HomeMy WebLinkAbout1999-161 Coverage Agrmts - CCISProperty, Casualty and Employee Benefit Services
DATE:
August 18, 1999
P.O. Box 311 · Salem, OR 97308
(503) 585-1121 · 1-800-922-2684
FAX 585-1140 or 375-7996
TO:
CIS Members and Local Agents
FROM:
Mark Rauch, Property/Liability Pool Manager fV ,2 ~"
Penny Marlette, Workers' Compensation Pool Manager l/'~('~ii""'l
1999-2000 Coverage Agreements
We have completed another renewal process in fine shape. We want to thank you for your assistance
to our staff in providing the necessary rating and underwriting inli>rmation. In the face of fairl~
aggressive competition from the private insurance sector, we exceeded our goals for retained and
new membership. We sincerely appreciate your support of CIS and thank you for recognizing that
this is your program. With CIS you are a Member, not a policyholder. Our mission is not profit-
oriented; our sole purpose is to help our Members manage their long-term cost of risk by providing
reliable risk management service and a stable source of risk financing.
We are pleased to enclose your July 1, 1999-June 30, 2000 coverage agreements. But belbrc
discussing the specific coverages, a brief comment about our in-house legal defense program and
its potential effect on loss ratios. This applies primarily to liability coverage. Prior to October 1.
1998, there was no charge to individual claim files when we used a CIS in-house attorney to provide
legal defense for our Members. All costs of the in-house attorney program were simply treated as
CIS overhead, whereas normally defense costs ~vould be charged to the claim file as "Allocated I,oss
Adjustment Expense" (ALAE). Since October 1, 1998 (to coincide with the change of claims
administrators from Alexsis to SIMS), we have been charging in-house attorney time at the rate ol
$85/hour to the claim file as ALAE. This may result in somewhat higher loss ratios, but we t~lt the
change was necessary to equitably and accurately reflect claim costs for the program.
The following changes have been made in our coverage agreements:
LIABILITY
A Y2K ("date-related computer failure") endorsement is included with the liability coverage
agreement. As described in that endorsement, the 7/1/99 coverage agreement excludes
liability arising out of "date-related computer failures," as defined. Limited coverage is
granted by the endorsement to Members who have satisfied the conditions set fi3rth in
paragraph C, including written notice of eligibility t?om CIS. If your entity has already
~"'7_,~"_~ ~ A Membership Service Of
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ASSOCIATION ~'.
OREGON C('~UN DES
Memo to CIS Members and Local Agents
August 18, 1999
Page 2
qualified, the coverage agreement also includes the notice of eligibility. If you qualify after
this date, a notice of eligibility will be sent as soon as you have qualified. As noted in
previous correspondence, the closing date for eligibility at no additional cost is September 1.
1999.
Last year, the coverage agreement inadvertently omitted the limited coverage for pesticide.
herbicide, and fungicide application. An endorsement was issued and sent to all Members
providing the details of that coverage. This year, we have incorporated that language
the coverage agreement at the end of Exclusion (j).
AUTO PHYSICAL DAMAGE
In Part IVC(3), we have increased the replacement cost coverage cap f~om $21,000
$22,000.
PROPERTY
We have made several changes to the organization and lbrmat of the property coverage agreement
in an effort to make it easier to follow. We have also made several substantive changes and
clarifications, which can be summarized as follows:
The language at Section 6H (page 7) of the previous agreement (no coverage for property not
listed on schedule unless newly acquired) has been eliminated. We feel this issue
adequately addressed by the language at Section 5A (page 3) of the new agreement.
We have added for property in transit; hired, rented, or borrowed equipment; and off-
premises service interruption sublimits (unless higher limits are granted by endorsement)
We have also increased the sublimits for rental expense, extra expense, and pollution
cleanup. Specifically, the sublimits are as follows:
(a) Crime Coverage (Section 11): $50,000 per occurrence and annual aggregate;
(b)
Rental Value and Rental Expense (Section 10C): $100,000 (increased f~om
$50,000);
(c) Extra Expense (Section 10E): $100,000 (increased ti~om $50,000);
(d) Property in Transit (Section 10D): $100,000 (new sublimit);
(e) Hired, Rented, or Borrowed Equipment: $100,000 (new sublimit);
Memo to CIS Members and Local Agents
August 18, 1999
Page 3
(f) Off-Premises Service Interruption (Section 18): $100,000 (new sublimit);
(g) Pollution Cleanup (Section 5G): $25,000 (increased t~om $10,000); and
(h) Police Dogs (Section 12): $5,000 for any single dog.
A "Y2K" exclusion (except ensuing covered loss) has been added. Please note this exclusion
applies to all coverages, including "Off-Premises Service Interruption" (Section 18).
New language has been added at Section 10F (page 9) (Section 5F, page 6, in the prior
coverage agreement) clarifying coverage obligations and settlement options in the event o t'
a loss.
We have added a subrogation recovery rights clause to Section 23.
We have added a provision (Section 2A(2), page 1 ) clarifying that "full replacement cost"
coverage is provided if the Trust has given written approval for such coverage for a given
location or item of property. This is in addition to locations where the value is from ml
appraisal provided by the Trust.
Boiler and machinery (including equipment breakdown) coverage can now be added to the
CIS Property Coverage Agreement by endorsement rather than by issuance of a separate
policy. If your entity has this coverage, your property coverage agreement should include
an "Equipment Breakdown" endorsement.
WORKERS' COMPENSATION
Coverage B (employer's liability) limit has been increased from $2,000,000 to $3,000,000
at no additional cost to Members.
If you have any questions about the coverage agreements, please call. Likewise, if you have
suggestions or comments as to how the coverages or services provided by CIS can be improved, we
always welcome such input.
MSR:clc
Enclosures
CERTIFICATE OF MEMBERSHIP No. 99LASH AND COVERAGE AGREEMENT
CITY/COUNTY INSURANCE SERVICES TRUST
LIABILITY RISK SHARING POOL
This certifies that Ashland is a Member of the City/County Insurance Services Trust for liability
coverage during the period set forth below.
Period:
July 1, 1999 to June 30, 2000
Limit of Liability: $1,000,000 (per occurrence)
In accordance with and subject to the Trust Agreement, Bylaws and Rules of the Trust, and in
consideration of the contribution for which this coverage agreement is written, except where
specifically provided otherwise within this agreement, the Trust will pay on behalf of the Member
all sums which the Member shall be legally obligated to pay as damages because of:
Coverage A:
Coverage B:
Coverage C:
Coverage D:
Coverage E:
Liability arising under Oregon Revised Statutes 30.260 to 30.300:
asserted pursuant to ORS 30.260 to 30.300; and caused by an
occurrence;
Liability arising under 42 U.S. Code § 1983; 42 U.S. Code § 2000e,
et seq. (Title VII of the Civil Rights Act of 1964); 29 U.S. Code §
621, et seq. (Age Discrimination in Employment Act of 1967); The
Americans With Disabilities Act; The Civil Rights Act of 1991; 42
U.S. Code § 1981; 42 U.S. Code 3601, et seq. (The Fair Housing
Act); or any law amendatory thereof, provided such liability is caused
by an occurrence;
Bodily Injury, Personal Injury and Property Damage for which the
Member is legally liable under the laws of any jurisdiction other than
the State of Oregon to which this coverage agreement applies caused
by an occurrence;
Uninsured Motorists Coverage as defined by ORS 742.504, pursuant
to ORS 278.215. The Limits of Liability of such coverage shall be
those set forth in ORS 30.270 (b) and (c).
Liability of others assumed by the Named Member under contract,
except as hereinafter limited in the definition of the term "Member."
In accordance with and subject to the Trust Agreement, Bylaws and Rules of the Trust, and in
consideration of the contribution for which this coverage agreement is written, and independent of
Coverages A - E above, the Trust will pay:
Coverage F:
Legal expenses reasonably incurred by a public official of the Named
Member arising out of defense of a complaint alleging violation of
ORS 244.040 or 244.120-. 135, subject to the terms and conditions set
forth on page 7 below.
1 of 8 7/1/99
The Trust shall have the right and duty to defend any claim or suit against the Member seeking
damages, even if any of the allegations of the suit are groundless, false or fraudulent, and may make
such investigation and settlement of any claim or suit as it deems expedient. The duty to defend an?
claim or suit shall terminate, except as provided hereafter, when such claim or suit ceases to seek
damages against the Member. Provided however, that the duty to defend any claim or suit shall
not terminate so long as the claim or suit includes an allegation of breach of an implied contract
arising out of an employment relationship.
The Trust shall not be obligated to pay any claim or judgement or to detbnd any suit or action after
the applicable limit of the Trust's liability has been exhausted by payment of judgements or
settlements.
EXCLUSIONS
The coverage agreement does not apply:
a)
b)
g)
h)
I)
To the ownership, maintenance, operation, use, loading or unloading of 1) any
aircraft owned, or operated by, or rented, or loaned to the Member or 2) any other
aircraft operated by any person in the course of their employment by the Member:
To damages arising out of the Nuclear Energy Liability Hazard;
To the ownership, maintenance or use of watercraft, where other liability coverage
is valid at the time of loss;
to injury or damage to or destruction of any property owned by the Member or any
of its departments, agencies, boards or commissions;
To any obligation for which the Member, or any carrier as its insurer, may be held
liable under any workers' compensation, unemployment or disability benefits law,
or other similar law, including the Jones Act;
To bodily injury to any employee of the Member, including any volunteer or inmate
for whom the Member could elect to provide Workers' Compensation coverage
under ORS 656.031 or ORS 656.041, arising out of and in the course of the
employee's, volunteer's, or inmate's employment by the Member;
To any liability arising out of or in any way connected with the operation of the
principles of eminent domain, condemnation proceedings, or inverse condemnation.
by whatever called, whether such liability accrues directly against the Member or by
virtue of any agreement entered into, by or on behalf of the Member.
To liability at any hospital owned or operated by the Member, or to any such
liability assumed by the Member under contract, arising out of or in connection with
the care, treatment, rendering of professional services or provision of any associated
products or devices to any person admitted on an inpatient or outpatient basis or to
any person entering or brought to such hospital with the intention that care.
treatment, professional services or associated products and devices be provided.
To any claim against a Hospital Financing Authority created pursuant to ORS
441.525 to .596 arising out of the issuance oI~ use of proceeds from, repayment or
default on financial instruments, bonds or revenue bonds.
2 of 8 7/1/99
j)
To any liability arising out of actual, alleged, or threatened discharge, dispersal.
release or escape of pollutants:
At or from premises owned, rented or occupied by, or under the control of.
the Member;
At or from any site or location used by the Member for the handling, storage.
disposal, processing or treatment of waste;
Which are at any time transported, handled, stored, treated, disposed of. or
processed as waste by or for Member or any person or organization
whom the Member may be legally responsible; or
At or from any site or location on which the Member or any contractors or
subcontractors working directly or indirectly on behalf of the Member are
performing operations:
If the pollutants are brought on or to the site or location in connection
with such operation; or
ii.
If the operations are to test for, monitor, clean up, remove, contain.
treat, detoxify or neutralize pollutants.
Subparagraphs (1) and (4) (I) do not apply to "bodily injury" or "property damage"
arising out of heat, s~noke or fumes from a hostile fire. As used in the exclusion. a
hostile fire means one which becomes uncontrollable or breaks out from where it was
intended to be.
Any loss, cost, or expense arising out of any governmental direction or requests that
the Member must test for, monitor, evaluate, clear up, remove, contain, treat,
detoxify or neutralize pollutants.
"Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant.
including smoke, vapor, soot, fumes, acids, alkali, chemicals and waste. "Waste"
includes materials to be recycled, reconditioned or reclaimed.
The exclusion does not apply to:
Fuel, lubricants, fluids or exhaust gases that have leaked from a "covered"
auto if they are needed for or result from normal electrical hydraulic or
mechanical function of an auto and leak from the part of the auto designed by
its manufacturer to hold or dispose of them;
2. Fluids or fuel that have leaked from a "covered auto" after an accident;
3 of 8 7t 1
3. Overturn or upset of a "covered auto."
Firefighting activities, including training bums, intentional demolition or
bums for purpose of limiting a fire, or the discharge of "pollutants" for the
purpose of controlling a fire.
,
"Bodily injury" or "property damage" caused by the Member's fire
department or hazardous response team responding to a contamination caused
by a third-party unrelated to the Member.
For purposes of this exclusion only the term "covered auto" means any vehicle
designed for land transportation, whether or not licensed lbr highway use, and owned
or operated by the Member.
This exclusion does not apply to liability otherwise covered by this agreement tbr
property damage arising out of the Member's use of pesticides, herbicides. or-
fungicides, provided each of the following conditions are met:
I)
The Member indicated on the application that pesticides, herbicides.
or fungicides are used;
ii)
The use meets all standards of any statute, ordinance, regulation, or
license requirement of any federal, state, or local government
pertaining to such use.
The liability of the Trust arising from any occurrence under this exception shall no~
exceed $50,000.
k)
Any liability or expense arising from the handling, processing, manufacture, sale
distribute, storage or use of asbestos, asbestos products, and/or products containing
asbestos.
1)
Any liability or expense arising out of any nuclear incident, accident, loss
occurrence, claim made or loss discovered; or as the result of the ownership.
management, mm~ufacture, design, service, operation, storage, use, existence,
handling, processing, sale, distribution, responsibility for, disposal of, or Entrustment
to Others of nuclear materials, nuclear products or the by-products thereof. For
purposes of this exclusion, the term "Entrustment to Others" shall include, but not be
limited to, involvement of parties other than the Member pursuant to contracts.
licenses, leases, permits, franchises and consigm'nents.
m)
Any liability due to war, whether or not declared, or any act or condition of incidenl
of war. War includes civil war, insurrection, rebellion or revolution. This exclusion
applies only to liability assumed under a contract or agreement.
4 of 8 7,,1,'91~
CONDITIONS
Action Against the Trust: As a condition precedent to action against the Trust the Member shall
have fully complied with all the terms of this coverage agreement and the amount of the obligation
shall have been finally determined either by judgement after actual trial or by written agreemen~
between the Member, the claimant and the Trust. Judgement shall not be deemed final until the
shall have been finally determined in any appeal prosecuted therefrom. Any person or organization
or legal representative thereof having secured such judgement or written agreement, shall be entitled
to recover under this coverage agreement to the extent of the coverage afforded hereby. No person
or organization shall have the fight under this coverage agreement to join the Trust as a party to an'~
action against the Member to determine the Meraber's representative. Bankruptcy or insolvenc}
of the Member or of the covered estate shall not relieve the Trust of any of its obligations hereunder
Subrogation: In the event of any payment under this coverage agreement, the Trust shall be
subrogated to all the Member's rights to recovery thereof against any person or organization and the
Member shall execute and deliver instruments and papers and do whatever else is necessary to
secure such rights. The Member shall do nothing after loss to prejudice such rights.
Changes: The terms of this coverage agreement shall not be waived or changed, except b~ an
endorsement issued to form a part of this coverage agreement signed by the Trust's authorized
representative and delivered to the Member.
Cancellation: This coverage agreement may be canceled by the Member upon such notice as
required by the Trust Bylaws, in which event the end of such notice period shall become the end ot
coverage period. The Trust agrees to remain on the risk for ttu'ee years or during the term of the
Membership resolution adopted by the Member, whichever is shorter, subject to the termination
provisions of the Trust Bylaws. Notice to the Member of any action taken pursuant to such
provisions shall be sixty days, except in the event of non-payment of any contribution due and
owing, in which case notice shall be ten days. Notice shall be in writing to the Member at the
address of the Member shown on the latest available edition of the Oregon Blue Book.
Non-Assignable: The interest of the Member under this coverage agreement shall not be assignable,
Contribution: The initial contribution paid in the consideration of this coverage agreement is not
subject to audit adjustment.
Coverage Period/Territory: This coverage agreement applies to occurrences during the coverage
period which take place anywhere, provided that resulting claims or suits are asserted within the
United States of America, its territories or possessions, or Canada.
Government Instrumentality: The issuance of this coverage shall not be deemed a waiver of an\.
statutory immunities as to any Member nor of any statutory limits on the monetary amount ol
liability applicable to any Member were this coverage agreement not in effect. The Trust expressly
reserves any and all rights to deny liability by reason of such immunity, and to assert any limitation
5 of 8 7/1
provided by law as to amount of liability.
Other Coverage: It is a condition of this coverage agreement that if at the time of loss, there is other
collectable insurance available to the Member of any kind, this coverage shall become excess
coverage and in no event contributing coverage and then only for the amount due the Member under
such forms of coverage. In no event, however, shall the liability hereunder exceed the limit of
liability set forth herein.
DEFINITIONS
a)
"Damages" means all sums recoverable by law from any liability covered under this
coverage agreement, including punitive damages if awarded, but not including any sums
awarded for plaintiffs attorney fees, or expert fees, under any statute including but not
limited to, 42 U.S. Code, § 1988, in any case in which monetary damages are not sought or
not awarded, and not including the costs of complying with injunctions. "Damages"
excludes any and all sums recoverable for breach of contract, express or implied, or as back
wages.
b)
"Personal Injury" means false arrest, detention, imprisonment, malicious prosecution, libel,
slander, or publication or utterance in violation of the individual's right of privacy, wrongful
entry or eviction, or invasion of the right of private occupancy.
c) "Property Damage" means injury to or destruction of tangible property.
d)
"Occurrence" means an event, act, error or omission or a continuous or repeated exposure
to conditions, any of which occurs during the coverage agreement period.
e)
"Named Member" or "Member" means its officers, employees and agents including,.
volunteers, authorized to act on behalf of the Named Member, all acting within the scope
of their employment or duties whether arising out of a governmental or proprietary ftmction
"Member" shall include any party whom a public body covered under this coverage
agreement has agreed to hold harmless, indemnify or defend pursuant to a contract or other
agreement lawfully entered into by such public body. However, in no event shall coverage
under this coverage agreement extend to such party for any claim arising out of an
occurrence after the expiration of this coverage agreement or the expiration of the contract
or agreement entered into by the public body, whichever shall occur first. Further, in no
event shall coverage under this coverage agreement extend to such party for any claim,
however or whenever asserted, arising out of such party's sole negligence. Except as
specified in this paragraph, such party shall have no rights under the Trust AgreemenL
Bylaws or Rules of the Trust.
"Nuclear Energy Liability Hazard" means injury, sickness, disease, death or destruction
1 ) with respect to which an Member under this coverage agreement is also an Insured under
a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association.
Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada,
6 of 8 7/1
or would be an Insured under any such policy but tbr its termination upon exhaustion of its
limits of liability; or 2) resulting from the hazardous properties of nuclear material and with
respect to which I) any person or organization is required to maintain financial protectior~
pursuant to the Atomic Energy Act of 1964, or any law amendatory thereof, or ii) the'
Member is, or had such policy not been issued, would be entitled to indemnity fi'orn the
United States of America, or any agency thereof, under any agreement entered into by
United States of America, or any agency thereof, with any person or organization: 3,~
resulting from the hazardous properties of nuclear material, if I) the nuclear material is at an~
nuclear facility owned by, or operated by or on behalf of any Member, or has been dispersed
therefrom; ii) the nuclear material is contained in spent fuel or waste at any time possessed.
handled, used, processed, stored, transported, or disposed of, by or on behalf of a Member.
or iii) the injury, sickness, disease, death or destruction arising out of the furnishing by
Member of services, materials, parts or equipment in connection with planning.
construction, maintenance, operation or use of any nuclear facility, but if such facility is
located within the United States of America, its territories or possessions or Canada, this part
(iii) applies to only injury or destruction of or loss of property at such nuclear facility.
As used in this definition
"Hazardous properties" include radioactive, toxic or explosive properties;
"Nuclear material" means source material, special nuclear material, or byproduct material_
"source material," "special nuclear material" and "byproduct material" have the meanings
given them in the Atomic Energy Act of 1964, or in any law amendatory thereof;
"Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used
or exposed to radiation in a nuclear reactor;
"Waste" means any waste material 1) containing byproduct material and 2) resulting
the operation by any person or organization of any nuclear facility included within the
definition of nuclear facility under paragraph a) or b) thereof;
"Nuclear facility" means a) any nuclear reaction, b) any equipment or device designed o~
used for 1) separating the isotopes of uranium or plutonium, 2) processing or utilizing spent
fuel or 3) handling, processing or packaging waste, c) any equipment or device used for the
processing, fabricating or alloying of special nuclear material if at any time the total amounl
of such material in the custody of the Member at the premises where such equipment or
device is located consists of or contains more than 25 grams ofplutonium or uranium 235~
or any combination thereof, or more than 250 grams of uranium 235, d) any structure, basin.
excavation, premises or place prepared or used for the storage or disposal of waste, and
includes the site on which any of the foregoing is located, all operation conducted on such
site and all premises for such operation;
"Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a sell~
supporting chain reaction or to contain a critical mass of fissionable material.
7 of 8 7/I/99
o
With respect to "injury" or to "destruction" of property, the word injury or destruction
includes all form of radioactive contamination of property.
ETHICS LEGAL EXPENSE COVERAGE
The amount the Trust will pay shall be limited to $2,500.00 tbr any individual public official
for all complaints arising in any one Fund Year.
The amount the Trust will pay shall be limited to $5,000.00 for all public officials of any one
Named Member for all complaints arising in any one Fund Year.
The Trust shall have no obligation to pay for legal expenses under this section unless the
public official notifies the Trust of a complaint within 30 days of first communication with
the Oregon Governmental Standards and Practices Commission.
The Trust shall have no obligation to pay for legal expenses under this section unless defense
counsel has been selected by the Trust or, if selected by the public official, approved by the
Trust. Such approval shall not be unreasonably withheld.
The Trust shall have the fight, but not the duty, to independently investigate any complaint
alleging violation of ORS 244.040 or 244.120-. 135. As a condition precedent to any righi
to payment under this section, the public official shall fully and completely cooperate w-ith
such investigation. The costs, if any, of such investigation shall not reduce the payments
otherwise payable under this section.
Payments for legal expenses shall normally be made as such costs are incurred, upon receipt
by the Trust of adequate documentation. However, the Trust, in its sole discretion, shall
have the right at any time to withhold payment until final resolution of a complaint. In such
a case, no payment shall be made unless the public official shall have prevailed.
The Trust shall be subrogated, to the extent of any payments made under this section, to an>,
amounts recoverable by the public official from the public body, other collectible insurance
or pursuant to ORS 244.400.
Chairman, CIS Board of Trustees
July 1, 1999
8 of 8 7/I
ENDORSEMENT: Date-Related Computer Failure
This endorsement is effective 7/1/99 and is part of the liability coverage agreement between
City/County Insurance Services (herein "CIS") and Ashland (herein "Member").
The Exclusions section of the coverage agreement is modified by the addition of the
following exclusion:
This coverage agreement does not apply to any liability or claim expense arising directly or
indirectly out of, or in any way connected to, date-related computer failure.
Bo
ADDITIONAL DEFINITIONS (other definitions in the coverage agreement are also
applicable.)
(1)
"Date-related computer failure," as used in this endorsement, has the following
meaning:
a. Any actual or alleged failure, malfunction, or inadequacy of:
(1) Any of the following, whether belonging to the insured or to others:
(a)
(c)
(d)
(e)
Computer hardware, including microprocessors;
Computer application software:
Computer operating systems and related software;
Computer net~vorks;
Microprocessors, semi-conductors, or digital, analog or integrated
devices not part of any computer system; or
Any other computerized or electronic equipment or components: or
(2)
Any other products, and any services, data or functions that directly or
indirectly use or rely upon, in any manner, any of the items listed in
paragraph ( 1 ) of this endorsement
Due to the inability to correctly recognize, process, interpret or accept the year 2000
or any other date or year.
Any advice, consultation, design, evaluation, inspection. installation.
maintenance, repair, replacement or supervision provided or done by you or
for you to determine, rectify or test for, any potential or actual problems
described in paragraph a. of this endorsement.
(2)
"Claim expense," as used in this endorsement, means the attomey fees and litigation
costs incurred by or on behalf of the Member in defense of claims alleging date-
related computer failure for which coverage is provided by this endorsement.
C. Limited coverage fbr liability arising out of date-related computer failure, the terms and
1 of 3 7/1/99
conditions of which are set forth in paragraph D below, is hereby granted only if all of the
following conditions have been met prior to such limited coverage for date-related
computer failure taking effect:
1. Member has made a good-faith effort to avoid date-related computer failures:
o
Memberhas provided CIS with accurate documentation of such good-faith efforts:
and
Based on such documentation, CIS has advised Member in writing that Member is
eligible for the limited coverage tbr date-related computer failure.
Subject to the CIS Trust Agreement, Bylaws, and Rules of the Trust; the Exclusions.
Conditions, and Definitions sections of the coverage agreement to which this endorsement
refers; Paragraph C above; and the further terms and conditions set forth in this paragraph,
coverage for liability and claim expense arising out of date-related computer failure is
hereby granted to qualified Members as follows:
(1)
CIS will reimburse qualified Members for damages and claim expense incurred by
the Member because of
(a)
Liability arising under Oregon Revised Statutes 30.260 to 30.300; asserted
pursuant to ORS 30.260 to 30.300: and caused by an occurrence resulting
from a date-related computer failure:
(b)
Liability arising under 42 U.S. Code § 1983; 42 U.S. Code § 2000e, et seq.
(Title VII of the Civil Rights Act of 1964); 29 U.S. Code § 621, et seq. (Age
Discrimination Employment Act of 1967); The Americans With Disabilities
Act; The Civil Rights Act of 1991; 42 U.S. Code § 1981; 42 U.S. Code ~
3601, et seq. (The Fair Housing Act); or any law amendatory thereof2
provided such liability is caused by an occurrence resulting from a date-
related computer failure:
(C)
Bodily Injury, Personal Injury and Property Damage fi3r which the
Member is legally liable under the laws of any jurisdiction other than the
State of Oregon to which this coverage agreement applies caused by an
occurrence resulting from a date-related computer failure;
(d)
Liability of others assumed by the Named Member under contract and
arising out of an occurrence resulting from a date-related computer failure,
except as limited in the definition of the term "Member" as found in the
coverage agreement.
(2) Such reimbursement is subject to the following additional conditions and limitations:
(a)
There is no coverage for the first $1,000 of either damages or claim expense
per occurrence. After the first $1,000 in damages or claim expense, CIS
2 of 3 7/1/99
(b)
(c)
(d)
(e)
will reimburse the Member for 70% of the next $100,000 of damages or
claim expense per occurrence, subject to the total program aggregate
described in paragraph (2)(d) below and the per-Member annual aggregate
described in paragraph (2)(b) below.
Coverage for all damages and claim expense paid by CIS, as set forth m
subparagraph (2)(a) above, and resulting from date-related computer
failure, is subject to a limit of $70,000 per occurrence and in the aggregate.
The coverage granted by this endorsement does not apply to liability
damages resulting from the Member's failure to supply water, sewer, gas,
or electricity or the Member's failure to supply sufficient water, sewer, gas,
or electricity to meet demand if such failure is the result of a date-related
computer failure. Subject to the limitations of Section D(2)(a) of this
endorsement, as they apply to claim expense, this exclusion of failure to
supply water, sewer, gas, or electricity does not apply to claim expense
The total aggregate liability of CIS fbr all Members during the coverage year
7/1/9%6/30/00 for coverage of date-related computer failures is $17
million. If CIS, based on estimates of incurred liability for damages and
claim expense, determines that the $1.7 million aggregate limit has been or
will likely be exceeded, CIS will notify all Members participating in this
coverage, whether or not such Members have open claims at that time. and
will reimburse Members on a pro-rata formulation based on the percentage
the $1.7 million program aggregate limit bears to the total estimated incurred
liability and claim expense for this coverage. CIS reserves the right to
withhold reimbursement of incurred damages and claim expenses until July
1, 2000, if, in the judgment of the CIS Board of Trustees, it is in the besl
interest of the CIS Trust to do so.
Dispute Resolution: Any dispute or disagreement over the terms, conditions.
interpretation, or limitations of the coverage granted by this endorsement.
including disputes or disagreements over pro-rata distribution of the SlY
million total aggregate limit, will be addressed first to the Executive Director
of CIS, or his designee, for resolution. If such dispute or disagreement still
cannot be resolved, the matter will be referred to the CIS Board of Trustees.
which shall serve as the final and binding arbiter of any such dispute or
disagreement.
Chairman, CIS Board of Trustees
July 1. 1999
3 of 3 7/I
NOTICE OF ELIGIBILITY: Date-Related Computer Failure Liability Coverage
This certifies, based on information and documentation submitted to City/County Insurance
Services by or on behalf of City of Ashland, that, effective 7/1/99, City of Ashland is eligible
for the coverage described in the document entitled, "ENDORSEMENT: Date-Related
Computer Failure," which is attached to and part of the Certificate of Membership in the
City/County Insurance Services Trust Liability Risk Sharing Pool issued to City of Ashland
liar the period July 1, 1999, through June 30, 2000.
Chairman, CIS Board of Trustees
July 1, 1999
CERTIFICATE OF MEMBERSHIP No. 99APDASH AND COVERAGE AGREEMENT
CITY/COUNTY INSURANCE SERVICES TRUST
AUTO PHYSICAL DAMAGE SELF-INSURANCE POOL
This certifies that Ashland is a Member of the City/County Insurance Services Trust for auto physical damage
coverage during the period set forth below.
Period: July 1, 1999 to June 30, 2000
Deductible: Collision $500
Comprehensive $5000
The City/County Insurance Services Trust (CIS), subject to the terms and conditions of this certificate including
any deductible stated above, and in accordance with and subject to the terms of the Trust Agreement, Bylaws and
Rules of CIS, and in consideration of the contribution for which this coverage agreement is written shall pay auto
physical damage losses arising during the period stated above.
PART I -- WORDS AND PHRASES
The following words and phrases have special meaning throughout this certificate.
A. "You" and "your" mean the public body shown in the caption of this certificate.
B. "We," "us" and "our" mean City/County Insurance Services Trust (CIS).
C. "Vehicle" means a land motor vehicle, trailer or semi-trailer.
D. "Loss" means direct and accidental damage or loss.
PART II -- WHICH VEHICLES ARE COVERED.
A. Covered vehicles are those shown in the schedule of vehicles for which a contribution assessment has been
charged and paid.
B. OWNED VEHICLES YOU ACQUIRE AFTER THE COVERAGE BEGINS.
1. We will cover all vehicles acquired after the coverage begins under this certificate if:
a. The vehicle is a replacement for a vehicle already covered, or;
b. The vehicle is an additional vehicle owned, rented or leased by you, and we are notified
not later than thirty (30) days after the expiration of the coverage period noted above that
you want us to cover it under this certificate.
2. If any replacement, additional, rented or leased vehicle represents an increase in the risk or values
covered under this certificate, we reserve the right to charge an additional contribution
commensurate with such increase.
1 of 5 7/1/99
PART III -- WHERE AND WHEN THIS CERTIFICATE APPLIES.
We cover losses which occur during the coverage period:
A. In the United States of America, its territories or possessions, Puerto Rico or Canada; or
B. While the covered vehicle is being transported between any of these places.
PART IV -- PHYSICAL DAMAGE INSURANCE
A. WE WILL PAY.
1. We will pay for loss to a covered vehicle or its equipment under:
a,
Comprehensive Coverage. From any cause except the covered vehicle's collision with
another object or its overturn.
Collision Coverage. Caused by the covered vehicle's collision with another object or its
overturn.
Specified Perils Coverage. Caused by:
(1)
(2)
(3)
(4)
(5)
(6)
Fire or explosion;
Theft;
Windstorm, hail or earthquake;
Flood;
Mischief or vandalism;
The sinking, burning, collision or derailment of any conveyance transporting the
covered vehicle.
B. WE WILL NOT COVER -- EXCLUSIONS.
This coverage does not apply to:
3.
4.
5.
6.
7,
8.
Wear and tear, fleezing, mechanical or electrical breakdown unless caused by other loss covered
by this certificate.
Blowouts, punctures or other road damage to tires unless caused by other loss covered by this
policy.
Loss caused by declared or undeclared war or insurrection or any of their consequences.
Loss caused by the explosion of a nuclear weapon or its consequences.
Loss caused by radioactive contamination.
Loss to tape decks or other sound reproducing equipment not permanently installed in a covered
vehicle.
Loss to tapes, records or other sound reproducing devices designed for use with sound
reproducing equipment.
Loss to any sound receiving equipment designed for use as a citizens' band radio, two way mobile
radio or telephone or scanning monitor receiver, including its antennas and other accessories,
unless permanently installed in the dash or console opening normally used by the vehicle
manufacturer for the installation of a radio.
2 of 5 '7/1/99
C. HOW WE WILL PAY FOR LOSSES -- THE MOST WE WILL PAY.
1. At our option we may:
Pay for, repair or replace damaged or stolen property, or
Return the stolen property, at our expense. We will pay for any damage that results to the
vehicle from the theft.
Except as provided under 3. below, the most we will pay for loss is the smaller of the following
amounts:
The actual cash value of the damaged or stolen property at the time of loss.
The cost of repairing or replacing the damaged or stolen property with other of like kind
or quality.
If the property is a private passenger vehicle or a light commercial vehicle, up to and including
one ton rated capacity, and is not more than 6 (six) model years old at the time of loss {a model
year being deemed to begin on October 1 of each preceding year), and a larger payment would not
apply under 2. above, we will pay the smaller of the following amounts:
a,
The replacement cost value of the stolen or damaged vehicle at the time of loss.
The cost of repairing the stolen or damaged vehicle.
$22,000 (Twenty-Two Thousand Dollars).
For each covered vehicle, our obligation to pay for, repair, return or replace damaged or stolen
property will be reduced by the applicable deductible shown in the caption of this certificate. Any
Comprehensive Coverage deductible shown in the declarations does not apply to loss caused by
fire or lightening.
D. GLASS BREAKAGE -- HITTING A BIRD OR ANIMAL -- FALLING OBJECTS OR MISSILES.
We will pay for glass breakage, loss caused by hitting a bird or animal or by falling objects or missiles under
Comprehensive Coverage if you carry Comprehensive Coverage for the damaged covered vehicle. However,
you have the option of having glass breakage caused by a covered vehicles' collision or overturn considered a
loss under Collision Coverage.
PART V -- CONDITIONS
The coverage provided by this certificate is subject to the following conditions:
A. YOUR DUTIES AFTER ACCIDENT OR LOSS.
You must promptly notify us or our agent of any loss· You must tell us how, when and where the
loss happened.
Additionally, you must:
a. Cooperate with us in the investigation or settlement of any loss. You shall not voluntarily
make any payment, assume any obligation or incur any expense except as provided in this
certificate.
3 of 5 7/1/99
b,
eo
Immediately send us copies of any notices or legal papers received in connection with the
loss.
Permit us to inspect and appraise the damaged property before its repair or disposition.
Do what is reasonably necessary after loss at our expense to protect the covered vehicle
from further loss.
Submit a proof of loss when required by us.
Promptly notify the police if the covered vehicle or any of its equipment is stolen
B. OUR RIGHT TO RECOVER FROM OTHERS.
If we make any payment, we are entitled to recover what we paid from other parties. Any person to or/br whom
we make payment must transfer to us his or her rights of recovery against any other party to the extent of such
payment. This person must do everything necessary to secure these rights and must do nothing that would
jeopardize them.
C. CANCELING THIS CERTIFICATE DURING THE COVERAGE PERIOD.
You may cancel your coverage by giving us written notice not less than 60 days prior to the date
cancellation is to take effect.
o
We may cancel your coverage for nonpayment of any contribution due. Such cancellation shall
be by written notice not less than 10 days prior to the date cancellation is to take effect.
Cancellation or non-renewal for any other reason set forth in the Bylaws of CIS shall require 60
days written notice. Proof of mailing of any notice to your last address known to us shall be
sufficient proof of notice.
If this certificate is canceled, you may be entitled to a contribution refund. However, making or
offering to make the refund is not a condition of cancellation. The refund, if any, will be
computed pro rata.
D, LEGAL ACTION AGAINST US.
No legal action may be brought against us until there has been full compliance with all the terms of this
certificate.
E, INSPECTION.
At our option we may inspect your property and operations at any time. By our right to inspect or by our making
any inspection we make no representation that your property or operations are safe, not harmful to health or
comply with any law, rule or regulation.
F. CHANGES.
This certificate contains all the agreements between you and us regarding this coverage. Its terms may not be
changed or waived except by amendment issued by us pursuant to the Bylaws of CIS. If a change requires a
contribution adjustment, we will adjust the contribution as of the effective date of change.
G. TRANSFER OF YOUR INTEREST IN THIS CERTIFICATE.
Your rights and duties under this certificate may not be assigned without our written consent.
4 of 5 7/1/99
H. NO BENEFIT TO BAILEE.
We will not recognize any assignment or grant any coverage for the benefit of any person or organization
holding, storing or transporting property for a fee.
I. APPRAISAL.
If you and we fail to agree as to the amount of loss either may demand an appraisal of the loss.
In such event, you and we shall each select a competent appraiser, and the appraisers shall select
a competent and disinterested umpire. The appraisers shall state separately the actual cash value
and the amount of loss, and, failing to agree, shall submit their differences to the umpire. An
award in writing of any two shall determine the amount of loss. You and we shall each pay the
chosen appraiser and shall bear equally the other expenses of the appraisal and umpire.
2. We shall not be held to have waived any of our rights by any act relating to appraisal.
Chairman, CIS Board of Trustees
July 1, 1999
5 of 5 7/1/99
CERTIFICATE OF MEMBERSHIP No. 99PASH AND COVERAGE AGREEMENT
CITY/COUNTY INSURANCE SERVICES TRUST
PROPERTY SELF-INSURANCE POOL
This certifies that Ashland is a Member of the City/County Insurance Services Trust for propert,
coverage during the coverage period set forth below.
In accordance with and subject to the Trust Agreement, Bylaws and Rules of the Trust, and ira
consideration of the contribution for which this coverage agreement is written, the Trust will pay to
the Member set forth above for physical loss or damage to the Member's property in accordance witl~
the following terms and conditions:
1. COVERAGE PERIOD: July 1, 1999 through June 30, 2000
2. LIMITS OF LIABILITY
The following limits and sublimits apply per occurrence, unless otherwise stated:
A,
The limit for loss of or damage to property at any covered location shall be the value
for such location or item of property currently filed by the Member with the Trust.
However, if either:
(1)
such value results from appraisal provided by the Trust, including trending,
if any, recommended by the Trust; or
(2)
the Trust has given written approval of such location or item of property fbr
full replacement coverage; then
full replacement cost value is afforded by this coverage agreement without limitation.
subject to paragraphs B, C, D, and E below.
B,
Except for losses caused by earthquake, flood, or crime (as provided in Section 11
below), the limit of liability for all losses to covered property of a single Member
from a single occurrence shall not exceed $50,000,000 (fifty million dollars) unless
a higher limit is specifically provided by endorsement.
C,
For losses caused by earthquake or flood, the limit of liability for all losses t{~
covered property of a single Member from a single occurrence shall not exceed
$10,000,000 (ten million dollars), unless another limit is specifically provided by
endorsement.
Further, for losses caused by earthquake or flood, the limit of liability for all losses
to covered property of a single Member, regardless of the number of occurrences~
in a single coverage year (July 1 to June 30), shall not exceed $10,000,000 (ten
million dollars), unless another limit is specifically provided by endorsement.
1 of 18 7/1/o0
Unless otherwise provided by endorsement, the following occurrence sublimits
apply:
(1) Crime Coverage (Section 11):
$50,000 per occurrence
$50,000 aggregate for any single Member in a
single coverage year (July 1 through June 30)
(2) Police Dogs (Section 12): $5,000 for any single police dog
(3) Rental Value and Rental Expense (Section 10C): $100,000
(4) Extra Expense (Section 10E): $100,000
(5) Pollution Cleanup (Section 5G): $25,000
(6) Property in Transit (Section 10D): $100,000
(7) Hired, Rented, or Borrowed Equipment: $100,000
(8) Off-Premises Service Interruption (Section 18): $100,000
DEDUCTIBLES
The following deductibles shall apply to losses incurred by each Member for each
occtlrrenceo
All coverages and perils
except earthquake and flood
Earthquake/Flood
$1,000
2% of the combined value of "units" damaged;
subject to $5,000 minimum and $50,000
maximam. The following shall be considered a
separate "unit": (a) each separate building or
structure; (b) the contents of each separate
building or structure: (c) property in each yard.
If two or more deductible amounts in this policy apply to a single occurrence, the total to
be deducted shall not exceed the largest deductible applicable. Unless otherwise specified,
deductibles apply "per occurrence." No deductible will be applied to losses under
Section 12 (Police Dogs).
DEFINITIONS
Certain words or phrases appearing in this document are specifically defined, either in this
section or in the section in which they appear. Such words appear in bold-faced type.
A. "Earthquake" means earth movement, including but not limited to earthquake,
2 of 18 7/1/99
landslide, mudflow, earth sinking, earth rising or shifting, or volcanic eruption unless
loss by another peril not otherwise excluded under this coverage agreement ensues.
then such ensuing loss shall not be deemed caused by earthquake.
"Flood" means flood, however caused, inundation, overflow of streams or other
bodies of water, tidal wave or tidal water, tsunmni, or spray from any of the
foregoing, all whether driven by wind or not, unless loss by another peril
otherwise excluded under this coverage agreement ensues, then such ensuing loss
shall not be deemed caused by flood.
"Occurrence" means the total or partial loss, by any peril or combination of perils
covered against, arising out of a single event. When the term applies to loss or losses
from windstorm, riot, riot attending a strike, civil commotion, earthquake or flood.
it shall be held to include those losses occurring or commencing during a period o!
72 consecutive hours. When filing proof of loss, the Member may elect the moment
at which the 72 hour period shall be deemed to have commenced. Such 72 hour
period will not be restricted or limited by the expiration of this coverage agreement
provided that the first damage by windstorm. riot, riot attending a strike, civil
commotion, earthquake or flood occurs prior to the date and time of the expiration
of this coverage agreement.
For purposes of Section 2E( 1 ) and Section 11 (Crime Coverage), all losses caused
by the single act, or any number of such acts, of the same person, or group of persons
acting in collusion, involving the same or substantially the same methods resulting
in the loss, or losses, shall be deemed a single occurrence. Further, for purposes
Section 2E(1) and Section 11 (Crime Coverage), the date of any loss shall be deemed
to be the date when the wrongful acts causing the loss were completed regardless ol'
when the loss is discovered by the Member.
5. PROPERTY AND INTERESTS COVERED
A,
All real and personal property of every kind and description now or hereafter existing
in any form including bullion and manuscripts but excepting property hereinafter
excluded, owned by the Member or in which the Member has an insurable interest~
held by the Member in' trust, in storage, for repairs or otherwise; held on joint
account with others, specifically including the Member's legal liability therefor: or
for which the Member has assumed or may assume liability or has insured for the
account of others, including charges of every description accruing against the
property of others, provided however, that the/bregoing are included in the values
filed by the Member with the Trust.
Newly Acquired Property. All real and personal property acquired or constructed
the Member during the current coverage period, provided such property is not
otherwise excluded herein, and provided the Member pays the appropriate premi urn
charge for coverage of such property during the current coverage period, prorated
from the date of acquisition or construction.
3 of 18 7/1 '*m
C. Valuable Papers & Electronic Data Processing Media (as specifically provided in
Sections 10A and B).
D. Rental Value and Rental Expense (as defined in Section 10C).
E. Property in Transit (as specifically provided in Section 10D).
F. Extra Expense (as defined in Section 10E).
G. Costs incurred to remove pollutants from land or water at covered premises if the
release, discharge or dispersal is caused by or results from a loss not otherwise
excluded under this coverage agreement. Such costs shall be paid only if reported
to the Trust within 180 days of the date of the loss or the expiration of this coverage
agreement, whichever is earlier.
The most the Trust will pay any single Member under this section for lossc~
occurring in any 12 month period is $25,000.
H. The following miscellaneous costs, if incurred as a result of loss for which coverage
is provided by this coverage agreement:
1. Removal of covered property from locations endangered by any of the perils
covered against hereunder.
2. Removal of all debris of the property covered hereunder.
3. Fire Department service charges.
4. Destruction of property covered hereunder at the order of civil authority at the
time of and for the purpose of preventing the spread of fire.
5. Foam solution or other fire extinguishing materials lost, expended, damaged or
destroyed, including cost to recharge systems.
TERRITORIAL LIMITS
This coverage agreement covers loss occurring anywhere in or in transit between the United
States of America (including Alaska & Hawaii) and Canada.
PERILS
This coverage agreement covers against all physical loss or danaage except as excluded
herein.
4 of 18 7/19C,
8. PROPERTY EXCLUDED
This coverage agreement does not apply to:
A. Land values; Growing crops;
B. Animals (except police dogs as provided under Section 12 below);
C. Aircraft;
Landscaping, berms, dikes, ditches, lagoons, roads, sidewalks, trails, paths and
similar improvements to real property not involving buildings or structures, unless
included in values filed by the Member with the Trust;
Watercraft more specifically insured elsewhere or to any watercraB over 28 i~et in
length;
F. Vehicles designed and licensed lbr highway use;
Money and securities (as defined at Section 1 IF), accounts, bills, currency, deeds.
and evidences of debt (except as hereinafter provided in Section 11);
Property more specifically insured under a contract of Casualty, Transportation.
Ocean or Inland Marine insurance.
Shipments by mail or Parcel Post from the time they pass into the custody of the
Postal Service.
9. PERILS EXCLUDED
This coverage agreement does not apply to:
Loss or damage caused directly or indirectly by: (1) hostile or warlike action in timc
of peace or war, including action in hindering, combating or defending against au
actual, impending or expected attack, (a) by any government or sovereign power (dc
jure or de facto), or by any authority maintaining or using military, naval or air
forces, or (b) by military, naval or air lbrces, or (c) by an agent of any such
government, power, authority or forces, it being understood that any discharge,
explosion or use of any weapon of war employing atomic fission or radioactive
forces shall be conclusively presumed to be such a hostile or warlike action by such
a government, power, authority or forces; (2) insurrection, rebellion, revolution, civil
war, usurped power or action taken by governmental authority in hindering,
combating or defending against such an occurrence; seizure or destruction. under
quarantine or Customs regulations; confiscation by order of any government or
public authority; or risks of contraband or illegal transportation or trade.
5 of 18 7/1
Loss or damage caused by nuclear reaction or nuclear radiation or radioactive
contamination. However, if fire or sprinkler leakage ensues, liability is specifically
assumed for direct loss by such ensuing fire or sprinkler leakage, but not including
any loss due to nuclear reaction, nuclear radiation or radioactive contamination.
C,
Loss or damage to steam boilers, steam pipes, steam turbines or steam engines
caused by explosion, rupture or bursting of such steam boilers, steam pipes, steam
turbines or steam engines (other than explosion of accumulated gases or unconsumed
fuel within the fire box or combustion chamber of any fired vessel or within the flues
or passages which conduct the gases of combustion therefrom); loss or damage
rotating parts of machinery solely caused by centrifugal force of the damaged
machine, unless loss by a peril not excluded ensues, and then the Trust shall only be
liable for such ensuing loss.
Loss directly caused by any Ii'audulent or dishonest act or acts committed by any
the' Mernber's officers, employees, or agents, or persons (except carriers or bailees
hire) to whom the property may be entrusted (except as hereinafter provided), but
excluding resultant physical loss or damage not otherwise excluded.
Loss or damage caused by or resulting from wear and tear, gradual deterioration.
inherent vice, tinless loss by a peril not excluded in this coverage agreement ensues.
and then the Trust shall be liable for only such ensuing loss.
Loss or damage directly and solely caused by processing, repairing, adjusting or
servicing operations, latent defect failure, mechanical breakdown, faulty materials
or workmanship, but not excluding ensuing physical loss or damage. With respect
to buildings or structures under construction, the cost of making good any fault~
workmanship materials, construction or design, unless loss by a peril not excluded
in this coverage agreement ensues, and then the Trust shall be liable only for such
ensuing loss.
Mere disappearance or shortage unless such disappearance or shortage can bc
reasonably shown to have been occasioned by robbery. theft, or larceny.
Except as specifically provided under Section 5G herein, loss, demm~d, claim or suit
arising out of or in any way related to pollution including any cost or expense arising
out of or in any way related to testing fbr, monitoring, cleaning up, removing.
containing, treating, detoxifying, or neutralizing pollution. The Trust shall have no
duty of any kind with respect to any such loss, demand, claim or suit. This exclusion
applies to all coverages under this coverage agreement.
Loss, demand, claim or suit arising out of or related in any way to asbestos or
asbestos-containing materials. The Trust shall have no duty of any kind with respect
to any such loss, demand, claim or suit. This exclusion applies to all coverages under
this coverage agreement.
6 of 18 7/1
10.
J. Loss resulting from date-related computer failure as tbllows:
(1)
Loss resulting directly or indirectly from the failure of any computer, data
processing equipment or media microchip, operating system, microprocessor
(computer chip), integrated circuit or similar device, or any computer software.
whether the property of the insured or not, and whether occurring before, during.
or after the year 2000, that results from the inability to: correctly recognize
date as its true calendar date; capture, save, or retain and/or correctly manipulate.
interpret or process any data or information or command or instruction as a result
of treating any date otherwise than as its true calendar date; and/or capture, save.
retain or correctly process any data as a result of the operation of any command
which has been programmed into any computer software, being a command
which causes the loss of data or the inability to capture, save, retain or correctl?
process such data on or after any date.
(2)
Any costs incurred for the repair or modification of any part of an electronic data
processing system or its related equipment, to correct deficiencies or features ol
logic or operation.
(3)
Loss resulting from the failure, inadequacy, or mallhnction of any advice.
consultation, design evaluation, inspection installation, maintenance, repair or
supervision done by or fbr the insured or done by or for others to determine.
rectify or test, any potential or actual failure, malfunction or inadequacy
described in Section 9J(1),
unless physical loss or damage occm's as a result of a peril not otherwise excluded.
and then this policy shall cover the resulting physical loss or damage, including anx.
covered rental value or extra expense loss arising therefrom.
VALUATION AND BASIS OF RECOVERY
Subject to the Limits of Liability specified in Section 2 of this coverage agreement, or as
otherwise specified by endorsement, the basis of recovery in case of loss shall be as follows:
On books or records, manuscripts, drawings, film, tapes, card index systems and
other records, not to exceed the cost of the blank materials, plus the actual cost ol
labor in transcribing or copying such records;
On tape, disc, drum, cell or other electronic data recording or storage media, not to
exceed the cost of such media in blank form plus the cost of reproducing the data or
programming thereon;
C. Rental Value and Rental Expense:
If any covered building(s) or any part thereof, whether rented at the time of loss or
not, be destroyed or damaged by the perils covered against during the term of this
7 of 18 7I 1
agreement and because of such damage or destruction is rendered wholly or partially
untenantable, the Trust shall be liable under this agreement, subject to the following
conditions and limitations, for rental value or rental expense as provided below:
1. The term Rental Value wherever used in this coverage agreement is defined as
the sum of:
the total anticipated gross rental income from tenant(s) of the covered
buildings and structure(s) and
the amount of any charge(s) assumed by the tenant which would
otherwise be an obligation of the Member, plus
a similar value for that portion occupied by the Member.
In detennining rental income for the purpose of ascertaining the amount of loss
sustained, due consideration shall be given to the experience belbre the loss and
probable experience thereafter had no such loss occurred.
The loss shall be computed from the date of such damage or destruction until
such time as the above described building(s) could, with the exercise of duc
diligence and dispatch, be restored to the same tenantable condition as before the
damage or destruction and not limited by the date of expiration of this coverage
agreement.
2. With respect to buildings and structures leased to or rented by the Member:
a,
This coverage agreement will respond fbr rental expense incurred b~
the Member. Rental expense is defined as expenses in excess
those expenses which would have been incurred had a leased or
rented premises not been damaged or destroyed by any peril covered
under this coverage agreement. Such coverage will apply lbr all
additional expenses incurred during the period of untenantability or
the remainder of the lease if it cannot be terminated prior'
expiration of the lease, whichever period is shorter.
This coverage agreement will serve as rental expense coverage m
those situations where the Member is required under a lease or rental
agreement to maintain such coverage on behalf of any landlord.
D. With respect to property in transit:
The Trust will pay for loss to property shipped by or to the Member by rail or air
carrier, railway or air express, freight forwarders, public or private truckmen
(including vehicles owned or operated by the Member), and including such
shipments while waterborne on ferries or lighters. Coverage applies from the'
time such property leaves the factory, store or warehouse at initial point of
shipment until such property is delivered at its destination, including such
property (when incidental to transportation) while in or on docks, wharves, piers_
bulkheads, depots, stations and platforms, awaiting shipment and after arrival.
8 of 18 7/1 '~
Subject to Section 2E(6) (Limits of Liability), the valuation of the propert?
covered hereunder shall be the actual invoice cost, including prepaid li-eight~
together with such costs and charges as may have accrued and become legalb
due thereon. If there is no invoice, the valuation of the property covered
hereunder shall be the actual cash value of the property covered at point of
destination on the date of loss.
It is agreed the Trust shall pay only such claims for loss or damage as
Member shall be unable to recover, after making reasonable efforts to collect
from the carrier, warehouseman, or bailee responsible therefor (other than
litigation). The Member further agrees that if the carrier, warehouseman
bailee fails to make payment within a reasonable period of time, notice shall b~'
given the Trust prior to the expiration of time for instituting suit against the
carrier, warehouseman or bailee, as provided fi>r in the bill of lading or receipt
Extra Expense--Subject to Section 2E(4) (Limits of Liability), if the real or personal
property covered by this coverage agreement be destroyed or damaged by a covered
peril, occurring during the term of this coverage agreement, so as to necessitate th~~
incurrence of extra expense the Trust shall will pay for such extra expense for the
time, commencing with the date of destruction or damage and not limited by the date
of expiration of this policy, during which the operations shall be affected in
consequence of the damage.
The term Extra Expense shall mean the excess of the total cost during the period ol
indemnity (including extensions thereof) fur the purpose of continuing the Member's
operations over and above the total cost that would normally have been incurred to
conduct the same operations during the same period had no loss occurred. In no
event however, shall the Trust under this clause, be liable for loss of revenue.
On all other property, the basis of recovery shall be the replacement cost value
(without deduction for depreciation) of the property at the time of loss, but not
exceeding the amount which it would cost to repair or replace the property with
material of like kind and quality, subject to the provisions of Section 2. Permission
is granted for the Member to replace the damaged property with any property at the
same site or at another site within the territorial limits of this policy, but recovery is
limited to what it would cost to replace on same site. If property damaged o~
destroyed is not repaired, rebuilt or replaced within a reasonable period after the loss
or damage, the Trust shall not be liable for more than the actual cash value at the time
of loss (ascertained with proper deduction for depreciation) of the property damaged
or destroyed. However, limitations imposed by federal, state or municipal building
codes shall not result in actual cash valuation.
11. CRIME COVERAGE
The Trust will pay the Member for:
9 of 18 7/~
Direct loss of money or securities caused by theft or ti3rgery by any officer
employee or agent of the Member acting alone or in collusion with others. Provided
however, that such losses under Clause A shall be excluded if committed by an3
person known by any elected or appointed officer of the Member to have committed
previous acts of theft, fraud or dishonesty while in the service of the Member, o~
prior thereto if such prior conduct involved money, securities or other propert)
valued at $25,000 or more.
Direct losses caused by the actual destruction, disappearance or wrongful abstraction
of money or securities within or from the Member's premises, or the premises, mghl
depository chute or safe maintained by any bank or trust company. Exclusion 9G,
only as it pertains to "disappearance," does not apply to this subsection.
Direct losses caused by the actual destruction, disappearance or wrongful abstractio~
of money or securities outside the Member's premises, while being conveyed by an
officer, employee, or agent of the Member or an armored motor vehicle compan)
authorized to have custody thereof. Exclusion 9G, only as it pertains
"disappearance," does not apply to this subsection.
Direct losses caused by forgery or alteration of; on or in any check, draB, promissor>
note, bill of exchange or similar written promise, order or direction to pay a st. ln~
certain in money, made or drawn by, or drawn upon the Member, or made or drawn
by one acting as an agent of the Member or purporting to have been made or drawn
as set forth above, including:
1. any check or draft made or drawn in the name of the Member payable
fictitious payee and endorsed in the name of the fictitious payee;
any check or draft procured in a face to fiice transaction with the Member or with
one acting as agent of the Member by anyone impersonating another and made
or drawn payable to the one impersonated and endorsed by anyone other than thc
one impersonated; and
any payroll check, payroll draft or payroll order made or drawn by the Member
payable to bearer as well as to a named payee, and endorsed by anyone other than
the named payee without authority of the payee.
If the Member's bank of deposit, at the request of the Member, shall refZtse to pay
of the foregoing instruments made or drawn as set forth above alleging that the
instruments are forged or altered, and this refusal shall result in suit being brought
against the Member or bank to enforce payment and the Trust shall give its written
consent to the defense of the suit, then any reasonable attorneys' fees, court costs
similar legal expenses incurred and paid by the Member or bank in defense shall be
considered a loss under this Coverage Agreement, and the liability of the Trust
such loss shall be in addition to any other liability under this Coverage Agreement.
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12.
If, at the Member's request, the Trust waives any rights it may have against the bank
upon which the instrument was drawn, the Member and the bank shall assign to the
Trust all of their rights against any other person, firm or corporation.
Provided however, that coverage under Clause D does not apply to loss through
forgery or alteration of, on, or in:
1. any instrument, if such forgery or alteration is committed by any employee of the
Member or by any person in collusion with any employee of the Member; or
2. any registered or coupon obligations issued or purported to have been issued b~
the Member, or any coupons attached thereto or detached therefrom.
Direct losses caused by the intentional taking of money or securities through use ol~
a computer, regardless of where such computer is located, or by:
Fraudulent electronic, telegraphic, cable, teletype or telephone instructions issued
to a financial institution, directing such institution to debit a transfer account and
to transfer, pay or deliver money or securities from such transfer account which
instructions purport to have been transmitted by the Member but were in thct
fraudulently transmitted by someone other than the Member without the
Member's knowledge or consent, or
Fraudulent written instructions (other than those described in Clause D above)
issued to a financial institution directing such institution to debit a transfcr
account and to transfer, pay or deliver money or securities from such transfer
account by use of an electronic funds transfer system at specified intervals or
under specified conditions which instructions purport to have been issued by the
Member but were in fact fraudulently issued, forged or altered by someone other
than the Member without the Member's knowledge or consent.
Provided however, that coverage under Clause E does not apply to loss caused
by an officer, employee or agent of the Member acting alone or in collusion with
others.
For the purposes of this section, "securities" means all negotiable and non-negotiable
instruments or contracts representing either "money"; defined as ctm'ency, coin, bank
notes and bullion; or other property including revenue and other stamps in current
use, tokens coins and tickets.
POLICE DOGS
The Trust will pay the Member for death of, injury to, or theft of, police dogs, subject to the
following terms and conditions:
A. "Injury" means:
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1. Physical injury, whenever and however incurred; and
2. Disease contracted within, and directly caused by, the police dog's use in lax~
enforcement activities on behalf of the Member.
In the event of injury, the Trust will pay for masonable and necessary veterinary care
arising out of such injury. No coverage is provided under this coverage agreemet~t
for routine veterinary care.
No coverage is provided herein for any police dog not shown on the values currentl)
filed by the Member with the Trust, unless such police dog was acquired by the
Member during the coverage period noted above.
The maximum liability of the Trust as to any single police dog during the coverage
period noted above shall be $5,000.
13. LOSS PAYABLE AND ADDITIONAL MEMBER
It is understood and agreed that the Trust will issue Certificates of Coverage under this
coverage agreement to parties, other than the Member, having an interest in this coverage
subject to the following provisions.
Ao
Certificates issued to such other parties as evidence of coverage shall not constitute
additional coverage.
This coverage agreement shall extend to and cover the Iilll insurable interest in the
property covered hereby of such other parties to whom certificates have or will be
issued and to the extent of their insurable interest such other parties shall be
considered as additional Members.
It is understood and agreed that whenever a Member, as part of any design, management or
construction contract, has contracted to procure Builders Risk insurance for or in the name
of, or with loss payable to, any person, firm or corporation, such party shall be deemed as
added to this coverage agreement as an Additional Member.
14. NO CONTROL
This agreement shall not be prejudiced by any act or neglect of the owner of any building ~t
the Member is not the owner thereof, or by any act or neglect, when such act or neglect oI
the owner or occupant is not within the control of the Member or by failure of the Member
to comply with any warranty or condition contained in any form or endorsement attached to
this coverage agreement with regard to any portion of the premises over which the Member
has no control.
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14. BOILER & MACHINERY JOINT LOSS AGREEMENT
In the event of damage to or destruction of property at a location designated in this coverage
agreement and also designated in a boiler and machinery policy(ies), if there is a
disagreement between the Trust and the boiler and machinery insurers with respect to:
whether such damage or destruction was caused by a peril covered against by this
coverage agreement or by an accident insured against by such boiler and machinery
insurance policy(ies), or
the extent of participation of this coverage agreement and of such boiler and
machinery insurance policy(ies) in a loss which is insured against, partially or
wholly, by any or all of said policy(ies);
The Trust shall, upon written request of the Member pay to the Member one-half of the
amount of the loss which is in disagreement, but in no event more than the Trust would have
paid if there had been no boiler and machinery insurance policy(ies) in effect, subject to thc
following conditions:
The amount of the loss which is in disagreement after making provisions fbr any
undisputed claims payable under the said policies and after the amount of the loss is
agreed upon by the Member, the Trust and the insurers, is limited to the minimum
amount remaining payable under either the boiler and machinery policy(ies) or fire
coverage;
The boiler and machinery insurer(s) shall simultaneously pay to the Member one-half
of said amount which is in disagreement;
The payments by the Trust and the insurers hereunder and acceptance of the same bx
the Member signify the agreement of the Trust and the insurers to submit to and
proceed with arbitration within 90 days of such payments. The arbitrators shall bc
three in number, one of whom shall be appointed by the boiler and machinery
insurer(s) and one of whom shall be appointed by the Trust and the third appointed
by the consent of the other two, and the decision by the arbitrators shall be binding
on the Trust and the insurers and that judgment upon such award may be entered in
any court of competent jurisdiction;
D,
The Member agrees to cooperate in co~mection with such arbitration but not
intervene therein;
E,
The provisions of this clause shall not apply unless such other policy issued by the
boiler and machinery insurance company is similarly endorsed; and
Fo
Acceptance by the Member of sums paid pursuant to the provisions of this clause,
including an arbitration award, shall not operate to alter, waive, surrender or in anx
way affect the rights of the Member against any of the insurers or the Trust.
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16. ELECTRICAL INJURY
This coverage agreement is extended to cover against loss resulting fi'om electrical injuD
to electrical equipment or devices covered under this coverage agreement. Electrical InjuD
shall mean a sudden and accidental electrical breakdown of such equipment or devices
caused by electricity, however generated.
17. CONTINGENT LIABILITY FOR THE OPERATION OF BUILDING CODES
The limit for this coverage is included within the limit of liability as described in Section 2
and is not an additional amount of coverage.
In the event loss or damage covered hereunder causes the en£brcement of any law, ordinm~ce,
governmental directive or standard regulating the construction, repair, use, or occupancy
property, the Trust will pay:
A,
The cost of demolishing the undamaged property, including the cost of clearing the
site;
Increased cost of repair or reconstruction of the damaged and undamaged propert):
on the same or another site, limited to the cost that would have been incurred in order
to comply with the minimum requirements of such law or ordinance regulating the
repair or reconstruction of the damaged property on the same site. However, the
Trust shall not be liable for any increased cost of construction loss unless the
damaged property is actually rebuilt or replaced.
18. OFF-PREMISES SERVICE INTERRUPTION
This coverage agreement covers consequential losses or damage to personal property arising
from changes in temperature or humidity due to damage or destruction of'.'
Public utility plants, transfbrmers or switching stations, substations or transformers
(including transmission lines) on or off the premises, furnishing heat, light, power o:
gas to the Member's premises.
Pumping stations or water mains on or off the premises furnishing the water suppl)
to the Member's premises.
Co
Facilities on or off the premises furnishing communication services, including, but
not limited to, communication transmission lines, coaxial cables or microwave radio
relays furnishing telephone, radio or television services to the Member's premises-
19. IMPROVEMENTS AND BETTERMENTS
The term Improvements and Betterments wherever used in this coverage
agreement is defined as fixtures, alterations, installations or additions comprising
14 of 18 7/1 ,c~9
20.
21.
part of the described building and made or acquired at the expense of the Member
exclusive of the rent paid by the Member, but which are not legally subject
removal by the Member.
The word Lease wherever used in this coverage agreement shall mean the lease or
rental agreement, whether written or oral, in effect as of the time of loss.
In the event the Improvements and Betterments are damaged or destroyed during
the term of this coverage agreement by the perils covered against, the liability of the
Trust shall be determined as follows:
1. If repaired or replaced at the expense of the Member within a reasonable mnc
after such loss, the replacement cost as provided under this coverage agreement
If not repaired or replaced within a reasonable time after such loss, the original
cost of the Improvements and Betterments multiplied by the ratio of the'
unexpired term of the lease at the time of loss, including any lease options, to
that at the time Improvements and Betterments were first made or acquired
However, if the lease contains a purchase option in favor of the Named Member.
the Improvements and Betterments shall be valued as the sole personal
property of the Member as if the purchase option had been exercised, without
regard for the term of the existing lease. In no event shall this extension inure to
the benefit of a lessor or a lessee other than the Member.
3. If repaired or replaced at the expense of others for the use of the Member, there
shall be no liability hereunder.
OTHER INSURANCE
If any other insurance or bonds are in effect at the time of loss and which would attach if this
coverage had not been effected, this coverage shall apply only as excess and then only after
all other insurance or bonds have been exhausted. Other insurance shall be deemed to
include liability coverage applying to the Member's legal liability for the property of others
SALVAGE AND RECOVERY CLAUSE
All salvage, recoveries and payments recovered or received prior to a loss settlement under
this coverage agreement shall reduce the loss payable hereunder accordingly. If recovered
or received subsequent to a loss settlement under this coverage agreement, such net amotmts
recovered shall be divided between the interests concerned, i.e., the Member, the Trust, and
any parties participating in the loss, in proportion to their respective interests.
In the event of a total loss to covered property, the Trust shall have the right to salvage the
damaged property and shall retain title thereto upon payment to the Member of the loss
provided under this coverage agreement.
15 of 18 7/19c,
22. PERMITS AND AGREEMENTS
Permission is granted:
For such use of the premises as is usual and incidental to the operations conducted
therein and for existing and increased hazards and for change in use or occupanc.x.,
except as to any specific hazard, use, or occupancy prohibited by the express terms
of this coverage agreement or by any endorsement thereto;
B,
To keep and use all articles and materials, usual and incidental to said operations.
such quantities as the exigencies of the operations require;
For any building(s) or premises to be and remain vacant or unoccupied without limi~
of time;
To construct additions and to make alterations and repairs to building(s) and to erect
new buildings and structures, including temporary structures, materials, equipment
and supplies therefor.
23. SUBROGATION
This coverage shall not be invalidated should the Member waive in writing any or all right
of recovery against any party for loss, provided, however, that in the event the Member
waives only a part of his rights against any particular third party, the Trust shall be
subrogated with respect to all rights of recovery which the Member may retain against anx.
such third party for loss from the perils covered against to the extent that payment theretbr
is made by the Trust, all subject to the following additional provisions:
A. If made before loss has occurred, such agreement may run in favor of any third part?.
If made after loss has occurred, such agreement may run in favor only of a third part.x
falling within one of the following categories:
1. A third party covered under this agreement, or
2. A tenant of the Member, or
3. Officers, Employees or Agents of the Member.
In the event of any payment under this policy, the Trust shall be subrogated to the extent ot
such payment to all the Member's rights of recovery therfor. The Member shall execute all
papers required and shall do anything that may be necessary at the expense of the Trust t~
secure such right. The Trust will act in concert with all other interests concerned, i.e., the
Member and any other company(ies) participating in the payment of any loss as primary or
excess insurers, in the exercise of such rights of recovery. If any amount is recovered as a
result of such proceedings, the net amount recovered after deducting the costs of recovery
16 of 18 7/l 9t}
shall be divided between the interests concerned in the proportion of their respective
interests. if there should be no recovery, the expense of proceedings shall be borne
proportionately by the interests instituting the proceedings.
24. DUTIES IN THE EVENT OF A LOSS
In the event of loss covered hereunder, the Member shall take all measures reasonabl~
necessary to preserve damaged property. Such measures shall not prejudice the rights of the
Member or the Trust as provided under this coverage agreement.
The Member shall provide written notice of loss to the Trust as soon as reasonably possible
25. ABANDONMENT
There shall be no abandonment of property to the Trust under this coverage agreement,
26. PARTIAL PAYMENT CLAUSE
In the event of a loss covered by this coverage agreement, it is understood and agreed the
Trust shall allow a partial payment(s) of claim subject to the coverage agreement provisions
and normal Trust adjustment process. To obtain said partial claim payment, the Member
shall submit a partial proof of loss with supporting documentation. It shall be lawful t:or the
Member to make claim for the actual cost incurred in effecting repairs or replacement, or the
agreed actual cash value of the damaged property. It is further agreed that the coverage
deductible must be satisfied before said partial payment(s) are allowable.
27. COMMENCEMENT OF SUIT CLAUSE
Any suit brought under the terms of this coverage agreement must be commenced within
twelve months of the date that proof of loss is rendered to the Trust, or, in the event thai
either the Member or the Trust makes a written demand for an appraisal then such twelve
month period shall commence with the date of receipt by the Member of written
acknowledgment by the Trust of the filing with it of the award of the appraisers. In the evem
liability is denied by the Trust, then said twelve month period shall commence with the date
of receipt by the Member of written denial of liability.
28. APPRAISAL
In the event of disagreement as to the amount of loss, the same shall be ascertained by twt~
competent and disinterested appraisers, the Member and the Trust each selecting one, and
the two so chosen then selecting a competent and disinterested umpire. The appraisers
together shall then estimate and appraise the loss, stating separately, the value and damage.
and failing to agree, shall submit their differences to the umpire. The award in writing of
two shall determine the amount of such loss. The Trust and the Member shall pay
appraisers respectively selected by them, and shall bear equally the expense of the appraisal
and the umpire.
17 of 18 7/1 ;c~c~
29.
30.
31.
32.
33.
34.
LOSS REINSTATEMENT
It is agreed the amount of coverage hereunder shall not be reduced by the amount of los~,
paid, except as provided herein regarding loss caused by the perils of earthquake and flood
RELEASED BILL OF LADING
This coverage shall not inure directly or indirectly to the benefit of any carrier, nor without
the affirmative consent of the insured to the benefit of any other bailee. The Member ma>
accept, without prejudice to this coverage, the ordinary or released value bills of lading
carriers as provided in their tariffs and Member may waive subrogation against railroads
under Side Track Agreements. Otherwise, the Member agrees not to enter into any special
agreement with carriers or bailees releasing them ti'om their common law or statutor>.
liability. The Trust shall not be liable for any loss or damage which, without its written
consent, has been compromised by the Member in violation of this section.
CIVIL AUTHORITIES
Notwithstanding any other provision of this coverage agreement, it is understood and agreed
that property which is covered hereby is also covered against the risk of damage or
destruction by civil authority during a conflagration and for the purpose of the same provided
that neither such conflagration nor such damage or destruction is caused or contributed to b.v
hostile or warlike action as set forth in Section 9A.
OWNERSHIP
This coverage shall not be invalidated if the property covered hereunder is or becomes
incumbered by a mortgage or trust deed, if foreclosure proceedings be commenced, notice
given of sale of any property covered by this coverage agreement, if contracts of sale are
entered into or if the interest of the Member be other than unconditional or sole ownership.
CANCELLATION
This coverage agreement may be canceled by the Member or the Trust only in accordance
with the Bylaws of the Trust.
ERRORS AND OMISSIONS
No inadvertent error, omission or failure hereunder shall prejudice the Member's right
recovery, but such shall be corrected when discovered.
Chairman, CIS Board of Trustees
July 1, 1999
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