HomeMy WebLinkAbout780516.tiff UNITED FIRE&CASUALTY COMPANY O UNITED LIFE INSURANCE COMPANY
118 Second Avenue, S.E., Cedar Rapids, Iowa 52407 Phone (319)399-5700
P.O. Box 850
Westminster, Colorado 80030
Phone: 303-428-8591
December 19, 1978
Board of County Commissioners
County of Weld
P.O. Box 758
Greeley, Colorado 80631
RE: Policy # 28-005-740
Claim # 05-09931
Insured: Board of County Commissioners
County of Weld
Claimant: Marvin D. Kremer & E. Diane Kremer
Civil Action # 30229
Dear Sirs:
We are in receipt of the suit papers relating to the above captioned
matter. A very careful review of the allegations against the County
of Weld and the Department of Building Inspection of the County of
Weld has been made. We find in our review that the claims for relief
against the County of Weld and the Department of Building Inspection
of the County of Weld are not proper matters to be addressed by our
policy of insurance.
The allegations contained in the First Claims for Relief infer that
due to negligent acts of the County of Weld and the Department of
Building Inspection of the County of Weld the plaintiff sustained
property damage. Property damage is specifically excluded under
the policy in Exclusion "D" .
The Second Claims for Relief ascribes to intentional malicious acts
by the County of Weld or the Department of Building Inspection of
the County of Weld in the form of outrageous conduct. The policy
excludes such intentional acts under Exclusion "A" .
��"13
780516
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Board of County Commissioners
Page 2
December 19, 1978
Due to the above listed and explained reasons, and due to the
failure of the County of Weld to comply with the conditions of the
policy regarding notice of claim or suit, we shall be unable to
provide converage or defense for the County of Weld or the Department
of Building Inspection of the County of Weld.
Enclosed you will find a sample of the policy of insurance issued to
the County of Weld. Should you have any questions , please feel free
to contact me.
Very truly yours,
c adazp,-/-mfe
Ron Vittengl
Claims Department
RV:du
Enclosure
WEI.I CEIT1 CMMWSSIINER rr.. .;, a� �
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GREELEY. COLO.
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LINI'1'EU FIRE&CtiSUALi'Y COMF'fANI'❑CEDAR RAPIDS,IO\U\
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Public Officials Errors and
Omissions Insurance
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GNITEDFIRE&CASUALF\ comi\Nti'Dc:FDAI \PII)5,K)\\ \
FIRE INLAND MARINE AUTOMOBILE LIABILITY WORKMEN'S COMPENSATION
AUTOMOBILE PHYSICAL DAMAGE COMPREHENSIVE GENERAL LIABILITY
FARMER'S COMPREHENSIVE PERSONAL LIABILITY COMPREHENSIVE PERSONAL LIABILITY
COMPREHENSIVE AUTOMOBILE FIDELITY Cr SURETY BONDS BURGLARY INSURANCE
GENERAL LIABILITY PLATE GLASS
READ CAREFULLY THE TERMS AND
CONDITIONS OF THIS POLICY
CONSULT YOUR AGENT FOR FULL INFORMATION
UNITED FIRE & CASUALTY COMPANY 7)
IA smock company. herein called the company)
In consideration of the payment of the premium, in reliance upon the statements in the
declarations made a part hereof and subject to the limits of liability, exclusions,
conditions and other terms of this policy, agrees with the insured named in the declar-
ations as follows:
INSURING AGREEMENTS
I . COVERAGE. To pay on behalf of the Insured all sums which the Insured shall be-
come legally obligated to pay on account of any claim made against the Insured
except as hereinafter limited and caused by any negligent act, error or omission
of the Insured or any other person for whose acts the Insured is legally liable
in the conduct of his duties as the public official holding the office shown in
the Declarations.
II . DEDUCTIBLE - CLAIMS . It is agreed that in the event of a claim the deductible
amount shown above shall be deducted from the total amount resulting from each
claim, and the Company shall be liable only for the difference between such de-
ductible amount and the amount of insurance otherwise applicable to each claim.
Such deductible amount shall not apply to the Coverage provided under Insuring
Agreement III.
It is further understood and agreed that in event of any claim irrespective of
the amount, notice thereof shall be given by or on behalf of the Insured to the
Company, or any of its authorized agents, in accordance with the terms of the
Policy and the Company may at its option, investigate such claim or negotiate
or settle any such claim, and the Insured agrees, if the Company undertakes to
negotiate or settle any such claim, to join the Company in such negotiation or
settlement to the extent of the amount to be deducted as herein provided, or to
reimburse the Company for such deductible amount, if and when such claim is paid
by the Company.
III . DEFENSE, SETTLEMENT, SUPPLEMENTARY PAYMENTS . As respects such insurance as is
afforded by the other terms of the Policy, the Company shall , provided the
policy limit for the policy year involved has not been exhausted:
(A) Defend in his name and behalf any suit against the Insured alleging such
, negligent act, error or omission and seeking damages on account thereof ,
even if such suit is groundless, false or fraudulent; but the Company shall
have the right to make such investigation and negotiation of any claim or
suit as may be deemed expedient by the Company;
(B) Pay all premiums on bonds to release attachments for an amount not in excess
of the applicable Limit of Liability of this Policy, all premiums en appeal
bonds required in any such defended suit , but without any obligation to
apply for or furnish such bonds , all costs taxed against the Insured in any
such suit, all expenses incurred by the Company, all interest accruing after
entry of judgment until the Company has paid, tendered or deposited in court
such part of such judgment as does not exceed the Limit of the Company's
Liability thereon;
(C) Reimburse the Insured for all reasonable expenses, other than loss of
earnings, incurred at the Company's request;
(D) The Company agrees to pay the amounts incurred under this Insuring Agreement , ;,`
except settlements of claims and suits, in addition to the applicable Limit
of Liability of this Policy.
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IV. POLICY PERIOD, TERRITORY. This Policy applies to claims made, suits brought or
any other legal action commenced during the Policy Period within the United
States of America, its territories or possessions, resulting from negligent acts ,
errors or omissions of the Insured.
V. DEFINITION OF "INSURED". The unqualified word "Insured" wherever used, includes
not only the named Insured but also any legally appointed deputy or employee
thereof while acting within the scope of his duties.
EXCLUSIONS
THIS POLICY DOES NOT APPLY :
(A) To any dishonest, fraudulent, criminal or malicious act of the Insured or of
any employee of the Insured;
(B) To libel, slander, defamation of character, assault or battery;
(C) To false arrest, detention or imprisonment or malicious prosecution;
(D) To bodily injury to or sickness, disease or death of any person, or to
injury to or destruction of any tangible property including loss of use
thereof;
(E) To claims based upon or arising out of any opinion or title on real estate
rendered or furnished by the Insured;
(F) To any loss sustained by the Insured as the beneficiary or distributee of
any trust or estate;
(G) To liability for his acts or omissions of a professional nature other than
those arising out of his duties as the public official described in the
Declarations of this policy.
(H) To liability for any loss caused intentionally by or at the direction of
the Insured;
(I) To liability in connection with any claim made against the Insured based on
or attributable to any failure or omission on the part of the Insured to
effect or maintain insurance.
CONDITIONS
1. LIMIT OF LIABILITY
(A) The liability of the Company. for each claim shall be only for the amount of
loss that is in excess of the deductible amount stated in the Declarations;
(B) The aggregate limit of liability stated in the Declarations is the Limit of
the Company's Liability for all damages occurring during any one Policy year
arising out of negligent acts , errors or omissions of the Insured.
2. NOTICE OF CLAIM OR SUIT . As soon as practicable notice must be given the Company
on Insured receiving information as to his alleged negligent act, error or omissio
with full particulars of any claim arising therefrom. If suit is brought the
Insured must immediately forward to the Company every summons or other process
received by him.
n 3. ASSISTANCE AND COOPERATION of THE INSURED. The Insured shall cooperate with the
V Company and, upon the Company' s request shall attend hearings and trials and shall
assist in effecting settlements, securing and giving evidence, obtaining the
attendance of witnesses and in the conduct of suits. The Insured shall not, ex-
cept at his own cost, voluntarily make any payment, assume any obligation or incur
any expense.
4. ACTION AGAINST COMPANY . No action shall lie against the Company unless, as a con-
dition precedent thereto, the Insured shall have fully complied with all the terms
of thin policy, nor until the amount of the Insured's obligation to pay shall have
been finally determined either by judgment against the Insured after actual trial
or by written agreement of the Insured, the Claimant and the Company.
Any person or organization or the legal representative thereof who has secured such
judgment or written agreement shall thereafter be entitled to recover under this
policy to the extent of the insurance afforded by this policy. Nothing contained
in the Policy shall give any person or organization any right to join the Company
as a co-defendant in any action against the Insured to determine the Insured's
Liability.
Bankruptcy or insolvency of the Insured or of the Insured' s estate shall not re-
lieve the Company of any of its obligations hereunder.
5. OTHER INSURANCE. If the Insured or the political subdivision of which he is an
official has any other insurance against a loss covered by this Policy the insur-
ance provided by this Policy shall be excess over all other valid and collectible
insurance.
6. SUBROGATION. In the event of any payment under this Policy, the Company shall be
subrogated to all the Insured's rights of recovery therefor against any person or
organization and the Insured shall execute and deliver instruments and papers and
do whatever else is necessary to secure such rights. The Insured shall do nothing
after loss to prejudice such rights.
7. CHANGES . Notice to any agent or knowledge possessed by any agent or by any other
person shall not effect a waiver or a change in any part of this Policy or stop the
Company from asserting any right under the terms of this Policy; nor shall the
terms of this Policy be waived or changed, except by endorsement issued to form a
part of this Policy, signed by the President, Vice President, or Secretary of the
Company.
8. NON ASSIGNABLE. The interest of the Insured under this Policy shall not be assign-
able to any other person.
9. CANCELLATION. This Policy may be canceled by the Named Insured by 'surrender there-
of to the Company or any of its authorized agents, or by mailing to the Company
written notice stating when thereafter the cancellation shall be effective. The
mailing of notice as aforesaid shall be sufficient proof of notice. The time of
surrender, or the effective date and hour of cancellation stated in the notice
shall become the end of the policy period. Delivery of such written notice either
by the Named Insured or by the Company shall be equivalent to mailing.
If the Named Insured cancels, earned premium shall be computed in accordance with
the customary short rate table and procedure. If the Company cancels, earned
premium shall be computed pro-rata. In either event, if at the time of cancel-
lation the aggregate limit of liability for the policy year involved has been ex-
hausted, the entire premium shall be considered earned. Premium adjustments may
be made either at the time cancellation is effected of as soon as practicable after
cancellation becomes effective, but payment or tender of unearned premium is not a
condition of cancellation.
10. SEVERABILITY OF INTEREST CLAUSE . The insurance afforded under this Policy applies
separately to each insured against whom claim is made or suit is brought, but the
inclusion herein of more than one insured shall not operate to increase the limit
of liability stated in the Declarations for this Policy.
11. TERMS OF POLICY CONFORMED TO STATUTE . Terms of this Policy which are in conflict
with the statutes of the State wherein this Policy is issued are hereby amended to
conform to such statutes.
12. APPLICATION. By acceptance of this Policy the Insured agrees that the statements
in the Application are his representations, that this Policy is issued in reliance
upon the truth of such representations and that this Policy embodies all agreements
existing between himself and the Company or any of its agents relating to this
insurance.
IN WITNESS WHEREOF, the UNITED FIRE E CASUALTY COMPANY has caused this Policy to be
signed by its President and Secretary at Cedar Rapids, Iowa, and countersigned on the
Declarations page by a duly authorized agent of the Company.
hat .riY/l �
Secretary
• �resiAcnl
EO-100-1 5-72
UNITED FIRE & CASUALTY COMPANY ❑ CEDAR RAPIDS, IOWA
A STOCK COMPANY
Public Officials Errors and Omissions Policy Declarations
28-
Renewal of :
Agent' s Name:
Agent' s Code:
1
Item 1. Name and Address of Insured:
Item 2. Occupation of Insured:
Item 3 . Policy Period: From to
12 : 01 A.M. , Standard Time, at the address of the Insured
as stated herein.
Item 5. Limits of Liability:
$ Each Clad
$ Aggregate
Item 6. Deductible Amount:
Item 7. Premium:
$ at inception
Authorized Representative
(
Countersignature Date
EO-100-la (11-73) Countersigned At
. ttaRS & OMISSIONS INSURANCE
BLANKET COVERAGE
It is understood and agreed that the Insured shall include:
(1) any duly elected or appointed officer of the County named
in the declarations;
(2) his legally appointed deputies and employees;
(3) the officials and employees ofduly constituted County
Boards;
while acting within the scope of their 'duties, as such..:
All other terms, conditions, limitations and agreements`, of the policy
remain unchanged. j
This endorsement is executed by UNITED FIRE & CASUALTY COMPANY of
Cedar Rapids, Iowa.
flaw it/ Glint;t"td.•
Secretary Pres ent
UND-3071e (11-68) //
DEFINITION OF INSURED Agent
CITY ERRORS & OMISSIONS INSURANCE
The unqualified word "insured" includes the named insured and:
(1) all duly elected or appointed officers of the named insured;
(2) their legally appointed deputies and employees; and
(3) the officers and employees of duly constituted Boards or Commissions
but this policy does not apply with respect to the following Boards
or Commissions or their officers or employees :
(a) school ;
(b) airport;
(c) hospital; or ' ,
(d) municipally owned gas pr electric utilities.
All other terms, conditions, limitation and agreements of,'the poli
cy cy remain unchanged
This endorsement forma a part of Policy No. issued to
by UNITED FIRE & CASUALTY COMPANY of Cedar Rapids, Iowa, and is effective from
19____, 12001 A.M. standard time.
UNITED FIRE & CASUALTY COMPANY
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,fr..
Secretary
UND-3 0 6 9 e Authorized Representative
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