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HomeMy WebLinkAboutCrime Coverage DeclarationsCRIME COVERAGE DECLARATIONS Policy No. 3XZ12057001 ~placement No. 3XZ12057000 -NAMED INSURED AND ADDRESS: CITY OF JEFFERSONVILLE 501 EAST COURT AVE. JEFFERSONVILLE IN 47130 Coverage Form(s) ] B Forgery or Alteration SCHEDULE OF COVERAGES Limit of Insurance EFFECTIVE DATE: 08/06/2002 r~ Deductible [] Self-insured retention C Theft, Disappearance and Destruction: Inside $ 25,000 Outside $ 25,000 D Robbery and Safe Burglary--- Property: Inside O Employee Dishonesty--- Per Loss P Employee Dishonesty--- Per Employee $ 50,000 $25O $250 $ 250 Insurance is only provided for the coverages indicated by an X. Forms: Refer to ZC23941a (1-99) Premium: $ Included CE25395 1-99 CRIME GENERAL PROVISIONS Various provisions in this policy restrict coverage. Read the e~tire policy carefully to determine rights, duties and what is or is not covered. Throughout this policy, the words "you" and "your" refer to the N~med insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Words and phrases in quotation marks are defined in the policy. Unless stated otherwise in any Crime Coverage Form, Declarations or endorsement, the following General Exclusions, General Conditions and General Definitions apply to all Crime Coverage Forms forming part of this policy. GENERAL EXCLUSIONS We will not pay for loss as specified below: Acts Committed by You or Your Partners: Loss resulting from any dishonest or criminal act committed by your or any of your partners whether acting alone or in collusion with other persons. Governmental Action: Loss resulting from seizure or destruction of property by order of governmental authority. Indirect Loss: Loss that is an indirect result of any act or "occurrence" covered by this insurance including, but not limited to loss resulting from: 1. Your inability to realize income that you would have realized had there been no loss of, or loss from damage to Covered Property. 2. Payment of damages of any type for which you are legally liable. But, we will pay compensatory damages arising directly from a loss covered under this insurance. 3. Payment of costs, fees or other expenses you incur in establishing either the existence or the amount of loss under this insurance. Legal Expenses: Expenses related to any legal action. Nuclear: Loss resulting from nuclear reaction, nuclear radiation or radioactive contamination, or any related act or incident. War and Similar Actions: Loss resulting from war, whether or not declared, warlike action, insurrection, rebellion or revolution, or any related act or incident. CE 25310 (9/99) GENERAL CONDITIONS Concealment, Misrepresentation or Fraud: This insurance is void in any case of fraud by you as it relates to this insurance at any time. It is also void if you or any other insured, at any time, iqtentionally conceal or misrepresent a materiai fact concerning: I. Thislinsurance; 2. The Covered Property; 3. You¢ interest in the Covered Property; or 4. A claim under this insurance. Consol!dation - Merger: If throbgh consolidation or merger with, or pumhase of assets of, some other entity: 1. Any ~,additional persons become "employees"; or 2. You: acquire the use and control of any additional "premises"; any insurance afforded for "employees" or "premises" also applies to those additional "employees" and "premises," but only if you: 1. Give us written notice within 30 days thereafter; and 2. Pay us an additional premium. Coverage Extensions Unless stated otherwise in the Coverage Form, our liab!lity under any Coverage Extension is not in addition to the Limit of Insurance applying to the CoVerage or Coverage Section. Discovery Period for Loss: We will'pay only for covered loss discovered no later than one year from the end of the policy period. Duties in the Event of Loss: After y(Ju discover a loss or a situation that may result in loss of, or loss from damage to, Covered Property you must: 1. Notif~ us as soon as possible. Page 1 of 4 Includes copyrighted material of Insurance Services O~ce Inc, with its permission 2. Submit to examination under oath at our request and give us a signed statement of your answers. 3. Give us a detailed, sworn proof of loss within 120 days. 4. Cooperate with us in the investigation and settlement of any claim. Joint Ineured: 1. If more than one Insured is named in the Declarations, the first named Insured will act for itself and for every other Insured for all purposes of this insurance. If the first named Insured ceases to be covered, then the next named Insured will become the first named Insured. 2. If any Insured or partner or officer of that Insured has knowledge of any information relevant to this insurance, that knowledge is considered knowledge of every Insured. $. An "employee" of any Insured is considered to be an "employee" of every insured. 4. If this insurance or any of its coverages is cancelled or terminated as to any Insured, loss sustained by that Insured is covered only if discovered no later than one year from the date of that cancellation or termination. 5. We will not pay more for loss sustained by more than one Insured than the amount we would pay if all the loss had been sustained by one Insured. Legal Action Against Us: You may not bring any legal action against us involving loss: 1. Unless you have complied with all the terms of this insurance; and 2. Until 90 days after you have filed proof of loss with us; and $. Unless brought within 2 years from the date you discover the loss. Liberalization: If we adopt any revision that would broaden the coverage under this insurance without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this insurance. Loss Covered Under More Than One Coverage of This Insurance: If two or more coverages of this insurance apply to the same loss, we will pay the lesser of: t. The actual amount of loss; or 2. The ~um of the limits of insurance applicable to these coverages. Loss Sustained During Prior Insurance 1. If you, or any predecessor in interest, sustained loss during the period of any prior insur, ance that you or the predecessor in interest could have recovered under that insurance except that the time within which to discover loss had expired, we will pay for it under this insurance, provided: a. 'l~is insurance became effective at the time of cancellation or termination of the prior insurance; and b. The loss would have been covered by this insurance had it been in effect when the acts or events causing the loss were c~)mmitted or occurred. 2. The insurance under this Condition is part of, not in addition to, the Limits of Insurance applying to this insurance and is limited to the lesser of the amount recoverable under: a. This insurance as of its effective date; or b. The prior insurance had it remained in effect. Loss Covered Under This Insurance and Prior Insurance Issued by Us or Any Affiliate: If any lobs is covered: 1. Partl,y by this insurance; and 2. Partly by any prior cancelled or terminated insurance that we or any affiliate had issued to you or any predecessor in interest; the mos~t we will pay is the larger of the amount recoverable under this insurance or the prior insurance. Non-Cu'mulation of Limit of Insurance: Regardless of the number of years this insurance remains in force or the number of premiums paid, no Limit of Insurance cumulates from year to year or period to period. Other Insurance: This insurance does not apply to loss recoverable or recovered under other insurance or indemnity. However, if the limit of the other insurance or indemnity is insufficient to cover the entire amount of the loss, this insurance will apply to that part of the loss, other than that falling Within any deductible amount, not recoverable or recovered under the other CE 25310 (9/99) Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission insurance or indemnity. However, this insurance will not apply to the amount of loss that is more than the applicable Limit of Insurance shown in the Declarations. Ownership of Property; Interests Covered: The property covered under this insurance is limited to property: 1. That you own or hold; or 2. For which you are legally liable. However, this insurance is for your benefit only. It provides no rights or benefits to any other person or organization. Policy Period: 1. The Policy Period is shown in the Declarations. 2. Subject to the Loss Sustained During Prior Insurance condition, we will pay only for loss that you sustain through acts committed or events occurring during the Policy Period. Records: You must keep records of all Covered Property so we can verity the amount of any loss. Recoveries: 1. Any recoveries, ]ess the cost of obtaining them, made after settlement of loss covered by this insurance will be distributed as follows: a. To you, until you are reimbursed for any loss that you sustain that exceeds the Limit of Insurance and the Deductible Amount, if any; b. Then to us, until we are reimbursed for the settlement made; c. Then to you, until you are reimbursed for that part of the loss equal to the Deductible Amount, if any. 2. Recoveries do not include any recovery: a. From insurance, suretyship, reinsurance, security or indemnity taken for our benefit; or b. Of original "securities" after duplicates of them have been issued. Territory: This insurance covers only acts committed or events occurring within the United States of America, U. S. Virgin Islands, Puerto Rico, Canal Zone, or Canada. CE 25310 (9/99) Transfer of Your Rights of Recovery Against Others Fo Us: You must transfer to us all your rights of recovery against any person or organization for any loss you sustained and for which we have paid or;settled. You must also do everything necessary to secure those rights and do nothing after loss to impair them. Valuation - Settlement: 1. Subject to the applicable Limit of Insurance provision we will pay for: a. Loss of "money" but only up to and including its face value. We may, at our option, pay for loss of "money" issued by any country other than the United States of America: (1)At face value in the "money" issued by that country; or (2) In the United States of America dollar equivalent determined by the rate of , exchange on the day the loss was discovered. b. L;3ss of "securities" but only up to and ihcluding their value at the close of business on the day the loss was discovered. We may, at our option: (i) Pay the value of such "securities" or replace them in kind, in which event you must assign to us all your rights, title and interest in and to those "securities"; or (2) Pay the cost of any Lost Securities , Bond required in connection with issuing duplicates of the "securities." However, we will be liable only for the payment of so much of the cost of the bond as would be charged for a bond having a penalty not exceeding the lesser of the: (a)Value of the "securities" at the close of business on the day the loss was discovered; or , (b) Limit of Insurance. c. Loss of, or loss from damage to, "property Other than money and securities" or loss from damage to the "premises" for not more than the: (1)Actual cash value of the property on the day the loss was discovered; (2)Cost of repairing the property or . "premises"; or (3)Cost of replacing the property with property of like kind and quality. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission We may, at our option, pay the actual cash value of the property or repair or replace it. If we cannot agree with you upon the actual cash value or the cost of repair or replacement, the value or cost will be determined by arbitration. 2. We may, at our option, pay for loss of, or loss from damage to, property other than "money": a. In the "money" of the country in which the loss occurred; or b. In the United States of America dollar equivalent of the "money" of the country in which the loss occurred determined by the rate of exchange on the day the loss was discovered. $. Any property that we pay for or replace becomes our property. GENERAL DEFINITIONS 1. "Employee" means: a. Any natural person: (1)While in your service (and for 30 days after termination of service); and (2)Whom you compensate directly by salary, wages or commissions; and (3) Whom you have the right to direct and control while performing services for you; or b. Any natural person employed by an employment contractor while that person is subject to your direction and control and performing services for you excluding, however, any such person while having care and custody of property outside the "premises". But "employee" does not mean any: (1)Agent, broker, factor, commission , merchant, consignee, independent contractor or representative of the same general character; or (2) Director or trustee except while performing acts coming within the scope of the usual duties of an employee. "Money" means: a. Currency, coins and bank notes in current use and having a face value; and b. Travelers checks, register checks and money orders held for sale to the public. "Property Other Than Money and Securities" means any tangible property other than "money" and "securities" that has intrinsic value but does not include any property listed in any Crime Coverage Form as Pi'operty Not Covered. "Securities" means negotiable and non- negotiable instruments or contracts representing either "money" or other property and includes: a. Tbkens, tickets, revenue and other s!amps (whether represented by actual stamps or unused value in a meter) in cbrrent use; and b. Evidences of debt issued in connection with credit or charge cards, which cards a['e not issued by you; but d~,oes not include "money". CE 25310 (9/99) Page 4 of 4 Includes copyrighted material of Insurance Services Office, inc., with its permission THEFT, DISAPPEARANCE AND DESTRUCTION COVERAGE FORM (COVERAGE FORM C) COVERAGE We will pay for loss of Covered property resulting directly from the Covered Causes of Loss. Section 1. -- Inside the Premises 1. Covered property: "Money" and "securities" inside the "premises" or a "banking premises." 2. Covered Causes of Loss a. "Theft" b. Disappearance c. Destruction 3. Coverage Extensions a. Containers of Covered Property: We will pay for loss of, and loss from damage to, a locked safe, vault, cash register, cash box or cash drawer located in the "premises" resulting directly from an actual or attempted: (1) "Theft" of; or (2) Unlawful entry into those containers. b. Premises Damage: We will pay for loss from damage to the "premises" or its exterior resulting directly from an actual or attempted "theft" of Covered Property if you are the owner of the "premises" or are liable for damage to it. Section 2. -- Outside the Premises 1. Covered Property: "Money" and "securities" outside the "premises" in the care and custody of a "messenger." 2. Covered Causes of Loss a. "Theft" b. Disappearance c. Destruction :~. Coverage Extension Conveyance of Property by Armored Motor Vehicle Company: We will pay forloss of Covered Property resulting from the Covered Causes of Loss while outside the CE 25311 (9/99) Page 1 of 2 "preMises" in the care and custody of an armored motor vehicle company. But we will pay only for the amount of loss that you cannot recover: a. Under your contract with the armored r~otor vehicle company; and b. Erom any insurance or indemnity carried by, or for the benefit of customers of, the armored motor vehicle company. LIMIT OF INSURANCE The most we will pay for loss in any one "occurrence" is the applicable Limit of Insurance shown in the DECLARATIONS. DEDUCTIBLE We will Inot pay for loss in any one "occurrence" unless the amount of loss exceeds the Deductible Amount shown in the DECLARATIONS. We will then pay the amount of loss in excess of the Deductible Amount, up to the Limit of Insurance. In the event more than one Deductible Amount could apply to the loss, only th~ highest Deductible Amount may be applied. ADDITIONAL EXCLUSIONS, CONDITIONS AND DEFINITIONS In addition to the provisions in the Crime General' Provisions, this Coverage Form is subject to the following: Additional Exclusions: We will hot pay for loss as specified below: 1. Accounting or Arithmetic Errors or OmiSsions: Loss resulting from accounting or arithmetic errors or omissions. 2. Acts of Employees, Directors, Trustees or Representatives: Loss resulting from any dishonest or criminal act committed by any of your "employees," directors, trustees or authorized representatives: a. A~fing alone or in collusion with other persons; or b. While performing services for you or otherwise. Includes copyrighted material of Insurance Services Office, Inc., with its permission 3. Exchanges or Purchases: Loss resulting from the giving or surrendering of property in any exchange or purchase. 4. Fire: Loss from damage to the "premises" resulting from fire, however caused. 5. Money Operated Devices: Loss of property contained in any money operated device unless the amount of "money" deposited in it is recorded by a continuous recording instrument in the device. 6. Transfer or Surrender of Property a. Less of property after it has been transferred or surrendered to a person or place outside the "premises" or "banking premises": ('1) On the basis of unauthorized instructions; or (2) as a result of a threat to do: (a) Bodily harm to any person; or (b) Damage to any property. b. But this exclusion does not apply under COVERAGE, Section 2. to loss of Covered Property white outside the "premises" or "banking premises" in the care and custody of a "messenger" if you: (1) Had no knowledge of any threat at the time the conveyance began; or (2) Had knowledge of a threat at the time the conveyance began, but the loss was not related to the threat. 7. Vandalism: Loss from damage to the "premises" or its exterior or to containers of Covered Property by vandalism or malicious mischief. 8. Voluntary Parting of Title to or Poss~ession of Property: Loss resulting from 'your, or anyone acting on your express or implied authority, being induced by any dishdnest act to voluntarily part with the title to or 'possession of any property. Additiohal Condition Duties in the Event of Loss: If you have reason to believe that any loss of, or loss from damage to, Covered Property involves a vio~lation of law, you must notify the police. Additiohal Definitions 1. "Banking Premises" means the interior of that portion of any building occupied by a bank!ng institution or similar safe depository. 2. "MeSsenger' means you, any of your partners or any "employee" while having care and custody of the property outside the "premises." 3. "OcCurrence" means an: a. Abt or series of related acts involving one or more persons; or b. A~t or event, or a series of related acts or e~,ents not involving any person. 4. "Premises" means the interior of that portion of any building you occupy in conducting your business. 5. "Theft" means any act of stealing. CE 25311 (9/99) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission COVERAGE PUBLIC EMPLOYEE DISHONESTY C,OVERAGE FORM (COVERAGE FORM O~PER~,LOSS) We will pay loss of, and loss from damage to, Covered Property resulting directly from the Covered Cause of Loss. 1. Covered Property: "Money," "securities," and "property other than money and securities." 2. Covered Cause of Loss: "Employee dishonesty." 3. Coverage Extension Employees Temporarily Outside Coverage Territory: We will pay for loss caused by an "employee" while temporarily outside the territory specified in the Territory General Condition for a period not more than 90 days. LIMIT OF INSURANCE The most we will pay for loss in any one "occurrence" is the applicable Limit of Insurance shown in the Declarations. DEDUCTIBLE 1. We will not pay for loss in any one "occurrence" unless the amount of loss exceeds the Deductible Amount shown in the Declarations. We will then pay the amount of loss in excess of the Deductible Amount, up to the Limit of Insurance. 2. You must: a. Give us notice as soon as possible of any loss of the type insured under this Coverage Form even though it falls entirely within the Deductible Amount. b. Upon our request, give us a statement describing the loss. a. I~mployee Cancelled Under Prior Insurance: loss caused by any "~mployee" of yours, or predecessor in interest of yours, for whom similar prior insurance has been cancelled and not reinstated since the last such cancellation. b. Inventory Shortages: loss, or that part of any loss, the proof of which as to its ~xistence or amount is dependent upon: (1) An inventory computation; or (2) A profit and loss computation. c. Bonded Employee: loss caused by any "employee" required by law to be bonded. d. i'reasurer or Tax Collector: loss ~aused by a treasurer or tax collector by whatever name known. e. ,Damages: damages for which you are legally liable as a result of: (1) The deprivation or violation of the civil rights of any person by an i "employee"; or (2) The tortious conduct of an ~ "employee," except conversion of property of other parties held by you ~ in any capacity. Additional Conditions: a. ,Cancellation as to Any Employee: ~-his insurance is cancelled as to any "employee": [1) Immediately upon discovery by you or any official or employee authorized to manage, govern or control your employees, of any dishonest act committed by that "employee" whether before or after becoming employed by you. (2)On the date specified in a notice mailed to you. That date will be at least 30 days after the date of mailing. The mailing of notice to you at the last mailing address known to us will be isufficient proof of notice. Delivery of notice is the same as mailing. ADDITIONAL EXCLUSIONS, CONDITIONS AND DEFINITIONS: in addition to the provisions in the Crime General Provisions, this Coverage Form is subject to the following: 1. Additional Exclusions: We will not pay for loss or damages as specified be[ow: CE 25313 (9/99) Page 1 of 2 b. Sole Benefit: This insurance is for your sole benefit. No legal proceeding of any kind to recover on account of loss under this coverage may be brought by anyone other than you. c. Indemnification: We will indemnify any of your officials who are required by law to give bonds for the faithful performance of their service against loss through dishonest acts of persons who serve under them, subject to the Limit of Insurance. 3. Additional Definitions a. "Employee Dishonesty" in paragraph 2. COVERAGE Section, means only dishonest acts committed by an "employee," whether identified or not, a~ting alone or in collusion with other persons, with the manifest intent to: (1) Cause you to sustain loss; and also (2)Obtain financial benefit (other than employee benefits earned in the normal course of employment, including: salaries, commissions, fees, bonuses, promotions, awards, profit sharing, or pensions) for: (a) The "employee"; or (b)Any person or organization intended by the "employee" to receive that benefit. b. '~Occurrence" means all loss caused by, or involving, one or more "employees", whether the result of a single act or series of acts. CE 25313 (9/99) Page 2 of 2 ENDORSEMENT NO, A~I'ACHED TO AND ENDORSEMENT EFFECTtVE FORMING A PART OF (Standard Time) I INSURED AGENCY AND CODE POLICY NUMBER MO. DAY YR. 12:01 NOON THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE DEFINITION AMENDMENT This endorsement modifies insurance provide~ under the following: CRIME GENERAL PROVlSli~NS The GENERAL DEFINITIONS Section is amended as follows: Paragraph 'l.b.(3) of the definition of "Employee" is added: But "employee" does not mean any: (3) Person while in the employ of the insured who is required by law to furnish an individual bond to qualify for office and who is a member of the staff or personnel, either elected or appointed, of the insured. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED AUTHORIZED REPRESENTATIVE CE 25308 (9/99) DATE ENDORSEMENT NO. A~I'ACHED TO AND ENDORSEMENT EFFECTIVE FORMING A PART OF (Standard Time) i INSURED AGENCY AND CODE POLICY NUMBER MO. DAY YR. 12:01 NOON ~ A.M. ~ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VOLUNTEER WORKERS, OTHER THAN FUND SOLICITORS, AS EMPLOYEES This endorsement modifies insurance prov ded under the fo owing: CRIME GENERAL PROVISIONS The GENERAL DEFINITIONS section is amended as follows: The definition of "Employee" is deleted in its entirety and replaced by the following: 1. "Employee" means: a. Any natural person: (1)While in your service (and for 30 days after termination of service); and (2)Whom you compensate directly by salary, wages or commissions; and (3)Whom you have the right to direct and control while performing services for you; or b. Any natural person employed by an employment contractor while that person is s~bject to your direction and control and p~rforming services for you excluding, however, a~y such person while having care and custody of property outside the "premises". Blur "employee" does not mean any: ('i) Agent, broker, factor, commission merchant, consignee, independent contractor or representative of the same general character; or (2) Director or trustee except while performing ~ acts coming within the scope of the usual I duties of an employee. c. ,~ny non-compensated natural person, other titian one who is a fund solicitor, while p~rforming services for you that are usual to the duties of an "employee". ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED AUTHORIZED REPRESENTATIVE CE 25322 (9/99) DATE