Colorado Counties Casualty and Property Pool

Transcription

1 Colorado Counties Casualty and Property Pool 2013 Excess Liability Policy One Beacon Summaries are brief outlines of the coverages afforded under the insurance policies. Since summaries are for informational purposes only, they should not be construed to constitute the entire insurance contracts. As the policies may contain additional coverages and restrictions, the exact wording should be consulted. Brief Summary of Liability Deductibles This information is provided to present counties with a simple overview of county deductibles in the pool. It does not provide information on limits. The pool insuring agreements contain actual coverages and limits. The county has $0 deductible for liability claims* The pool pays the first $250,000 of each claim CAPP s excess insurance carrier pays the next $10 million per claim *Generally, there is no deductible on liability claims. The board and membership have adopted deductibles for certain types of claims. Information on these claims is contained in the CAPP Operations Manual. Liability claims subject to a county deductible: Claim type County Deductible Employment Termination $10,000 Inverse Condemnation $125,000 Regulatory Taking Herbicide and Pesticide $2,500 Operations Lawyer s Professional $500 Liability

2 Colorado Counties Casualty and Property Pool c/o CTSI 800 Grant Street, Ste 400 Denver, CO Current Schedule of Insurance Policy Period: January 1, 2013 to January 1, 2014 Date Prepared: March 6, 2013 Prepared by: Arthur J. Gallagher Risk Management Services, Inc South Fiddlers Green Circle, Suite 200 Greenwood Village, CO (Fax) IMPORTANT: This summary is an outline of the coverages by the insurers. It does not include all the terms, coverages, exclusions, limitations, and conditions of the actual contract language. The policies themselves must be read for those details.

3 Named Insured Schedule (as of 1/1/2013) Colorado Counties Casualty and Property Pool including the following members: Alamosa Gilpin Otero Archuleta Grand Ouray Baca Gunnison Park Bent Hinsdale Phillips Chaffee Huerfano Prowers Cheyenne Jackson Pueblo Clear Creek Kiowa Rio Blanco Conejos Kit Carson Rio Grande Costilla Lake Routt Crowley La Plata Saguache Custer Las Animas San Juan Delta Lincoln San Miguel Dolores Logan Sedgwick Eagle Mineral Summit Elbert Moffat Teller Fremont Montrose Washington Garfield Morgan Weld Yuma

4 Excess Property - Lexington (Continued) Claims Reporting Instructions: CTSI as Claims Administrator for CAPP is to report claims when claim reaches 50% of the Deductible or if a serious catastrophic claim such as fire, flood, earthquake, etc. Claims are to be reported to: Lexington Insurance Company C/o AIG Domestic Claims, Unit II 101 Hudson Street, 20 th Floor Jersey City, NJ Easylink Fax: Main Fax: Alternate Fax: Parsippanycommercialproperty@AIG.com Copies of any claims are also to be sent to: Arthur J. Gallagher Risk Management Services, Inc S. Fiddler s Green Circle, Ste 200 Greenwood Village, CO Att: Kendall Trump Voice Mail: Direct kendall_trump@ajg.com Claims AJGDenverClaims@ajg.com Claims Fax Number:

5 Excess Liability Atlantic Specialty Insurance Co. (Claims Made Form) Carrier: Atlantic Specialty Insurance Company (OneBeacon) Policy Number: Policy Period: January 1, 2013 to January 1, 2014 Limits: Amounts Coverages $ 10,000,000 Auto Liability, Each Occurrence $ 10,000 Auto Medical Payments. Each Person $ 10,000,000 Personal Injury, Property Damage (Includes Law Enforcement and EMTs) $ 10,000 Premises Medial Payments, Each Person $ 1,000,000 Sewer Backup $ 10,000,000 Public Officials Errors and Omissions $ 10,000,000 Employee Benefit Liability Aggregate Limits of Coverage (Apply Separately to CAPP and for each Participating Member County (PMC)): Amounts Coverages $ 10,000,000 In any One Policy Year, Personal Injury, Property Damage $ 10,000,000 In any One Policy Year, Products/Completed Operations $ 10,000,000 In any One Policy Year, Public Officials Liability Errors and Omissions $ 10,000,000 In any One Policy Year, Employee Benefit Liability Self Insured Retention (SIR): Amounts Coverages $ 250,000 Each Occurrence or Wrongful Act (includes Defense Costs) $ 6,000,000 In any One Policy Year. This aggregate does not include any amounts payable by a PMC for any Occurrence or Wrongful Act as outlined in such County s Agreement for Partially Self-Funded Program issued by CAPP as follows: SIR is not eroded by the first $75,000 of loss and loss expense for Summit County SIR is not eroded by the first $125,000 of loss and loss expense for Eagle, Pueblo, and Weld Counties SIR aggregate is also not eroded by the loss and loss expense for $10,000 ETR deductible loses

6 Excess Liability Atlantic Specialty (Continued) (Claims Made Form) Coverages Included: Premises and Operations Products/Completed Operations Law Enforcement Liability Employee Benefit Liability Public Officials Errors and Omissions Retroactive Dates: July 1, 1986 except for the following Counties: Cheyenne County: 2/16/1987 Delta County: 7/1/1998 Fremont County: 7/1/1987 Grand County: 7/1/1987 Lake County: 7/1/1987 Montrose County: 7/1/1987 Weld County: 1/15/1986 Custer County (LEL Personal injury and Property Damage only): 1/1/1997 Defense Provisions: Defense Costs are included in the SIR Defense Costs are in addition to the Limits of Liability Definition of Claim: Means any formal or written demand or Suit for monetary relief, against an Insured, or circumstances from which a Named Insured reasonably believes a formal or written demand for monetary relief will be forthcoming, but only if a Named Insured becomes aware of such during the policy period and written notice is provided to the Company during the policy period or no later than sixty (60) days following non-renewal or cancellation

7 Excess Liability Atlantic Specialty (Continued) (Claims Made Form) Extended Reporting Provisions: Extended Reporting Period (ERP) is available in the event of Cancellation or Non- Renewal of Policy. Available upon payment of additional premium of not more than 200% of the total expiring premium If additional premium paid when due, the Company will treat a claim as if made on the expiration date of the policy for a period of 35 months, but any such claim must arise from an Occurrence prior to the date on which the Extended Reporting Period commenced and after the Retroactive Date The First Named Insured must make a written request for an Extended Reporting Period within 30 days after the expiration of the policy period and pay the additional premium within 30 days after said request. ERP will not take effect unless the additional premium is paid when due. If that premium is paid when due, the endorsement may not be cancelled. The ERP will not reinstate or increase the Limits of Liability or extend the policy period. Coverage Form: CAPP Manuscript Policy Form Claims-Made Coverage Form Terms/Conditions: 2 nd Year of Three Rate Guarantee Endorsement 60% of qualifying losses Health Care Professional Services Coverage for any Insured who is NOT a medical doctor, psychologist, physiotherapist or nurse practitioner. Coverage is provided for administrative duties performed by a medical doctor, psychologist, psychotherapist or nurse practitioner in the scope of their duties. Cross Liability Provision Non-Owned Watercraft Liability (Under 26 Feet in Length) Other Insurance Clause excess over SIR, excess over any other valid and collectible insurance 90 days Notice of Cancellation or Termination of Policy Non-Waiver of Governmental Immunity Bankruptcy and Insolvency Clause Action Against the Company Clause Maintenance of Retained Limit Clause Blanket Additional Insured Designated Person or Organization Blanket as required by Certificates of Insurance issued by Gallagher Cancellation Notice by Agent Endorsement

8 Excess Liability Atlantic Specialty (Continued) (Claims Made Form) Coverage Territory: United States of America (including its territories and possessions), Puerto Rico and Canada International waters or airspace, but only if the injury of damage occurs in the course of travel or transportation between any places included above All other parts of the world if the injury or damages arise out of 1) goods or products made or sold by you in the territory described above; 2) the activities of any person whose home is in the territory described above, but is away for a short time on your business; or 3) personal and advertising injury offenses that take place through the internet or similar electronic means of communication provided the Insured s responsibility to pay damages is determined in a suite on the merits in the territory described above or a settlement the carrier agrees to Exclusions Include but are not Limited to: Terrorism Sexual Advances claims arising out of advances involving intentional physical contact, whether consensual or not. Exclusion applies only to any person who has made any sexual advances involving intentional physical contact or who knowingly participated in such contact by another Eminent Domain Airport, Airfield, Hangar or Terminal Activities in a fiduciary capacity Workers Compensation, Employers Liability Operation of Housing Authorities, Port Authorities, School Boards or Railroad Boards Uninsured Motorists Nuclear Asbestos, Mold, other Fungi or Bacteria (except where noted in policy form) Pollution (except where noted in policy form) Breach of Contract (except where noted in policy form) Minimum Earned Premium: 25% Audit Terms: Non-Auditable

9 Excess Liability Atlantic Specialty (Continued) (Claims Made Form) Claims Reporting Instructions: In the event of an Occurrence reasonably likely to involve the Company, written notice containing particulars sufficient to identify the insured and other information with respect to the time place, and circumstances thereof, CTSI as Claims Administrator shall provide written notice to the Company as soon as practicable. CTSI shall provide to the Company as soon practicable, following notice the Company for all claims which involve: Death Brain Damage Paraplegic or quadriplegic impairment Loss of eyesight Third degree burns Traumatic loss of or surgical amputation of a limb A serious case where, in the judgment of the Insured or its defense counsel, reserves exceed $125,000 Claims are to be reported to: OneBeacon Governmental Risks 8000 IH 10 West, Ste 1045 San Antonio, RTX OBGRClaims@OneBeacon.com Fax: And to: Arthur J. Gallagher Risk Management Services, Inc S. Fiddler s Green Circle, Ste 200 Greenwood Village, CO Att: Kendall Trump Voice Mail: Direct kendall_trump@ajg.com Claims AJGDenverClaims@ajg.com Claims Fax Number:

10 Atlantic Specialty Insurance Company 1 Beacon Lane Canton, Massachusetts For Government Risks Common Policy Declarations Named Insured and Mailing Address Policy Number Colorado Counties Casualty and Property Pool Suite Grant Street Denver, CO In return for the payment of the premium, and subject to all terms of this policy, we agree with you to provide the insurance as stated in this policy. Policy Period: from to at 12:01 A.M. Standard Time at your mailing address shown above. Exception: 12 Noon in New Hampshire The Named Insured is a(n):public Entity Business Description: County Government Insurance Pool Producer: Arthur J. Gallagher Risk Management Services, Inc S. Fiddler's Green Cir., Suite 200 Greenwood Village, CO Total Premium: $1,839,853 Forms applicable to all Coverage Parts: See ASC 00 11, Schedule 2 4 VIL COMMON POLICY DECLARATIONS Copyright 2005, OneBeacon Insurance Group CAPP 2013 Excess Liability Policy 1 of 41

11 In witness whereof, we have issued this policy, signed by the President and Secretary, but it shall not be valid unless countersigned by our duly authorized representative. Secretary President Countersigned Authorized Representative Date 4 VIL COMMON POLICY DECLARATIONS Copyright 2005, OneBeacon Insurance Group CAPP 2013 Excess Liability Policy 2 of 41

12 Named Insured: Colorado Counties Casualty and Property Pool Suite Grant Street Denver, CO COMMON POLICY DECLARATIONS PREMIUM STATEMENT Policy Number: Producer: Arthur J. Gallagher Risk Management Services, Inc. Premium Statement for the period from to This policy consists of the following coverage parts for which a premium is indicated. This premium may be subject to adjustment. COVERAGE SECTION PREMIUM At inception 1st Anniversary 2nd Anniversary LIABILITY COVERAGE $1,839,853 FLAT CHARGE NOT SUBJECT TO ADJUSTMENT ASC Copyright 1998, OneBeacon Insurance Group PREMIUM STATEMENT CAPP 2013 Excess Liability Policy 3 of 41

13 Policy Number: for Government Risks LIABILITY COVERAGE PART DECLARATIONS Limits of Insurance Coverage AUTOMOBILE LIABILITY $10,000,000 Each Occurrence AUTOMOBILE MEDICAL PAYMENTS $10,000 Each Person PERSONAL INJURY AND PROPERTY DAMAGE $10,000,000 Each Occurrence PREMISES MEDICAL PAYMENTS $10,000 Each Person SEWER BACK-UP $1,000,000 Each Occurrence PERSONAL INJURY AND PROPERTY DAMAGE $10,000,000 Aggregate Any One Policy Year PRODUCTS AND COMPLETED OPERATIONS $10,000,000 Aggregate Any One Policy Year PUBLIC OFFICIALS ERRORS & OMISSIONS LIABILIITY $10,000,000 Each Wrongful Act PUBLIC OFFICIALS ERRORS & OMISSIONS LIABILIITY $10,000,000 Aggregate Any One Policy Year EMPLOYEE BENEFIT ADMINISTRATION $10,000,000 Each Wrongful Act EMPLOYEE BENEFIT ADMINISTRATION $10,000,000 Aggregate Any One Policy Year Self-Insured Retention ALL COVERAGE $250,000 Each Occurrence or Wrongful Act Retroactive Date $6,000,000 Aggregate Any One Policy Year ALL PARTICIPATING MEMBER COUNTIES, July 1, 1986 EXCEPTIONS PER POLICY CHANGE 1 APPLY GRSGL Copyright 2007, OneBeacon Insurance Group LIABILITY DECLARATIONS Page 1 of 1 CAPP 2013 Excess Liability Policy 4 of 41

14 SPECIAL EXCESS LIABILITY POLICY FOR COLORADO COUNTIES CASUALTY AND PROPERTY POOL THIS IS A CLAIMS MADE FORM. READ YOUR POLICY CAREFULLY. Certain provisions in this policy restrict coverage. Read the entire policy carefully to determine your rights and duties and what is not covered. In consideration of the payment of the premium, and 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, the Company agrees with Named Insureds as follows: INSURING AGREEMENT A. The Company will indemnify the Insureds that portion of the Ultimate Net Loss in excess of the Retained Amount, which the Insureds shall become legally obligated to pay as damages (excluding all fines, penalties, punitive or exemplary damages) because of Automobile Liability, Personal Injury, Property Damage, or Public Officials Errors and Omissions Liability caused by an Occurrence or Wrongful Act to which this insurance applies. B. This insurance applies to Automobile Liability, Personal Injury, Property Damage or Public Officials Errors and Omissions Liability only if a claim for such damages: (1) is first made against an Insured during the policy period and written notice of such claim is received by a Named Insured, or the Company whichever comes first, AND (2) is attributable to an Occurrence or Wrongful Act which occurred on or after the Retroactive Date shown in the Declarations. C. This insurance also applies to Automobile Medical Payments and Premises Medical Payments, as defined in this policy, subject to the limits of coverage, exclusions, and other terms and conditions. D. All claims for damages because of Automobile Liability, Personal Injury and Public Officials Errors and Omission Liability to the same person, (including damages claimed by any person or organization for care, loss of consortium, loss of services or death resulting at any time) will be deemed to have been made at the time the first of those claims is made against an Insured. E. All claims for damages because of Property Damage causing loss to the same person or organization as a result of an Occurrence will be deemed to have been made at the time the first of those claims is made against an Insured. DEFENSE COSTS The Company shall have the right and opportunity, but not the obligation, to be associated with the Named Insureds in the defense of any claims made, suits brought, or proceedings instituted which are or may be covered under this policy, and the Named Insureds and Company shall cooperate to the fullest extent possible. If the Company avails itself of the opportunity to be associated in the defense, it shall do so at its own expense. Defense Costs are part of the Insureds' retained limit, and any payment of amounts incurred for defense will serve to reduce the Insured's self-insured retention as specified in the Declarations. CAPPL Rev Page 1 of 23 CAPP 2013 Excess Liability Policy 5 of 41

15 However, Defense Costs are in addition to the limits of coverage, and any payment of amounts incurred for defense do not reduce the limits of liability or aggregate limits of coverage. LIMITS OF COVERAGE AND SELF-INSURED RETENTION Regardless of the number of (1) Insureds under this policy, (2) persons or organizations who sustain injury or damage, or (3) claims made or suits brought on account of Automobile Liability, Personal Injury, Property Damage or Public Officials Errors and Omissions the Company's liability is limited as follows: A. Self-Insured Retention (1) The each Occurrence or Wrongful Act self-insured retention shown in the Declarations is the amount the Named Insureds are responsible for, including Defense Costs, in any one Occurrence and/or Wrongful Act, before the limits of coverage will apply. (2) The aggregate self-insured retention shown in the Declarations is the total amount the Named Insureds are responsible for, including defense costs, for all retained amounts in any one policy year. B. (1) Automobile Liability - The Company's liability shall be only for the Ultimate Net Loss in excess of the Insureds' retained limit, and shall not exceed the amount specified in the Declarations as the result of anyone Occurrence. (2) Automobile Medical Payments - The limit of liability is included in the Self- Insured Retention. C. (1) Personal Injury and Property Damage - The Company's liability shall be only for the Ultimate Net Loss in excess of the Insureds' retained limit, and shall not exceed the amount specified in the Declarations as the result of any one Occurrence. However, the Company s liability for Ultimate Net Loss is further limited by the following: (a) (b) Premises Medical Payments- The limit of liability is included in the Self- Insured Retention. Sewer Back-Up -The Company's liability shall be only for the Ultimate Net Loss in excess of the Insured's retained limit for personal injury and property damage that results from the back-up of sewage into a building from any sewage facility or sanitary sewer that an Insured owns, operates or maintains, and shall not exceed the sublimit specified in the Declarations as the result of anyone Occurrence. D. Public Official's Errors and Omissions Liability- The Company's liability shall be only for the Ultimate Net Loss in excess of the Insureds' retained limit, and shall not exceed the amount specified in the Declarations as the result of anyone Wrongful Act. E. Aggregate Limits of Liability - This policy is subject to aggregate limits of liability as stated in the Declarations. These aggregate limits of liability are the maximum amount that will be paid under this policy for all Occurrences or Wrongful Acts during the Policy Period applying separately to: (a) Personal Injury and Property Damage (b) Products and Completed Operations (c) Public Officials Errors and Omissions Liability These aggregates apply separately for each Named Insured. The aggregates do not apply to Automobile Liability. CAPPL Rev Page 2 of 23 CAPP 2013 Excess Liability Policy 6 of 41

16 For the purpose of determining the limit of the Company's liability, all Automobile Liability, Personal Injury or Property Damage claims arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one Occurrence. In addition, all Public Officials Errors and Omissions taking place over more than one Policy Period insured by this Company shall be deemed to have taken place during the last Policy Period and only the Limit of Liability for that Policy Period shall apply. TERRITORY This policy applies to Automobile Liability, Personal Injury, Property Damage, or Public Officials Errors and Omissions Liability occurring in the Coverage Territory. PERSONS OR ENTITIES INSURED Each of the following is an Insured to the extent set forth below: (A) The Named Insured. The Named Insured includes the Named Insured stated in the Declarations and each Participating Member County (as scheduled in the Named Insured Endorsement). (B) Those individuals who were or now are elected or appointed officials of the Named Insureds, including members of their governing bodies or any other committees, trustees, boards or commissions of the Named Insureds; district attorneys, their assistants and staff while acting for or on behalf of district attorneys; agents, volunteers, and Useful Public Servants; all of the foregoing while acting for or on behalf of the Named Insureds. Exception: Members of the following boards or commissions are not Insureds: Housing Authorities, Port Authorities, School Boards, or Railroad Boards. (C) Past or present employees of a Named Insured while acting for or on behalf of a Named Insured. (D) Any person or organization as required by contract, but only for injury or damage that results from 1. premises owned, rented or leased by a Named Insured; 2. work done by a Named Insured; 3. any permitted user of autos the Named Insured is responsible for; or 4. any other obligations pursuant to an intergovernmental agreement entered into by a Named Insured. (E) Any person while using an automobile owned or hired by a Named Insured and any person or organization legally responsible for the user thereof, provided the actual use of the automobile is for or on behalf of a Named Insured and within the scope and permission thereof, and to include any official, trustee or employee of a Named Insured with respect to the use of non-owned automobiles in the business of a Named Insured. CAPPL Rev Page 3 of 23 CAPP 2013 Excess Liability Policy 7 of 41

17 This Policy with respect to any person or organization other than a Named Insured does not apply: 1. to any person or organization or to any agent or employee thereof, operating an automobile sales agency, repair shop, service station, storage garage or public parking place, with respect to any accident arising out of the operation thereof; 2. to any employee of a Named Insured with respect to Bodily Injury to another employee of the same Named Insured injured in the course of such employment in an accident arising out of the maintenance or use of an automobile in the business of such employer; 3. with respect to any hired automobile, to the owner or a lessee thereof, other than a Named Insured, nor to any agent or employee of such owner or lessee. This policy does not apply to: EXCLUSIONS (A) Workers Compensation To any obligation for which an Insured or any carrier as the insurer for an Insured maybe held liable under any worker's compensation, occupational disease, unemployment compensation or disability benefits law, or under any similar law. (B) Property In a Named Insured's Care, Custody or Control To any liability for Property Damage to: (1) Real Property occupied by or leased to a Named Insured, its agents or subcontractors; or (2) Real or Personal Property in a Named Insured's its agent's or subcontractor's care, custody or control or as to which a Named Insured, its agents or subcontractors is for any purpose exercising control, unless no other valid and collectible insurance is available to Named Insured. (C) Contract Liability Limitations As respects liability assumed by a Named Insured under any contract: (1) To any claim, judgment or agreement from any binding arbitration proceeding wherein the Company is not entitled to exercise with the Named Insureds their rights in the choice of arbitrators, and in the conduct of such proceedings; (2) If the Indemnitee of the Named Insured is an architect, engineer or surveyor, to the liability of the Indemnitee, his/her agents or employees, arising out of; (a) The preparation or approval of contracts, maps, plans, drawings, opinions, reports, tests, surveys, change orders, designs or specifications, or; (b) The giving or the failure to give directions or instructions by the Indemnitee, his agents or employees, provided such giving or failure to give is the primary cause of Personal Injury or Property Damage. Except that (a) and (b) will not apply to resulting Personal Injury or Property Damage. CAPPL Rev Page 4 of 23 CAPP 2013 Excess Liability Policy 8 of 41

18 (D) Health Care Professional Services To any liability arising out of the performance of or failure to perform health care professional services This exclusion only applies to any Insured who is a medical doctor, psychologist, psychotherapist or nurse practitioner. However, this exclusion does not apply to administrative duties performed by a medical doctor, psychologist, psychotherapist or nurse practitioner in the scope of their duties. (E) Failure To Supply The liability arising out of the failure to supply a specific amount of electrical power, fuel or water or to liability arising out of the interruption of the electrical power, fuel or water supply. However, this exclusion does not apply if the failure to supply results from accidental damage to tangible property owned or used by any Insured to obtain, produce, process, or transmit such service. (F) Nuclear Energy Liability To Automobile Liability, Personal Injury, Property Damage, or Public Official's Liability: (1) (a) With respect to which an Insured is also an Insured under a nuclear energy policy issued by the Nuclear Energy Liability-Property Insurance Association, Mutual Atomic Energy Liability Underwriters of Nuclear Insurance Association of Canada, or would be an Insured under any such policy but for its termination upon exhaustion of its limit of liability; or (b) Resulting from the hazardous properties of nuclear material and with respect to which (i) any person or any organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, (ii) the Insured is, or had this policy not been available would, be, entitled to indemnity from the United States of America or any agency thereof, with any person or organization. (2) Under any liability coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if: (1) The nuclear material (i) is at any nuclear facility owned by the Insured or operated by the Insured or on the Insured's behalf, or (ii) has been discharged or dispensed therefrom; (2) The nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by the Insured or on the Insured's behalf; or (3) The injury, sickness, disease, death or destruction arises out of the furnishing by the Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operating or use of any nuclear facility, but if such facility is located within the United States of America, its territories or Canada, this exclusion (3) applies only to injury or Property Damage to such nuclear facility and any property threat. (3) As used in this exclusion: (1) "hazardous properties" includes radioactive, toxic or explosive properties; (2) "nuclear material" means source material, special nuclear material, or byproduct material; (3) "source material", special nuclear material" and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or any law amendatory thereof; CAPPL Rev Page 5 of 23 CAPP 2013 Excess Liability Policy 9 of 41

19 (4) "spent fuel" means any fuel element or fuel component, solid or liquid. which has been used or exposed to radiation in a nuclear reactor; (5) "waste" means any waste material (i) containing by-product other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material contents and (ii) resulting from the operation by any person or organization of a nuclear facility included within the definition of nuclear facility below; (6) "nuclear facility" means: (i) any nuclear reactor (ii) (iii) (iv) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging wastes; any equipment or device used for the processing, fabricating, or alloying of special nuclear material if at any time the total amount of such material in the Insured's custody at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; any structure, basin, excavation, premises or place prepared or used for storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. (7) "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction to contain a critical mass of fissionable material; (8) with respect to injury or to destruction of property, the world "injury" or "destruction" includes all forms of radioactive contamination of property. (G) Pollution Liability (1) Automobile Liability, Personal Injury, Property Damage or Public Officials Errors and Omissions arising directly or indirectly out of, or in any way related to the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of Pollutants: (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) Bodily Injury if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) Bodily Injury or Property Damage for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) Bodily Injury or Property Damage arising out of heat, smoke or fumes from a hostile fire; CAPPL Rev Page 6 of 23 CAPP 2013 Excess Liability Policy 10 of 41

20 (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) Bodily Injury or Property Damage arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, Pollutants. (2) Any loss, cost or expense arising directly or indirectly out of, or in any way related to any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Any Claim by or on behalf of a governmental authority because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, Pollutants. However, this paragraph does not apply to liability for damages because of Property Damage that the Insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim by or on behalf of a governmental authority. (3) This exclusion does not apply to Bodily Injury or Property Damage that results from: (a) chemicals used in sewage treatment, swimming pool maintenance, or water purification operations; or (b) natural gas or propane gas used in sewage treatment, swimming pool maintenance, or water purification operations. CAPPL Rev Page 7 of 23 CAPP 2013 Excess Liability Policy 11 of 41

21 Also, the Company will not apply this exclusion to Bodily Injury or Property Damage that results from the application or use of any Pollutants in the providing of: (a) Potable water supplied to others; or (b) Urgent response for the protection of property, human life, health or safety conducted away from premises owned by or rented to or regularly occupied by an Insured; or (c) Training operations by an Insured,; or (d) Water runoff from the cleaning of equipment used in an emergency service activity. (e) Fuels, lubricants, fluids, exhaust gases or similar Pollutants that are needed for or result from the normal electrical, hydraulic or mechanical functioning of a covered automobile and that escape, seep or migrate, or are discharged, dispersed or released, directly from a part of the covered automobile designed by its manufacturer to hold, store, receive or dispose of such Pollutants. (4) This exclusion does not apply to Bodily Injury or Property Damage to a building or its contents if such Bodily Injury or Property Damage is caused by the escape or backup of sewage or waste water from any sewage treatment facility or fixed conduit or piping owned, operated, leased, controlled or for which an Insured has the right of way, but only if Bodily Injury or Property Damage occurs away from land owned or leased by an Insured; and does not result from any corrosive or radioactive Pollutants in the sewage or waste water. (5) This exclusion does not apply to the application of any pesticide or herbicide by or for an Insured if such application or use meets all legal or license requirements of any governmental agency or authority which apply to it. Paragraphs (3) and (4) of this exclusion only apply if the discharge is accidental, unintended and stopped as soon as possible. The entirety of any discharge or series of related discharges will be deemed a single discharge regardless of the length of time over which the pollutants are released. The entirety of any discharge or series of related discharges will be deemed to have occurred at the date the earliest discharge commenced. Discharge as used in this exclusion includes dispersal, seepage, migration, release or escape. (H) Noise Pollution Liability To any claim or suit, or any obligation to defend any claims or suits, for Automobile Liability, Personal Injury, Property Damage, or Public Officials Errors and Omissions arising from complaints of noise pollution. "Noise pollution" includes loud or irritating sounds. CAPPL Rev Page 8 of 23 CAPP 2013 Excess Liability Policy 12 of 41

22 (I) Asbestos liability (1) To any liability for Automobile Liability, Personal Injury, Property Damage, Public Officials Errors and Omissions, occupational disease, or death at any time arising out of the manufacture of, mining of, use of, sale of, installation of, removal of distribution of or exposure to asbestos products, asbestos fibers or asbestos dust; or, (2) To any obligation of the Insured to indemnify any party because of damage arising out of such Automobile Liability, Personal Injury, Property Damage, Public Officials Errors and Omissions, occupational disease, or death, at any time as a result of the manufacture of mining of, use of, sale of, installation of, removal of, distribution of or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust; or (3) To any obligation to defend any suit or claim against the Insured alleging Automobile Liability, Personal Injury, or Property Damage, or Public Officials Errors and Omissions and seeking Damages, if such suit or claim arises from Personal Injury, or Property Damage, or Wrongful Acts, resulting or contributed to, by any and all manufacture of, mining of, use of, sales of, installation of, removal of, distribution of, or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust; (4) To any loss, cost, expense, fine or penalty arising out of any of the foregoing Items 1, 2, and 3. (J) ERISA As respects liability imposed upon an Insured (or which is imputed to an Insured) under the "Employee Retirement Income Security Act of 1974" and any law amendatory thereof; (K) Sexual Advances To claims arising out of advances involving intentional physical contact, whether consensual or not. This exclusion applies only to any person who has made any sexual advances involving intentional physical contact or who knowingly participated in such conduct by another. (L) Aircraft To liability arising out of the ownership, maintenance or use, including the loading or unloading of aircraft. However, this exclusion does not apply to aircraft that is not owned or chartered by an Insured if: (1) the aircraft is chartered with crew, including a pilot, not employed by the Insured; and (2) the Insured is not using the aircraft to carry persons or property for a charge. (M) Watercraft To liability arising out of the ownership, maintenance or use, including loading or unloading, of watercraft over 26 feet in length, but this exclusion only applies if said watercraft is used to carry persons for hire. (N) War To loss or damage or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, any weapon of war employing atomic fission or radioactive force whether in time of peace or war, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority unless such acts of destruction by order of civil authority is at the time of and for the purpose of preventing spread of fire. CAPPL Rev Page 9 of 23 CAPP 2013 Excess Liability Policy 13 of 41

23 (O) Known Occurrence or Wrongful Act To any claim or potential claim or Occurrence or Wrongful Act or circumstances for which a Named Insured has provided notice to any other insurance company before the policy period in the Declarations. (P) Prior Occurrence or Wrongful Act To any claim resulting from an Occurrence or Wrongful Act which occurred prior to the Retroactive Date in the Declarations. (Q) Advertising, Broadcasting, Publishing or Telecasting Operations To liability for a publication or utterance arising from advertising, publishing, broadcasting or telecasting done by an Insured that: (1) slanders or libels a person or organization or disparages a person's or organization's goods, products, property or services, and piracy and infringement of copyright or of property; or (2) Violates a person's right of privacy. (R) Premises Medical Expenses of Certain Persons To Premises Medical Payments coverage for any of the following: (1) a person injured on that part of your premises that the person normally occupies. (2) coverage provided under Products and Completed Operations Liability. (3) a person injured while practicing for or participating in any athletic or sports contest or exhibition sponsored, conducted or directed by an Insured. (4) any person who is sentenced and imprisoned in, committed to, confined in, or detained in any county jail or other detention facility. (S) Equitable Relief To loss or any amount required to comply with a court order that results from any action or demand, or any part of any claim or suit that seeks declaratory or injunctive relief. (T) Back Wages To loss for back wages, overtime or other wage related compensation for Persons or Entities Insured, or from collective employee bargaining agreements. (U) Breach of Contract To liability arising out of breach of contract, whether express or implied, or arising out of no completion of or delay in contract, or arising out of non-compliance with contract deadlines. However, this exclusion shall not apply to the Public Officials Liability coverage except as stated in exclusion GG (14) applying to Public Officials Liability only. (V) Eminent Domain To liability that results from eminent domain, inverse condemnation, regulatory taking, adverse possession or dedication by adverse use. However, this exclusion shall not apply to Public Officials Liability coverage except as stated in exclusion GG (8) applying to Public Officials Liability only. CAPPL Rev Page 10 of 23 CAPP 2013 Excess Liability Policy 14 of 41

24 (W) Employers Liability (1) To liability for bodily injury to an employee of the Insured arising out of and in the course of his or her: (a) employment by the protected person; or (b) performance of duties related to the conduct of the protected person's operations. (2) To liability for bodily injury to the spouse or any child, parent, brother or sister of that employee if such bodily injury results from the bodily injury to the employee. This exclusion applies whether the Insured may be held liable as an employer or in any other capacity, such as a property owner or product manufacturer. This exclusion also applies to any obligation of the Insured to share damages with or repay someone else who must pay damages because of bodily injury to any employee of the Insured. However, this exclusion does not apply to bodily injury for which the Insured has assumed liability under contract. (X) Intellectual Property To liability that results from any actual or alleged infringement or violation of any of the following rights or laws: (1) Copyright. (2) Patent. (3) Trade dress. (4) Trade name. (5) Trade secret. (6) Trademark. (7) Other intellectual property rights or laws. But this exclusion does not apply to: (a) bodily injury or property damage that results from Products Liability or Completed Operations Liability; or (b) personal injury that results from the unauthorized use of any copyrighted or trademarked advertising material, slogan, style, or title of others in the Insured's advertising. (Y) Mold, Other Fungi, or Bacteria (1) To liability that results from any actual, alleged, or threatened: (a) absorption, Ingestion, or inhalation of mold or other fungi, or bacteria, in any form by any person; or (b) existence of mold or other fungi, or bacteria, In any form. CAPPL Rev Page 11 of 23 CAPP 2013 Excess Liability Policy 15 of 41

25 But the Company will not apply this exclusion part to: (a) bodily injury, property damage, or medical expenses that result from mold or other fungi, or bacteria, which are, or are on, In, or part of, any good product that's intended to be consumed as a food, beverage, or medicine; (b) bodily injury or medical expenses that result from bacteria which are directly transmitted solely by or from another person to the person sustaining the bodily Injury; or (c) bodily Injury or medical expenses that result from a bacterial Infection which develops in connection with physical harm to the person sustaining the bodily injury, if such physical harm is not excluded by this exclusion part, or any other part of this exclusion, and a claim or suit is made or brought against the protected person for such physical harm. (2) Nor will the Company cover damages that results from any actual, alleged, or threatened: (a) absorption, ingestion, or inhalation of any other solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals, and waste, in any form by any person; or (b) existence of any such irritant or contaminant in any form; (c) and Is part of any claim or suit that also alleges any injury or damage described as excluded in the first paragraph of this exclusion. (3) Also, the Company will not cover any loss, cost, or expense that result from any request, demand, order, or statutory or regulatory requirement that any protected person or others: (a) test for, monitor, clean up, remove, contain, treat, detoxify, or neutralize mold or other fungi, or bacteria, in any form; or (b) respond to, or assess, in any way the effects of mold or other fungi, or bacteria, in any form. Because mold or other fungi, or bacteria, can be pollutants, and any such other irritants or contaminants are pollutants, this exclusion applies in addition to the pollution liability exclusion or any other pollutionrelated exclusion made part of this agreement. (Z) Patient Injury To liability for Personal Injury, Property Damage or Premises Medical Payments to any person who is on a Named Insured's nursing home or assisted living facility premises for the purpose of receiving any medical evaluation, care or treatment. (AA) Hospitals and Medical Clinics To liability for Personal Injury, Property Damage or Premises Medical Payments arising out of the operation of any hospital or medical clinic, including: (1) the ownership, maintenance or use of any premises used in such operation; (2) Product Liability arising from products that are distributed in such operation; or (3) Completed Operations Liability for operations done anywhere that is related to the operation of such hospital or medical clinic. However, this exclusion does not apply to Automobile Liability. CAPPL Rev Page 12 of 23 CAPP 2013 Excess Liability Policy 16 of 41

26 (BB) Malicious, Dishonest, or Fraudulent Errors, Omissions, or Acts or Knowing Violation of Rights and Law To liability for Personal Injury, Property Damage or Premises Medical Payments arising out of any malicious, dishonest, or fraudulent errors, omissions, or acts or knowing violation of rights and laws committed in the performance of, or failure to perform, health care professional services. (CC) Ski Facility To liability for Personal Injury, Property Damage or Premises Medical Payments arising out of the operation of any ski facility, including: (1) the ownership, maintenance or use of any premises used in such operation; (2) Product Liability arising from products that are distributed in such operation; or (3) Completed Operations Liability for operations done anywhere that is related to the operation of such ski facility. However, this exclusion does not apply to cross country ski operations at a premises not normally operated as a full-time ski facility. Nor does it apply to Auto Liability. (DD) Ski Equipment Rental To liability for Personal Injury, Property Damage or Premises Medical Payments arising out of the rental of ski equipment. However, this exclusion does not apply to rental of ski equipment at a premises not normally operated as a full-time ski facility. (EE) Rodeo Participants To liability for Personal Injury, Property Damage or Premises Medical Payments as a result of practicing for, or participating in, rodeo events of any kind. (FF) Airport, Airfield, Hanger or Terminal To liability for Personal Injury, Property Damage or Premises Medical Payments arising out of the operation of an airport, airfield, hangar or terminal, including: (1) the ownership, maintenance or use of any premises used in such operation; (2) Product Liability arising from products that are distributed in such operation; or (3) Completed Operations Liability for operations done anywhere that is related to the operation of such airport, airfield, hanger or terminal. However, this exclusion does not apply to Automobile Liability. (GG) Under Public Officials Error and Omissions Liability, to: (1) Automobile Liability, Personal Injury or Property Damage as defined in the policy; (2) Liability of any Insured arising out of estimates of probable costs or cost estimates being exceeded or for faulty preparation of bid specifications or failure to award contracts in accordance with statue or ordinance which under law must be submitted for bids; (3) Injury to, destruction or disappearance of any tangible property (including money) or the loss of use thereof. (4) Liability arising from the willful commission of a crime or other dishonest or fraudulent act; (5) Liability from obtaining financial gain to which an Insured is not legally entitled; CAPPL Rev Page 13 of 23 CAPP 2013 Excess Liability Policy 17 of 41