CTR066284_-_COI_and_Endorsements.pdf
PDF 2 MB Posted
- Attached to
- Master Agreement AZ|CTR066284
- Contract number
- CTR066284
- Issued by
- Arizona
About this file
This document is a comprehensive insurance certificate and related policy documents for Community Action Human Resources Agency (CAHRA), primarily covering various liability insurance needs. The policies are issued by Philadelphia Indemnity Insurance Company and CopperPoint Indemnity Insurance Company, with NFP Property & Casualty Services, Inc. acting as the insurance producer. The coverage is specifically designed to protect CAHRA and the State of Arizona, including its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees.
The insurance package includes multiple coverage types with specific limits: Commercial General Liability ($1M per occurrence, $2M aggregate), Commercial Umbrella Liability ($1M per occurrence), Workers' Compensation, Professional Liability, and Abusive Conduct Liability. The policies are effective from June 1, 2024 to June 1, 2025, with a retrospective date of October 20, 2008 for some coverages. Notably, the Abusive Conduct Liability includes a $2M aggregate limit and $1M each abusive conduct limit, with a $0 deductible. The policies provide comprehensive protection across various operational risks, with specific provisions for additional insureds and waiver of subrogation rights.
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ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence)
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $
COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below
INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
The ACORD name and logo are registered marks of ACORD
6/20/2024
(520) 571-1900 36061 (520) 571-9667
18058
Community Action Human Resources Agency 109 N. Sunshine Blvd Eloy, AZ 85131
13928
A 1,000,000
X X PHPK2560490-003 6/1/2024 6/1/2025 1,000,000
20,000
1,000,000 2,000,000 2,000,000
1,000,000A
X X PHPK2560490-003 6/1/2024 6/1/2025
1,000,000A
X X PHUB866214-003 6/1/2024 6/1/2025 1,000,000
10,000 1,000,000 B
X 1014933 4/1/2024 4/1/2025 1,000,000 N 1,000,000
1,000,000 A E&O/Professional Lia PHPK2560490-003 6/1/2024 Retro Date: 10/20/08 1,000,000 A E&O/Professional Lia PHPK2560490-003 6/1/2024 6/1/2025 Limit 2,000,000
RE: Division Name: ADES. - Contract ID: CTR066284.
Abusive Conduct Liability is Included in the E&O/Professional Liability - Aggregate Limit: $2,000,000 Each Abusive Conduct Limit: $1,000,000 Deductible: $0
State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees - Waiver of Subrogation applies
SEE ATTACHED ACORD 101
The State of Arizona and Dept of Economic Security C/O: myCOI 1075 Broad Ripple Ave, Suite 313 Indianapolis, IN 46220
COMMACT-05 BRITTANYKOCIS
NFP Property & Casualty Services, Inc.
6992 East Broadway Boulevard Tucson, AZ 85710
Dawn Maliniak dawn.maliniak@nfp.com
Philadelphia Indemnity Insurance Company CopperPoint Indemnity Ins Co
P&AI Limit X
6/1/2025
X X
X
X
X X
X
X
FORM NUMBER:
EFFECTIVE DATE:
The ACORD name and logo are registered marks of ACORD
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE
FORM TITLE:
Page of
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
ACORD 101 (2008/01)
AGENCY CUSTOMER ID:
LOC #:
AGENCY NAMED INSURED
POLICY NUMBER
CARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.
NFP Property & Casualty Services, Inc.
COMMACT-05
SEE PAGE 1
SEE PAGE 1
ACORD 25 Certificate of Liability Insurance
SEE P 1
Community Action Human Resources Agency 109 N. Sunshine Blvd Eloy, AZ 85131
SEE PAGE 1
BRITTANYKOCIS
Description of Operations/Locations/Vehicles:
in favor of:State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees
"Abusive Conduct coverage is not excluded"
PI-CXL-002 (05/19)
POLICY NUMBER:
PI-CXL-002 (05/19)
Includes copyrighted material of Insurance Services Office, Inc., with permission.
COMMERCIAL UMBRELLA LIABILITY INSURANCE
POLICY DECLARATIONS
NAMED INSURED:
MAILING ADDRESS:
POLICY PERIOD: FROM TO AT 12:01 A.M. STANDARD
TIME AT YOUR MAILING ADDRESS SHOWN ABOVE
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS
POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
LIMITS OF INSURANCE
EACH OCCURRENCE LIMIT
(LIABILITY COVERAGE) $
PERSONAL & ADVERTISING INJURY LIMIT $ Any one person or organization
PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT $
GENERAL AGGREGATE LIMIT (LIABILITY COVERAGE) (except with respect to Auto Liability and Products Completed Operations) $
RETAINED LIMIT
RETAINED LIMIT: $
Philadelphia Indemnity Insurance Company
PHUB866214-003
(520)571-1900
06/01/2025
Community Action Human Resources Agency
NFP Property & Casualty Services, Inc 6992 East Broadway Blvd.
TUCSON, AZ 85710
06/01/2024
109 N Sunshine Blvd Eloy, AZ 85131-2159
1,000,000
1,000,000
10,000
1,000,000
1,000,000
PI-CXL-002 (05/19)
Includes copyrighted material of Insurance Services Office, Inc., with permission.
SCHEDULE OF UNDERLYING INSURANCE
Employers' Liability Company:
Policy Number:
Policy Period:
Minimum Applicable Limits
Bodily injury by accident $ Each Accident Bodily injury by disease $ Each Employee Bodily injury by disease $ Policy Limit
Commercial General Liability Occurrence Claims-Made Company:
Policy Number:
Policy Period:
Retroactive Date:
Minimum Applicable Limits:
General Aggregate $ Products-Completed Operations Aggregate $ Personal And Advertising Injury $ Each Occurrence $
Commercial Auto Liability Company:
Policy Number:
Policy Period:
Minimum Applicable Limits
Garage Aggregate Limit For Other Than Autos (if applicable) $ Each Accident $
Professional Liability Occurrence Claims-Made Company:
Policy Number:
Policy Period:
Retroactive Date:
Minimum Applicable Limits
PHUB866214-003
1014933
CopperPoint Indemnity Insurance Companies
04/01/2024 04/01/2025
1,000,000
1,000,000 1,000,000
PHPK2560490-003
Philadelphia Indemnity Insurance Company
06/01/2024 06/01/2025
Not Applicable
X
1,000,000
1,000,000
2,000,000
2,000,000
PHPK2560490-003
Philadelphia Indemnity Insurance Company
06/01/2024 06/01/2025
Not Applicable
1,000,000
PHPK2560490-003
Philadelphia Indemnity Insurance Company
06/01/2024 06/01/2025 10/20/2008
Each Professional Incident 1,000,000
Aggregate 2,000,000
PI-CXL-002 (05/19)
Includes copyrighted material of Insurance Services Office, Inc., with permission.
Employee Benefits Liability Occurrence Claims-Made Company:
Policy Number:
Policy Period:
Retroactive Date:
Minimum Applicable Limits
Abusive Conduct Liability Occurrence Claims-Made Company:
Policy Number:
Policy Period:
Retroactive Date:
Minimum Applicable Limits
Directors & Officers Liability Occurrence Claims-Made Company:
Policy Number:
Policy Period:
Retroactive Date:
Minimum Applicable Limits
Liquor Liability Occurrence Claims-Made Company:
Policy Number:
Policy Period:
Retroactive Date:
Minimum Applicable Limits
PHUB866214-003
PHPK2560490-003
Philadelphia Indemnity Insurance Company
06/01/2024 06/01/2025 10/20/2008
Each Claim 1,000,000
Aggregate 1,000,000
PHPK2560490-003
Philadelphia Indemnity Insurance Company
06/01/2024 06/01/2025 Not Applicable
X
Each Abusive Conduct 1,000,000
Aggregate 2,000,000
PI-SAM-008 (05/19)
©2019 Philadelphia Consolidated Holding Corp.
ABUSIVE CONDUCT LIABILITY COVERAGE FORM
PLEASE READ THE ENTIRE FORM CAREFULLY.
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine your rights, duties and what is and is not covered.
Throughout this policy the words “you” and “your” refer to the Named Insured shown in the Declarations.
The words “we,” “us” and “our” refer to the Company providing this insurance.
The word “insured” means any person or organization qualifying as such under SECTION II – WHO IS
AN INSURED.
Within the context of this coverage form, “this insurance” refers to the coverage provided by this Abusive Conduct Liability Coverage Form.
Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI –
DEFINITIONS.
SECTION I – COVERAGE
A. ABUSIVE CONDUCT LIABILITY COVERAGE
1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as “damages” because of “bodily injury” to which this insurance applies caused by:
(1) “Abusive conduct”;
(2) The negligent:
(a) Employment;
(b) Selection;
(c) Investigation;
(d) Supervision;
(e) Reporting to the proper authorities, or failure to so report; or
(f) Retention of any “employee,” “volunteer worker” or any other person or persons for whom the insured is or ever was legally responsible and whose conduct would be covered by (1) above;
(3) The negligent:
©2019 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc., with permission.
(a) Placement of adoptive or foster children;
(b) Selection or training of adoptive or foster parents; or
(c) Supervision of adoptive or foster parents, that gives rise to “claims” of “abusive conduct”;
(4) The negligent:
(a) Design;
(b) Control;
(c) Maintenance;
(d) Supervision;
(e) Inspection; or
(f) Investigation of prospective tenants of your premises; premises in your control; or premises you have leased to another that gives rise to “claims” of “abusive conduct”; or
(5) The negligent failure to provide professional services or neglect of the therapeutic needs of a client, patient or other person because of “abusive conduct.”
Subject to the above provisions, we have the right and duty to defend any “suit” seeking “damages” to which this insurance applies. However, we have no duty to defend the insured against any “suit” seeking “damages” to which this insurance does not apply. We may at our discretion, investigate and settle any “claim” of "abusive conduct" and any “suit” that may result. But:
(i) The amount we will pay for “damages” is limited as described in SECTION III –
LIMITS OF INSURANCE; and
(ii) Our right and duty to defend end when we have used up our applicable limit of insurance in the payment of “damages.”
We will pay, with respect to any “claim” we investigate or “suit” we defend, any “defense costs” we incur. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for in B. EMPLOYEE AND VOLUNTEER WORKER
DEFENSE COVERAGE below.
b. This insurance applies to “damages” because of “bodily injury” only if:
(1) The “bodily injury” is caused by “abusive conduct” that takes place in the “coverage
©2019 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc., with permission.
territory”; and
(2) The “abusive conduct” first occurs during the policy period.
c. “Damages” because of “bodily injury” include “damages” claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury.”
2. Exclusions
This insurance does not apply to:
a. Any “claim” or “suit” against any person who personally takes part in any “abusive conduct”;
b. Any “claim” or “suit” against any person who intentionally fails to report “abusive conduct” committed by an “employee,” “volunteer worker” or any other person for whom any insured is legally responsible;
c. Any “claim” or “suit” against any person who commits an intentional or criminal act;
d. Any “claim” or “suit” against any “employee,” “volunteer worker” or any other person for whom any insured is or ever was legally responsible if at the time of this policy’s inception any insured was aware of actual or alleged “abusive conduct” by such person;
e. Liability assumed by the insured under any contract or agreement;
f. Any obligation for which an insured, or any insurance carrier of the insured, may be held liable under a workers compensation, disability benefits or unemployment compensation law or any similar law;
g. Any “claim” or “suit” arising out of matters which may be deemed uninsurable;
h. Any “claim” made against an insured by another insured except a “claim” made by an insured who is an “employee” or “volunteer worker,” subject to Exclusion i. below;
i. Any “claim” made by or on behalf of:
(1) Your “employee” or “volunteer worker”;
(2) The spouse, child, parent, brother or sister of an “employee” or “volunteer worker” as a consequence of “abusive conduct” to that person; or
(3) Any applicants for employment or former “employees” or “volunteer workers.”
However, this exclusion does not apply in the limited instance where your “employee” or
“volunteer worker” is also your client and receiving services falling within the official scope of
©2019 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc., with permission.
the services which you provide and the “claim” arises out of the provision of these services;
j. Any “defense costs” associated with a criminal trial including appeals;
k. “Abusive conduct” that predates the inception of this policy notwithstanding that such
“abusive conduct” may continue into this policy period;
l. Any “claim” arising out of, based upon or attributable to:
(1) Any litigation or demand against an insured pending on or before the inception of this policy, including any future litigation or demand based on the prior or pending litigation that is derived from the same or essentially the same facts as alleged in such prior litigation;
(2) Any “abusive conduct,” fact, circumstance or situation which has been the subject of any written notice given under any other policy of insurance prior to inception of this policy; or
(3) Any “abusive conduct,” fact, circumstance or situation of which, as of the inception of this policy, the insured had knowledge and from which the insured could reasonably expect a
“claim” to arise; or
m. Any “claim” or “suit” arising out of sexual discrimination and/or sexual harassment, whether asserted under any federal or state statute or the common or civil law of any jurisdiction.
B. EMPLOYEE AND VOLUNTEER WORKER DEFENSE COVERAGE
We will also pay on your behalf “defense costs” for an “employee” or “volunteer worker” who is alleged to be directly involved in “abusive conduct” until such time as that individual is adjudicated to be a wrongdoer or enters a plea of no-contest.
This coverage does not apply to any “employee” or “volunteer worker” who knowingly allows the “abusive conduct.”
SECTION II – WHO IS AN INSURED
A. You are an insured.
B. Each of the following is also an insured:
1. Your directors, but only for liability arising from their duties as your directors;
2. Your “employees,” but only for liability arising within the scope of their employment duties for you;
3. Your “volunteer workers” but only for liability arising within the scope of their volunteer duties related to the conduct of your organization; and
©2019 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc., with permission.
4. Students in training, but only for liability arising within the scope of their duties related to the conduct of your organization.
SECTION III – LIMITS OF INSURANCE
A. The limit of insurance shown in the Declarations and the rules below fix the most we will pay for all “damages” regardless of the number of:
1. Insureds;
2. “Claims” made or "suits" brought; or
3. Persons or organizations making “claims” or bringing “suits.”
B. The Each Abusive Conduct Limit shown in the Declarations is the most we will pay for each “abusive conduct” incident regardless of the number of incidents involved. Two or more “claims” for “damages” because of the same “abusive conduct” shall be:
1. Considered a single “claim”; and
2. Such “claims,” whenever made, shall be assigned to only one policy (whether issued by us or any other insurer) and if that is this policy, only one Each Abusive Conduct limit of insurance shall apply.
C. The aggregate limit shown in the Declarations is, subject to Paragraph B. of this section, the total limit of our liability for all “damages” to which this insurance applies.
Multiple incidents of “abusive conduct” which take place over multiple policy periods for which this coverage is provided shall be deemed to constitute one “abusive conduct” and shall be deemed to occur only at the time of such first incident. Coverage for such “abusive conduct” shall be provided only under the policy, if any, which is in place at the time of the first such incident and shall be subject to the applicable limit of insurance in that one policy.
The aggregate limit of this Coverage Part applies separately to each consecutive annual period of this policy; and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations; unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the limit of insurance.
SECTION IV – DEDUCTIBLE
A. Our obligation to pay “damages” on your behalf applies only to the amount of “damages” in excess of the applicable deductible amount shown in the Declarations.
B. The Deductible applies to all “damages” that are the result of any “claim” of “abusive conduct.”
C. The terms of this insurance, including those with respect to:
1. Our right and duty to defend the insured against any “suits” seeking those “damages”; and
2. Your duties in the event of an incident, “claim,” or “suit” apply irrespective of the application of the deductible amount.
©2019 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc., with permission.
D. We may pay any part or all of the deductible amount to effect settlement of any claim or “suit” and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us.
SECTION V – ABUSIVE CONDUCT LIABILITY CONDITIONS
A. Bankruptcy
Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part.
B. Duties In the Event of an Incident, Claim or Suit
1. If a “claim” is made or “suit” is brought against any insured, you must provide us with written notice of the “claim” or “suit” as soon as practicable, but no later than 60 days after the “claim” is made or “suit” is brought.
2. You and any other involved insured must:
a. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the “claim” or "suit";
b. Authorize us to obtain records and other information;
c. Cooperate with us in the investigation, settlement or defense of the “claim” or "suit" including the release of any personnel records of the person(s) allegedly involved in the “abusive conduct”; and
d. Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of "abusive conduct" to which this insurance may also apply.
3. No insureds will, except at their own cost, and without recourse to this policy, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent.
C. Legal Action Against Us
No person or organization has a right under this Coverage Part:
1. To join us as a party or otherwise bring us into a "suit" asking for "damages" from an insured; or
2. To sue us on this Coverage Part unless all of its terms have been fully complied with.
A person or organization may sue us to recover as a result of an “agreed settlement” or on a final judgment against an insured obtained after an actual trial, but we will not be liable for “damages”
©2019 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc., with permission.
that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance.
D. Other Insurance
If other valid and collectible insurance is available to the insured for a loss we cover under this
Coverage Part, our obligations are limited as follows:
1. Primary Insurance
This insurance is primary except when 2. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in 3. below.
2. Excess Insurance
If any insured has other insurance providing coverage similar to this insurance, then this insurance shall be excess over and above that other insurance except where such insurance is specifically designated as excess to this policy.
When this insurance is excess, we will have no duty to defend any “claim” or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
a. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
b. The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision.
3. Method of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also.
Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.
If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limit of insurance of all insurers.
E. Premium Audit
1. We will compute all premiums for this Coverage Part in accordance with our rules and rates;
©2019 Philadelphia Consolidated Holding Corp.
2. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the first Named Insured; and
3. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request.
F. Representations
By accepting this policy, the insured agrees:
1. The statements in the Declarations, and in the application for insurance are accurate and complete;
2. Those statements are based upon representations made by the insureds; and
3. We have issued this policy in reliance upon those representations.
G. Transfer of Rights of Recovery Against Others To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage
Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them.
H. Two Or More Coverage Parts Or Policies Issued By Us
It is our stated intention that the various coverage parts or policies issued to you by us, or any company affiliated with us, do not provide any duplication or overlap of coverage for the same “claim” or “suit.” We have exercised diligence to draft our coverage parts and policies to reflect this intention, but should the circumstances of any “claim” or "suit" give rise to such duplication or overlap of coverage, then, notwithstanding any other provision of this or any other policy, if this policy and any other coverage part or policy issued to you by us, or any company affiliated with us, apply to the same "abusive conduct," professional incident, occurrence, offense, wrongful act, accident or loss, “claim” or “suit,” the maximum limit of insurance under all such coverage parts or policies combined shall not exceed the highest applicable limit of insurance under any one coverage part or policy.
This condition does not apply to any Excess or Umbrella policy issued by us specifically to apply as excess insurance over this policy.
I. When We Do Not Renew
If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date.
©2019 Philadelphia Consolidated Holding Corp.
Includes copyrighted material of Insurance Services Office, Inc., with permission.
If notice is mailed, proof of mailing will be sufficient proof of notice.
SECTION VI – DEFINITIONS
A. “Abusive conduct” means all actual, threatened or alleged acts of physical abuse, sexual abuse, sexual molestation, sexual misconduct, sexual exploitation, or sexual injury arising out of a single act, or continuous or repeated exposure of one person or two or more people to multiple acts, of a sexual nature committed by:
1. One person; or
2. Two or more people acting together or in related acts or series of acts.
Any act or multiple, continuous, related or repeated acts of “abusive conduct” by one person or two or more people acting together will be deemed one “abusive conduct” and will be deemed to occur only when the first “abusive conduct” takes place, regardless of:
a. The number of people injured;
b. The time period, including multiple policy periods, over which the “abusive conduct” took place;
c. The number of such acts; or
d. Whether, in the case of two or more people acting together, each such person participated in each act.
B. “Agreed settlement” means a settlement and release of liability signed by the insured and the claimant or the claimant's legal representative, and approved by us.
C. “Bodily injury” means bodily injury, sickness or disease sustained by a person. “Bodily injury” includes mental anguish, mental injury, shock, fright or death resulting from physical injury or “abusive conduct.”
D. “Claim” means any written demand for monetary relief.
E. “Coverage territory” means:
1. The United States of America (including its territories and possessions), Puerto Rico and Canada;
2. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph 1. above; or
3. All other parts of the world if the injury or damage arises out of the activities of a person whose home is in the territory described in Paragraph 1. above but is away for a short period of time on your business;
provided the insured’s responsibility to pay “damages” is determined in a “suit” on the merits, in the territory described in Paragraph 1. above or in a settlement to which we agree.
F. “Damages” means a monetary:
©2019 Philadelphia Consolidated Holding Corp.
1. Judgment;
2. Award; or
3. Settlement, but does not include fines, sanctions, penalties, punitive or exemplary damages or the multiple portion of any damages.
G. “Defense costs” mean any costs to investigate a “claim” or defend a “suit” seeking “damages.”
These costs are outside the limits of insurance.
H. “Employee” includes a "leased worker" or a “temporary worker.”
I. “Leased worker” means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business.
J. “Suit” means a civil proceeding in which “damages” because of “abusive conduct” to which this insurance applies are alleged. “Suit” also includes:
1. An arbitration proceeding in which such “damages” are claimed and to which you must submit or do submit with our consent; or
2. Any other alternative dispute resolution proceeding in which such “damages” are claimed and to which you submit with our consent.
K. “Temporary worker” means a person who is furnished to you to substitute for a permanent “employee” on leave or to meet seasonal or short-term workload conditions.
L. “Volunteer worker” means a person who is not your “employee,” and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 05/02/2024 Policy No. 1014933 Endorsement No. 14 Premium $
Countersigned by
Insured Community Action Human Resources Agency
Insurance Company CopperPoint Indemnity Insurance Company
Authorized Representative
WC 00 03 13
(Ed. 04-1984)
© Copyright 1983 National Council on Compensation Insurance, Inc. All Rights Reserved.
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees' losses arising from work performed by or on behalf of the Contractor.
File details come from the government source that posted it. Updated .