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HomeMy WebLinkAboutCORRESPONDENCE - RFP - 8653 DEFENSE COUNSELMarch 23, 2020 Cummings & Petrone, LLC Attn: Nicholas Cummings 417 W. Mountain Ave. Fort Collins, CO 80521 RE: Contract Renewal, 8653 Defense Counsel - Cummings & Petrone, LLC Dear Mr. Cummings: The City of Fort Collins wishes to extend the agreement term for the above captioned proposal per the existing terms and conditions and the following: 1) The term will be extended for one (1) additional year, April 1, 2020 through March 31, 2021. If the renewal is acceptable to your firm, please sign this letter in the space provided and include a current copy of insurance certificate naming the City as an additional insured for General and Automotive Liability within the next fifteen (15) days. If this extension is not agreeable with your firm, we ask that you send us a written notice stating that you do not wish to renew the contract and state the reason for non-renewal. Please contact Ed Bonnette, C.P.M., CPPB, Senior Buyer at (970) 416-2247 if you have any questions regarding this matter. Sincerely, Gerry S. Paul Director of Purchasing __________________________________________ ________________ Signature Date (Please indicate your desire to renew 8653 by signing this letter and returning it to Purchasing Division within the next fifteen days.) GSP:kr Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707- fax fcgov.com/purchasing DocuSign Envelope ID: F623A06D-54B4-40C1-B114-98448E550FE4 3/23/2020 October 21, 2019 Mr. Nicholas G. Cummings Cummings and Petrone 417 W. Mountain Ave. Fort Collins, CO 80521 Dear Mr. Cummings: I have enjoyed working with your firm over the past year to provide protection for your law firm. Enclosed you will find your professional liability insurance policy. You will also find the additional Cyber and/or EPLI policies you purchased. Please take a moment to review your policy information and let me know if you have any questions regarding coverage. As always, I am available to you at any time should you have questions or require more information about the other exclusive benefits available to ALPS policyholders, many of which can be accessed through your firm’s Account Center. I encourage you to log into your ALPS Account Center at www.alpsnet.com/account to review all of the features available to you. As a reminder, your Login is: CUMMINGSPETRONE. If you don’t remember your password, click “Forgot Password” on the login page and it will be retrieved. Our claims department is comprised entirely of licensed attorneys who are here to assist you in the event of a claim or potential claim. If your firm becomes aware of facts or circumstances that may be the basis of a claim, you must notify ALPS in writing pursuant to the provisions of the policy. Early intervention may help resolve issues before they become full-fledged claims. Thank you again for continuing to choose ALPS as your firm’s carrier. I look forward to working with you in the coming year. Please don’t hesitate to call on me at any time if you have questions. Sincerely, Tanya Matoon Account Manager Authorized Representative ALPS Property & Casualty Insurance Company DocuSign Envelope ID: F623A06D-54B4-40C1-B114-98448E550FE4 Lawyers Professional Liability Insurance Policy ALPS DEC LPL (01-18) Page 1 of 1 POLICY DECLARATIONS NOTICE: THE POLICY IS A CLAIMS MADE AND REPORTED POLICY. NO COVERAGE EXISTS UNDER THE POLICY FOR A CLAIM WHICH IS FIRST MADE AGAINST THE INSURED OR FIRST REPORTED TO THE COMPANY BEFORE OR AFTER THE POLICY PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD. PLEASE READ THE ENTIRE POLICY CAREFULLY. POLICY NUMBER: ALPS22404- 2 Item 1 – Named Insured: Cummings and Petrone Address: 417 W. Mountain Ave. Fort Collins, CO 80521 Item 2 – Retroactive Coverage Date: 10/26/2017 Item 3 – Name of Each Insured Attorney: Cummings, Nicholas G. Petrone, Joseph Item 4 – Policy Period: Effective Date and Time: 10/26/2019 at 12:01 AM at the address stated in Item 1. Expiration Date and Time: 10/26/2020 at 12:01 AM at the address stated in Item 1. Item 5 – Limit of Liability: $1,000,000 Each Claim* $1,000,000 Aggregate Item 6 – Deductible: $5,000 Each Claim* Item 7 – Annual Premium: $2,576 Item 8 – Endorsements attached at inception of the policy form LPL PREFERRED (01-18): Signature Page CO Amendatory * Important Notice: All Claims that arise out of or in connection with the same Professional Services or Related Professional Services, whenever made and without regard to the number of Claims, claimants, or implicated Insureds, shall be treated as a single Claim. All current and previously submitted application forms delivered to the Company are made a part of the Policy. The Named Insured may obtain a copy of all application forms by submitting a written request to the Company. Countersigned by: Date: October 21, 2019 Authorized Representative HOME OFFICE ADDRESS: 111 N. Higgins, Suite 600 Missoula, MT 59802 PHONE: (800) 367-2577 MAILING ADDRESS: PO Box 9169 Missoula, MT 59807-9169 DocuSign Envelope ID: F623A06D-54B4-40C1-B114-98448E550FE4 Lawyers Professional Liability Insurance Policy ALPS LPL SIG (01-18) Page 1 of 1 Named Insured: Cummings and Petrone Policy No. ALPS22404- 2 Effective Date: 10/26/2019 SIGNATURE PAGE IN WITNESS WHEREOF, ALPS Property & Casualty Insurance Company has caused this Policy to be executed and attested, but this Policy shall not be valid unless countersigned by a duly authorized representative of ALPS Property & Casualty Insurance Company. [_____________________________________] [_____________________________________] [David A. Bell, President] [Bradley D. Dantic, Secretary] DocuSign Envelope ID: F623A06D-54B4-40C1-B114-98448E550FE4 Lawyers Professional Liability Insurance Policy Endorsement LPL-CO-SAE (01-18) Page 1 of 1 COLORADO AMENDATORY ENDORSEMENT This Endorsement shall apply to and form a part of your Policy issued by ALPS Property & Casualty Insurance Company (the “Company”). The effective date of this endorsement is the Effective Date of your Policy. In consideration of the premium paid, it is understood and agreed that the Policy is amended as follows: SECTION 6 - GENERAL CONDITIONS The Section entitled “CANCELLATION OR NON-RENEWAL” set forth in Section 6 of the Policy is deleted in its entirety and replaced to read in its entirety as follows: CANCELLATION OR NON-RENEWAL 1. The Named Insured may cancel the Policy by surrendering the Policy to the Company (or an authorized representative of the Company), or by written notice to the Company stating the date on which the Named Insured proposes that the cancellation will be effective. In the event the Named Insured cancels the Policy, the Company shall be entitled to retain the customary “short rate” portion of the premium. 2. If this Policy has been in effect for sixty (60) days or less, and is not a renewal of a Policy previously issued by the Company, the Company may cancel this Policy by mailing or delivering to the Named Insured via certified mail, at the last mailing address known by the Company, advance written notice of cancellation at least ten (10) days before the effective date of cancellation if cancellation is for nonpayment of premium, and thirty (30) days before the effective date of cancellation if cancellation is for any other reason. 3. If this Policy has been in effect for more than sixty (60) days, the Company may cancel this Policy only for one of the following reasons: (a) nonpayment of premium; (b) a false statement knowingly made on the application for insurance; or (c) a substantial change in the exposure or risk other than that indicated in the application and underwritten as of the effective date of this Policy unless the Insureds have notified the Company of the change and the Company accepts such change. 4. Written notice of cancellation shall be mailed by at least first class mail to the Named Insured at the principal address shown in Item 1 of the Declarations. Notice of cancellation shall be provided at least ten (10) days before the effective date of cancellation if the Company is canceling this Policy for nonpayment of premium. Notice of cancellation shall be provided at least forty-five (45) days before the effective date of cancellation if this Policy is cancelled for the reasons listed in items (b) or (c) of the immediately preceding paragraph number 3 above. Proof of mailing of notice of cancellation shall be sufficient proof of notice and the effective date of cancellation stated in the notice will become the end of the Policy Period. Delivery of written notice either by the Named Insured or by the Company shall be equivalent to mailing. 5. In the event the Company cancels this Policy for any reason, it will compute earned premium on a pro rata basis. The Company may make any resultant premium adjustments at the time cancellation is effective, or as soon thereafter as is practicable. However, the payment or tender of unearned premium is not a condition of or a pre-requisite to cancellation of the Policy. 6. If the Company decides to nonrenew this Policy, the Company shall mail or deliver written notice of nonrenewal by at least first class mail to the Named Insured at its last known address at least forty-five (45) days before the end of the Policy Period. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. DocuSign Envelope ID: F623A06D-54B4-40C1-B114-98448E550FE4 ALPS DEC EPL (01-18) Page 1 of 1 HOME OFFICE ADDRESS: 111 N. Higgins, Suite 600 Missoula, MT 59802 PHONE: (800) 367-2577 MAILING ADDRESS: PO Box 9169 Missoula, MT 59807-9169 EMPLOYMENT PRACTICES LIABILITY INSURANCE POLICY DECLARATIONS NOTICE: THIS IS A CLAIMS MADE AND REPORTED POLICY. NO COVERAGE EXISTS UNDER THE POLICY FOR A CLAIM WHICH IS FIRST MADE AGAINST THE INSURED OR FIRST REPORTED TO THE COMPANY BEFORE OR AFTER THE POLICY PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD. PLEASE READ THE POLICY CAREFULLY AND DISCUSS THE COVERAGE UNDER THE POLICY WITH YOUR INSURANCE ADVISOR. POLICY NUMBER: EPLI22404- 1 Item 1. NAMED INSURED: Cummings and Petrone ( ) Individual ( ) Partnership ( ) Corporation ( ) Association ( ) Other Item 2. POLICY PERIOD: 10/26/2019 - 10/26/2020 at 12:01AM. (Standard Time at YOUR address shown below). Item 3. ADDRESS: 417 W. Mountain Ave. Fort Collins, CO 80521 Item 4. LIMIT OF LIABILITY (INCLUDES COST OF DEFENSE): a) Each Insured Event Limit $100,000 b) Aggregate Limit of Liability $100,000 Item 5. SELF INSURED RETENTION (INCLUDES COST OF DEFENSE): Any One Insured Event $5,000 Item 6. PRIOR KNOWLEDGE DATE: 10/26/2018 Item 7. RETROACTIVE DATE: 10/26/2018 Item 8 PREMIUM: $140.00 Item 9 Endorsements Effective At Inception for ALPS EPL (01-18): 1. ALPS-END-NUC (01-18) – Nuclear Incident Exclusion 2. ALPS-END-RAD (01-18) – Radioactive Contamination Exclusion 3. ALPS SIG (01-18) 4. EPL-END-CO-SAE All current and previously submitted application forms delivered to the Company are made a part of the policy. The Named Insured may obtain a copy of all application forms by submitting a written request to the Company. Countersigned by: Date: October 21, 2019 Authorized Representative DocuSign Envelope ID: F623A06D-54B4-40C1-B114-98448E550FE4 Property & Casualty Insurance Company ALPS SIG (01-18) Page 1 of 1 Named Insured: Cummings and Petrone Policy No. EPLI22404- 1 Effective Date: 10/26/2019 SIGNATURE PAGE IN WITNESS WHEREOF, ALPS Property & Casualty Insurance Company has caused this Policy to be executed and attested, but this Policy shall not be valid unless countersigned by a duly authorized representative of ALPS Property & Casualty Insurance Company. [_____________________________________] [_____________________________________] [David A. Bell, President] [Bradley D. Dantic, Secretary] DocuSign Envelope ID: F623A06D-54B4-40C1-B114-98448E550FE4 Property & Casualty Insurance Company ALPS-END-NUC (01-18) Page 1 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR INCIDENT EXCLUSION CLAUSE-LIABILITY-DIRECT (BROAD) (U.S.A.) For attachment to insurances of the following classifications in the U.S.A., its Territories and Possessions, Puerto Rico and the Canal Zone: This Policy* does not apply: I. Under any Liability Coverage, to injury, sickness, disease, death or destruction: (a) with respect to which an insured under the Policy 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, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (b) resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the insured is, or had this Policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. II. Under any Medical Payments Coverage, or under any Supplementary Payments Provision relating to immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. III. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if: (a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (2) has been discharged or dispersed therefrom; (b) 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 an insured; or DocuSign Envelope ID: F623A06D-54B4-40C1-B114-98448E550FE4 Property & Casualty Insurance Company ALPS-END-NUC (01-18) Page 2 of 3 (c) the injury, sickness, disease, death or destruction arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the 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 exclusion (c) applies only to injury to or destruction of property at such nuclear facility. IV. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or by-product material; "source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act 1954 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 by-product material and (2) resulting from 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 reactor, (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, DocuSign Envelope ID: F623A06D-54B4-40C1-B114-98448E550FE4 Property & Casualty Insurance Company ALPS-END-NUC (01-18) Page 3 of 3 and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property. It is understood and agreed that, except as specifically provided in the foregoing to the contrary, this clause is subject to the terms, exclusions, conditions and limitations of the Policy to which it is attached. * NOTE: As respects policies which afford liability coverages and other forms of coverage in addition, the words underlined should be amended to designate the liability coverage to which this clause is to apply. DocuSign Envelope ID: F623A06D-54B4-40C1-B114-98448E550FE4 Property & Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE-LIABILITY-DIRECT (U.S.A.) For attachment (in addition to the appropriate Nuclear Incident Exclusion Clause-Liability-Direct) to liability insurances affording worldwide coverage. In relation to liability arising outside the U.S.A., its Territories or Possessions, Puerto Rico or the Canal Zone, this Policy does not cover any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. ALPS-END-RAD (01-18) DocuSign Envelope ID: F623A06D-54B4-40C1-B114-98448E550FE4 COLORADO AMENDATORY ENDORSEMENT This Endorsement shall apply to and form a part of your Policy issued by ALPS Property & Casualty Insurance Company. The effective date of this Endorsement is the effective date of your Policy. In consideration of the premium paid, it is understood and agreed that the Policy is amended as follows: SECTION VIII. CONDITIONS Paragraph F. Cancellation or Non-Renewal of SECTION VIII. CONDITIONS is deleted in its entirety and replaced with the following: F. Cancellation and Nonrenewal The Named Insured may cancel this Policy at any time by surrendering this Policy to us or by mailing to us written notice stating when such cancellation shall be effective. In the event the Named Insured cancels the Policy, we shall be entitled to retain the customary “short rate” portion of the premium. If this Policy has been in effect for sixty (60) days or less, and is not a renewal of a Policy previously issued by us, we may cancel this Policy by mailing or delivering to the Named Insured via certified mail, at the last mailing address known by us, advance written notice of cancellation at least ten (10) days before the effective date of cancellation if cancellation is for nonpayment of premium, and thirty (30) days before the effective date of cancellation if cancellation is for any other reason. If this Policy has been in effect for more than sixty (60) days, we may cancel this Policy only for one of the following reasons: 1. nonpayment of premium; 2. a false statement knowingly made on the application for insurance; or 3. a substantial change in the exposure or risk other than that indicated in the application and underwritten as of the effective date of this Policy unless the Insureds have notified us of the change and we accept such change. Written notice of cancellation shall be mailed by at least first class mail to the Named Insured at the principal address shown in Item 1 of the Declarations. Notice of cancellation shall be provided at least ten (10) days before the effective date of cancellation if we are canceling this Policy for nonpayment of premium. Notice of cancellation shall be provided at least forty-five (45) days before the effective date of cancellation if this Policy is cancelled for the reasons listed in 2. or 3. above. Proof of mailing of notice of cancellation shall be sufficient proof of notice and the effective date of cancellation stated in the notice will become the end of the Policy Period. Delivery of written notice either by the Named Insured or by us shall be equivalent to mailing. If we cancel, earned Premium shall be computed pro rata. Premium adjustment may be made at the time cancellation becomes effective, but payment or tender of unearned Premium is not a condition of cancellation. If we decide to nonrenew this Policy, we shall mail or deliver written notice of nonrenewal by at least first class mail to the Named Insured at its last known address at least forty-five (45) days before the end of the Policy Period. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. EPL-END-CO-SAE (06/13) Page 1 of 1 DocuSign Envelope ID: F623A06D-54B4-40C1-B114-98448E550FE4 ALPS DEC CYBER (01-18) Page 1 of 2 HOME OFFICE ADDRESS: 111 N. Higgins, Suite 600 Missoula, MT 59802 PHONE: (800) 367-2577 MAILING ADDRESS: PO Box 9169 Missoula, MT 59807-9169 POLICY DECLARATIONS NOTICE: THIS IS A CLAIMS MADE AND REPORTED POLICY. NO COVERAGE EXISTS UNDER THE POLICY FOR A CLAIM, WHICH IS FIRST MADE AGAINST THE INSURED OR FIRST REPORTED TO US BEFORE OR AFTER THE POLICY PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD. INSURING AGREEMENTS 1., 3., 4. AND 5. SET FORTH IN SECTION I OF THIS POLICY PROVIDE COVERAGE ON A CLAIMS MADE AND REPORTED BASIS AND APPLY ONLY TO “CLAIMS” FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD OR OPTIONAL EXTENSION PERIOD, IF APPLICABLE, AND FIRST REPORTED TO US DURING THE POLICY PERIOD OR AS OTHERWISE PROVIDED IN SECTION VII. AMOUNTS INCURRED AS “CLAIMS EXPENSES” UNDER THIS POLICY SHALL REDUCE AND MAY EXHAUST THE LIMIT OF LIABILITY AND ARE SUBJECT TO RETENTIONS. INSURING AGREEMENTS 2., 6., 7., 8., 9. AND 10. SET FORTH IN SECTION I OF THIS POLICY PROVIDE FIRST PARTY COVERAGE ON AN INCIDENT DISCOVERED AND REPORTED BASIS AND APPLY ONLY TO INCIDENTS FIRST DISCOVERED BY THE INSURED AND FIRST REPORTED TO THE UNDERWRITERS DURING THE “POLICY PERIOD”. Policy Number: CYBR22404- 1 Item 1. Named Insured: Cummings and Petrone Address: 417 W. Mountain Ave. Fort Collins, CO 80521 Item 2. Policy Period: From: 10/26/2019 To: 10/26/2020 Both dates at 12:01 a.m. Local Time at the Address stated in Item 1. Item 3. Policy Aggregate Limit of Liability for all Insuring Agreements, but subject to the applicable aggregate sublimits of liability listed below: Applicable Aggregate Sublimit of Liability for Insuring Agreement: 1. Information Security and Privacy Liability 3. Regulatory Defense & Penalties 4. Website Media and Content Liability 5. PCI Fines, Expenses and Costs 6. Cyber Extortion 7. First Party Data Protection 8. First Party Network Business Interruption 9. Fraudulent Instruction 10. Electronic Crime Note: All sublimits of liability are part of, and not in addition to, the Policy Aggregate Limit of Liability Liability Retention Per “Claim”, Incident, or Loss for Insuring Agreement: 6. Cyber Extortion 7. First Party Data Protection 8. First Party Network Business Interruption 9. Fraudulent Instruction 10. Electronic Crime All other Insuring Agreements $100,000 $100,000 $50,000 $100,000 $5,000 $10,000 $10,000 $10,000 $10,000 ALPS DEC CYBER (01-18) Page 2 of 2 Limit of Liability for Insuring Agreement 2 - Privacy Breach Response Services: “Computer Expert Services”, “Legal Services” and “Public Relations and Crisis Management Expenses” Notified Individuals - “Notification Services”, “Call Center Services” and “Breach Resolution and Mitigation Services” Retention for Insuring Agreement 2 - Privacy Breach Response Services: “Computer Expert Services”, “Legal Services” and “Public Relations and Crisis Management Expenses”: Notified Individuals Threshold: $50,000 per Incident and in Aggregate 10,000 Individuals in Aggregate $0 each Incident 0 Notified Individuals Item 4. Premium: (plus applicable taxes and fees): $100.00 Item 5. Retroactive Date: 10/26/2018 Item 6. Extended Reporting Period: Premium for Extended Reporting Period: Length of Extended Reporting Period: 100% of the premium for the Policy 1 year Item 7. Endorsements Effective At Inception for ALPS CYBER (01-18): 1. ALPS-END-NUC (01-18) 2. ALPS-END-RAD (01-18) 3. ALPS SIG (01-18) 4. CYBER-END- CO -SAE (01/18) NOTICE: All current and previously submitted application forms delivered to the Underwriters are made a part of the Policy. The Named Insured may obtain a copy of all application forms by submitting a written request to the Underwriters. Countersigned by: Date: October 21, 2019 Authorized Representative DocuSign Envelope ID: F623A06D-54B4-40C1-B114-98448E550FE4 Property & Casualty Insurance Company ALPS SIG (01-18) Page 1 of 1 Named Insured: Cummings and Petrone Policy No. CYBR22404- 1 Effective Date: 10/26/2019 SIGNATURE PAGE IN WITNESS WHEREOF, ALPS Property & Casualty Insurance Company has caused this Policy to be executed and attested, but this Policy shall not be valid unless countersigned by a duly authorized representative of ALPS Property & Casualty Insurance Company. [_____________________________________] [_____________________________________] [David A. Bell, President] [Bradley D. Dantic, Secretary] DocuSign Envelope ID: F623A06D-54B4-40C1-B114-98448E550FE4 Property & Casualty Insurance Company ALPS-END-NUC (01-18) Page 1 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR INCIDENT EXCLUSION CLAUSE-LIABILITY-DIRECT (BROAD) (U.S.A.) For attachment to insurances of the following classifications in the U.S.A., its Territories and Possessions, Puerto Rico and the Canal Zone: This Policy* does not apply: I. Under any Liability Coverage, to injury, sickness, disease, death or destruction: (a) with respect to which an insured under the Policy 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, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (b) resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the insured is, or had this Policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. II. Under any Medical Payments Coverage, or under any Supplementary Payments Provision relating to immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. III. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if: (a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (2) has been discharged or dispersed therefrom; (b) 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 an insured; or DocuSign Envelope ID: F623A06D-54B4-40C1-B114-98448E550FE4 Property & Casualty Insurance Company ALPS-END-NUC (01-18) Page 2 of 3 (c) the injury, sickness, disease, death or destruction arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the 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 exclusion (c) applies only to injury to or destruction of property at such nuclear facility. IV. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or by-product material; "source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act 1954 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 by-product material and (2) resulting from 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 reactor, (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, DocuSign Envelope ID: F623A06D-54B4-40C1-B114-98448E550FE4 Property & Casualty Insurance Company ALPS-END-NUC (01-18) Page 3 of 3 and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property. It is understood and agreed that, except as specifically provided in the foregoing to the contrary, this clause is subject to the terms, exclusions, conditions and limitations of the Policy to which it is attached. * NOTE: As respects policies which afford liability coverages and other forms of coverage in addition, the words underlined should be amended to designate the liability coverage to which this clause is to apply. DocuSign Envelope ID: F623A06D-54B4-40C1-B114-98448E550FE4 Property & Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE-LIABILITY-DIRECT (U.S.A.) For attachment (in addition to the appropriate Nuclear Incident Exclusion Clause-Liability-Direct) to liability insurances affording worldwide coverage. In relation to liability arising outside the U.S.A., its Territories or Possessions, Puerto Rico or the Canal Zone, this Policy does not cover any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. ALPS-END-RAD (01-18) DocuSign Envelope ID: F623A06D-54B4-40C1-B114-98448E550FE4 CYBER-END-CO-SAE (01/18) Page 1 of 1 COLORADO AMENDATORY ENDORSEMENT This Endorsement shall apply to and form a part of your Policy issued by ALPS Property & Casualty Insurance Company. The effective date of this Endorsement is the effective date of your Policy. In consideration of the premium paid, it is understood and agreed that the Policy is amended as follows: Section XIV, CANCELLATION AND NONRENEWAL, is deleted in its entirety and replaced with the following: XIV. CANCELLATION AND NONRENEWAL 1. This Policy may be cancelled by the “Named Insured” at any time by surrender thereof to the Underwriters or by mailing or delivering to the Underwriters written notice stating when the cancellation shall be effective. 2. If this Policy has been in effect for sixty (60) days or less, and is not a renewal of a Policy previously issued by the Underwriters, the Underwriters may cancel this Policy by mailing or delivering to the “Named Insured” via certified mail, at the last mailing address known by the Underwriters, advance written notice of cancellation at least ten (10) days before the effective date of cancellation if cancellation is for nonpayment of premium, and thirty (30) days before the effective date of cancellation if cancellation is for any other reason. 3. If this Policy has been in effect for more than sixty (60) days, the Underwriters may cancel this Policy only for one of the following reasons: A. nonpayment of premium; B. a false statement knowingly made on the application for insurance; or C. a substantial change in the exposure or risk other than that indicated in the application and underwritten as of the effective date of this Policy unless the insureds have notified the Underwriters of the change and the Underwriters accept such change. 4. Written notice of cancellation shall be mailed by at least first class mail to the “Named Insured” at the principal address shown in Item 1 of the Declarations. Notice of cancellation shall be provided at least ten (10) days before the effective date of cancellation if the Underwriters are canceling this Policy for nonpayment of premium. Notice of cancellation shall be provided at least forty-five (45) days before the effective date of cancellation if this Policy is cancelled for the reasons listed in 2. or 3. above. Proof of mailing of notice of cancellation shall be sufficient proof of notice and the effective date of cancellation stated in the notice will become the end of the “Policy Period”. Delivery of written notice either by the “Named Insured” or by the Underwriters shall be equivalent to mailing. 5. If the “Named Insured” cancels this Policy, the earned premium shall be computed in accordance with the customary short rate tables and procedures. If the Underwriters cancel, earned Premium shall be computed pro rata. Premium adjustment may be made at the time cancellation becomes effective, but payment or tender of unearned Premium is not a condition of cancellation 6. If the Underwriters decide to nonrenew this Policy, the Underwriters shall mail or deliver written notice of nonrenewal by at least first class mail to the “Named Insured” at its last known address at least forty-five (45) days before the end of the “Policy Period”. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. DocuSign Envelope ID: F623A06D-54B4-40C1-B114-98448E550FE4 $10,000 $2,500 each Extortion Threat $2,500 each Data Protection Loss Greater of $2,500 or income loss during 12 hour waiting period $2,500 each Loss $2,500 each Loss No Retention DocuSign Envelope ID: F623A06D-54B4-40C1-B114-98448E550FE4