium, by mailing written notice to the
Parent Organization stating when such cancellation shall be effective, such date to be not less than ten (10)
days from the date of the written notice. The mailing of such notice shall be sufficient notice and the effective date
of cancellation stated in the notice shall become the end of the Policy Period. Delivery of such written notice by
the Insurer shall be equivalent to mailing. If the foregoing notice period is in conflict with any governing law or
EKI-326 (04/08) Page 2 of 5
regulation, then the notice period shall be deemed to be the minimum notice period permitted under the
governing law or regulation.
3. If this Policy or any Coverage Section is cancelled, the Insurer shall retain the pro rata proportion of the premium
therefore. Payment or tender of any unearned premium by Insurer shall not be a condition precedent to the
effectiveness of cancellation.
F. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES
The estates, heirs, legal representatives, assigns, spouses and Domestic Partners of natural persons who are
Insureds shall be considered Insureds under this Policy; provided, however, coverage is afforded to such estates,
heirs, legal representatives, assigns, spouses and Domestic Partners only for a Claim arising solely out of their status
as such and, in the case of a spouse or Domestic Partner, where the Claim seeks damages from marital community
property, jointly held property or property transferred from the natural person who is an Insured to the spouse or
Domestic Partner. No coverage is provided for any Wrongful Act of an estate, heir, legal representative, assign,
spouse or Domestic Partner. All of the terms and conditions of this Policy including, without limitation, the Retentions
applicable to Loss incurred by natural persons who are Insureds shall also apply to Loss incurred by such estates,
heirs, legal representatives, assigns, spouses and Domestic Partners.
G. AUTHORIZATION CLAUSE
By acceptance of this Policy, the Parent Organization agrees to act on behalf of all Insureds, and the Insureds agree
that the Parent Organization will act on their behalf, with respect to the giving of all notices to Insurer, the receiving of
notices from Insurer, the agreement to and acceptance of endorsements, the payment of the premium and the receipt
of any return premium.
H. DISCOVERY PERIOD
1. If this Policy or any Coverage Section is cancelled or is not renewed by the Insurer, for reasons other than non-
payment of premium or if the Parent Organization elects to cancel or not to renew this Policy or a Coverage
Section, then the Parent Organization shall have the right, upon payment of an additional premium calculated at
that percentage shown in Item 5. of the Declarations of the total premium for this Policy, or the total premium for
the cancelled or not renewed Coverage Section, whichever is applicable, to purchase an extension of the
coverage granted by this Policy or the applicable cancelled or not renewed Coverage Section with respect to any
Claim first made during the period of time set forth in Item 5. of the Declarations after the effective date of such
cancellation or, in the event of a refusal to renew, after the Policy expiration date, but only with respect to any
Wrongful Act committed before such date. The Parent Organization shall have the right to elect only one of the
Discovery Periods set forth in Item 5. of the Declarations.
2. As a condition precedent to the right to purchase the Discovery Period set forth in subsection H.1. above, the
total premium for the Policy must have been paid. Such right to purchase the Discovery Period shall terminate
unless written notice, together with full payment of the premium for the Discovery Period, is received by Insurer
within thirty (30) days after the effective date of cancellation, or, in the event of a refusal to renew, within thirty
(30) days after the Policy expiration date. If such notice and premium payment is not so given to Insurer, there
shall be no right to purchase the Discovery Period.
3. In the event of the purchase of the Discovery Period, the entire premium therefore shall be deemed earned at
the commencement of the Discovery Period.
4. The exercise of the Discovery Period shall not in any way increase or reinstate the limit of Insurer's liability
under any Coverage Section.
I. RUN-OFF COVERAGE
In the event of a Takeover:
1. The Parent Organization shall have the right, upon payment of an additional premium calculated at the
percentage of the total premium for this Policy set forth in Item 6. of the Declarations, to an extension of the
coverage granted by this Policy with respect to any Claim first made during the Run -Off Period, as set forth in
Item 6. of the Declarations, but only with respect to any Wrongful Act committed before the effective date of the
Takeover (herein defined as "Run -Off Coverage"); provided, however, such additional premium shall be reduced
by the amount of the unearned premium from the date of the Takeover or the date of notice of the election of
the Run -Off Coverage, whichever is later, through the expiration date set forth in Item 2. of the Declarations.
2. The Parent Organization shall have the right to elect only one of the periods designated in Item 6. of the
Declarations. The election must be made prior to the expiration of the Policy Period. The right to purchase a Run -
Off Period shall terminate on the expiration of the Policy Period.
3. If a Run -Off Period is elected and purchased:
EKI-326 (04/08) Page 3 of 5
a. Section E. above, is deleted in its entirety and neither the Insureds nor the Insurer may cancel this Policy
or any Coverage Section thereof;
b. Section H. above, is deleted in its entirety; and
c. The exercise of the Run -Off Period shall not in any way increase or reinstate the limit of the Insurer's
liability under any Coverage Section.
J. ADDITIONAL INSURED PERSON DISCOVERY PERIOD
If the Parent Organization cancels or elects not to renew this Policy, including all of the applicable Coverage Sections,
then any Insured Person who was not actively serving in their capacity as an Insured Person shall be entitled to an
extension of the coverage granted by this Policy with respect to any Claim first made during the Additional Insured
Person Discovery Period, but only with respect to any Wrongful Act committed before such Policy cancellation or non -
renewal.
The extension of coverage during the Additional Insured Person Discovery Period shall not apply to the Organization
in any respect. The extension of coverage during the Additional Insured Person Discovery Period shall not apply to
any Insured Person if the Parent Organization has elected for the Discovery Period or Run-off Period under Section
H. or I. above.
K. ALTERNATIVE DISPUTE RESOLUTION
The Insureds and the Insurer shall submit any dispute or controversy arising out of or relating to this Policy or the
breach, termination or invalidity thereof to the alternative dispute resolution ("ADR") process described in this
subsection.
Either an Insured or the Insurer may elect the type of ADR process discussed below; provided, however, that the
Insured shall have the right to reject the choice by the Insurer of the type of ADR process at any time prior to its
commencement, in which case the choice by the Insured of ADR process shall control.
There shall be two choices of ADR process: (1) non -binding mediation administered by any mediation facility to which the
Insurer and the Insured mutually agree, in which the Insured and the Insurer shall try in good faith to settle the
dispute by mediation in accordance with the then -prevailing com-mercial mediation rules of the mediation facility; or (2)
arbitration submitted to any arbitration facility to which the Insured and the Insurer mutually agree, in which the
arbitration panel shall consist of three disinterested individuals. In either mediation or arbitration, the mediator or
arbitrators shall have knowledge of the legal, corporate management, and insurance issues relevant to the matters in
dispute. In the event of arbitration, the decision of the arbitrators shall be final and binding and provided to both
parties, and the award of the arbitrators shall not include attorneys' fees or other costs. In the event of mediation,
either party shall have the right to commence arbitration in accordance with this section; provided, however, that no
such arbitration shall be commenced until at least sixty (60) days after the date the mediation shall be deemed
concluded or terminated. In all events, each party shall share equally the expenses of the ADR process. Either ADR
process may be commenced in New York, New York or in the state indicated in Item 1. of the Declarations as the
principal address of the Parent Organization. The Parent Organization shall act on behalf of each and every Insured in
connection with any ADR process under this section.
L. TERRITORY
Coverage under this Policy shall extend to Wrongful Acts taking place or Claims made anywhere in the world.
M. ASSISTANCE, COOPERATION AND SUBROGATION
The Insureds agree to provide Insurer with such information, assistance and cooperation as Insurer reasonably may
request, and they further agree that they shall not take any action which in any way increases Insurer's exposure
under this Policy. In the event of any payments under this Policy, Insurer shall be subrogated to the extent of such
payment to all of the Insureds' rights of recovery against any person or entity. The Insureds shall execute all papers
required and shall do everything that may be necessary to secure and preserve such rights, including the execution of
such documents as are necessary to enable Insurer effectively to bring suit or otherwise pursue subrogation in the
name of the Insureds, and shall provide all other assistance and cooperation which Insurer may reasonably require.
N. ACTION AGAINST INSURER, ALTERATION AND ASSIGNMENT
Except as provided in Section J. above, Alternative Dispute Resolution, no action shall lie against Insurer unless, as a
condition precedent thereto, there shall have been compliance with all of the terms of this Policy. No person or
organization shall have any right under this Policy to join Insurer as a party to any action against the Insureds to
determine their liability, nor shall Insurer be impleaded by the Insureds or their legal representative. No change in,
EKI-326 (04/08) Page 4 of 5
modification of, or assignment of interest under this Policy shall be effective except when made by a written
endorsement to this Policy which is signed by an authorized representative of the Insurer.
O. ENTIRE AGREEMENT
By acceptance of this Policy, the Insureds agree that this Policy embodies all agreements existing between them and
Insurer or any of their agents relating to this insurance. Notice to any agent or knowledge possessed by any agent or
other person acting on behalf of Insurer shall not effect a waiver or a change in any part of this Policy or estop Insurer
from asserting any right under the terms of this Policy or otherwise, nor shall the terms be deemed waived or changed
except by written endorsement or rider issued by Insurer to form part of this Policy.
EKI-326 (04/08) Page 5 of 5
Scottsdale Indemnity Company
Scottsdale Indemnity Company, herein called the Insurer
BUSINESS AND MANAGEMENT INDEMNITY POLICY - NON-PROFIT
ORGANIZATIONS
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
In consideration of the payment of premium, in reliance on the Application and subject to the Declarations, and terms and
conditions of this Policy, the Insurer and the Insureds agree as follows:
A. INSURING CLAUSE
Insurer shall pay the Loss of the Insureds which the Insureds have become legally obligated to pay by reason of a
Claim first made against the Insureds during the Policy Period or, if elected, the Extended Period, and reported to the
Insurer pursuant to Section E.1. herein, for any Wrongful Act taking place prior to the end of the Policy Period.
B. DEFINITIONS
1. Claim means:
a. a written demand against any Insured for monetary damages or non -monetary or injunctive relief;
b. a civil proceeding against any Insured seeking monetary damages or non -monetary or injunctive relief,
commenced by the service of a complaint or similar pleading;
c. a criminal proceeding against any Insured, commenced by a return of an indictment or similar document, or
receipt or filing of a notice of charges;
d. an arbitration proceeding against any Insured seeking monetary damages or non -monetary or injunctive
relief; or
e. a civil, administrative or regulatory proceeding or a formal governmental investigation against any Insured
commenced by the filing of a notice of charges, investigative order or similar document.
2. Continuity Date means the date set forth in Item 3. of the Declarations relating to this Coverage Section.
3. Costs, Charges and Expenses means reasonable and necessary legal costs, charges, fees and expenses
incurred by any of the Insureds in defending Claims and the premium for appeal, attachment or similar bonds
arising out of covered judgments, but with no obligation to furnish such bonds and only for the amount of such
judgment that is up to the applicable Limit of Liability. Costs, Charges and Expenses do not include salaries,
wages, fees, overhead or benefit expenses of or associated with officers or employees of the Organization.
4. Insured Persons means all persons who were, now are or shall become:
a. a director, officer, trustee, volunteer, committee member or employee of the Organization; and
b. the functional equivalent of a director, officer, trustee, volunteer, committee member or employee in the
event the Organization is incorporated or domiciled outside the United States.
5. Insureds mean the Organization and the Insured Persons.
6. Interrelated Wrongful Acts means all Wrongful Acts that have as a common nexus any fact, circumstance,
situation, event, transaction, cause or series of facts, circumstances, situations, events, transactions or causes.
7. Loss means damages, judgments, settlements, pre -judgment or post -judgment interest awarded by a court, and
Costs, Charges and Expenses incurred by any of the Insureds.
Loss does not include:
a. taxes, fines or penalties;
EKI-P-8 (04/08) Page 1 of 5
b. matters uninsurable under the laws pursuant to which this Policy is construed;
c. punitive or exemplary damages, or the multiple portion of any multiplied damage award, except to the
extent that such punitive or exemplary damages, or the multiple portion of any multiplied damage award
are insurable under the internal laws of any jurisdiction which most favors coverage for such damages and
which has a substantial relationship to the Insureds, Insurer, this Policy or the Claim giving rise to such
damages;
d. the cost of any remedial, preventative or other non -monetary relief, including without limitation any costs
associated with compliance with any such relief of any kind or nature imposed by any judgment, settlement
or governmental authority;
e. any amount for which the Insured is not financially liable or legally obligated to pay;
f. the costs to modify or adapt any building or property to be accessible or accommodating or more accessible
or accommodating, to any disabled person; or
g.
any amounts owed or paid under any written or express contract or agreement.
8. Personal Injury Act means false arrest, wrongful detention or imprisonment, malicious prosecution, invasion of
privacy, or wrongful entry or eviction.
9. Publisher Liability Act means defamation, infringement of copyright or trademark, unauthorized use of title,
plagiarism or misappropriation of ideas.
10. Wrongful Act means any actual or alleged error, omission, misleading statement, misstatement, neglect, breach
of duty or act, Publisher Liability Act or Personal Injury Act allegedly committed or attempted by any Insured,
while acting in their capacity as such, or any matter claimed against any Insured Persons solely by reason of his
or her serving in such capacity.
C. EXCLUSIONS
Insurer shall not be liable for Loss under this Coverage Section on account of any Claim:
1. for actual or alleged bodily injury, sickness, disease, death, assault, battery, mental anguish, emotional distress,
or damage to or destruction of any tangible or intangible property including loss of use thereof, whether or not
such property is physically injured;
2. alleging, based upon, arising out of, attributable to, directly or indirectly resulting from, in consequence of, or in
any way involving:
a. any Wrongful Act, fact, circumstance or situation which has been the subject of any written notice given
under any other policy of which this Policy is a renewal or replacement or which it succeeds in time; or
b. any other Wrongful Act, whenever occurring, which together with a Wrongful Act which has been the
subject of such prior notice, would constitute Interrelated Wrongful Acts;
3. alleging, based upon, arising out of, attributable to, directly or indirectly resulting from, in consequence of, or in
any way involving:
a. the actual, alleged or threatened discharge, dispersal, release, escape, seepage, migration or disposal of
Pollutants; or
b. any direction or request that any Insured test for, monitor, clean up, remove, contain, treat, detoxify or
neutralize Pollutants, or any voluntary decision to do so;
For purposes of this exclusion, Pollutants means any substance exhibiting any hazardous characteristics as
defined by, or identified on, a list of hazardous substances issued by the United States Environmental Protection
Agency or any federal, state, county, municipal or local counterpart thereof or any foreign equivalent. Such
substances shall include, without limitation, solids, liquids, gaseous, biological, bacterial or thermal irritants,
contaminants or smoke, vapor, soot, fumes, acids, alkalis, chemicals or waste materials (including materials to be
reconditioned, recycled or reclaimed). Pollutants shall also mean any other air emission or particulate, odor,
waste water, oil or oil products, infectious or medical waste, asbestos or asbestos products, noise, fungus
(including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi, but
does not include any fungi intended by the Insured for consumption) and electric or magnetic or electromagnetic
field;
4. for any actual or alleged violation of the responsibilities, obligations or duties imposed by Employee Retirement
Income Security Act of 1974, as amended, or any rules or regulations promulgated thereunder, or similar
EKI-P-8 (04/08) Page 2 of 5
provisions of any federal, state or local statutory or common law;
5. brought or maintained by, on behalf of, in the right of, or at the direction of any Insured in any capacity, unless
such Claim:
a. is brought derivatively on behalf of the Organization and is instigated and continued totally independent
of, and totally without the solicitation, assistance, active participation of, or intervention of, any Insured;
b. is brought or maintained by any Insured in the form of a cross -claim, third -party claim or other proceeding
for contribution or indemnity which is part of, and directly results from a Claim that is covered by this
Coverage Section; or
c. is brought or maintained by any bankruptcy trustee or bankruptcy appointed representative of the
Organization;
6. alleging, based upon, arising out of, attributable to, directly or indirectly resulting from, in consequence of, or in
any way involving:
a. any dishonest, deliberately fraudulent or criminal act of any Insured; provided, however this exclusion 6.a.
shall not apply unless and until there is a final judgment against such Insured as to such conduct; or
b. the gaining of any profit, remuneration or financial advantage to which any Insured Person was not legally
entitled; provided, however, that this exclusion 6.b. shall not apply unless and until there is a final
judgment against such Insured Person as to such conduct;
when this exclusion applies, the Insured shall reimburse the Insurer for any Costs, Charges or Expenses
advanced;
7. for the return by any of the Insured Person of any remuneration paid to them without the previous approval of
the appropriate governing body of the Organization, which payment without such previous approval shall be held
to be in violation of law;
8. against any of the Insured Person of any Subsidiary or against any Subsidiary alleging, based upon, arising out
of, attributable to, directly or indirectly resulting from, in consequence of, or in any way involving any Wrongful
Act actually or allegedly committed or attempted by a Subsidiary or Insured Person thereof:
a. before the date such entity became a Subsidiary or after the date such entity ceased to be a Subsidiary;
or
b. occurring while such entity was a Subsidiary which, together with a Wrongful Act occurring before the
date such entity became a Subsidiary, would constitute Interrelated Wrongful Acts;
9. alleging, based upon, arising out of, attributable to, directly or indirectly resulting from, in consequence of, or in
any way involving any Wrongful Act actually or allegedly committed subsequent to a Takeover;
10. for a Wrongful Act actually or allegedly committed or attempted by any of the Insured Person in his or her
capacity as a director, officer, trustee, manager, member of the board of managers or equivalent executive of a
limited liability Organization or employee of, or independent contractor for or in any other capacity or position with
any entity other than the Organization;
11. alleging, based upon, arising out of, attributable to, directly or indirectly resulting from, in consequence of, or in
any way involving:
a. any prior or pending litigation or administrative or regulatory proceeding, demand letter or formal or
informal governmental investigation or inquiry filed or pending on or before the Continuity Date; or
b. any fact, circumstance, situation, transaction or event underlying or alleged in such litigation or
administrative or regulatory proceeding, demand letter or formal or informal governmental investigation or
inquiry;
12. alleging, based upon, arising out of, attributable to, directly or indirectly resulting from, in consequence of, or in
any way involving, any Wrongful Act, fact, circumstance or situation which any of the Insureds had knowledge of
prior to the Continuity Date where such Insureds had reason to believe at the time that such known Wrongful
Act could reasonably be expected to give rise to such Claim;
13. alleging, based upon, arising out of, attributable to, directly or indirectly resulting from, in consequence of, or in
any way involving any employment or employments€"related matters brought by or on behalf of or on the right of
an applicant for employment with the Organization or any Insured Person;
EKI-P-8 (04/08) Page 3 of 5
14. alleging, based upon, arising out of, attributable to, directly or indirectly resulting from, in consequence of, or in
any way involving the actual or alleged breach of any contract or agreement; provided, however, this exclusion
shall not apply to Costs, Charges and Expenses; or
15. for that portion of Loss which is covered under any other Coverage Section of this Policy.
No Wrongful Act of one or more Insureds shall be imputed to any other Insureds for the purpose of determining the
applicability of any of the above exclusions.
D. LIMIT OF LIABILITY AND RETENTIONS
1. The liability of the Insurer shall apply only to that part of Loss, which is excess of the Retention amounts
applicable to this Coverage Section, as shown in Item 3. of the Declarations. Such Retentions shall be borne
uninsured by the Insureds and at their own risk. If different parts of a single Claim are subject to different
applicable Retentions under this Coverage Section, the applicable Retentions will be applied separately to each
part of such Loss, but the sum of such Retentions shall not exceed the largest applicable Retention.
2. The amount shown in Item 3. of the Declarations relating to this Coverage Section shall be the maximum
aggregate Limit of Liability of Insurer under this Coverage Section.
3. All Claims arising out of the same Wrongful Act and all Interrelated Wrongful Acts shall be deemed to
constitute a single Claim and shall be deemed to have been made at the earliest of the following times,
regardless of whether such date is before or during the Policy Period:
a. the time at which the earliest Claim involving the same Wrongful Act or Interrelated Wrongful Act is first
made; or
b. the time at which the Claim involving the same Wrongful Act or Interrelated Wrongful Acts shall be
deemed to have been made pursuant to Section E.2., below.
4. Payments of Loss, other than Costs, Charges and Expenses by Insurer shall reduce the Limit of Liability under
this Coverage Section. Costs, Charges and Expenses are not part of and are in addition to the Limit of Liability.
Payment of Costs, Charges and Expenses by the Insurer does not reduce the Limit of Liability. If such Limit of
Liability is exhausted, the obligations of the Insurer under this Coverage Section are completely fulfilled and
extinguished.
E. NOTIFICATION
1. The Insureds shall, as a condition precedent to their rights to payment under this Coverage Section only, give
Insurer written notice of any Claim as soon as practicable, but in no event later than sixty (60) days after the
end of the Policy Period. If any Claim is first made against the Insureds during the Extended Period, if
purchased, written notice to Insurer must be given as soon as practicable, but in no event later than sixty (60)
days after the end of the Extended Period.
2. If, during the Policy Period or the Discovery Period, if purchased, any of the Insureds first becomes aware of a
specific Wrongful Act which may reasonably give rise to a future Claim covered under this Policy, and if the
Insureds, during the Policy Period or the Discovery Period, if purchased, give written notice to Insurer as soon
as practicable of:
a. a description of the Wrongful Act allegations anticipated;
b. the identity of the potential claimants;
c. the circumstances by which the Insureds first became aware of the Wrongful Act;
d. the identity of the Insureds allegedly involved;
e. the consequences which have resulted or may result; and
f. the nature of the potential monetary damages and non -monetary relief;
then any Claim made subsequently arising out of such Wrongful Act shall be deemed for the purposes of this
Coverage Section to have been made at the time such notice was received by the Insurer. No coverage is
provided for fees, expenses and other costs incurred prior to the time such Wrongful Act results in a Claim.
3. Notice to Insurer shall be given to the address shown under Item 8. of the Declarations for this Policy.
F. SETTLEMENT AND DEFENSE
EKI-P-8 (04/08) Page 4 of 5
1. It shall be the duty of the Insurer and not the duty of the Insureds to defend any Claim. Such duty shall exist
even if any of the allegations are groundless, false or fraudulent. The Insurer's duty to defend any Claim shall
cease when the Limit of Liability has been exhausted.
2. The Insurer may make any investigation it deems necessary, and shall have the right to settle any Claim;
provided, however, no settlement shall be made without the consent of the Parent Company, such consent not
to be unreasonably withheld.
3. The Insureds agree not to settle or offer to settle any Claim, incur any Costs, Charges and Expenses or
otherwise assume any contractual obligation or admit any liability with respect to any Claim without the prior
written consent of the Insurer, such consent not to be unreasonably withheld. The Insurer shall not be liable for
any settlement, Costs, Charges and Expenses, assumed obligation or admission to which it has not consented.
The Insureds shall promptly send to the Insurer all settlement demands or offers received by any Insured from
the claimant(s).
4. The Insureds agree to provide the Insurer with all information, assistance and cooperation which the Insurer
reasonably requests and agree that, in the event of a Claim, the Insureds will do nothing that shall prejudice the
position of the Insurer or its potential or actual rights of recovery.
G. OTHER INSURANCE
If any Loss covered under this Coverage Section is covered under any other valid and collectible insurance, then this
Policy shall cover the Loss, subject to its terms and conditions, only to the extent that the amount of the Loss is in
excess of the amount of such other insurance whether such other insurance is stated to be primary, contributory,
excess, contingent or otherwise, unless such other insurance is written only as specific excess insurance over the Limit
of Liability for this Coverage Section.
EKI-P-8 (04/08) Page 5 of 5
Scottsdale Indemnity Company
Endorsement No.
2
Attached To And
Forming Part of
Policy Number
EKI3196156
Endorsement Effective
Date (12:01 A.M.
Standard Time)
08/01/2016
Named Insured
Weld County Housing Authority
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADVISORY BOARD EXTENSION
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
The following is added to Section B. DEFINITIONS, subsection 4.:
Insured Persons means all persons who were, now are or shall become:
members of the Advisory Board of the Organization.
All other terms and conditions of this Policy remain unchanged.
Agent No.
29406
EKI-99 (04/08) Page 1 of 1
Scottsdale Indemnity Company
Attached To And
Forming Part of
Policy Number
Endorsement No.
3
,EKI3196156
Endorsement Effective
Date (12:01 A.M.
Standard Time)
08/01/2016
Named Insured
Weld County Housing Authori y
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ALLOCATION PROVISION
This endorsement modifies insurance provided under the following:
GENERAL TERMS AND CONDITIONS COVERAGE SECTION
The following Section P., ALLOCATION, is added to the General Terms and Conditions Section.
P.
ALLOCATION
Agent No.
29406
1. In the event the Insurer has the duty to defend a Claim under any Coverage Section in which both Loss that is
covered by the applicable Coverage Section and loss which is not covered by the applicable Coverage Section is
incurred, either because such Claim includes both covered and uncovered matters or because such Claim is
made against both covered and uncovered parties, then:
a. this Policy shall pay one hundred percent (100%) of Costs, Charges and Expenses incurred by such
Insured on account of such Claim; and
b. there shall be a fair and equitable allocation of any remaining loss incurred by such Insured on account of
such Claim between covered Loss and uncovered loss based upon the relative legal and financial
exposures and the relative benefits obtained.
2. In the event the Insured has the duty to defend a Claim under any Coverage Section in which both Loss that is
covered by the applicable Coverage Section and loss which is not covered by the applicable Coverage Section is
incurred, either because such Claim includes both covered and uncovered matters or because such Claim is
made against both covered and uncovered parties, then the Insured and the Insurer shall use their best efforts
to determine a fair and proper allocation as between such insured and uninsured loss, taking into account the
relative legal and financial exposures and the relative benefits obtained.
All other terms and conditions of this Policy remain unchanged.
EKI-804 (01/09) Page 1 of 1
Scottsdale Indemnity Company
Attached To And
Forming Part of
Policy Number
Endorsement No.
4
EKI3196156
Endorsement Effective
Date (12:01 A.M.
Standard Time)
08/01/2016
Named Insured
Weld County Housing Authority! _
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMEND DEFINITION OF INSURED PERSON-LEASED/CONTRACTED EMPLOYEES
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
The following is added to Section B., DEFINITIONS, subsection 4.:
Insured Person means any person who was, now is, or shall become:
Agent No.
29406
any natural person who is a leased employee or is contracted to perform work for the Organization, or is an
independent contractor for the Organization, but only to the extent such individual performs work or services for or on
behalf of the Organization.
All other terms and conditions of this Policy remain unchanged.
EKI-888 (12/09) Page 1 of 1
Scottsdale Indemnity Company
Attached To And
Forming Part of
Policy Number
EKI3196156
Endorsement Effective
Date (12:01 A.M.
Standard Time)
08/01/2016
Named Insured
Weld County Housing Authorit
Endorsement No.
5
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMEND DISCOVERY ELECTION - 90 DAYS
This endorsement modifies insurance provided under the following:
GENERAL TERMS AND CONDITIONS
Section H., DISCOVERY PERIOD, subsection 2., is replaced by:
Agent No.
29406
2. As a condition precedent to the right to purchase the Discovery Period set forth in subsection H.1. above, the total
premium for the Policy must have been paid. Such right to purchase the Discovery Period shall terminate unless
written notice, together with full payment of the premium for the Discovery Period, is received by Insurer within ninety
(90) days after the effective date of cancellation, or, in the event of a refusal to renew, within ninety (90) days after the
Policy expiration date. If such notice and premium payment is not so given to Insurer, there shall be no right to
purchase the Discovery Period.
All other terms and conditions of this Policy remain unchanged.
EKI-803(01/09) Page 1 of 1
Scottsdale Indemnity Company
Endorsement No.
6
Attached To And
Forming Part of
Policy Number
EKI3196156
Endorsement Effective
Date (12:01 A.M.
Standard Time)
08/01/2016
Named Insured
Weld County Housing Authorit
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMEND INSURED VERSUS INSURED EXCLUSION
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
Section C., EXCLUSIONS, subsection 5., is amended by adding the following:
Agent No.
29406
is brought or maintained by any former director or officer of the Organization and where such Claim is solely based
upon and arising out of Wrongful Acts committed subsequent to the date such director or officer ceased to be a
director or officer of the Organization and where such Claim is first made two (2) years subsequent to the date such
director or officer ceased to be a director or officer of the Organization.
All other terms and conditions of this Policy remain unchanged.
EKI-255 (08/09) Page 1 of 1
Scottsdale Indemnity Company
Attached To And
Forming Part of
Policy Number
EKI3196156
Endorsement Effective
Date (12:01 A.M.
Standard Time)
08/01/2016
Named Insured
Weld County HousiAuthorit
Endorsement No.
7
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMEND NOTICE OF CIRCUMSTANCES
Agent No.
29406
This endorsement modifies insurance provided under the following:INSURED PERSON AND ORGANIZATION COVERAGE
SECTIONSection E., NOTIFICATION, subsection 2. is replaced by:If during the Policy Period or the Discovery Period, if
purchased, any of the Insureds first become aware of specific facts or circumstances which may reasonably give rise to a future Claim
covered under this Policy, and if the Insureds, during the Policy Period or the Discovery Period, if purchased, give written notice to
Insurer as soon as practicable of:a description of the facts, circumstances, or allegations anticipated;the identity of potential
claimants;the circumstances by which the Insureds first became aware of the facts or circumstances;the identity of the Insureds
allegedly involved;the consequences which have resulted or may result; andthe nature of the potential monetary damages and non -
monetary reliefthen any Claim made subsequently arising out of such facts or circumstances shall be deemed for the purposes of this
Coverage Section to have been made at the time such notices was received by the Insurer. No coverage is provided for fees,
expenses and other costs incurred prior to the time such facts or circumstances results in a Claim.All other terms and conditions of
this Policy remain unchanged.
EKI-1143A (11/12) Page 1 of 1
Scottsdale Indemnity Company
Attached To And
Forming Part of
Policy Number
Endorsement No.
8
EKI3196156
Endorsement Effective
Date (12:01 A.M.
Standard Time)
08/01/2016
Named Insured
Weld County Housing Authority
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMEND NOTICE PROVISION - INSURED PERSON AND ORGANIZATION
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
The following is added to Section E. NOTIFICATION:
Agent No.
29406
A Claim shall be deemed to have been first made against the Insureds on the date an Insured who is an executive
officer, or a director, trustee, or general counsel (or equivalent position) of any Organization becomes aware of such
Claim.
All other terms and conditions of this Policy remain unchanged.
EKI-267 (04/08) Page 1 of 1
Scottsdale Indemnity Company
Attached To And
Forming Part of
Policy Number
Endorsement No.
9
EKI3196156
Endorsement Effective
Date (12:01 A.M.
Standard Time)
08/01/2016
Named Insured
Weld County Housing Authorit
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMEND OTHER INSURANCE TO BE PRIMARY
Agent No.
29406
This endorsement modifies insurance provided under the following:INSURED PERSON AND ORGANIZATION COVERAGE
SECTIONSection G., OTHER INSURANCE, is replaced by:OTHER INSURANCEFor any Claim, if any Loss covered under this
Coverage Section is covered under any other valid and collectable insurance, then this Policy shall be primary insurance, unless
expressly written to be excess over other applicable insurance.All other terms and conditions of this Policy remain unchanged.
EKI-1109A (06/12) Page 1 of 1
Scottsdale Indemnity Company
Endorsement No.
10
Attached To And
Forming Part of
Policy Number
EKI3196156
Endorsement Effective
Date (12:01 A.M.
Standard Time)
Named Insured
Agent No.
08/01 2016 Weld Count Housing Authority__ 29406
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMEND SUBROGATION PROVISION - FINAL JUDGMENT
This endorsement modifies insurance provided under the following:
GENERAL TERMS AND CONDITIONS SECTION
Section M., ASSISTANCE, COOPERATION AND SUBROGATION, is deleted in its entirety and replaced by the following:
M. ASSISTANCE, COOPERATION AND SUBROGATION
The Insureds agree to provide Insurer with such information, assistance and cooperation as Insurer reasonably may
request, and they further agree that they shall not take any action which in any way increases Insurer's exposure
under this Policy. In the event of any payments under this Policy, Insurer shall be subrogated to the extent of such
payment to all of the Insureds' rights of recovery against any person or entity. The Insureds shall execute all papers
required and shall do everything that may be necessary to secure and preserve such rights, including the execution of
such documents as are necessary to enable Insurer effectively to bring suit or otherwise pursue subrogation in the
name of the Insureds, and shall provide all other assistance and cooperation which Insurer may reasonably require. In
no event, however, shall the Insurer exercise its right of subrogation against an Insured under this Policy unless such
Insured has been convicted of a deliberate criminal act; or has committed a deliberate fraudulent act, if a final judgment
establishes that such deliberate fraudulent act was committed; or has obtained any profit or advantage to which a final
judgment establishes the Insured was not legally entitled.
All other terms and conditions of this Policy remain unchanged.
EKI-805 (01/09) Page 1 of 1
Scottsdale Indemnity Company
Attached To And
Forming Part of
Policy Number
EKI3196156
Endorsement Effective
Date (12:01 A.M.
Standard Time)
08/01/2016
Named Insured
Weld County Housing Authorit
Endorsement No.
11
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMEND WARRANTY PROVISION - NON -RESCINDABLE COVERAGE
This endorsement modifies insurance provided under the following:
GENERAL TERMS AND CONDITIONS
Under Section D. WARRANTY, paragraph 2. is replaced by:
Agent No.
29406
2. In the event the Application, including materials submitted or required to be submitted therewith, contains any
misrepresentation or omission made with the intent to deceive, or contains any misrepresentation or omission which
materially affects either the acceptance of the risk or the hazard assumed by the Insurer under this Policy, this Policy,
including each and all Coverage Sections, shall not afford coverage to the following Insureds for any Claim alleging,
based upon, arising out of, attributable to, directly or indirectly resulting from, in consequence of, or in any way
involving, any untruthful or inaccurate statements, representations or information:
a. any Insured who is a natural person and who knew the facts misrepresented or the omissions, whether or not
such individual knew of the Application, such materials, or this Policy;
b. any Organization or Sponsor Organization to the extent it indemnifies any Insured referred to in subsection a.
above; and
c. any Organization, Sponsor Organization, Plan, or any other entity that is an Insured, if any past or present
chief executive officer, chief financial officer, general counsel, risk manager or human resources director (or
equivalent positions) of the Parent Organization knew the facts misrepresented or the omissions, whether or
not such individual knew of the Application, such materials, or this Policy.
With respect to any statement, representation or information contained in the Application, or in the materials submitted
or required to be submitted therewith, and solely with respect to the above exclusion, no knowledge possessed by any
Insured who is a natural person shall be imputed to any other Insured who is a natural person.
The following condition is added:
NON -RESCINDABLE
The Insurer shall not be entitled under any circumstances to rescind any Coverage Section of this Policy with
respect to any Insured. Nothing contained in this section shall limit or waive any other rights or remedies
available to the Insurer.
The title and any headings in this endorsement are solely for convenience and form no part of the terms and conditions of
coverage.
All other terms and conditions of this Policy remain unchanged.
EKI-261 (04/09) Page 1 of 1
Scottsdale Indemnity Company
Endorsement No.
12
Attached To And
Forming Part of
Policy Number
Endorsement Effective
Date (12:01 A.M.
Standard Time)
Named Insured
Agent No.
EKI3196156
08/01/2016 J Weld County, Housing Authority
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDED INSURED VERSUS INSURED EXCLUSION - FOREIGN JURISDICTION
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
Section C., EXCLUSIONS, is amended by adding the following to subsection 5.:
29406
is brought or maintained in a jurisdiction outside the United States of America, Canada or Australia by any Insured Persons
of the Organization solely where such Organization is domiciled or chartered in such foreign jurisdiction;
All other terms and conditions of this Policy remain unchanged.
EKI-814 (05/09) Page 1 of 1
Scottsdale Indemnity Company
Attached To And
Forming Part of
Policy Number
Endorsement No.
13
EKI3196156
Endorsement Effective
Date (12:01 A.M.
Standard Time)
08/01/2016
Named Insured
Agent No.
Weld County Housing Authority 29406
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDED INSURED VERSUS INSURED EXCLUSION WHISTLEBLOWER CARVEBACK
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
The following is added to Section C., EXCLUSIONS, subsection 5.:
• is brought or maintained by an employee of the Organization who is not or was not a director or officer of the
Organization, including any such Claim brought or maintained under the Federal False Claims Act or any similar federal,
state, local or foreign "whistleblower" law or "whistleblower" provision of any law.
All other terms and conditions of this Policy remain unchanged.
EKI-930 (02/11) Page 1 of 1
Scottsdale Indemnity Company
Attached To And
Forming Part of
Policy Number
EKI3196156
Endorsement Effective
Date (12:01 A.M.
Standard Time)
08/01/2016
Named Insured
Weld County Housing Authority
Endorsement No.
14
Agent No.
29406
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDED INSURED VERSUS INSURED EXCLUSION WITH CREDITOR COMMITTEE CARVEBACK
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
Section C.,EXCLUSIONS, subsection 5., is amended by adding the following:
• is brought or maintained by any bankruptcy trustee or bankruptcy appointed representative of the Organization, or
creditors committee of the Organization, or any assignee thereof;
All other terms and conditions of this Policy remain unchanged.
EKI-806 (01/09) Page 1 of 1
Scottsdale Indemnity Company
Attached To And
Forming Part of
Policy Number
Endorsement No.
15
EKI3196156
It is agreed that:
Endorsement Effective
Date (12:01 A.M.
Standard Time)
08/01/2016
Named Insured
Weld County Housing Authority_
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COST OF INVESTIGATIONS COVERAGE
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
The following is added to Section B., DEFINITIONS:
Agent No.
29406
Cost of Investigation means reasonable and necessary legal costs, charges, fees and expenses incurred by any of the
Insureds in investigating a written demand, by one or more of the securities holders of the Organization upon the
board of directors, the management board of the Organization or the Organization, to bring a civil proceeding,
including any derivative action, against any of the directors and officers on behalf of the Organization.
The following is added to Section B., DEFINITIONS, subsection 1.:
a written demand, by one or more of the securities holders of the Organization upon the board of directors, the
management board of the Organization or the Organization, to bring a civil proceeding, including any derivative
action, against any of the directors and officers on behalf of the Organization.
Section B., DEFINITIONS, subsection 3. is deleted in its entirety and is replaced by:
3. Costs, Charges and Expenses means:
a. reasonable and necessary legal costs, charges, fees and expenses incurred by any of the Insureds in
defending Claims and the premium for appeal, attachment or similar bonds arising out of covered
judgments, but with no obligation to furnish such bonds and only for the amount of such judgment that is
up to the applicable Limit of Liability and;
b.
cost of investigation.
Costs, Charges and Expenses do not include salaries, wages, fees, overhead or benefit expenses of or
associated with officers or employees of the Organization.
All other terms and conditions of this Policy remain unchanged.
EKI-807 (04/09) Page 1 of 1
Scottsdale Indemnity Company
Endorsement No.
16
Attached To And
Forming Part of
Policy Number
EKI3196156
Endorsement Effective
Date (12:01 A.M.
Standard Time)
08[012016_
Named Insured
Weld County Housing Authority
Agent No.
29406
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CRISIS FUND FOR NON -PROFITS - CRISIS COMMUNICATIONS MANAGEMENT INSURANCE
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
In consideration of the premium amount of $2,675, the following coverage is added. All terms and conditions of this Coverage
Section are applicable unless modified in this endorsement.
The following is added to A., INSURING CLAUSE:
CRISIS MANAGEMENT COVERAGE
This Policy shall pay the Crisis Management Loss of the Organization arising from a Crisis Management Event first
commencing during the Policy Period, up to the amount of the Crisis Management Fund.
With respect to this endorsement, the following additional definitions apply:
Material Effect shall mean the publication of unfavorable information regarding the Organization which can reasonably be
considered to lessen public confidence in the competence of the Organization. Such publication must occur in either:
1. A daily newspaper of general circulation in the geographic area of the Organization; or
2. A radio or television news report on an Organization received in the geographic area of the Organization.
Crisis Management Event shall mean one of the following events which, in the good faith opinion of the Organization, did
cause or is reasonably likely to cause, a Material Effect:
1.
Management Crisis:
The death, incapacity or criminal indictment of any director, trustee or officer, including but not limited to the
executive director, of the Organization, or any employee of the Organization on whom the Organization
maintains key person life insurance.
2. Member Abuse:
The public announcement or accusation that an individual under the management control of the Organization has
intentionally caused bodily injury to, or death of, a member or proposed member of the Organization, or has
sexually abused a member of the Organization.
3. Debt default:
The public announcement that the Organization has defaulted or intends to default on its debt.
4. Bankruptcy:
The public announcement that the Organization intends to file for bankruptcy protection or that a third -party is
seeking to file for involuntary bankruptcy on behalf of the Organization, or the imminence of bankruptcy
proceedings, whether voluntary or involuntary.
EKI-269 (04/08) Page 1 of 3
5. Contribution Revocation:
The withdrawal or return of any non -governmental grant, contribution or bequest in excess of $500,000.
Provided, however, that the term Crisis Management Event shall not include any event relating to:
a. any Claim which has been reported, or any circumstances of which notice has been given, under any policy
of which this Policy is a renewal or replacement or which it may succeed in time;
b. (i) any pending or prior litigation or administrative or regulatory proceeding, demand letter or formal or
informal governmental investigation or inquiry, including any investigation by the U.S. Department of Labor
or the U.S. Equal Employment Opportunity Commission, filed or pending as of 08/01/2013 ; or (ii) any fact,
circumstance, situation, transaction or event underlying or alleged in such litigation or administrative or
regulatory proceeding, demand letter or formal or informal governmental investigation or inquiry, including
any investigation by the U.S. Department of Labor or the U.S. Equal Employment Opportunity Commission;
c. the actual, alleged or threatened discharge, dispersal, release, escape seepage, migration or disposal of
Pollutants; or any direction or request to test for, monitor, clean up, remove, contain, treat, detoxify or
neutralize Pollutants, or any voluntary decision to do so; or
d. the hazardous properties of nuclear materials.
For the purpose of this endorsement, a Crisis Management Event shall first commence when the Organization or
any of its directors or executive officers shall first become aware of the event during the Policy Period and shall
conclude at the earliest of the time when the Crisis Management Firm advises the Organization that the crisis no
longer exists or when the Crisis Management Fund has been exhausted.
Crisis Management Firm shall mean any public relations firm, crisis management firm or law firm hired by the Organization
or its directors, officers or employees to perform Crisis Management Services in connection with a Crisis Management
Event, the selection of which has been consented to by the Insurer, the consent for which shall not be unreasonably withheld.
Attached to this endorsement is a list of firms which have been pre -approved by the Insurer and may be hired by the
Organization without further approval by the Insurer:
Crisis Management Fund shall mean $10,000.
Crisis Management Loss shall mean the following amounts incurred during the pendency of or within ninety (90) days prior
to and in anticipation of, the Crisis Management Event, regardless of whether a Claim is ever made against an Insured
arising from the Crisis Management Event and, in the case where a Claim is made, regardless of whether the amount is
incurred prior to or subsequent to the making of the Claim:
1. Amounts for which the Organization is legally liable for the reasonable and necessary fees and expenses
incurred by a Crisis Management Firm in the performance of Crisis Management Services for the Organization
arising from a Crisis Management Event; and
2. Amounts for which the Organization is legally liable for the reasonable and necessary printing, advertising,
mailing of materials, or travel by directors, officers, employees or agent of the Organization or the Crisis
Management Firm, in connection with the Crisis Management Event.
Crisis Management Services means those services performed by a Crisis Management Firm in advising the
Organization or any of its directors, officers or employees on minimizing the potential harm to the Organization arising from
the Crisis Management Event, including but not limited to maintaining and restoring public confidence in the Organization.
With respect to this endorsement, Section C., EXCLUSIONS, are not applicable to Crisis Management Loss.
With respect to this endorsement, the following is added to Section D., LIMIT OF LIABILITY AND RETENTIONS:
The limit of the Insurer's liability for Crisis Management Loss arising from all Crisis Management Events occurring
during the Policy Period, in the aggregate, shall be the amount set forth in this endorsement as the Crisis Management
EKI-269 (04/08) Page 2 of 3
Fund. This limit shall be the maximum limit of the Insurer under this Policy regardless of the number of Crisis Management
Events occurring during the Policy Period, provided however, that this single Crisis Management Event(s) limit shall be
part of and not in addition to the Limit of Liability stated in Item 3. of the Declarations for this Coverage Section, which shall
in all events be the maximum liability of the Insurer for all Loss under this Policy.
There shall be no retention amount applicable to Crisis Management Loss.
With respect to this endorsement, the following notification is added to Section E., NOTIFICATION:
An actual or anticipated Crisis Management Event shall be reported to the Insurer as soon as practicable, but in no event
later than thirty (30) days after the Organization first incurs Crisis Management Loss for which the coverage will be
requested under this endorsement.
With respect to this endorsement, Section F., SETTLEMENT AND DEFENSE, is amended as follows:
There shall be no requirement for the Organization to obtain prior written approval of the Insurer before incurring any Crisis
Management Loss, provided that the Crisis Management Firm selected by the Organization to perform the Crisis
Management Services has been approved by the Insurer.
All other terms and conditions of this Policy remain unchanged.
EKI-269 (04/08) Page 3 of 3
Scottsdale Indemnity Company
Endorsement No.
17
Attached To And
Forming Part of
Policy Number
Endorsement Effective
Date (12:01 A.M.
Standard Time)
EKI3196156
08/01(2016.
Named Insured
Weld County Housino Authorit
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EMPLOYED LAWYERS EXTENSION
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
The following is added to Section B.4.:
Employed Lawyers of the Organization
The following definition is added to Section B.:
Employed Lawyers means:
employees of the Organization who:
Agent No.
1. are admitted to practice law in one or more jurisdictions in the United States of America; and
2. are employed within the Organization's office of the general counsel or its functional equivalent; and
3. acting solely in the capacity of providing professional legal services to the Organization.
29406
An individual shall not be deemed to be an Employed Lawyer to the extent such individual renders or rendered professional
legal services to persons or entities other than the Insureds.
EKI-1539 (02/14) Page 1 of 1
Scottsdale Indemnity Company
Attached To And
Forming Part of
Policy Number
Endorsement No.
18
EKI3196156
Endorsement Effective
Date (12:01 A.M.
Standard Time)
08`01/2016
Named Insured
Weld County Housing Authority
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCESS BENEFIT TRANSACTION EXCISE TAX COVERAGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
The following is added to Section B. DEFINITIONS:
Agent No.
29406
Excess Benefit Transaction Excise Tax means any excise tax imposed by the Internal Revenue Service on an Insured
Person who is an Organization Manager as a result of such Insured Person's participation in an Excess Benefit
Transaction;
Organization Manager means "organization manager" as that term is defined in Section 4958 of the Internal Revenue
Code of 1986, as amended;
Excess Benefit Transaction means an "excess benefit transaction" as that term is defined in Section 4958; and
Disqualified Person means a "disqualified person" as that term is defined in Section 4958.
Section B. DEFINITIONS, Section 7., paragraph a. is replaced by the following:
a. taxes, fines or penalties other than Excess Benefit Transaction Excise Tax; provided, however, coverage for such
Excess Benefit Transaction Excise Tax shall not include:
i. any Excess Benefit Transaction Excise Tax exceeding $10,000;
ii. any Excess Benefit Transaction Excise Tax expressly prohibited in the bylaws, certificate of incorporation or other
organizational documents of the Insured Organization;
iii. any excise tax imposed by the Internal Revenue Service on any Disqualified Person for any Excess Benefit
Transaction.
All other terms and conditions of this Policy remain unchanged.
EKI-104 (04/08) Page 1 of 1
Scottsdale Indemnity Company
Attached To And
Forming Part of
Policy Number
EKI3196156
Endorsement No.
19
Endorsement Effective
Date (12:01 A.M. Named Insured
Standard Time)
08 01 2016 Weld County Housing Authority
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OUTSIDE ENTITY COVERAGE FOR NON-PROFIT COMPANIES
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
Section B. DEFINITIONS, subsection 10., is replaced by the following:
10. Wrongful Act means:
Agent No.
29406 a
any actual or alleged error, omission, misleading statement, misstatement, neglect, breach of duty or act, Publisher
Liability Act or Personal Injury Act allegedly committed or attempted by any Insured, while acting in their capacity as
such, or any matter claimed against an Insured Person solely by reason of his or her serving in such capacity; or
any actual or alleged error, omission, misleading statement, misstatement, neglect, breach of duty or act of any of the
Insured Persons, while acting in their capacity as a director, officer, trustee, governor, executive director or similar
position of any Outside Entity where such service is with the knowledge and consent of the Organization. In the event
of a dispute between the Organization and Insured Person over whether the Organization had knowledge and
consented to such service, the Insurer shall act in accordance with the decision of the Organization.
The following is added to Section B. DEFINITIONS:
Outside Entity means any non-profit company which is exempt from taxation under the Internal Revenue Code, as
amended, in which any of the Insured Persons is, with the knowledge and consent of the Organization, serving as a
director, officer, trustee, governor, executive director or similar position of such non-profit company.
Section C. EXCLUSIONS, subsection 7., is replaced by:
7. for the return by any of the Insured Persons of any remuneration paid to them without the previous approval of the
appropriate governing body of the Organization or Outside Entity, which payment without such previous approval shall
be held to be in violation of law;
Section C. EXCLUSIONS, subsection 10., is replaced by:
10. for a Wrongful Act actually or allegedly committed or attempted by any of the Insured Persons in his or her capacity as
a director, officer, trustee, manager, member of the board of managers or equivalent executive of a limited liability
company or employee of, or independent contractor for or in any other capacity or position with any entity other than
the Organization; provided, however, that this exclusion shall not apply to Loss resulting from any such Claim solely to
the extent that:
a. such Claim is based on the service of any of the Insured Persons as a director, officer, trustee, governor,
executive director or similar position of any Outside Entity where such service is with the knowledge and consent
of the Organization; and
b. such Outside Entity is not permitted or required by law to provide indemnification to such Insured Person; and
c. such Loss is not covered by insurance provided by any of the Outside Entity's Insurer(s);
Section C. EXCLUSIONS, subsection 13., is replaced by:
13. alleging, based upon, arising out of, attributable to, directly or indirectly resulting from, in consequence of, or in any way
involving any employment or employment -related matters brought by or on behalf of or in the right of an applicant for
employment with the Organization or any Insured Person, or an applicant for employment with an Outside Entity or
any director, officer, trustee, governor, executive director, management committee member, member of the board of
EKI-355 (06/08) Page 1 of 2
managers, or employee of an Outside Entity;
The following is added to Section C. EXCLUSIONS:
Insurer shall not be liable for Loss under this Coverage Section on account of any Claim:
brought or maintained by, on behalf of, in the right, or at the direction of any Outside Entity, or any past, present or
future duly elected or appointed director, officer, trustee, governor, manager, general counsel, risk manager,
management committee member, member of the board of managers, or equivalent executives of any Outside Entity;
All other terms and conditions of this Policy remain unchanged.
EKI-355 (06/08) Page 2 of 2
Scottsdale Indemnity Company
Endorsement No.
20
Attached To And
Forming Part of
Policy Number
EKI3196156
Endorsement Effective
Date (12:01 A.M.
Standard Time)
08/01/2016
Named Insured
Weld Count
Housing Authority
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIORITY OF PAYMENTS PROVISION
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
The following condition is added:
PAYMENT PRIORITY
Agent No.
29406
If the amount of any Loss which is otherwise due and owing by the Insurer exceeds the then -remaining Limit of
Liability applicable to the Loss, the Insurer shall pay the Loss, subject to such Limit of Liability, in the following
priority:
a. first, the Insurer shall pay any non-indemnifiable Loss covered under this Coverage Section in excess of
any applicable Retention shown in Item 3. of the Declarations; and
b. second, only if and to the extent the payment under a. above does not exhaust the applicable Limit of
Liability, the Insurer shall pay any remaining Loss under this Coverage Section in excess of the Retention
shown in Item 3. of the Declarations.
c. subject to the foregoing, the Insurer shall, upon receipt of a written request from the Chief Executive
Officer of the Parent Organization, delay any payment of Loss otherwise due and owing to or on behalf of
the Organization until such time as the Chief Executive Officer of the Parent Organization designates,
provided the liability of the Insurer with respect to any such delayed Loss payment shall not be increased,
and shall not include any interest, on account of such delay.
All other terms and conditions of this Policy remain unchanged.
EKI-238 (04/08) Page 1 of 1
Scottsdale Indemnity Company
Attached To And
Forming Part of
Policy Number
Endorsement No.
21
EKI3196156
Endorsement Effective
Date (12:01 A.M.
Standard Time)
08/01/2016
Named Insured
Weld County Housin Authority
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PROFESSIONAL SERVICES ERRORS AND OMISSIONS EXCLUSIONS
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
The following is added to Section C. EXCLUSIONS:
Insurer shall not be liable for Loss under this Coverage Section on account of any Claim:
Agent No.
29406
alleging, based upon, arising out of, or attributable to, directly or indirectly resulting from, in consequence of, or in
any way involving the rendering or failure to render professional services.
All other terms and conditions of this Policy remain unchanged.
EKI-121 (04/08) Page 1 of 1
Scottsdale Indemnity Company
Endorsement No.
22
Attached To And
Forming Part of
Policy Number
EKI3196156
Endorsement Effective
Date (12:01 A.M.
Standard Time)
08/01/2016
Named Insured
Weld County Housing Authority
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PUBLIC OFFICIALS ENDORSEMENT
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
Section C., EXCLUSIONS, is amended by adding the following:
Insurer shall not be liable for Loss under this Coverage Section on account of any Claim:
Agent No.
29406
• arising out of, directly or indirectly resulting from, in consequence of, or in any way involving any Claims, demands or
actions seeking exclusively non -monetary relief or redress of any kind or any fees or expenses including, but not limited
to, attorney fees relating to such Claim or redress of any kind;
• alleging, based upon, arising out of, directly or indirectly resulting from the actual or alleged wrongful entry, eviction,
violation of the right of occupancy, trespass or nuisance;
• alleging, based upon, arising out of, directly or indirectly resulting from the actual or alleged failure to effect or maintain
appropriate or adequate insurance;
• alleging, based upon, arising out of, directly or indirectly resulting from the activities, operations or administration of any
loan funds or granting of loans;
• alleging, based upon, arising out of, directly or indirectly resulting from, in consequence of, or in any way involving the
actual or alleged failure to provide or supply water;
• alleging, based upon, arising out of, directly or indirectly resulting from, in consequence of, or in any way involving the
actual or alleged condemnation, inverse condemnation, temporary or permanent taking, adverse possession or
dedication by adverse use;
• alleging, based upon, arising out of, directly or indirectly resulting from, in consequence of, or in any way involving actual
or alleged discrimination, including, but not limited to, discrimination based upon religion, race, creed, color, sex, age,
marital status, sexual preference, pregnancy, handicap or disability;
Section B., DEFINITIONS, subsection 4.a. is deleted in its entirety and replaced with the following:
a. a director, officer, official, trustee, volunteer, committee member or employee of the Organization; and
Section C., EXCLUSIONS, paragraph 14. is deleted and replaced by:
14. alleging, based upon, arising out of, attributable to, directly or indirectly resulting from, in consequence of, or in
any way involving the actual or alleged breach of any oral, written, express or implied contract or agreement; or
EKI-921 (11/10) Page 1 of 2
All other terms and conditions of this Policy remain unchanged.
EKI-921 (11/10) Page 2 of 2
Scottsdale Indemnity Company
Attached To And
Forming Part of
Policy Number
Endorsement No.
23
Endorsement Effective
Date (12:01 A.M.
Standard Time)
Named Insured
Agent No.
EKI3196156
08/01/2016
Weld County Housing Authority
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
REMOVAL OF ALTERNATIVE DISPUTE RESOLUTION PROVISION
This endorsement modifies insurance provided under the following:
GENERAL TERMS AND CONDITIONS
Section K. ALTERNATIVE DISPUTE RESOLUTION, is deleted in its entirety.
All other terms and conditions of this Policy remain unchanged.
29406
EKI-124 (04/08) Page 1 of 1
Scottsdale Indemnity Company
Attached To And
Forming Part of
Policy Number
EKI3196156
Endorsement Effective
Date (12:01 A.M.
Standard Time)
08/01/2016
Named Insured
Weld County Housinc Authority
Endorsement No.
24
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
REPLACEMENT POLICY LIBERALIZATION ENDORSEMENT - NON-PROFIT
This endorsement modifies insurance provided under the following:
GENERAL TERMS AND CONDITIONS
It is agreed that the GENERAL TERMS AND CONDITIONS Section is amended by adding the following:
REPLACEMENT POLICY LIBERALIZATION PROVISION
Agent No.
29406
It is agreed that this Policy (together with all endorsements attached hereto, the "Replacement Policy") has been issued as a
replacement to policy number EKI3041639 issued to Weld County Housing Authority by Scottsdale Indemnity Company
(such policy together with all endorsements attached thereto, the "Expiring Policy"). With respect to any Claim first made
during the Policy Period of the Replacement Policy and reported to the Insurer pursuant to the terms of the relevant
Coverage Section, the terms and conditions of either the Replacement Policy (in its entirety) or the Expiring Policy (in its
entirety) that are more favorable to the Insured shall govern; provided that in all events, the retention amounts and limits of
liability of the Replacement Policy will apply to all such Claims.
All other terms and conditions of this Policy remain unchanged.
EKI-830 (05/09) Page 1 of 1
Scottsdale Indemnity Company
Endorsement No.
25
Attached To And
Forming Part of
Policy Number
Endorsement Effective
Date (12:01 A.M.
Standard Time)
Named Insured
Agent No.
EKI3196156
08
01
2016
Weld
Count
Hou
sin
Authorit
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
STATE AMENDATORY INCONSISTENT
This endorsement modifies insurance provided under the following:
GENERAL TERMS AND CONDITIONS
29406
It is agreed that in the event there is an inconsistency between a state amendatory endorsement attached to this Policy and any term
or condition of this Policy, then where permitted by law, the Insurer shall apply those terms and conditions of either the amendatory
endorsement or the Policy which are more favorable to the Insured.
All other terms and conditions of this Policy remain unchanged.
EKI-848 (05/09) Page 1 of 1
Scottsdale Indemnity Company
Attached To And
Forming Part of
Policy Number
EKI3196156
Endorsement Effective
Date (12:01 A.M.
Standard Time)
0801/2016
Named Insured
Weld County Housing Authority
Endorsement No.
26
Agent No.
29406
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TOLLING OR WAIVING THE STATUTE OF LIMITATIONS
This endorsement modifies insurance provided under the following:
INSURED PERSON AND ORGANIZATION COVERAGE SECTION
The following is added to Section B., DEFINITIONS, subsection 1.
f. a written request received by the Insureds to toll or waive the statute of limitations regarding a potential Claim. Such
Claim shall be commenced by the receipt of such request.
All other terms and conditions of this Policy remain unchanged.
EKI-802 (01/09) Page 1 of 1
Scottsdale Indemnity Company
POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM INSURANCE COVERAGE
TERRORISM RISK INSURANCE ACT
Under the Terrorism Risk Insurance Act of 2002, as amended pursuant to the Terrorism Risk Insurance Program
Reauthorization Act of 2007, effective January 1, 2008 (the "Act"), you have a right to purchase insurance coverage for
losses arising out of acts of terrorism, as defined in Section 102(1) of the Act: The term "certified acts of terrorism" means
any act that is certified by the Secretary of the Treasury - in concurrence with the Secretary of State, and the Attorney
General of the United States - to be an act of terrorism; to be a violent act or an act that is dangerous to human life,
property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case
of certain air carriers or vessels or the premises of a United States mission; to have been committed by an individual or
individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the
conduct of the United States Government by coercion.
You should know that where coverage is provided by this policy for losses resulting from "certified acts of terrorism," such
losses may be partially reimbursed by the United States Government under a formula established by federal law.
However, your policy may contain other exclusions which might affect your coverage, such as an exclusion for nuclear
events. Under the formula, the United States Government generally reimburses 85% of covered terrorism losses
exceeding the statutorily established deductible paid by the insurance company providing the coverage. The premium
charged for this coverage is provided below and does not include any charges for the portion of loss that may be covered
by the Federal Government under the Act.
You should also know that the Act, as amended, contains a $100 Billion Cap that limits United States Government
reimbursement as well as insurers' Liability for losses resulting from "certified acts of terrorism" when the amount of such
losses in any one calendar year exceeds $100 billion. If the aggregate insured losses for all insurers exceed $100 billion,
your coverage may be reduced.
CONDITIONAL TERRORISM COVERAGE
The federal Terrorism Risk Insurance Program Reauthorization Act of 2007 is scheduled to terminate at the end of
December 31, 2014, unless renewed, extended or otherwise continued by the federal government. Should you select
Terrorism Coverage provided under the Act and the Act is terminated December 31, 2014, any terrorism coverage as
defined by the Act provided in the policy will also terminate.
IN ACCORDANCE WITH THE ACT, YOU MUST CHOOSE TO SELECT OR REJECT COVERAGE FOR "CERTIFIED ACTS OF
TERRORISM" BELOW:
X
I hereby elect to purchase certified terrorism coverage for a premium of $27.00. I understand that the
federal Terrorism Risk Insurance Program Reauthorization Act of 2007 may terminate on December 31,
2014. Should that occur my coverage for terrorism as defined by the Act will also terminate.
I hereby reject the purchase of certified terrorism coverage.
Policyholder / Applicant's Signature*
Print Name*
Weld County Housing Authority
Named Insured / Firm
EKI3196156
Policy Number, if available
Date*
'If rejected, signature required & completed form must be faxed to E -Risk Services @ (973) 252-5146. Please contact your broker with any questions.
NOTI0164CW (1-08)
Page 1 of 1
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