FMR LLC
82 Devonshire Street, F3D
Boston, MA 02109-3614
May 4, 2011
U.S. Securities and Exchange Commission
Judiciary Plaza
450 Fifth Street, NW
Washington, DC 20543
Re: Fidelity Investments Mutual Funds (FMR LLC) Rule 17g Compliance Filing
Fidelity Bond Coverage Period: July 1, 2010 June 30, 2011
To Whom it May Concern,
We submit the following excess bond policies on behalf of Fidelity Investments Mutual Funds for $50,000,000 excess of $100,000,000 in coverage:
London/ACE, Antares
Policy No: B080113015P10 (Equity and High Income Funds) Policy No:B080113013P10 (Fixed Income & Asset Allocation Funds) Participation: $6M part of $50M x $100M
National Casualty Co. (Freedom)
Policy No: XMO 1000022 (Equity and High Income Funds) Policy No: XMO 1000020 (Fixed Income & Asset Allocation Funds) Participation: $10M part of $50M x $100M
Twin City Fire Insurance Co. (The Hartford)
Policy No: 00DC025212710 (Equity and High Income Funds) Policy No: 00DC025212310 (Fixed Income & Asset Allocation Funds) Participation: $10M part of $50M x $100M
Houston Casualty Co. (HCC)
Policy No: 24-MG-10-A10266 (Equity and High Income Funds) Policy No: 24-MG-10-A10268 (Fixed Income & Asset Allocation Funds) Participation: $8M part of $50M x $100M
Chartis Excess Limited
Policy No: 33089945 (Equity and High Income Funds) Policy No:33089947 (Fixed Income & Asset Allocation Funds) Participation: $6M part of $50M x $100M
Federal Insurance Company (Chubb)
Policy No: 82105061 (Equity and High Income Funds) Policy No:82120106 (Fixed Income & Asset Allocation Funds) Participation: $5M part of $50M x $100M
Catlin Specialty Insurance Company
Policy No: XSP-92188-0710 (Equity and High Income Funds) Policy No: XSP-92189-0710 (Fixed Income & Asset Allocation Funds) Participation: $5M part of $50M x $100M
FMR LLC
82 Devonshire Street, F3D
Boston, MA 02109-3614
The lead bond insurance policy, statement confirming payment of premiums, resolution of a majority of independent trustees approving coverage, joint insured bond statement and the Fidelity Bond Insurance Recovery Agreement have been submitted. The accession number is 0000878467-11-000022.
Sincerely,
Ann Barry
Director, Insurance & Risk Management
FMR LLC
NOTICE TO POLICYHOLDERS
FRAUD NOTICE
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
STATE SPECIFIC PROVISIONS |
|
Arkansas |
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. |
Colorado |
It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable for insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. |
District of Columbia |
WARNING: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant. |
Florida |
Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree. |
Hawaii |
For your protection, Hawaii law requires you to be informed that presenting a fraudulent claim for payment of a loss or benefit is a crime punishable by fines or imprisonment, or both. |
Kentucky |
Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime. |
Louisiana |
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. |
Maine |
It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines, or denial of insurance benefits. |
Maryland |
Any person who knowingly and willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly and willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. |
New Jersey |
Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. |
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NOTICE TO POLICYHOLDERS |
|
New Mexico |
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to civil fines and criminal penalties. |
New York |
All commercial insurance forms, except as provided for automobile insurance: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. Automobile insurance forms Any person who knowingly makes or knowingly assists, abets, solicits or conspires with another to make a false report of the theft, destruction, damage or conversion of any motor vehicle to a law enforcement agency, the department of motor vehicles or an insurance company, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation. Fire Insurance: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime. The proposed insured affirms that the foregoing information is true and agrees that these applications shall constitute a part of any policy issued whether attached or not and that any willful concealment or misrepresentation of a material fact or circumstances shall be grounds to rescind the insurance policy. |
Ohio |
Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. |
Oklahoma |
WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony. |
Oregon |
Any person who, with INTENT TO DEFRAUD or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement MAY BE guilty of insurance fraud." |
Pennsylvania |
Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. Auto: Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false, incomplete or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and the payment of a fine of up to $15,000. |
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NOTICE TO POLICYHOLDERS |
|
Puerto Rico |
Any person who knowingly and with the intention to defraud includes false information in an application for insurance or file, assist or abet in the filing of a fraudulent claim to obtain payment of a loss or other benefit, or files more than one claim for the same loss or damage, commits a felony and if found guilty shall be punished for each violation with a fine of no less than five thousands dollars ($5,000), not to exceed ten thousands dollars ($10,000); or imprisoned for a fixed term of three (3) years, or both. If aggravating circumstances exist, the fixed jail term may be increased to a maximum of five (5) years; and if mitigating circumstances are present, the jail term may be reduced to a minimum of two (2) years. |
Rhode Island |
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. |
Tennessee |
It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. |
Virginia |
It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. |
Washington |
It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. |
West Virginia |
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. |
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NOTICE TO POLICYHOLDERS
PRIVACY POLICY
Catlin insurance group [the Companies], believes personal information that we collect about our customers, potential customers, and proposed insureds [referred to collectively in this Privacy Policy as customers] must be treated with the highest degree of confidentiality. For this reason and in compliance with the Title V of the Gramm-Leach-Bliley Act [GLBA], we have developed a Privacy Policy that applies to all of our companies. For purposes of our Privacy Policy, the term personal information includes all information we obtain about a customer and maintain in a personally identifiable way. In order to assure the confidentiality of the personal information we collect and in order to comply with applicable laws, all individuals with access to personal information about our customers are required to follow this policy.
Our Privacy Promise
Your privacy and the confidentiality of your business records are important to us. Information and the analysis of information is essential to the business of insurance and critical to our ability to provide to you excellent, cost-effective service and products. We understand that gaining and keeping your trust depends upon the security and integrity of our records concerning you. Accordingly, we promise that:
1. | We will follow strict standards of security and confidentiality to protect any information you share with us or information that we receive about you; |
2. | We will verify and exchange information regarding your credit and financial status only for the purposes of underwriting, policy administration, or risk management and only with reputable references and clearinghouse services; |
3. | We will not collect and use information about you and your business other than the minimum amount of information necessary to advise you about and deliver to you excellent service and products and to administer our business; |
4. | We will train our employees to handle information about you or your business in a secure and confidential manner and only permit employees authorized to use such information to have access to such information; |
5. | We will not disclose information about you or your business to any organization outside the Catlin insurance group of Companies or to third party service providers unless we disclose to you our intent to do so or we are required to do so by law; |
6. | We will not disclose medical information about you, your employees, or any claimants under any policy of insurance, unless you provide us with written authorization to do so, or unless the disclosure is for any specific business exception provided in the law; |
7. | We will attempt, with your help, to keep our records regarding you and your business complete and accurate, and will advise you how and where to access your account information [unless prohibited by law], and will advise you how to correct errors or make changes to that information; and |
8. | We will audit and assess our operations, personnel and third party service providers to assure that your privacy is respected. |
Collection and Sources of Information
We collect from a customer or potential customer only the personal information that is necessary for [a] determining eligibility for the product or service sought by the customer, [b] administering the product or service obtained, and [c] advising the customer about our products and services. The information we collect generally comes from the following sources:
Submission During the submission process, you provide us with information about you and your business, such as your name, address, phone number, e-mail address, and other types of personal identification information;
Quotes We collect information to enable us to determine your eligibility for the particular insurance product and to determine the cost of such insurance to you. The information we collect will vary with the type of insurance you seek;
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NOTICE TO POLICYHOLDERS
Transactions We will maintain records of all transactions with us, our affiliates, and our third party service providers, including your insurance coverage selections, premiums, billing and payment information, claims history, and other information related to your account;
Claims If you obtain insurance from us, we will maintain records related to any claims that may be made under your policies. The investigation of a claim necessarily involves collection of a broad range of information about many issues, some of which does not directly involve you. We will share with you any facts that we collect about your claim unless we are prohibited by law from doing so. The process of claim investigation, evaluation, and settlement also involves, however, the collection of advice, opinions, and comments from many people, including attorneys and experts, to aid the claim specialist in determining how best to handle your claim. In order to protect the legal and transactional confidentiality and privileges associated with such opinions, comments and advice, we will not disclose this information to you; and
Credit and Financial Reports We may receive information about you and your business regarding your credit. We use this information to verify information you provide during the submission and quote processes and to help underwrite and provide to you the most accurate and cost-effective insurance quote we can provide.
Retention and Correction of Personal Information
We retain personal information only as long as required by our business practices and applicable law. If we become aware that an item of personal information may be materially inaccurate, we will make reasonable effort to re-verify its accuracy and correct any error as appropriate.
Storage of Personal Information
We have in place safeguards to protect data and paper files containing personal information.
Sharing/Disclosing of Personal Information
We maintain procedures to assure that we do not share personal information with an unaffiliated third party for marketing purposes unless such sharing is permitted by law. Personal information may be disclosed to an unaffiliated third party for necessary servicing of the product or service or for other normal business transactions as permitted by law.
We do not disclose personal information to an unaffiliated third party for servicing purposes or joint marketing purposes unless a contract containing a confidentiality/non-disclosure provision has been signed by us and the third party. Unless a consumer consents, we do not disclose consumer credit report type information obtained from an application or a credit report regarding a customer who applies for a financial product to any unaffiliated third party for the purpose of serving as a factor in establishing a consumers eligibility for credit, insurance or employment. Consumer credit report type information means such things as net worth, credit worthiness, lifestyle information [piloting, skydiving, etc.] solvency, etc. We also do not disclose to any unaffiliated third party a policy or account number for use in marketing. We may share with our affiliated companies information that relates to our experience and transactions with the customer.
Policy for Personal Information Relating to Nonpublic Personal Health Information
We do not disclose nonpublic personal health information about a customer unless an authorization is obtained from the customer whose nonpublic personal information is sought to be disclosed. However, an authorization shall not be prohibited, restricted or required for the disclosure of certain insurance functions, including, but not limited to, claims administration, claims adjustment and management, detection, investigation or reporting of actual or potential fraud, misrepresentation or criminal activity, underwriting, policy placement or issuance, loss control and/or auditing.
Access to Your Information
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NOTICE TO POLICYHOLDERS
Our employees, employees of our affiliated companies, and third party service providers will have access to information we collect about you and your business as is necessary to effect transactions with you. We may also disclose information about you to the following categories of person or entities:
Your independent insurance agent or broker;
An independent claim adjuster or investigator, or an attorney or expert involved in the claim; Persons or organizations that conduct scientific studies, including actuaries and accountants; An insurance support organization; Another insurer if to prevent fraud or to properly underwrite a risk;
A state insurance department or other governmental agency, if required by federal, state or local laws; or
Any persons entitled to receive information as ordered by a summons, court order, search warrant, or subpoena.
Violation of the Privacy Policy
Any person violating the Privacy Policy will be subject to discipline, up to and including termination.
For more information or to address questions regarding this privacy statement, please contact your broker.
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NOTICE TO POLICYHOLDERS
U.S. TREASURY DEPARTMENTS OFFICE OF
FOREIGN ASSETS CONTROL (OFAC)
No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided.
This Policyholder Notice provides information concerning the possible impact on your insurance coverage provided under your policy due to directives issued by OFAC. Please read this Policyholder Notice carefully.
OFAC administers and enforces economic and trade sanctions based on US foreign policy and national security goals based on Presidential declarations of "national emergency." OFAC has identified and listed numerous:
Foreign agents
Front organizations
Terrorists
Terrorist organizations
Narcotics traffickers
as "Specially Designated Nationals and Blocked Persons. This list can be found on the United States Treasurys web site http://www.treas.gov/ofac.
In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated US sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance will be immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, neither payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply.
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NOTICE TO POLICYHOLDERS
CLAIMS NOTICE
All claims must be reported to Catlin at:
Catlin
3340 Peachtree Road N.E.
Suite 2950
Atlanta, GA 30326
E-mail: catlinclaimspl@catlin.com Phone: 404-443-4910\888-443-4910 Fax: 404-443-4912
PNCL N01 0509
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Policy Number:
Previous Policy Number:
EXCESS INSURANCE POLICY DECLARATIONS
NOTICE: UNLESS OTHERWISE PROVIDED IN THE UNDERLYING INSURANCE, THIS POLICY SHALL ONLY APPLY TO CLAIMS FIRST MADE DURING THE POLICY PERIOD. THE LIMIT OF LIABILITY AVAILABLE TO PAY DAMAGES OR SETTLEMENTS SHALL BE REDUCED AND MAY BE EXHAUSTED BY THE PAYMENT OF DEFENSE EXPENSES. PLEASE READ THIS POLICY CAREFULLY.
Terms appearing in bold are defined in the Policy.
ITEM 1
Named Insured:
Mailing Address:
ITEM 2 | ||
Policy Period: | From: | To: |
At 12:01 A.M. both dates at your mailing address shown above. |
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ITEM 3 | ||
Limit of Liability: $ | ||
ITEM 4 | ||
Followed Policy: | ||
Insurer | Coverage (s) | Policy Number |
ITEM 5 | ||
Underlying Insurance Policies: See Schedule of Underlying Insurance. | ||
ITEM 6 | ||
Pending or Prior Date: | ||
ITEM 7 | ||
Estimated Premium: | $ | |
TRIA Premium: | $ | |
State Tax or Other (if applicable): | $ | |
TOTAL PREMIUM: | $ | |
Additional Premium for the Discovery Period: | % | |
ITEM 8 | ||
Forms and Endorsements Forming a Part of this Policy as of the Inception Date: | ||
See Schedule of Forms and Endorsements |
THESE DECLARATIONS, TOGETHER WITH THE COMPLETED AND SIGNED APPLICATION FOR THIS
POLICY, ALL MATERIALS SUBMITTED THEREWITH OR MADE A PART THEREOF AND THE POLICY FORM ATTACHED HERETO, CONSTITUTE THE POLICY.
This Policy shall not be valid unless signed by a duly authorized representative of the Insurer.
Countersigned: | by | ||
Date | Authorized Representative |
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SCHEDULE OF FORMS AND ENDORSEMENTS
Named Insured | ||
Policy Number | Policy Period | |
From | To | |
Forms and Endorsements |
ABAP 302 1007
Page of
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SCHEDULE OF UNDERLYING INSURANCE
Named Insured: | ||||
Policy Number: | Policy Period | |||
From: | To: | |||
Item 5. Schedule of Underlying Insurance: | ||||
Insurer | Policy Number | Limit(s) | Excess of | Policy Period |
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EXCESS INSURANCE POLICY
NOTICE: UNLESS OTHERWISE PROVIDED IN THE UNDERLYING INSURANCE, THIS POLICY SHALL ONLY APPLY TO CLAIMS FIRST MADE DURING THE POLICY PERIOD. THE LIMIT OF LIABILITY AVAILABLE TO PAY DAMAGES OR SETTLEMENTS SHALL BE REDUCED AND MAY BE EXHAUSTED BY THE PAYMENT OF DEFENSE EXPENSES. PLEASE READ THIS POLICY CAREFULLY.
In consideration of the payment of the premium, and in reliance upon the statements made in the Application, which is incorporated into this Policy and forms a part hereof, the insurer identified on the Declarations, herein called the Insurer, agrees as follows:
I. | Insuring Agreement | ||
This | Policy provides the Insureds with insurance excess of the Underlying Insurance for | ||
Claims | during the Policy Period. Except as specifically set forth in this Policy or in any written | ||
endorsement | attached to this Policy, the coverage afforded by this Policy applies in conformance | ||
with: | (1) the terms, conditions, exclusions and limitations of the Followed Policy as they existed | ||
on | the inception date of this Policy; and (2) any narrower or more restrictive terms of the other | ||
Underlying | Insurance, to the extent the coverage of the Followed Policy is limited or restricted | ||
by | the terms of such other Underlying Insurance. This Policy shall not provide coverage broader | ||
than | that provided by the Underlying Insurance unless the Insurer specifically agrees to grant | ||
such | broader coverage herein or by written endorsement attached to this Policy. | ||
II. | Definitions | ||
A. | Application means: | ||
1. | the application for this Policy, for the Underlying Insurance and for any policy of which this Policy or the Underlying Insurance is a direct or indirect renewal or replacement, any attachment to any such application(s), any other materials submitted with or incorporated into any such application(s) and any documents submitted in connection with the underwriting of any such policy (ies); and, | ||
2. | to the extent made by or required of the Insureds: |
any public documents filed prior to the inception date of this Policy by the Named Insured with the Securities and Exchange Commission or any similar federal, state, local or foreign regulatory body, and any other written public statement or certification required by law to be made by the chief executive officer, chief financial officer or other executive officer of the Named Insured regarding the accuracy, completeness or adequacy of such Insureds financial statements, SEC filings, or internal controls;
whether or not such public documents, statements or certifications are furnished to the Insurer.
The Insureds agree that all warranties and representations contained in the Application are deemed made to the Insurer. The Insureds agree further that the Application is deemed attached to and incorporated into this Policy.
B. | Claim has the same meaning as attributed to that term in the Followed Policy. |
C. | Followed Policy means the policy identified in Item 4. of the Declarations. |
D. | Insureds means any natural persons or entities extended coverage in the Followed Policy. |
E. | Named Insured means the entity identified in Item 1 of the Declarations. |
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F. | Policy Period means the period of time from the inception date and time stated in Item 2. of the Declarations to the earlier of the expiration date and time stated in Item 2. of the Declarations or the effective date and time of the cancellation of this Policy. | |
G. | Underlying Insurance means the Followed Policy and all Underlying Excess Policies identified in Item 5. of the Declarations, and Underlying Insurers means the insurers of the Underlying Insurance. | |
H. | Underlying Limits means an amount equal to the aggregate of all the limits of the Underlying Insurance combined (excess of their retentions). | |
III. | Limit of Liability | |
The | Limit of Liability stated in Item 3. of the Declarations is the limit of the Insurer's liability for all | |
amounts | arising out of all Claims. The Limit of Liability for the Discovery Period (if applicable) is part | |
of, | and not in addition to, the Limit of Liability for the Policy Period. | |
IV. | Reduction or Exhaustion of Underlying Insurance | |
A. | This Policy does not provide coverage for any Claim not covered by the Underlying Insurance. Liability for any amount shall attach to the Insurer only after the Underlying Insurers shall have paid the full amount of the Underlying Limits and the Insureds shall have paid the full amount of the applicable retention amounts and any other financial obligation under the Underlying Insurance. | |
B. | In the event the Underlying Limits are partially reduced solely due to actual payment by the Underlying Insurers, this Policy shall continue as excess insurance over the reduced Underlying Limits. | |
C. | In the event the Underlying Limits are exhausted due to actual payment by the Underlying Insurers, this Policy shall continue in force as primary insurance; provided always that this Policy shall only pay excess of the retention or deductible amount set forth in the Followed Policy, which retention or deductible amount shall be applied to any subsequent Claim in the same manner as specified in the Followed Policy. | |
D. | This Policy shall pay only in the event of reduction or exhaustion of the Underlying Limits as described above and shall not drop down for any reason including, but not limited to, the uncollectibility in whole or in part of the Underlying Limits or the existence of a sub-limit of liability in any Underlying Insurance; provided, however, this Policy will recognize erosion of any Underlying Policy due to the existence of a sub-limit. The Insureds expressly retain the risk that such Underlying Insurance is uncollectible in whole or in part, for any reason, and the Insurer does not in any way or under any circumstances insure or assume that risk. | |
E. | If any Underlying Insurance bears an inception date prior to the inception date of this Policy, the Insureds shall be deemed to be self-insured for the amount of any such insurance that is exhausted or impaired by payment of amounts with respect to any Claim prior to the inception date of this Policy. | |
V. | Maintenance of Underlying Insurance | |
A. | It is a condition of this Policy that the Underlying Insurance shall be maintained in full effect with solvent insurers during the Policy Period except for any reduction or exhaustion of the aggregate limits contained therein by reason of amounts paid thereunder (as provided for in Section IV. above). Except as provided in Section X., below, failure to comply with this condition will not invalidate this Policy; however, the Insurer shall not be liable under this Policy to any greater extent than it would have been if there had been full compliance with this condition. If for any reason the underlying insurance is not maintained, then the Insureds will be deemed to be self-insured for that amount of the limit(s) of liability that were not maintained. Notwithstanding anything to the contrary in this Policy, all coverage under this Policy will be void from its inception in the event that any Underlying Insurance is rescinded by agreement or legal process for fraud or other material misrepresentation by the Insured. |
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B. | If, during the Policy Period or any Discovery Period, the terms, conditions, exclusions or limitations of any Underlying Insurance are changed in any manner, as a condition precedent to their rights under this Policy the Insureds shall give to the Insurer written notice of the full particulars thereof, as soon as practicable, but in no event later than thirty (30) days following the effective date of such change(s). The coverage provided by this Policy shall apply in conformance with such change(s) only: (1) upon the effective date of the change(s) in the Underlying Insurance; and (2) if the Insurer agrees to follow such change(s) by written endorsement attached to this Policy, the Named Insured agrees to any additional premium and/or amendment of the provisions of this Policy the Insurer requires and the Named Insured pays any such additional premium when due. | |
VI. | Exclusions | |
In | addition to such exclusions or limitation stated in any Underlying Insurance, this Policy provides | |
no | coverage in connection with any Claim arising out of, based upon or in consequence of, directly | |
or | indirectly resulting from or in any way involving: | |
A. | any demand, suit, proceeding or other claim, or any investigation of which any Insured had notice, pending on or prior to the Pending or Prior Date stated in Item 6. of the Declarations; | |
B. | any fact, matter, circumstance, situation, transaction or event underlying or alleged in such demand, suit, proceeding, claim or investigation; | |
C. | any other fact, matter, circumstance, situation, transaction or event which has been the subject of written notice given to any prior insurer; | |
regardless | of the legal theory upon which such Claim is predicated. | |
VII. | Notice of Claims | |
As | a condition precedent to the obligations of the Insurer under this Policy, the Insureds shall, | |
contemporaneously | with and according to the terms of the Followed Policy, give written notice of | |
any | Claim to the Insurer at the address indicated on the Declarations. | |
VIII. | Claim Participation | |
A. | The Insurer shall have the right but not the obligation to associate with the Insureds in the defense, investigation and settlement of any Claim, even if the Underlying Insurance has not been exhausted. The Insureds shall give the Insurer full cooperation and such information as it may reasonably require. The failure of the Insurer to exercise any right under this paragraph at any point in a Claim shall not act as a waiver or limit the right of the Insurer in any manner to exercise such right at any other point in that Claim. | |
B. | With respect to any Claim that appears reasonably likely to involve the Insurer, the Insureds shall not admit or assume any liability, make any settlement offer, enter into any settlement agreement, stipulate to any judgment or incur any amount without the prior written consent of the Insurer. Only those amounts to which the Insurer has consented shall be recoverable under this Policy, such consent not to be unreasonably withheld so long as the Insured did not prevent the Insurer from associating in the defense, investigation or settlement of such Claim. | |
IX. | Discovery Clause | |
The | Insured shall be entitled to a Discovery Period (or Extended Reporting Period) pursuant to | |
the | terms and conditions of the Followed Policy. The Discovery Period (or the Extended | |
Reporting | Period) is not available unless the Named Insured has elected the Discovery Period | |
(or | Extended Reporting Period) in all Underlying Insurance. The Additional Premium for the | |
Discovery | Period is specified in Item 7. of the Declarations and shall be fully earned at the | |
inception | of the Discovery Period. The Discovery Period is not cancellable. |
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X. | Termination | |
A. | This Policy shall terminate immediately upon cancellation of any Underlying Insurance, whether such cancellation is by the Insureds or an Underlying Insurer. | |
B. | Notice of cancellation or non-renewal by any of the Underlying Insurers shall serve as notice of cancellation or non-renewal by the Insurer. | |
C. | This Policy may be canceled by the Named Insured by mailing or delivering prior written |
notice to the Insurer or by surrender of this Policy to the Insurer. This Policy may also be canceled by or on behalf of the Insurer by delivering to the Named Insured or by mailing to the Named Insured by registered, certified or other first class mail, at the address of the Named Insured as stated in the Declarations, written notice stating when not less than thirty (30) days after the date of such notice the cancellation shall be effective; provided, the Insurer may cancel this Policy on twenty (20) days notice for nonpayment of premium due. The mailing of such notice as aforesaid shall be sufficient proof of notice.
D. | If this Policy is canceled by the Named Insured, the Insurer shall retain the customary short rate proportion of the premium hereon. If this Policy is canceled by or on behalf of the Insurer, the Insurer shall retain the pro-rata proportion of the premium hereon. |
XI. | Notice of Material Changes | |
As | a condition precedent to the obligations of the Insurer under this Policy, the Insureds shall give | |
written | notice to the Insurer at the address set forth on the Declarations as soon as practicable but | |
in | no event later than thirty (30) days after the Insured becomes aware of the following events: | |
A. | Any Underlying Insurance being canceled or non-renewed or otherwise ceasing to be in effect or being uncollectible, in part or in whole; | |
B. | Any of the Underlying Insurers being subject to a receivership, liquidation, dissolution, rehabilitation or any similar proceeding or being taken over by any regulatory authority; | |
C. | Any changes to the Underlying Insurance by re-write, endorsement or otherwise; | |
D. | Reduction or exhaustion of any Underlying Insurance; or | |
E. | The Named Insured consolidating with or merging into, or selling all or a majority of its assets to any other person or entity or group of persons and/or entities acting in concert, or any person or entity or group of persons and/or entities acting in concert acquiring an amount of the outstanding securities representing more than fifty percent (50%) of the outstanding stock or other interest representing the present right to vote, designate or select a majority of the board of directors or managers of the Named Insured. | |
XII. | Subrogation |
a. | In the event of payment under this Policy, the Insurer shall be subrogated to the extent of such payment to all of the rights of recovery of the Insureds against any person or organization. The Insureds shall execute and deliver all papers and instruments required and shall and do whatever else is necessary to enable the Insurer effectively to bring suit in their name and otherwise secure such rights. The Insureds shall do nothing to prejudice any such rights. |
b. | Any amount recovered after payment under this Policy shall be apportioned in the inverse order of payment to the extent of the actual payment. The expenses incurred in obtaining any such recoveries shall be apportioned in the ratio of the respective recoveries. |
XIII. | Authorization |
The Insureds agree that the Named Insured will act on behalf of all of the Insureds with respect to the payment or return of premium, the receipt and acceptance of any endorsements, the cancellation of the Policy, the negotiation of renewal, and the giving and receiving of any notice provided for by the terms and conditions of this Policy. | |
XIV. | Conformity to Statute |
PLXS 050 0507
Page 4 of 5
Any terms of this Policy which are in conflict with the terms of any applicable laws construing this Policy are hereby amended to conform to such laws. | |
XV. | Headings |
The descriptions in the headings and any subheading of this Policy (including any titles given to any endorsement attached hereto) are inserted solely for convenience and do not constitute any part of the terms or conditions hereof. | |
XVI. | Service of Suit |
If the Insurer fails to pay any amount claimed to be due under this Policy, the Insurer, at the request of any of the Insureds, will submit to the jurisdiction of any court of competent jurisdiction within the United States, and will comply with all requirements necessary to give such court jurisdiction. Nothing in this Clause constitutes or should be understood to constitute a waiver of the Insurers rights to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another Court as permitted by the laws of the United States or of any State in the United States. | |
The Insurer hereby designates the Superintendent, Commissioner or Director of Insurance or similar officer specified by law for that purpose, or his or her successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of any Insured under the Policy. Upon receipt of process lawfully served, that official may mail such process to Claim Manager- Professional Liability at the address stated on the Declarations. |
THIS POLICY SHALL NOT BE VALID UNLESS COMPLETED BY THE ATTACHMENT HERETO OF A DECLARATION PAGE AND SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF THE
INSURER.
PLXS 050 0507
Page 5 of 5
IN WITNESS ENDORSEMENT
CATLIN SPECIALTY INSURANCE COMPANY
ADMINISTRATIVE OFFICE: |
3340 Peachtree Road N.E. Suite 2950 Atlanta, GA 30326 |
STATUTORY HOME OFFICE: |
160 Greentree Drive Suite 101 Dover, Delaware 19904 |
It is hereby agreed and understood that the following In Witness Clause supercedes any and all other In Witness clauses in this policy.
All other provisions remain unchanged.
IN WITNESS WHEREOF, the Company has caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by a duly authorized representative of the Company
Richard S. Banas President |
Steven C. Adams Secretary |
ABAP 401 0807
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
QUOTA-SHARE ENDORSEMENT
In consideration of the payment of the premium for this Policy, it is hereby understood and agreed that the Policy is amended as follows:
1. | "Quota-Share Insurer" means each insurer identified in paragraph 2. below in the percentage participation identified in paragraph 2. |
2. | This Policy is part of a quota share participation arrangement between the Quota-Share Insurers and the Insured (the "Program") which provides a $ 50,000,000 Limit of Liability excess of the Underlying Limits and consists of the following: |
Quota-Share Insurer | Policy Number | Limit of Liability | Quota-Share | ||||
Insurers Percentage | |||||||
Participation | |||||||
Catlin Specialty | XSP | -92187-0710 | $ | 5,000,000 | 10 | % | |
Insurance Company | |||||||
Federal Insurance | 82047565 | $ | 5,000,000 | 10 | % | ||
Company | |||||||
Lloyds of London | B080113016 | P10 | $ | 6,000,000 | 12 | % | |
Chartis Excess | 33089944 | $ | 6,000,000 | 12 | % | ||
Limited | |||||||
Houston Casualty | 24-MG-10-A10265 | $ | 8,000,000 | 16 | % | ||
Company | |||||||
National Casualty | XMO 1000023 | $ | 10,000,000 | 20 | % | ||
Company | |||||||
Twin City Fire | FI 0252161-10 | $ | 10,000,000 | 20 | % | ||
Insurance Company |
3. | Each Quota-Share Insurer shall be liable only for its own percentage of each covered amount, | |
subject | to its own Limit of Liability. | |
4. | Each Quota-Share Insurer shall: | |
a. | receive notice of any claim submitted for coverage under the Program; | |
b. | make its own determination of whether any amount is covered under the Program; and | |
c. | elect whether to participate in the investigation, settlement or defense of any claim. | |
5. | The liability of each Quota-Share Insurer shall be several and not joint. The failure, refusal or | |
inability | of any Quota-Share Insurer to pay covered amounts, including any financial inability to pay, | |
shall | not increase or otherwise affect the liability of any other Quota-Share Insurer. The Insured | |
expressly | retains the risk of any gap in coverage or uncollectibility and the Insurer does not in any | |
way | insure or assume such risk. |
All other terms, conditions and exclusions remain unchanged.
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:____________ | Policy No.: | Endorsement No. __1___ |
Insured: | Premium:_______________ | |
PLDO 414 0609 | Page 1 of 2 |
Insurance Company:___________________________________________________________________
Authorized Signature:
PLDO 414 0609
Page 2 of 2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
REDUCTION OR EXHAUSTION BY UNDERLYING INSURERS
AND/OR INSUREDS ENDORSEMENT
In consideration of the payment of the premium for this Policy, it is hereby understood and agreed that the Policy is amended as follows: Section IV. is deleted in its entirety and is replaced with the following:
IV. | Reduction or Exhaustion of Underlying Insurance | |
A. | This Policy does not provide coverage for any Claim not covered by the Underlying Insurance. Liability for any amount shall attach to the Insurer only after the full amount of the | |
Underlying Limits shall have been paid by the Underlying Insurers and/or the Insureds and the Insureds shall have paid the full amount of the applicable retention amounts and any other financial obligation under the Underlying Insurance. The Insureds shall be deemed self-insured for the amount of the Underlying Limits which is not paid, for any reason, by the Underlying Insurers, and the Insureds shall pay said amount before any liability attaches to the Insurer. The Insurer reserves the right to determine coverage notwithstanding payment by the Underlying Insurers and/or the Insureds of the Underlying Limits. | ||
B. | In the event the Underlying Limits are partially reduced solely due to actual payment by the Underlying Insurers and/or the Insureds, this Policy shall continue as excess insurance over the reduced Underlying Limits. | |
C. | In the event the Underlying Limits are exhausted due to actual payment by the Underlying Insurers and/or the Insureds, this Policy shall continue in force as primary insurance; provided always that this Policy shall only pay excess of the retention or deductible amount set forth in the Followed Policy, which retention or deductible amount shall be applied to any subsequent Claim in the same manner as specified in the Followed Policy. | |
D. | This Policy shall pay only in the event of reduction or exhaustion of the Underlying Limits as described above and shall not drop down for any reason including, but not limited to, the uncollectibility in whole or in part of the Underlying Limits, exhaustion of underlying first- party coverage, or the existence of a sub-limit of liability in any Underlying Insurance; provided, however, this Policy will recognize erosion of any Underlying Policy due to the existence of first-party coverage or a sub-limit. The Insureds expressly retain the risk that such Underlying Insurance is uncollectible in whole or in part, for any reason, and the Insurer does not in any way or under any circumstances insure or assume that risk. | |
E. | If any Underlying Insurance bears an inception date prior to the inception date of this Policy, | |
the | Insureds shall be deemed to be self-insured for the amount of any such insurance that is | |
exhausted | or impaired by payment of amounts with respect to any Claim prior to the | |
inception | date of this Policy. | |
All | other terms, conditions and exclusions remain unchanged. |
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:____________ | Policy No.: | Endorsement No. __2___ |
Insured: | Premium:_______________ |
Insurance Company:___________________________________________________________________
Authorized Signature:
PLXS 423 0410
Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TIE IN LIMITS ENDORSEMENT
In consideration of the payment of the premium for this Policy, it is hereby understood and agreed that the Policy is amended as follows:
The aggregate Limit of Liability of this Policy and of Policy No.: XSP-92188-0710 issued to the Named Insured by the Insurer together shall be $5,000,000. Payment of Loss under this Policy shall also reduce and may exhaust the aggregate Limit of Liability under Policy No.: XSP-92188-0710.
All other terms, conditions and exclusions remain unchanged.
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:____________ | Policy No.: | Endorsement No. __3___ |
Insured: | Premium:_______________ |
Insurance Company:___________________________________________________________________
Authorized Signature:
PLXS M056 0710
Page 1 of 1
NOTICE TO POLICYHOLDERS
FRAUD NOTICE
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
STATE SPECIFIC PROVISIONS |
|
Arkansas |
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. |
Colorado |
It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable for insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. |
District of Columbia |
WARNING: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant. |
Florida |
Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree. |
Hawaii |
For your protection, Hawaii law requires you to be informed that presenting a fraudulent claim for payment of a loss or benefit is a crime punishable by fines or imprisonment, or both. |
Kentucky |
Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime. |
Louisiana |
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. |
Maine |
It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines, or denial of insurance benefits. |
Maryland |
Any person who knowingly and willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly and willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. |
New Jersey |
Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. |
PNAP 001 0510 |
Page 1 of 3 |
NOTICE TO POLICYHOLDERS |
|
New Mexico |
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to civil fines and criminal penalties. |
New York |
All commercial insurance forms, except as provided for automobile insurance: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. Automobile insurance forms Any person who knowingly makes or knowingly assists, abets, solicits or conspires with another to make a false report of the theft, destruction, damage or conversion of any motor vehicle to a law enforcement agency, the department of motor vehicles or an insurance company, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation. Fire Insurance: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime. The proposed insured affirms that the foregoing information is true and agrees that these applications shall constitute a part of any policy issued whether attached or not and that any willful concealment or misrepresentation of a material fact or circumstances shall be grounds to rescind the insurance policy. |
Ohio |
Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. |
Oklahoma |
WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony. |
Oregon |
Any person who, with INTENT TO DEFRAUD or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement MAY BE guilty of insurance fraud." |
Pennsylvania |
Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. Auto: Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false, incomplete or misleading information shall, upon conviction, be subject to imprisonment for up to seven years and the payment of a fine of up to $15,000. |
PNAP 001 0510
Page 2 of 3
NOTICE TO POLICYHOLDERS |
|
Puerto Rico |
Any person who knowingly and with the intention to defraud includes false information in an application for insurance or file, assist or abet in the filing of a fraudulent claim to obtain payment of a loss or other benefit, or files more than one claim for the same loss or damage, commits a felony and if found guilty shall be punished for each violation with a fine of no less than five thousands dollars ($5,000), not to exceed ten thousands dollars ($10,000); or imprisoned for a fixed term of three (3) years, or both. If aggravating circumstances exist, the fixed jail term may be increased to a maximum of five (5) years; and if mitigating circumstances are present, the jail term may be reduced to a minimum of two (2) years. |
Rhode Island |
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. |
Tennessee |
It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. |
Virginia |
It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. |
Washington |
It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. |
West Virginia |
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. |
PNAP 001 0510
Page 3 of 3
NOTICE TO POLICYHOLDERS
PRIVACY POLICY
Catlin insurance group [the Companies], believes personal information that we collect about our customers, potential customers, and proposed insureds [referred to collectively in this Privacy Policy as customers] must be treated with the highest degree of confidentiality. For this reason and in compliance with the Title V of the Gramm-Leach-Bliley Act [GLBA], we have developed a Privacy Policy that applies to all of our companies. For purposes of our Privacy Policy, the term personal information includes all information we obtain about a customer and maintain in a personally identifiable way. In order to assure the confidentiality of the personal information we collect and in order to comply with applicable laws, all individuals with access to personal information about our customers are required to follow this policy.
Our Privacy Promise
Your privacy and the confidentiality of your business records are important to us. Information and the analysis of information is essential to the business of insurance and critical to our ability to provide to you excellent, cost-effective service and products. We understand that gaining and keeping your trust depends upon the security and integrity of our records concerning you. Accordingly, we promise that:
1. | We will follow strict standards of security and confidentiality to protect any information you share with us or information that we receive about you; |
2. | We will verify and exchange information regarding your credit and financial status only for the purposes of underwriting, policy administration, or risk management and only with reputable references and clearinghouse services; |
3. | We will not collect and use information about you and your business other than the minimum amount of information necessary to advise you about and deliver to you excellent service and products and to administer our business; |
4. | We will train our employees to handle information about you or your business in a secure and confidential manner and only permit employees authorized to use such information to have access to such information; |
5. | We will not disclose information about you or your business to any organization outside the Catlin insurance group of Companies or to third party service providers unless we disclose to you our intent to do so or we are required to do so by law; |
6. | We will not disclose medical information about you, your employees, or any claimants under any policy of insurance, unless you provide us with written authorization to do so, or unless the disclosure is for any specific business exception provided in the law; |
7. | We will attempt, with your help, to keep our records regarding you and your business complete and accurate, and will advise you how and where to access your account information [unless prohibited by law], and will advise you how to correct errors or make changes to that information; and |
8. | We will audit and assess our operations, personnel and third party service providers to assure that your privacy is respected. |
Collection and Sources of Information
We collect from a customer or potential customer only the personal information that is necessary for [a] determining eligibility for the product or service sought by the customer, [b] administering the product or service obtained, and [c] advising the customer about our products and services. The information we collect generally comes from the following sources:
Submission During the submission process, you provide us with information about you and your business, such as your name, address, phone number, e-mail address, and other types of personal identification information;
Quotes We collect information to enable us to determine your eligibility for the particular insurance product and to determine the cost of such insurance to you. The information we collect will vary with the type of insurance you seek;
PNAP 002 0209
Page 1 of 3
NOTICE TO POLICYHOLDERS
Transactions We will maintain records of all transactions with us, our affiliates, and our third party service providers, including your insurance coverage selections, premiums, billing and payment information, claims history, and other information related to your account;
Claims If you obtain insurance from us, we will maintain records related to any claims that may be made under your policies. The investigation of a claim necessarily involves collection of a broad range of information about many issues, some of which does not directly involve you. We will share with you any facts that we collect about your claim unless we are prohibited by law from doing so. The process of claim investigation, evaluation, and settlement also involves, however, the collection of advice, opinions, and comments from many people, including attorneys and experts, to aid the claim specialist in determining how best to handle your claim. In order to protect the legal and transactional confidentiality and privileges associated with such opinions, comments and advice, we will not disclose this information to you; and
Credit and Financial Reports We may receive information about you and your business regarding your credit. We use this information to verify information you provide during the submission and quote processes and to help underwrite and provide to you the most accurate and cost-effective insurance quote we can provide.
Retention and Correction of Personal Information
We retain personal information only as long as required by our business practices and applicable law. If we become aware that an item of personal information may be materially inaccurate, we will make reasonable effort to re-verify its accuracy and correct any error as appropriate.
Storage of Personal Information
We have in place safeguards to protect data and paper files containing personal information.
Sharing/Disclosing of Personal Information
We maintain procedures to assure that we do not share personal information with an unaffiliated third party for marketing purposes unless such sharing is permitted by law. Personal information may be disclosed to an unaffiliated third party for necessary servicing of the product or service or for other normal business transactions as permitted by law.
We do not disclose personal information to an unaffiliated third party for servicing purposes or joint marketing purposes unless a contract containing a confidentiality/non-disclosure provision has been signed by us and the third party. Unless a consumer consents, we do not disclose consumer credit report type information obtained from an application or a credit report regarding a customer who applies for a financial product to any unaffiliated third party for the purpose of serving as a factor in establishing a consumers eligibility for credit, insurance or employment. Consumer credit report type information means such things as net worth, credit worthiness, lifestyle information [piloting, skydiving, etc.] solvency, etc. We also do not disclose to any unaffiliated third party a policy or account number for use in marketing. We may share with our affiliated companies information that relates to our experience and transactions with the customer.
Policy for Personal Information Relating to Nonpublic Personal Health Information
We do not disclose nonpublic personal health information about a customer unless an authorization is obtained from the customer whose nonpublic personal information is sought to be disclosed. However, an authorization shall not be prohibited, restricted or required for the disclosure of certain insurance functions, including, but not limited to, claims administration, claims adjustment and management, detection, investigation or reporting of actual or potential fraud, misrepresentation or criminal activity, underwriting, policy placement or issuance, loss control and/or auditing.
Access to Your Information
PNAP 002 0209
Page 2 of 3
NOTICE TO POLICYHOLDERS
Our employees, employees of our affiliated companies, and third party service providers will have access to information we collect about you and your business as is necessary to effect transactions with you. We may also disclose information about you to the following categories of person or entities:
Your independent insurance agent or broker;
An independent claim adjuster or investigator, or an attorney or expert involved in the claim; Persons or organizations that conduct scientific studies, including actuaries and accountants; An insurance support organization; Another insurer if to prevent fraud or to properly underwrite a risk;
A state insurance department or other governmental agency, if required by federal, state or local laws; or
Any persons entitled to receive information as ordered by a summons, court order, search warrant, or subpoena.
Violation of the Privacy Policy
Any person violating the Privacy Policy will be subject to discipline, up to and including termination.
For more information or to address questions regarding this privacy statement, please contact your broker.
PNAP 002 0209
Page 3 of 3
NOTICE TO POLICYHOLDERS
U.S. TREASURY DEPARTMENTS OFFICE OF
FOREIGN ASSETS CONTROL (OFAC)
No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided.
This Policyholder Notice provides information concerning the possible impact on your insurance coverage provided under your policy due to directives issued by OFAC. Please read this Policyholder Notice carefully.
OFAC administers and enforces economic and trade sanctions based on US foreign policy and national security goals based on Presidential declarations of "national emergency." OFAC has identified and listed numerous:
Foreign agents
Front organizations
Terrorists
Terrorist organizations
Narcotics traffickers
as "Specially Designated Nationals and Blocked Persons. This list can be found on the United States Treasurys web site http://www.treas.gov/ofac.
In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated US sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance will be immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, neither payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply.
PNAP 003 1208
Page 1 of 1
NOTICE TO POLICYHOLDERS
CLAIMS NOTICE
All claims must be reported to Catlin at:
Catlin
3340 Peachtree Road N.E.
Suite 2950
Atlanta, GA 30326
E-mail: catlinclaimspl@catlin.com Phone: 404-443-4910\888-443-4910 Fax: 404-443-4912
PNCL N01 0509
Page 1 of 1
Policy Number:
Previous Policy Number:
EXCESS INSURANCE POLICY DECLARATIONS
NOTICE: UNLESS OTHERWISE PROVIDED IN THE UNDERLYING INSURANCE, THIS POLICY SHALL ONLY APPLY TO CLAIMS FIRST MADE DURING THE POLICY PERIOD. THE LIMIT OF LIABILITY AVAILABLE TO PAY DAMAGES OR SETTLEMENTS SHALL BE REDUCED AND MAY BE EXHAUSTED BY THE PAYMENT OF DEFENSE EXPENSES. PLEASE READ THIS POLICY CAREFULLY.
Terms appearing in bold are defined in the Policy.
ITEM 1
Named Insured:
Mailing Address:
ITEM 2 | ||
Policy Period: | From: | To: |
At 12:01 A.M. both dates at your mailing address shown above. |
PLXS001 0408
Page 1 of 2
ITEM 3 | ||
Limit of Liability: $ | ||
ITEM 4 | ||
Followed Policy: | ||
Insurer | Coverage (s) | Policy Number |
ITEM 5 | ||
Underlying Insurance Policies: See Schedule of Underlying Insurance. | ||
ITEM 6 | ||
Pending or Prior Date: | ||
ITEM 7 | ||
Estimated Premium: | $ | |
TRIA Premium: | $ | |
State Tax or Other (if applicable): | $ | |
TOTAL PREMIUM: | $ | |
Additional Premium for the Discovery Period: | % | |
ITEM 8 | ||
Forms and Endorsements Forming a Part of this Policy as of the Inception Date: | ||
See Schedule of Forms and Endorsements |
THESE DECLARATIONS, TOGETHER WITH THE COMPLETED AND SIGNED APPLICATION FOR THIS
POLICY, ALL MATERIALS SUBMITTED THEREWITH OR MADE A PART THEREOF AND THE POLICY FORM ATTACHED HERETO, CONSTITUTE THE POLICY.
This Policy shall not be valid unless signed by a duly authorized representative of the Insurer.
Countersigned: | by | ||
Date | Authorized Representative |
PLXS001 0408
Page 2 of 2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SCHEDULE OF FORMS AND ENDORSEMENTS
Named Insured | ||
Policy Number | Policy Period | |
From | To | |
Forms and Endorsements |
ABAP 302 1007
Page of
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SCHEDULE OF UNDERLYING INSURANCE
Named Insured: | ||||
Policy Number: | Policy Period | |||
From: | To: | |||
Item 5. Schedule of Underlying Insurance: | ||||
Insurer | Policy Number | Limit(s) | Excess of | Policy Period |
PLXS 300 0608
Page 1 of 2
EXCESS INSURANCE POLICY
NOTICE: UNLESS OTHERWISE PROVIDED IN THE UNDERLYING INSURANCE, THIS POLICY SHALL ONLY APPLY TO CLAIMS FIRST MADE DURING THE POLICY PERIOD. THE LIMIT OF LIABILITY AVAILABLE TO PAY DAMAGES OR SETTLEMENTS SHALL BE REDUCED AND MAY BE EXHAUSTED BY THE PAYMENT OF DEFENSE EXPENSES. PLEASE READ THIS POLICY CAREFULLY.
In consideration of the payment of the premium, and in reliance upon the statements made in the Application, which is incorporated into this Policy and forms a part hereof, the insurer identified on the Declarations, herein called the Insurer, agrees as follows:
I. | Insuring Agreement | ||
This | Policy provides the Insureds with insurance excess of the Underlying Insurance for | ||
Claims | during the Policy Period. Except as specifically set forth in this Policy or in any written | ||
endorsement | attached to this Policy, the coverage afforded by this Policy applies in conformance | ||
with: | (1) the terms, conditions, exclusions and limitations of the Followed Policy as they existed | ||
on | the inception date of this Policy; and (2) any narrower or more restrictive terms of the other | ||
Underlying | Insurance, to the extent the coverage of the Followed Policy is limited or restricted | ||
by | the terms of such other Underlying Insurance. This Policy shall not provide coverage broader | ||
than | that provided by the Underlying Insurance unless the Insurer specifically agrees to grant | ||
such | broader coverage herein or by written endorsement attached to this Policy. | ||
II. | Definitions | ||
A. | Application means: | ||
1. | the application for this Policy, for the Underlying Insurance and for any policy of which this Policy or the Underlying Insurance is a direct or indirect renewal or replacement, any attachment to any such application(s), any other materials submitted with or incorporated into any such application(s) and any documents submitted in connection with the underwriting of any such policy (ies); and, | ||
2. | to the extent made by or required of the Insureds: |
any public documents filed prior to the inception date of this Policy by the Named Insured with the Securities and Exchange Commission or any similar federal, state, local or foreign regulatory body, and any other written public statement or certification required by law to be made by the chief executive officer, chief financial officer or other executive officer of the Named Insured regarding the accuracy, completeness or adequacy of such Insureds financial statements, SEC filings, or internal controls;
whether or not such public documents, statements or certifications are furnished to the Insurer.
The Insureds agree that all warranties and representations contained in the Application are deemed made to the Insurer. The Insureds agree further that the Application is deemed attached to and incorporated into this Policy.
B. | Claim has the same meaning as attributed to that term in the Followed Policy. |
C. | Followed Policy means the policy identified in Item 4. of the Declarations. |
D. | Insureds means any natural persons or entities extended coverage in the Followed Policy. |
E. | Named Insured means the entity identified in Item 1 of the Declarations. |
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F. | Policy Period means the period of time from the inception date and time stated in Item 2. of the Declarations to the earlier of the expiration date and time stated in Item 2. of the Declarations or the effective date and time of the cancellation of this Policy. | |
G. | Underlying Insurance means the Followed Policy and all Underlying Excess Policies identified in Item 5. of the Declarations, and Underlying Insurers means the insurers of the Underlying Insurance. | |
H. | Underlying Limits means an amount equal to the aggregate of all the limits of the Underlying Insurance combined (excess of their retentions). | |
III. | Limit of Liability | |
The | Limit of Liability stated in Item 3. of the Declarations is the limit of the Insurer's liability for all | |
amounts | arising out of all Claims. The Limit of Liability for the Discovery Period (if applicable) is part | |
of, | and not in addition to, the Limit of Liability for the Policy Period. | |
IV. | Reduction or Exhaustion of Underlying Insurance | |
A. | This Policy does not provide coverage for any Claim not covered by the Underlying Insurance. Liability for any amount shall attach to the Insurer only after the Underlying Insurers shall have paid the full amount of the Underlying Limits and the Insureds shall have paid the full amount of the applicable retention amounts and any other financial obligation under the Underlying Insurance. | |
B. | In the event the Underlying Limits are partially reduced solely due to actual payment by the Underlying Insurers, this Policy shall continue as excess insurance over the reduced Underlying Limits. | |
C. | In the event the Underlying Limits are exhausted due to actual payment by the Underlying Insurers, this Policy shall continue in force as primary insurance; provided always that this Policy shall only pay excess of the retention or deductible amount set forth in the Followed Policy, which retention or deductible amount shall be applied to any subsequent Claim in the same manner as specified in the Followed Policy. | |
D. | This Policy shall pay only in the event of reduction or exhaustion of the Underlying Limits as described above and shall not drop down for any reason including, but not limited to, the uncollectibility in whole or in part of the Underlying Limits or the existence of a sub-limit of liability in any Underlying Insurance; provided, however, this Policy will recognize erosion of any Underlying Policy due to the existence of a sub-limit. The Insureds expressly retain the risk that such Underlying Insurance is uncollectible in whole or in part, for any reason, and the Insurer does not in any way or under any circumstances insure or assume that risk. | |
E. | If any Underlying Insurance bears an inception date prior to the inception date of this Policy, the Insureds shall be deemed to be self-insured for the amount of any such insurance that is exhausted or impaired by payment of amounts with respect to any Claim prior to the inception date of this Policy. | |
V. | Maintenance of Underlying Insurance | |
A. | It is a condition of this Policy that the Underlying Insurance shall be maintained in full effect with solvent insurers during the Policy Period except for any reduction or exhaustion of the aggregate limits contained therein by reason of amounts paid thereunder (as provided for in Section IV. above). Except as provided in Section X., below, failure to comply with this condition will not invalidate this Policy; however, the Insurer shall not be liable under this Policy to any greater extent than it would have been if there had been full compliance with this condition. If for any reason the underlying insurance is not maintained, then the Insureds will be deemed to be self-insured for that amount of the limit(s) of liability that were not maintained. Notwithstanding anything to the contrary in this Policy, all coverage under this Policy will be void from its inception in the event that any Underlying Insurance is rescinded by agreement or legal process for fraud or other material misrepresentation by the Insured. |
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B. | If, during the Policy Period or any Discovery Period, the terms, conditions, exclusions or limitations of any Underlying Insurance are changed in any manner, as a condition precedent to their rights under this Policy the Insureds shall give to the Insurer written notice of the full particulars thereof, as soon as practicable, but in no event later than thirty (30) days following the effective date of such change(s). The coverage provided by this Policy shall apply in conformance with such change(s) only: (1) upon the effective date of the change(s) in the Underlying Insurance; and (2) if the Insurer agrees to follow such change(s) by written endorsement attached to this Policy, the Named Insured agrees to any additional premium and/or amendment of the provisions of this Policy the Insurer requires and the Named Insured pays any such additional premium when due. | |
VI. | Exclusions | |
In | addition to such exclusions or limitation stated in any Underlying Insurance, this Policy provides | |
no | coverage in connection with any Claim arising out of, based upon or in consequence of, directly | |
or | indirectly resulting from or in any way involving: | |
A. | any demand, suit, proceeding or other claim, or any investigation of which any Insured had notice, pending on or prior to the Pending or Prior Date stated in Item 6. of the Declarations; | |
B. | any fact, matter, circumstance, situation, transaction or event underlying or alleged in such demand, suit, proceeding, claim or investigation; | |
C. | any other fact, matter, circumstance, situation, transaction or event which has been the subject of written notice given to any prior insurer; | |
regardless | of the legal theory upon which such Claim is predicated. | |
VII. | Notice of Claims | |
As | a condition precedent to the obligations of the Insurer under this Policy, the Insureds shall, | |
contemporaneously | with and according to the terms of the Followed Policy, give written notice of | |
any | Claim to the Insurer at the address indicated on the Declarations. | |
VIII. | Claim Participation | |
A. | The Insurer shall have the right but not the obligation to associate with the Insureds in the defense, investigation and settlement of any Claim, even if the Underlying Insurance has not been exhausted. The Insureds shall give the Insurer full cooperation and such information as it may reasonably require. The failure of the Insurer to exercise any right under this paragraph at any point in a Claim shall not act as a waiver or limit the right of the Insurer in any manner to exercise such right at any other point in that Claim. | |
B. | With respect to any Claim that appears reasonably likely to involve the Insurer, the Insureds shall not admit or assume any liability, make any settlement offer, enter into any settlement agreement, stipulate to any judgment or incur any amount without the prior written consent of the Insurer. Only those amounts to which the Insurer has consented shall be recoverable under this Policy, such consent not to be unreasonably withheld so long as the Insured did not prevent the Insurer from associating in the defense, investigation or settlement of such Claim. | |
IX. | Discovery Clause | |
The | Insured shall be entitled to a Discovery Period (or Extended Reporting Period) pursuant to | |
the | terms and conditions of the Followed Policy. The Discovery Period (or the Extended | |
Reporting | Period) is not available unless the Named Insured has elected the Discovery Period | |
(or | Extended Reporting Period) in all Underlying Insurance. The Additional Premium for the | |
Discovery | Period is specified in Item 7. of the Declarations and shall be fully earned at the | |
inception | of the Discovery Period. The Discovery Period is not cancellable. |
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X. | Termination | |
A. | This Policy shall terminate immediately upon cancellation of any Underlying Insurance, whether such cancellation is by the Insureds or an Underlying Insurer. | |
B. | Notice of cancellation or non-renewal by any of the Underlying Insurers shall serve as notice of cancellation or non-renewal by the Insurer. | |
C. | This Policy may be canceled by the Named Insured by mailing or delivering prior written |
notice to the Insurer or by surrender of this Policy to the Insurer. This Policy may also be canceled by or on behalf of the Insurer by delivering to the Named Insured or by mailing to the Named Insured by registered, certified or other first class mail, at the address of the Named Insured as stated in the Declarations, written notice stating when not less than thirty (30) days after the date of such notice the cancellation shall be effective; provided, the Insurer may cancel this Policy on twenty (20) days notice for nonpayment of premium due. The mailing of such notice as aforesaid shall be sufficient proof of notice.
D. | If this Policy is canceled by the Named Insured, the Insurer shall retain the customary short rate proportion of the premium hereon. If this Policy is canceled by or on behalf of the Insurer, the Insurer shall retain the pro-rata proportion of the premium hereon. |
XI. | Notice of Material Changes | |
As | a condition precedent to the obligations of the Insurer under this Policy, the Insureds shall give | |
written | notice to the Insurer at the address set forth on the Declarations as soon as practicable but | |
in | no event later than thirty (30) days after the Insured becomes aware of the following events: | |
A. | Any Underlying Insurance being canceled or non-renewed or otherwise ceasing to be in effect or being uncollectible, in part or in whole; | |
B. | Any of the Underlying Insurers being subject to a receivership, liquidation, dissolution, rehabilitation or any similar proceeding or being taken over by any regulatory authority; | |
C. | Any changes to the Underlying Insurance by re-write, endorsement or otherwise; | |
D. | Reduction or exhaustion of any Underlying Insurance; or | |
E. | The Named Insured consolidating with or merging into, or selling all or a majority of its assets to any other person or entity or group of persons and/or entities acting in concert, or any person or entity or group of persons and/or entities acting in concert acquiring an amount of the outstanding securities representing more than fifty percent (50%) of the outstanding stock or other interest representing the present right to vote, designate or select a majority of the board of directors or managers of the Named Insured. | |
XII. | Subrogation |
a. | In the event of payment under this Policy, the Insurer shall be subrogated to the extent of such payment to all of the rights of recovery of the Insureds against any person or organization. The Insureds shall execute and deliver all papers and instruments required and shall and do whatever else is necessary to enable the Insurer effectively to bring suit in their name and otherwise secure such rights. The Insureds shall do nothing to prejudice any such rights. |
b. | Any amount recovered after payment under this Policy shall be apportioned in the inverse order of payment to the extent of the actual payment. The expenses incurred in obtaining any such recoveries shall be apportioned in the ratio of the respective recoveries. |
XIII. | Authorization |
The Insureds agree that the Named Insured will act on behalf of all of the Insureds with respect to the payment or return of premium, the receipt and acceptance of any endorsements, the cancellation of the Policy, the negotiation of renewal, and the giving and receiving of any notice provided for by the terms and conditions of this Policy. | |
XIV. | Conformity to Statute |
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Any terms of this Policy which are in conflict with the terms of any applicable laws construing this Policy are hereby amended to conform to such laws. | |
XV. | Headings |
The descriptions in the headings and any subheading of this Policy (including any titles given to any endorsement attached hereto) are inserted solely for convenience and do not constitute any part of the terms or conditions hereof. | |
XVI. | Service of Suit |
If the Insurer fails to pay any amount claimed to be due under this Policy, the Insurer, at the request of any of the Insureds, will submit to the jurisdiction of any court of competent jurisdiction within the United States, and will comply with all requirements necessary to give such court jurisdiction. Nothing in this Clause constitutes or should be understood to constitute a waiver of the Insurers rights to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another Court as permitted by the laws of the United States or of any State in the United States. | |
The Insurer hereby designates the Superintendent, Commissioner or Director of Insurance or similar officer specified by law for that purpose, or his or her successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of any Insured under the Policy. Upon receipt of process lawfully served, that official may mail such process to Claim Manager- Professional Liability at the address stated on the Declarations. |
THIS POLICY SHALL NOT BE VALID UNLESS COMPLETED BY THE ATTACHMENT HERETO OF A DECLARATION PAGE AND SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF THE
INSURER.
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IN WITNESS ENDORSEMENT
CATLIN SPECIALTY INSURANCE COMPANY
ADMINISTRATIVE OFFICE: |
3340 Peachtree Road N.E. Suite 2950 Atlanta, GA 30326 |
STATUTORY HOME OFFICE: |
160 Greentree Drive Suite 101 Dover, Delaware 19904 |
It is hereby agreed and understood that the following In Witness Clause supercedes any and all other In Witness clauses in this policy.
All other provisions remain unchanged.
IN WITNESS WHEREOF, the Company has caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by a duly authorized representative of the Company
Richard S. Banas President |
Steven C. Adams Secretary |
ABAP 401 0807
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
QUOTA-SHARE ENDORSEMENT
In consideration of the payment of the premium for this Policy, it is hereby understood and agreed that the Policy is amended as follows:
1. | "Quota-Share Insurer" means each insurer identified in paragraph 2. below in the percentage participation identified in paragraph 2. |
2. | This Policy is part of a quota share participation arrangement between the Quota-Share Insurers and the Insured (the "Program") which provides a $ 50,000,000 Limit of Liability excess of the Underlying Limits and consists of the following: |
Quota-Share Insurer | Policy Number | Limit of Liability | Quota-Share | ||||
Insurers Percentage | |||||||
Participation | |||||||
Catlin Specialty | XSP | -92190-0710 | $ | 5,000,000 | 10 | % | |
Insurance Company | |||||||
Federal Insurance | 81906762 | $ | 5,000,000 | 10 | % | ||
Company | |||||||
Lloyds of London | B080113012 | P10 | $ | 6,000,000 | 12 | % | |
Chartis Excess | 33078846 | $ | 6,000,000 | 12 | % | ||
Limited | |||||||
Houston Casualty | 24-MG-10-A10267 | $ | 8,000,000 | 16 | % | ||
Company | |||||||
National Casualty | XMO 1000021 | $ | 10,000,000 | 20 | % | ||
Company | |||||||
Twin City Fire | FI 0252157-10 | $ | 10,000,000 | 20 | % | ||
Insurance Company |
3. | Each Quota-Share Insurer shall be liable only for its own percentage of each covered amount, | |
subject | to its own Limit of Liability. | |
4. | Each Quota-Share Insurer shall: | |
a. | receive notice of any claim submitted for coverage under the Program; | |
b. | make its own determination of whether any amount is covered under the Program; and | |
c. | elect whether to participate in the investigation, settlement or defense of any claim. | |
5. | The liability of each Quota-Share Insurer shall be several and not joint. The failure, refusal or | |
inability | of any Quota-Share Insurer to pay covered amounts, including any financial inability to pay, | |
shall | not increase or otherwise affect the liability of any other Quota-Share Insurer. The Insured | |
expressly | retains the risk of any gap in coverage or uncollectibility and the Insurer does not in any | |
way | insure or assume such risk. |
All other terms, conditions and exclusions remain unchanged.
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:____________ | Policy No.: | Endorsement No. __1___ |
Insured: | Premium:_______________ | |
PLDO 414 0609 | Page 1 of 2 |
Insurance Company:___________________________________________________________________
Authorized Signature:
PLDO 414 0609
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
REDUCTION OR EXHAUSTION BY UNDERLYING INSURERS
AND/OR INSUREDS ENDORSEMENT
In consideration of the payment of the premium for this Policy, it is hereby understood and agreed that the Policy is amended as follows: Section IV. is deleted in its entirety and is replaced with the following:
IV. | Reduction or Exhaustion of Underlying Insurance | |
A. | This Policy does not provide coverage for any Claim not covered by the Underlying Insurance. Liability for any amount shall attach to the Insurer only after the full amount of the | |
Underlying Limits shall have been paid by the Underlying Insurers and/or the Insureds and the Insureds shall have paid the full amount of the applicable retention amounts and any other financial obligation under the Underlying Insurance. The Insureds shall be deemed self-insured for the amount of the Underlying Limits which is not paid, for any reason, by the Underlying Insurers, and the Insureds shall pay said amount before any liability attaches to the Insurer. The Insurer reserves the right to determine coverage notwithstanding payment by the Underlying Insurers and/or the Insureds of the Underlying Limits. | ||
B. | In the event the Underlying Limits are partially reduced solely due to actual payment by the Underlying Insurers and/or the Insureds, this Policy shall continue as excess insurance over the reduced Underlying Limits. | |
C. | In the event the Underlying Limits are exhausted due to actual payment by the Underlying Insurers and/or the Insureds, this Policy shall continue in force as primary insurance; provided always that this Policy shall only pay excess of the retention or deductible amount set forth in the Followed Policy, which retention or deductible amount shall be applied to any subsequent Claim in the same manner as specified in the Followed Policy. | |
D. | This Policy shall pay only in the event of reduction or exhaustion of the Underlying Limits as described above and shall not drop down for any reason including, but not limited to, the uncollectibility in whole or in part of the Underlying Limits, exhaustion of underlying first- party coverage, or the existence of a sub-limit of liability in any Underlying Insurance; provided, however, this Policy will recognize erosion of any Underlying Policy due to the existence of first-party coverage or a sub-limit. The Insureds expressly retain the risk that such Underlying Insurance is uncollectible in whole or in part, for any reason, and the Insurer does not in any way or under any circumstances insure or assume that risk. | |
E. | If any Underlying Insurance bears an inception date prior to the inception date of this Policy, | |
the | Insureds shall be deemed to be self-insured for the amount of any such insurance that is | |
exhausted | or impaired by payment of amounts with respect to any Claim prior to the | |
inception | date of this Policy. | |
All | other terms, conditions and exclusions remain unchanged. |
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:____________ | Policy No.: | Endorsement No. __2___ |
Insured: | Premium:_______________ |
Insurance Company:___________________________________________________________________
Authorized Signature:
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TIE IN LIMITS ENDORSEMENT
In consideration of the payment of the premium for this Policy, it is hereby understood and agreed that the Policy is amended as follows:
The aggregate Limit of Liability of this Policy and of Policy No.: XSP-92189-0710 issued to the Named Insured by the Insurer together shall be $5,000,000. Payment of Loss under this Policy shall also reduce and may exhaust the aggregate Limit of Liability under Policy No.: XSP-92189-0710.
All other terms, conditions and exclusions remain unchanged.
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:____________ | Policy No.: | Endorsement No. __3___ |
Insured: | Premium:_______________ |
Insurance Company:___________________________________________________________________
Authorized Signature:
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PREMIUM BILL
Insured: | FIDELITY EQUITY AND HIGH INCOME FUNDS | Date: March 10, 2011 |
Producer: | WILLIS OF MASSACHUSETTS, INC. | |
Company: | FEDERAL INSURANCE COMPANY |
THIS BILLING IS TO BE ATTACHED TO AND FORM PART OF THE BOND REFERENCED BELOW.
NOTE: PLEASE RETURN THIS BILL WITH REMITTANCE AND NOTE HEREON ANY CHANGES. BILL
WILL BE RECEIPTED AND RETURNED TO YOU PROMPTLY UPON REQUEST.
PLEASE REMIT TO PRODUCER INDICATED ABOVE. PLEASE REFER TO: | |||||
EFFECTIVE DATE | BOND NUMBER | COVERAGE | PREMIUM | ||
July 1, 2010 | 82047565 | Excess Bond Form E | $ | 15,000.00 | |
To | |||||
July 1, 2011 | |||||
0% Commission | |||||
TOTAL | $ | 15,000.00 |
Chubb Group of Insurance Companies | DECLARATIONS | |||||
FINANCIAL INSTITUTION | ||||||
15 Mountain View Road, Warren, New Jersey 07059 | EXCESS BOND FORM E | |||||
NAME OF ASSURED: | Bond Number: 82047565 | |||||
FIDELITY EQUITY AND HIGH INCOME FUNDS | FEDERAL INSURANCE COMPANY | |||||
Incorporated under the laws of Indiana, | ||||||
82 DEVONSHIRE STREET, MAILSTOP F3D | a stock insurance company, herein called the COMPANY | |||||
BOSTON, MA 02109 | ||||||
Capital Center, 251 North Illinois, Suite 1100 | ||||||
Indianapolis, IN 46204-1927 | ||||||
ITEM 1. | BOND PERIOD: | from | 12:01 a.m. on July 1, 2010 | |||
to | 12:01 a.m. on July 1, 2011 | |||||
ITEM 2. | AGGREGATE LIMIT OF LIABILITY: $5,000,000 part of $50,000,000 | |||||
ITEM 3. | SINGLE LOSS LIMIT OF LIABILITY: | $5,000,000 part of $50,000,000 | ||||
ITEM 4. | DEDUCTIBLE AMOUNT: $ As per the primary carrier | |||||
ITEM 5. | PRIMARY BOND: | |||||
Insurer: | National Union Fire Insurance Company of Pittsburgh, Pa | |||||
Bond No.: | 01-986-29-38 | |||||
Limit: | $15,000,000 Single Loss / $15,000,000 Aggregate | |||||
Deductible: | $400,000 Single Loss / $400,000 Aggregate | |||||
Bond Period: | July 1, 2010 July 1, 2011 | |||||
ITEM 6. | COVERAGE EXCEPTIONS TO PRIMARY BOND: | |||||
NOTWITHSTANDING ANY COVERAGE PROVIDED BY THE PRIMARY BOND, THIS EXCESS BOND | ||||||
DOES NOT DIRECTLY OR INDIRECTLY COVER: None | ||||||
ITEM 7. | TOTAL OF LIMITS OF LIABILITY OF OTHER UNDERLYING BONDS, EXCESS OF PRIMARY BOND: | |||||
$ | 85,000,000 | |||||
ITEM 8. | THE LIABILITY OF THE COMPANY IS ALSO SUBJECT TO THE TERMS OF THE FOLLOWING | |||||
ENDORSEMENTS EXECUTED SIMULTANEOUSLY HEREWITH: |
1 - 2
IN WITNESS WHEREOF, THE COMPANY issuing this Bond has caused this Bond to be signed by its authorized officers, but it shall not be valid unless also signed by a duly authorized representative of the Company.
Secretary
March 10, 2011
Date
Excess Bond (7-92) | |
Form 17-02-0842 (Ed. 7-92) | Page 1 of 1 |
The COMPANY, in consideration of the required premium, and in reliance on the statements and information furnished to the COMPANY by the ASSURED, and subject to the DECLARATIONS made a part of this bond and to all other terms and conditions of this bond, agrees to pay the ASSURED for:
Insuring Clause Loss which would have been paid under the Primary Bond but for the fact the loss
exceeds the Deductible Amount.
Coverage under this bond shall follow the terms and conditions of the Primary Bond, except with respect to:
a. | The coverage exceptions in ITEM 6. of the DECLARATIONS; and |
b. | The limits of liability as stated in ITEM 2. and ITEM 3. of the DECLARATIONS. |
With respect to the exceptions stated above, the provisions of this bond shall apply.
General Agreements | ||
Change Or Modification | A. | If after the inception date of this bond the Primary Bond is changed or modified, |
Of Primary Bond | written notice of any such change or modification shall be given to the COMPANY | |
as soon as practicable, not to exceed thirty (30) days after such change or | ||
modification, together with such information as the COMPANY may request. There | ||
shall be no coverage under this bond for any loss related to such change or | ||
modification until such time as the COMPANY is advised of and specifically | ||
agrees by written endorsement to provide coverage for such change or | ||
modification. | ||
Representations Made | B. | The ASSURED represents that all information it has furnished to the COMPANY |
By Assured | for this bond or otherwise is complete, true and correct. Such information | |
constitutes part of this bond. | ||
The ASSURED must promptly notify the COMPANY of any change in any fact or | ||
circumstance which materially affects the risk assumed by the COMPANY under | ||
this bond. | ||
Any misrepresentation, omission, concealment or incorrect statement of a material | ||
fact by the ASSURED to the COMPANY shall be grounds for recision of this bond. | ||
Notice To Company Of | C. | The ASSURED shall notify the COMPANY at the earliest practical moment, not to |
Legal Proceedings Against | exceed thirty (30) days after the ASSURED receives notice, of any legal | |
Assured - Election To | proceeding brought to determine the ASSUREDS liability for any loss, claim or | |
Defend | damage which, if established, would constitute a collectible loss under this bond or | |
any of the Underlying Bonds. Concurrent with such notice, and as requested | ||
thereafter, the ASSURED shall furnish copies of all pleadings and pertinent | ||
papers to the COMPANY. |
Excess Bond (7-92) R | |
Form 17-02-0842 (Ed. 7-92) R | Page 1 of 5 |
General Agreements | ||||||
Notice To Company Of | If the COMPANY elects to defend all or part of any legal proceeding, the court | |||||
Legal Proceedings Against | costs and attorneys fees incurred by the COMPANY and any settlement or | |||||
Assured - Election To | judgment on that part defended by the COMPANY shall be a loss under this bond. | |||||
Defend | The COMPANYS liability for court costs and attorneys fees incurred in defending | |||||
(continued) | all or part of such legal proceeding is limited to the proportion of such court costs | |||||
and attorneys fees incurred that the amount recoverable under this bond bears to | ||||||
the amount demanded in such legal proceeding. | ||||||
If the COMPANY declines to defend the ASSURED, no settlement without the | ||||||
prior written consent of the COMPANY or judgment against the ASSURED shall | ||||||
determine the existence, extent or amount of coverage under this bond, and the | ||||||
COMPANY shall not be liable for any costs, fees and expenses incurred by the | ||||||
ASSURED. | ||||||
Conditions And | ||||||
Limitations | ||||||
Definitions | 1 | . | As used in this bond: | |||
a. | Deductible Amount means the amount stated in ITEM 4. of the | |||||
DECLARATIONS. In no event shall this Deductible Amount be reduced for | ||||||
any reason, including but not limited to, the non-existence, invalidity, | ||||||
insufficiency or uncollectibility of any of the Underlying Bonds, including the | ||||||
insolvency or dissolution of any Insurer providing coverage under any of the | ||||||
Underlying Bonds. | ||||||
b. | Primary Bond means the bond scheduled in ITEM 5. of the | |||||
DECLARATIONS or any bond that may replace or substitute for such bond. | ||||||
c. | Single Loss means all covered loss, including court costs and attorneys | |||||
fees incurred by the COMPANY under General Agreement C., resulting | ||||||
from: | ||||||
(1 | ) | any one act of burglary, robbery or attempt either, in which no | ||||
employee of the ASSURED is implicated, or | ||||||
(2 | ) | any one act or series of related acts on the part of any person resulting | ||||
in damage to or destruction or misplacement of property, or | ||||||
(3 | ) | all acts other than those specified in c.(1) and c.(2), caused by any | ||||
person or in which such person is implicated, or | ||||||
(4 | ) | any one event not specified above, in c.(1), c.(2) or c.(3). | ||||
d. | Underlying Bonds means the Primary Bond and all other insurance | |||||
coverage referred to in ITEM 7. of the DECLARATIONS. |
Excess Bond (7-92) | |
Form 17-02-0842 (Ed. 7-92) | Page 2 of 5 |
Conditions And Limitations
(continued)
Limit Of Liability
Aggregate Limit Of Liability
Single Loss Limit Of Liability
2. | The COMPANYS total cumulative liability for all Single Losses of all ASSUREDS | |
discovered | during the BOND PERIOD shall not exceed the AGGREGATE LIMIT | |
OF | LIABILITY as stated in ITEM 2. of the DECLARATIONS. Each payment made | |
under | the terms of this bond shall reduce the unpaid portion of the AGGREGATE | |
LIMIT | OF LIABILITY until it is exhausted. | |
On | exhausting the AGGREGATE LIMIT OF LIABILITY by such payments: | |
a. | the COMPANY shall have no further liability for loss or losses regardless of when discovered and whether or not previously reported to the COMPANY, and | |
b. | the COMPANY shall have no obligation under General Agreement C. to continue the defense of the ASSURED, and on notice by the COMPANY to the ASSURED that the AGGREGATE LIMIT OF LIABILITY has been exhausted, the ASSURED shall assume all responsibility for its defense at its own cost. |
The unpaid portion of the AGGREGATE LIMIT OF LIABILITY shall not be increased or reinstated by any recovery made and applied in accordance with Section 4. In the event that a loss of property is settled by indemnity in lieu of payment, then such loss shall not reduce the unpaid portion of the AGGREGATE LIMIT OF LIABILITY.
The COMPANYS liability for each Single Loss shall not exceed the SINGLE LOSS LIMIT OF LIABILITY as stated in ITEM 3. of the DECLARATIONS or the unpaid portion of the AGGREGATE LIMIT OF LIABILITY, whichever is less.
Discovery | 3 | . | This bond applies only to loss first discovered by the ASSURED during the BOND | |
PERIOD. Discovery occurs at the earlier of the ASSURED being aware of: | ||||
a. | facts which may subsequently result in a loss of a type covered by this bond, | |||
or | ||||
b. | an actual or potential claim in which it is alleged that the ASSURED is liable | |||
to a third party, | ||||
regardless of when the act or acts causing or contributing to such loss occurred, | ||||
even though the amount of loss does not exceed the applicable Deductible | ||||
Amount, or the exact amount or details of loss may not then be known. | ||||
Subrogation-Assignment- | 4 | . | In the event of a payment under this bond, the COMPANY shall be subrogated to | |
Recovery | all of the ASSUREDS rights of recovery against any person or entity to the extent | |||
of such payments. On request, the ASSURED shall deliver to the COMPANY an | ||||
assignment of the ASSUREDS rights, title and interest and causes of action | ||||
against any person or entity to the extent of such payment. |
Excess Bond (7-92) | |
Form 17-02-0842 (Ed. 70-2) | Page 3 of 5 |
Conditions And | ||||
Limitations | ||||
Subrogation-Assignment- | Recoveries, whether effected by the COMPANY or by the ASSURED, shall be | |||
Recovery | applied net of the expense of such recovery, first, to the satisfaction of the | |||
(continued) | ASSUREDS loss which would otherwise have been paid but for the fact that it is | |||
in excess of the AGGREGATE LIMIT OF LIABILITY, second, to the COMPANY in | ||||
satisfaction of amounts paid in settlement of the ASSUREDS claim and third, to | ||||
the ASSURED in satisfaction of the DEDUCTIBLE AMOUNT. Recovery from | ||||
reinsurance and/or indemnity of the COMPANY shall not be deemed a recovery | ||||
under this Section. | ||||
Cooperation Of Assured | 5 | . | At the COMPANYS request and at reasonable times and places designated by | |
the COMPANY the ASSURED shall: | ||||
a. | submit to examination by the COMPANY and subscribe to the same under | |||
oath, and | ||||
b. | produce for the COMPANYS examination all pertinent records, and | |||
c. | cooperate with the COMPANY in all matters pertaining to the loss. | |||
The ASSURED shall execute all papers and render assistance to secure to the | ||||
COMPANY the rights and causes of action provided for under this bond. The | ||||
ASSURED shall do nothing after loss to prejudice such rights or causes of action. | ||||
Termination | 6 | . | This bond terminates as an entirety on the earliest occurrence of any of the | |
following: | ||||
a. | sixty (60) days after the receipt by the ASSURED of a written notice from the | |||
COMPANY of its decision to terminate this bond, or | ||||
b. | immediately on the receipt by the COMPANY of a written notice from the | |||
ASSURED of its decision to terminate this bond, or | ||||
c. | immediately on the appointment of a trustee, receiver or liquidator to act on | |||
behalf of the ASSURED, or the taking over of the ASSURED by State or | ||||
Federal officials, or | ||||
d. | immediately on the dissolution of the ASSURED, or | |||
e. | immediately on exhausting the AGGREGATE LIMIT OF LIABILITY, or | |||
f. | immediately on expiration of the BOND PERIOD, or | |||
g. | immediately on cancellation, termination or recision of the Primary Bond. | |||
Conformity | 7 | . | If any limitation within this bond is prohibited by any law controlling this bonds | |
construction, such limitation shall be deemed to be amended so as to equal the | ||||
minimum period of limitation provided by such law. |
Excess Bond (7-92) | |
Form 17-02-0842 (Ed. 7-92) | Page 4 of 5 |
Conditions And
Limitations
(continued)
Change Or Modification | 8 | . | This bond or any instrument amending or affecting this bond may not be changed |
Of This Bond | or modified orally. No change in or modification of this bond shall be effective | ||
except when made by written endorsement to this bond signed by an Authorized | |||
Representative of the COMPANY. |
Excess Bond (7-92) | |
Form 17-02-0842 (Ed. 70-2) | Page 5 of 5 |
ENDORSEMENT/RIDER | ||
Effective date of | ||
this endorsement/rider: July 1, 2010 | FEDERAL INSURANCE COMPANY | |
Endorsement/Rider No. | 1 | |
To be attached to and | ||
form a part of Bond No. | 82047565 | |
Issued to: FIDELITY EQUITY AND HIGH INCOME FUNDS |
COMPLIANCE WITH APPLICABLE TRADE SANCTION LAWS
It is agreed that this insurance does not apply to the extent that trade or economic sanctions or other similar laws or regulations prohibit the coverage provided by this insurance.
The title and any headings in this endorsement/rider are solely for convenience and form no part of the terms and conditions of coverage.
All other terms, conditions and limitations of this Bond shall remain unchanged.
Authorized Representative
14-02-9228 (02/2010)
Page 1
FEDERAL INSURANCE COMPANY | ||
Endorsement No.: 2 | ||
Bond Number: | 82047565 | |
NAME OF ASSURED: | FIDELITY EQUITY AND HIGH INCOME FUNDS |
SHARED AGGREGATE LIMITS ENDORSEMENT
It is agreed that in addition to this Bond, the COMPANY has issued to the ASSURED all Policies and Bonds listed below. It is expressly acknowledged by the ASSURED that the premium for this Bond and all Policies and Bonds listed below has been negotiated with the understanding that this Bond and all Policies and Bonds listed below combine and share a single aggregate limit of liability. Therefore, in consideration of the premium charged:
1. | The COMPANY and the ASSURED agreed that the COMPANYs maximum aggregate limit of liability for all Loss under this Bond, and for all payments of Loss under all Policies and Bonds listed below, in the aggregate, shall not exceed $5,000,000. |
2. | It is agreed that the COMPANY shall have no obligation under this Bond to make any payment of Loss to the extent that the amount of such Loss, when added to the amount of any Loss paid under this Bond and any Loss paid under any Policies and Bonds listed below, would exceed $5,000,000. Any payment of Loss under any Policies and Bonds listed below shall reduce the Limits of Liability available under this Bond for the payment of any Loss during the BOND PERIOD. |
3. | If the COMPANY shall have paid Loss under this Bond and Loss under any Policies and Bonds listed below in an aggregate amount equaling $5,000,000, any and all obligations of the COMPANY under this Bond and the Policies and Bonds listed below shall be completely fulfilled and extinguished, and the COMPANY shall have no further obligations of any kind or nature under this Bond and the Policies and Bonds listed below. |
4. | If a Loss is covered by this Bond and one or more of the Policies and Bonds listed below, and if more than one deductible amount applies to such Loss, the largest applicable deductible amount shall be the deductible amount applicable to such Loss. |
Policy/Bond Type | Policy/Bond Number |
Excess Policy | 8210-5061 |
Excess Bond | |
Form 17-02-5154 (Ed. 2-04) | Page 1 |
For the purposes of this Endorsement, Loss shall include Single Loss as defined in this Bond and any Bond or Policy listed above and Loss as defined in any Policy listed above.
THIS ENDORSEMENT DOES NOT INCREASE THE LIMITS OF LIABILITY, AS SET FORTH IN THE
DECLARATIONS.
Name and Address of Assured:
FIDELITY EQUITY AND HIGH INCOME FUNDS
82 DEVONSHIRE STREET, MAILSTOP F3D
BOSTON, MA 02109
Signature of Assureds Representative
Position/Title
Date
This Endorsement applies to loss discovered after 12:01 a.m. on July 1, 2010.
ALL OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
Date: March 10, 2011
Excess Bond | |
Form 17-02-5154 (Ed. 2-04) | Page 2 |
IMPORTANT NOTICE TO POLICYHOLDERS
All of the members of the Chubb Group of Insurance companies doing business in the United States (hereinafter Chubb) distribute their products through licensed insurance brokers and agents (producers). Detailed information regarding the types of compensation paid by Chubb to producers on US insurance transactions is available under the Producer Compensation link located at the bottom of the page at www.chubb.com, or by calling 1-866-588-9478. Additional information may be available from your producer.
Thank you for choosing Chubb.
10-02-1295 (ed. 6/2007)
POLICYHOLDER DISCLOSURE NOTICE OF
TERRORISM INSURANCE COVERAGE
(for policies with no terrorism exclusion or sublimit)
You are hereby notified that, under the Terrorism Risk Insurance Act (the Act), effective December 26, 2007, this policy makes available to you insurance for losses arising out of certain acts of terrorism. Terrorism is defined as any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.
You should know that the insurance provided by your policy for losses caused by acts of terrorism is partially reimbursed by the United States under the formula set forth in the Act. Under this formula, the United States pays 85% of covered terrorism losses that exceed the statutorily established deductible to be paid by the insurance company providing the coverage.
However, if aggregate insured losses attributable to terrorist acts certified under the Act exceed $100 billion in a Program Year (January 1 through December 31), the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion.
10-02-1281 (Ed. 1/2003)
If aggregate insured losses attributable to terrorist acts certified under the Act exceed $100 billion in a Program Year (January 1 through December 31) and we have met our insurer deductible under the Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury.
The portion of your policys annual premium that is attributable to insurance for such acts of terrorism is: $ -0-.
If you have any questions about this notice, please contact your agent or broker.
10-02-1281 (Ed. 1/2003)
FIDELITY EQUITY AND HIGH INCOME FUNDS 82 DEVONSHIRE STREET, MAILSTOP F3D BOSTON, MA 02109
Re: Financial Strength
Insuring Company: FEDERAL INSURANCE COMPANY
Dear FIDELITY EQUITY AND HIGH INCOME FUNDS
Chubb continues to deliver strong financial performance. Our financial strength, as reflected in our published reports and our ratings, should give you peace of mind that Chubb will be there for you when you need us most.
Chubbs financial results during 2010 stand out in the industry. | ||
Chubbs balance sheet is backed with investments that we believe emphasize quality, safety, and liquidity, with total invested assets of $43 billion as of September 30, 2010. | ||
With 128 years in the business, Chubb is here for the long term, which is why we vigorously guard our financial strength and take what we believe is a prudent approach to assuming riskon both the asset and | ||
liability | sides of our balance sheet. | |
Chubb is one of the most highly rated property and casualty companies in the industry, which is a reflection of our overall quality, strong financial condition, and strong capital position. | ||
o | Chubbs financial strength rating is A++ from A.M. Best Company, AA from Fitch, Aa2 from Moodys, and AA from Standard & Poors the leading independent evaluators of the insurance industry. | |
o | A.M. Best, Fitch, and Moodys recently affirmed all of Chubbs ratings with a stable outlook. (For reference, A.M. Best reaffirmed us on 3/17/10, Fitch on 2/13/09, and Moodys on 2/4/09.) | |
o | Forbes named Chubb one of the 100 Most Trustworthy Companies in 2010, based on Chubbs transparent and conservative accounting practices and prudent management. | |
o | For more than 50 years, Chubb has remained part of an elite group of insurers that have maintained A.M. Bests highest ratings. | |
Fitch ranked Chubb #1 for five- and 10-year financial performance in a 6/10/10 report. | ||
On the 2010 Fortune 500 list, Chubb ranks #176 in revenue, #85 in assets, #80 in 1999-2009 annual growth rate, #64 in profits, and #39 in profit as a percentage of revenue. | ||
Chubb was named to Standard & Poors list of S&P 500 Dividend Aristocrats, one of 52 companies in the S&P 500 index that have increased dividends every year for at least 25 consecutive years. | ||
Chubbs investment portfolio has held up extremely well. Chubb takes what we believe is a conservative approach to selecting and managing our assets. Furthermore, Chubb does not have any direct exposure to the subprime mortgage-backed securities market, and we stopped doing new credit derivative business in 2003 and put existing business in runoff. |
Rarely has Chubbs business philosophyto underwrite conservatively and invest judiciouslybeen more important than it is today. By adhering to this philosophy, we have the capacity and flexibility to respond to opportunities, especially when you engage us in fully understanding your business risks.
We want you to know that Chubb is well-positioned to continue serving your needs with our underwriting expertise; broad underwriting appetite across all property, casualty, and specialty lines; and claim services. If you have any questions, feel free to call your agent or broker or your local Chubb underwriter. As always, we appreciate the trust you place in us as your insurance partner.
99-10-0100 (11/2010)
PREMIUM BILL
Insured: | FIDELITY FIXED INCOME AND ASSET ALLOCATION FUNDS | Date: March 10, 2011 |
Producer: | WILLIS OF MASSACHUSETTS, INC. | |
Company: | FEDERAL INSURANCE COMPANY |
THIS BILLING IS TO BE ATTACHED TO AND FORM PART OF THE BOND REFERENCED BELOW.
NOTE: PLEASE RETURN THIS BILL WITH REMITTANCE AND NOTE HEREON ANY CHANGES. BILL
WILL BE RECEIPTED AND RETURNED TO YOU PROMPTLY UPON REQUEST.
PLEASE REMIT TO PRODUCER INDICATED ABOVE. PLEASE REFER TO: | |||||
EFFECTIVE DATE | BOND NUMBER | COVERAGE | PREMIUM | ||
July 1, 2010 | 81906762 | Excess Bond Form E | $ | 15,000.00 | |
To | |||||
July 1, 2011 | |||||
0% Commission | |||||
TOTAL | $ | 15,000.00 |
Chubb Group of Insurance Companies | DECLARATIONS | |||||
FINANCIAL INSTITUTION | ||||||
15 Mountain View Road, Warren, New Jersey 07059 | EXCESS BOND FORM E | |||||
NAME OF ASSURED: | Bond Number: 81906762 | |||||
FIDELITY FIXED INCOME AND ASSET ALLOCATION FUNDS | FEDERAL INSURANCE COMPANY | |||||
Incorporated under the laws of Indiana, | ||||||
82 DEVONSHIRE STREET, MAILSTOP F3D | a stock insurance company, herein called the COMPANY | |||||
BOSTON, MA 02109 | ||||||
Capital Center, 251 North Illinois, Suite 1100 | ||||||
Indianapolis, IN 46204-1927 | ||||||
ITEM 1. | BOND PERIOD: | from | 12:01 a.m. on July 1, 2010 | |||
to | 12:01 a.m. on July 1, 2011 | |||||
ITEM 2. | AGGREGATE LIMIT OF LIABILITY: $5,000,000 part of $50,000,000 | |||||
ITEM 3. | SINGLE LOSS LIMIT OF LIABILITY: | $5,000,000 part of $50,000,000 | ||||
ITEM 4. | DEDUCTIBLE AMOUNT: $ As per the primary carrier | |||||
ITEM 5. | PRIMARY BOND: | |||||
Insurer: | National Union Fire Insurance Company of Pittsburgh, Pa | |||||
Bond No.: | 01-986-29-38 | |||||
Limit | $15,000,000 Single Loss / $15,000,000 Aggregate | |||||
Deductible: | $400,000 Single Loss / $400,000 Aggregate | |||||
Bond Period: | July 1, 2010 July 1, 2011 | |||||
ITEM 6. | COVERAGE EXCEPTIONS TO PRIMARY BOND: | |||||
NOTWITHSTANDING ANY COVERAGE PROVIDED BY THE PRIMARY BOND, THIS EXCESS BOND | ||||||
DOES NOT DIRECTLY OR INDIRECTLY COVER: None | ||||||
ITEM 7. | TOTAL OF LIMITS OF LIABILITY OF OTHER UNDERLYING BONDS, EXCESS OF PRIMARY BOND: | |||||
$ | 85,000,000 | |||||
ITEM 8. | THE LIABILITY OF THE COMPANY IS ALSO SUBJECT TO THE TERMS OF THE FOLLOWING | |||||
ENDORSEMENTS EXECUTED SIMULTANEOUSLY HEREWITH: |
1 - 2
IN WITNESS WHEREOF, THE COMPANY issuing this Bond has caused this Bond to be signed by its authorized officers, but it shall not be valid unless also signed by a duly authorized representative of the Company.
Secretary
March 10, 2011
Date
Excess Bond (7-92) | |
Form 17-02-0842 (Ed. 7-92) | Page 1 of 1 |
The COMPANY, in consideration of the required premium, and in reliance on the statements and information furnished to the COMPANY by the ASSURED, and subject to the DECLARATIONS made a part of this bond and to all other terms and conditions of this bond, agrees to pay the ASSURED for:
Insuring Clause Loss which would have been paid under the Primary Bond but for the fact the loss
exceeds the Deductible Amount.
Coverage under this bond shall follow the terms and conditions of the Primary Bond, except with respect to:
a. | The coverage exceptions in ITEM 6. of the DECLARATIONS; and |
b. | The limits of liability as stated in ITEM 2. and ITEM 3. of the DECLARATIONS. |
With respect to the exceptions stated above, the provisions of this bond shall apply.
General Agreements | ||
Change Or Modification | A. | If after the inception date of this bond the Primary Bond is changed or modified, |
Of Primary Bond | written notice of any such change or modification shall be given to the COMPANY | |
as soon as practicable, not to exceed thirty (30) days after such change or | ||
modification, together with such information as the COMPANY may request. There | ||
shall be no coverage under this bond for any loss related to such change or | ||
modification until such time as the COMPANY is advised of and specifically | ||
agrees by written endorsement to provide coverage for such change or | ||
modification. | ||
Representations Made | B. | The ASSURED represents that all information it has furnished to the COMPANY |
By Assured | for this bond or otherwise is complete, true and correct. Such information | |
constitutes part of this bond. | ||
The ASSURED must promptly notify the COMPANY of any change in any fact or | ||
circumstance which materially affects the risk assumed by the COMPANY under | ||
this bond. | ||
Any misrepresentation, omission, concealment or incorrect statement of a material | ||
fact by the ASSURED to the COMPANY shall be grounds for recision of this bond. | ||
Notice To Company Of | C. | The ASSURED shall notify the COMPANY at the earliest practical moment, not to |
Legal Proceedings Against | exceed thirty (30) days after the ASSURED receives notice, of any legal | |
Assured - Election To | proceeding brought to determine the ASSUREDS liability for any loss, claim or | |
Defend | damage which, if established, would constitute a collectible loss under this bond or | |
any of the Underlying Bonds. Concurrent with such notice, and as requested | ||
thereafter, the ASSURED shall furnish copies of all pleadings and pertinent | ||
papers to the COMPANY. |
Excess Bond (7-92) R | |
Form 17-02-0842 (Ed. 7-92) R | Page 1 of 5 |
General Agreements | ||||||
Notice To Company Of | If the COMPANY elects to defend all or part of any legal proceeding, the court | |||||
Legal Proceedings Against | costs and attorneys fees incurred by the COMPANY and any settlement or | |||||
Assured - Election To | judgment on that part defended by the COMPANY shall be a loss under this bond. | |||||
Defend | The COMPANYS liability for court costs and attorneys fees incurred in defending | |||||
(continued) | all or part of such legal proceeding is limited to the proportion of such court costs | |||||
and attorneys fees incurred that the amount recoverable under this bond bears to | ||||||
the amount demanded in such legal proceeding. | ||||||
If the COMPANY declines to defend the ASSURED, no settlement without the | ||||||
prior written consent of the COMPANY or judgment against the ASSURED shall | ||||||
determine the existence, extent or amount of coverage under this bond, and the | ||||||
COMPANY shall not be liable for any costs, fees and expenses incurred by the | ||||||
ASSURED. | ||||||
Conditions And | ||||||
Limitations | ||||||
Definitions | 1 | . | As used in this bond: | |||
a. | Deductible Amount means the amount stated in ITEM 4. of the | |||||
DECLARATIONS. In no event shall this Deductible Amount be reduced for | ||||||
any reason, including but not limited to, the non-existence, invalidity, | ||||||
insufficiency or uncollectibility of any of the Underlying Bonds, including the | ||||||
insolvency or dissolution of any Insurer providing coverage under any of the | ||||||
Underlying Bonds. | ||||||
b. | Primary Bond means the bond scheduled in ITEM 5. of the | |||||
DECLARATIONS or any bond that may replace or substitute for such bond. | ||||||
c. | Single Loss means all covered loss, including court costs and attorneys | |||||
fees incurred by the COMPANY under General Agreement C., resulting | ||||||
from: | ||||||
(1 | ) | any one act of burglary, robbery or attempt either, in which no | ||||
employee of the ASSURED is implicated, or | ||||||
(2 | ) | any one act or series of related acts on the part of any person resulting | ||||
in damage to or destruction or misplacement of property, or | ||||||
(3 | ) | all acts other than those specified in c.(1) and c.(2), caused by any | ||||
person or in which such person is implicated, or | ||||||
(4 | ) | any one event not specified above, in c.(1), c.(2) or c.(3). | ||||
d. | Underlying Bonds means the Primary Bond and all other insurance | |||||
coverage referred to in ITEM 7. of the DECLARATIONS. |
Excess Bond (7-92) | |
Form 17-02-0842 (Ed. 7-92) | Page 2 of 5 |
Conditions And Limitations
(continued)
Limit Of Liability
Aggregate Limit Of Liability
Single Loss Limit Of Liability
2. | The COMPANYS total cumulative liability for all Single Losses of all ASSUREDS | |
discovered | during the BOND PERIOD shall not exceed the AGGREGATE LIMIT | |
OF | LIABILITY as stated in ITEM 2. of the DECLARATIONS. Each payment made | |
under | the terms of this bond shall reduce the unpaid portion of the AGGREGATE | |
LIMIT | OF LIABILITY until it is exhausted. | |
On | exhausting the AGGREGATE LIMIT OF LIABILITY by such payments: | |
a. | the COMPANY shall have no further liability for loss or losses regardless of when discovered and whether or not previously reported to the COMPANY, and | |
b. | the COMPANY shall have no obligation under General Agreement C. to continue the defense of the ASSURED, and on notice by the COMPANY to the ASSURED that the AGGREGATE LIMIT OF LIABILITY has been exhausted, the ASSURED shall assume all responsibility for its defense at its own cost. |
The unpaid portion of the AGGREGATE LIMIT OF LIABILITY shall not be increased or reinstated by any recovery made and applied in accordance with Section 4. In the event that a loss of property is settled by indemnity in lieu of payment, then such loss shall not reduce the unpaid portion of the AGGREGATE LIMIT OF LIABILITY.
The COMPANYS liability for each Single Loss shall not exceed the SINGLE LOSS LIMIT OF LIABILITY as stated in ITEM 3. of the DECLARATIONS or the unpaid portion of the AGGREGATE LIMIT OF LIABILITY, whichever is less.
Discovery | 3 | . | This bond applies only to loss first discovered by the ASSURED during the BOND | |
PERIOD. Discovery occurs at the earlier of the ASSURED being aware of: | ||||
a. | facts which may subsequently result in a loss of a type covered by this bond, | |||
or | ||||
b. | an actual or potential claim in which it is alleged that the ASSURED is liable | |||
to a third party, | ||||
regardless of when the act or acts causing or contributing to such loss occurred, | ||||
even though the amount of loss does not exceed the applicable Deductible | ||||
Amount, or the exact amount or details of loss may not then be known. | ||||
Subrogation-Assignment- | 4 | . | In the event of a payment under this bond, the COMPANY shall be subrogated to | |
Recovery | all of the ASSUREDS rights of recovery against any person or entity to the extent | |||
of such payments. On request, the ASSURED shall deliver to the COMPANY an | ||||
assignment of the ASSUREDS rights, title and interest and causes of action | ||||
against any person or entity to the extent of such payment. |
Excess Bond (7-92) | |
Form 17-02-0842 (Ed. 70-2) | Page 3 of 5 |
Conditions And | ||||
Limitations | ||||
Subrogation-Assignment- | Recoveries, whether effected by the COMPANY or by the ASSURED, shall be | |||
Recovery | applied net of the expense of such recovery, first, to the satisfaction of the | |||
(continued) | ASSUREDS loss which would otherwise have been paid but for the fact that it is | |||
in excess of the AGGREGATE LIMIT OF LIABILITY, second, to the COMPANY in | ||||
satisfaction of amounts paid in settlement of the ASSUREDS claim and third, to | ||||
the ASSURED in satisfaction of the DEDUCTIBLE AMOUNT. Recovery from | ||||
reinsurance and/or indemnity of the COMPANY shall not be deemed a recovery | ||||
under this Section. | ||||
Cooperation Of Assured | 5 | . | At the COMPANYS request and at reasonable times and places designated by | |
the COMPANY the ASSURED shall: | ||||
a. | submit to examination by the COMPANY and subscribe to the same under | |||
oath, and | ||||
b. | produce for the COMPANYS examination all pertinent records, and | |||
c. | cooperate with the COMPANY in all matters pertaining to the loss. | |||
The ASSURED shall execute all papers and render assistance to secure to the | ||||
COMPANY the rights and causes of action provided for under this bond. The | ||||
ASSURED shall do nothing after loss to prejudice such rights or causes of action. | ||||
Termination | 6 | . | This bond terminates as an entirety on the earliest occurrence of any of the | |
following: | ||||
a. | sixty (60) days after the receipt by the ASSURED of a written notice from the | |||
COMPANY of its decision to terminate this bond, or | ||||
b. | immediately on the receipt by the COMPANY of a written notice from the | |||
ASSURED of its decision to terminate this bond, or | ||||
c. | immediately on the appointment of a trustee, receiver or liquidator to act on | |||
behalf of the ASSURED, or the taking over of the ASSURED by State or | ||||
Federal officials, or | ||||
d. | immediately on the dissolution of the ASSURED, or | |||
e. | immediately on exhausting the AGGREGATE LIMIT OF LIABILITY, or | |||
f. | immediately on expiration of the BOND PERIOD, or | |||
g. | immediately on cancellation, termination or recision of the Primary Bond. | |||
Conformity | 7 | . | If any limitation within this bond is prohibited by any law controlling this bonds | |
construction, such limitation shall be deemed to be amended so as to equal the | ||||
minimum period of limitation provided by such law. |
Excess Bond (7-92) | |
Form 17-02-0842 (Ed. 7-92) | Page 4 of 5 |
Conditions And
Limitations
(continued)
Change Or Modification | 8 | . | This bond or any instrument amending or affecting this bond may not be changed |
Of This Bond | or modified orally. No change in or modification of this bond shall be effective | ||
except when made by written endorsement to this bond signed by an Authorized | |||
Representative of the COMPANY. |
Excess Bond (7-92) | |
Form 17-02-0842 (Ed. 70-2) | Page 5 of 5 |
ENDORSEMENT/RIDER | ||
Effective date of | ||
this endorsement/rider: July 1, 2010 | FEDERAL INSURANCE COMPANY | |
Endorsement/Rider No. | 1 | |
To be attached to and | ||
form a part of Bond No. | 81906762 | |
Issued to: FIDELITY FIXED INCOME AND ASSET ALLOCATION FUNDS |
COMPLIANCE WITH APPLICABLE TRADE SANCTION LAWS
It is agreed that this insurance does not apply to the extent that trade or economic sanctions or other similar laws or regulations prohibit the coverage provided by this insurance.
The title and any headings in this endorsement/rider are solely for convenience and form no part of the terms and conditions of coverage.
All other terms, conditions and limitations of this Bond shall remain unchanged.
Authorized Representative
14-02-9228 (02/2010)
Page 1
FEDERAL INSURANCE COMPANY | ||
Endorsement No.: 2 | ||
Bond Number: | 81906762 | |
NAME OF ASSURED: | FIDELITY FIXED INCOME AND ASSET ALLOCATION FUNDS |
SHARED AGGREGATE LIMITS ENDORSEMENT
It is agreed that in addition to this Bond, the COMPANY has issued to the ASSURED all Policies and Bonds listed below. It is expressly acknowledged by the ASSURED that the premium for this Bond and all Policies and Bonds listed below has been negotiated with the understanding that this Bond and all Policies and Bonds listed below combine and share a single aggregate limit of liability. Therefore, in consideration of the premium charged:
1. | The COMPANY and the ASSURED agreed that the COMPANYs maximum aggregate limit of liability for all Loss under this Bond, and for all payments of Loss under all Policies and Bonds listed below, in the aggregate, shall not exceed $5,000,000. |
2. | It is agreed that the COMPANY shall have no obligation under this Bond to make any payment of Loss to the extent that the amount of such Loss, when added to the amount of any Loss paid under this Bond and any Loss paid under any Policies and Bonds listed below, would exceed $5,000,000. Any payment of Loss under any Policies and Bonds listed below shall reduce the Limits of Liability available under this Bond for the payment of any Loss during the BOND PERIOD. |
3. | If the COMPANY shall have paid Loss under this Bond and Loss under any Policies and Bonds listed below in an aggregate amount equaling $5,000,000, any and all obligations of the COMPANY under this Bond and the Policies and Bonds listed below shall be completely fulfilled and extinguished, and the COMPANY shall have no further obligations of any kind or nature under this Bond and the Policies and Bonds listed below. |
4. | If a Loss is covered by this Bond and one or more of the Policies and Bonds listed below, and if more than one deductible amount applies to such Loss, the largest applicable deductible amount shall be the deductible amount applicable to such Loss. |
Policy/Bond Type | Policy/Bond Number |
Excess Policy | 8212-0106 |
Excess Bond | |
Form 17-02-5154 (Ed. 2-04) | Page 1 |
For the purposes of this Endorsement, Loss shall include Single Loss as defined in this Bond and any Bond or Policy listed above and Loss as defined in any Policy listed above.
THIS ENDORSEMENT DOES NOT INCREASE THE LIMITS OF LIABILITY, AS SET FORTH IN THE
DECLARATIONS.
Name and Address of Assured:
FIDELITY FIXED INCOME AND ASSET ALLOCATION FUNDS
82 DEVONSHIRE STREET, MAILSTOP F3D
BOSTON, MA 02109
Signature of Assureds Representative
Position/Title
Date
This Endorsement applies to loss discovered after 12:01 a.m. on July 1, 2010.
ALL OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
Date: March 10, 2011
Excess Bond | |
Form 17-02-5154 (Ed. 2-04) | Page 2 |
IMPORTANT NOTICE TO POLICYHOLDERS
All of the members of the Chubb Group of Insurance companies doing business in the United States (hereinafter Chubb) distribute their products through licensed insurance brokers and agents (producers). Detailed information regarding the types of compensation paid by Chubb to producers on US insurance transactions is available under the Producer Compensation link located at the bottom of the page at www.chubb.com, or by calling 1-866-588-9478. Additional information may be available from your producer.
Thank you for choosing Chubb.
10-02-1295 (ed. 6/2007)
POLICYHOLDER DISCLOSURE NOTICE OF
TERRORISM INSURANCE COVERAGE
(for policies with no terrorism exclusion or sublimit)
You are hereby notified that, under the Terrorism Risk Insurance Act (the Act), effective December 26, 2007, this policy makes available to you insurance for losses arising out of certain acts of terrorism. Terrorism is defined as any act certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States Mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion.
You should know that the insurance provided by your policy for losses caused by acts of terrorism is partially reimbursed by the United States under the formula set forth in the Act. Under this formula, the United States pays 85% of covered terrorism losses that exceed the statutorily established deductible to be paid by the insurance company providing the coverage.
However, if aggregate insured losses attributable to terrorist acts certified under the Act exceed $100 billion in a Program Year (January 1 through December 31), the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion.
10-02-1281 (Ed. 1/2003)
If aggregate insured losses attributable to terrorist acts certified under the Act exceed $100 billion in a Program Year (January 1 through December 31) and we have met our insurer deductible under the Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury.
The portion of your policys annual premium that is attributable to insurance for such acts of terrorism is: $ -0-.
If you have any questions about this notice, please contact your agent or broker.
10-02-1281 (Ed. 1/2003)
FIDELITY FIXED INCOME AND ASSET ALLOCATION FUNDS 82 DEVONSHIRE STREET, MAILSTOP F3D
BOSTON, MA 02109
Re: Financial Strength
Insuring Company: FEDERAL INSURANCE COMPANY
Dear FIDELITY FIXED INCOME AND ASSET ALLOCATION FUNDS
Chubb continues to deliver strong financial performance. Our financial strength, as reflected in our published reports and our ratings, should give you peace of mind that Chubb will be there for you when you need us most.
Chubbs financial results during 2010 stand out in the industry. | ||
Chubbs balance sheet is backed with investments that we believe emphasize quality, safety, and liquidity, with total invested assets of $43 billion as of September 30, 2010. | ||
With 128 years in the business, Chubb is here for the long term, which is why we vigorously guard our financial strength and take what we believe is a prudent approach to assuming riskon both the asset and | ||
liability | sides of our balance sheet. | |
Chubb is one of the most highly rated property and casualty companies in the industry, which is a reflection of our overall quality, strong financial condition, and strong capital position. | ||
o | Chubbs financial strength rating is A++ from A.M. Best Company, AA from Fitch, Aa2 from Moodys, and AA from Standard & Poors the leading independent evaluators of the insurance industry. | |
o | A.M. Best, Fitch, and Moodys recently affirmed all of Chubbs ratings with a stable outlook. (For reference, A.M. Best reaffirmed us on 3/17/10, Fitch on 2/13/09, and Moodys on 2/4/09.) | |
o | Forbes named Chubb one of the 100 Most Trustworthy Companies in 2010, based on Chubbs transparent and conservative accounting practices and prudent management. | |
o | For more than 50 years, Chubb has remained part of an elite group of insurers that have maintained A.M. Bests highest ratings. | |
Fitch ranked Chubb #1 for five- and 10-year financial performance in a 6/10/10 report. | ||
On the 2010 Fortune 500 list, Chubb ranks #176 in revenue, #85 in assets, #80 in 1999-2009 annual growth rate, #64 in profits, and #39 in profit as a percentage of revenue. | ||
Chubb was named to Standard & Poors list of S&P 500 Dividend Aristocrats, one of 52 companies in the S&P 500 index that have increased dividends every year for at least 25 consecutive years. | ||
Chubbs investment portfolio has held up extremely well. Chubb takes what we believe is a conservative approach to selecting and managing our assets. Furthermore, Chubb does not have any direct exposure to the subprime mortgage-backed securities market, and we stopped doing new credit derivative business in 2003 and put existing business in runoff. |
Rarely has Chubbs business philosophyto underwrite conservatively and invest judiciouslybeen more important than it is today. By adhering to this philosophy, we have the capacity and flexibility to respond to opportunities, especially when you engage us in fully understanding your business risks.
We want you to know that Chubb is well-positioned to continue serving your needs with our underwriting expertise; broad underwriting appetite across all property, casualty, and specialty lines; and claim services. If you have any questions, feel free to call your agent or broker or your local Chubb underwriter. As always, we appreciate the trust you place in us as your insurance partner.
99-10-0100 (11/2010)
January 20, 2011
Mary Brothwell
Willis of Massachusetts Inc.
Three Copley Pl, Ste 300
Boston, MA 02216
RE: | Insured Name: | Fidelity Equity & High Income Fund | ||
Policy Number: XMO1000023 (the Policy) | ||||
Limit/Layer: | $10,000,000 part of $50,000,000 Excess of | $ | 100,000,000 | |
Dear Mary, |
Freedom Specialty is pleased to provide you with the enclosed Fidelity Equity & High Income Fund Policy, with effective dates 07/01/2010 to 07/01/2011, issued by National Casualty Company (the Company) to the above captioned insured.
As requested, the Policy has been issued despite the fact that Freedom Specialty has not received all of the Underlying Excess policy(ies)/endorsements.
As you are aware, the binder for this Policy may contains a subjectivity(ies) regarding receipt, review and acceptance of complete copies of the binders for all of the Underlying Excess policies, as well as complete copies of all of the policies themselves. Please forward complete copies of all of the policies to my attention as soon as possible.
The Company fully reserves its rights to amend the Policy in the event that any inconsistencies exist between the binders related to the policies and the policies when issued. In addition, by issuing the Policy, the Company does not waive any rights or defenses it may have in connection with the Policy, nor is it stopped from asserting all or any defenses that may be available to it with regard to the Policy.
If you have any questions or concerns, please do not hesitate to contact me.
8877 North Gainey Center Drive
Scottsdale, Arizona 85258
1-800-423-7675
A STOCK COMPANY
In Witness Whereof, the Company has caused this policy to be executed and attested.
The information contained herein replaces any similar information contained elsewhere in the policy.
UT-COVPG (7-09)
Home Office: Madison Wisconsin
Administrative Office: 8877 North Gainey Center Drive Scottsdale, Arizona 85258
1-800-423-7675
EXCESS INSURANCE POLICY
UNLESS OTHERWISE PROVIDED IN THE FOLLOWED POLICY, THIS POLICY APPLIES ONLY TO CLAIMS FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD OR EXTENDED REPORTING PERIOD. THE LIMIT OF LIABILITY SHALL BE REDUCED BY PAYMENT OF DEFENSE COSTS.
DECLARATIONS
Item 1 | Named | FIDELITY EQUITY & HIGH INCOME FUND | Policy No.: | XMO1000023 |
Insured & | 82 DEVONSHIRE ST, MAIL ZONE F3D | Agent No.: | 31405 | |
Mailing | BOSTON, MA 02109 | |||
Address | Renewal No.: | XMO0900023 |
Item 2. Aggregate Limit of Liability: $ $10,000,000 PART OF $50,000,000
all Claims(inclusive of defense costs)
Item 3. Policy Period: | |||
07/01/2010 | to | 07/01/2011 | 12:01 a.m. local time at Named Insured's Mailing Address. |
Item 4. Followed Policy: | ||||||||
Issuing Insurer: NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA | ||||||||
Limit of Liability: | $ | 15,000,000 | Policy No.: | 01-986-29-38 | ||||
Deductible(s)/Retention(s): | $ | 400,000 | ||||||
Item 5. Schedule of Underlying Policies: | Deductible(s)/ | |||||||
Issuing Insurer | Policy No. | Limits of Liability | Retention(s) | |||||
Primary Policy SAME AS ITEM 4. ABOVE | ||||||||
Underlying Excess Policies: | ||||||||
Issuing Insurer | Policy No. | Limits of Liability | Attachment | |||||
1st Excess: | SEE FORM UT-358 (12-07) | |||||||
2nd Excess: | ||||||||
3rd Excess: | ||||||||
4th Excess: | ||||||||
5th Excess: | ||||||||
6th Excess: | ||||||||
7th Excess: | ||||||||
8th Excess: |
Item 6. Premium: $ | 34,279 | Terrorism Premium: $ | 346 | Total Premium: $ | 34,625 |
Item 7. Endorsements Effective at Inception: | |||||
SEE SCHEDULE OF FORMS AND ENDORSEMENTS | |||||
Item 8. Notices to Company: |
Notice of Claims to:
NATIONAL CASUALTY COMPANY
7 WORLD TRADE CENTER SUITE 33A
NEW YORK, NY 10007
Other Notices to:
NATIONAL CASUALTY COMPANY
7 WORLD TRADE CENTER SUITE 33A
NEW YORK, NY 10007
These Declarations/Policy, together with the Application and any written endorsements attached thereto, shall constitute the contract between the Insured and the Company.
XM-D-1 (8-07)
xmd1d.fap
SCHEDULE OF FORMS AND ENDORSEMENTS | |||||
Policy No. | XMO1000023 | Effective Date: | 07/01/2010 | ||
12:01 A.M., Standard Time | |||||
Named Insured FIDELITY EQUITY & HIGH INCOME FUND | Agent No. | 31405 | |||
EXCESS LIABILITY FORMS | |||||
UT | -COVPG 7-09 | Cover Page |
XM | -D-1 | 8-07 | Excess Insurance Policy Declarations |
UT | -SP-2 | 12-95 | Schedule Of Forms and Endorsements |
XM | -P-1 | 8-07 | Excess Insurance Policy |
UT | -358 | 12-07 | Schedule Of Underlying Policies |
XM | -56 | 1-08 | Quota Share Endorsement |
XM | -58 | 1-08 | Exhaustion/Reduction Of Underlying Limits |
ADDITIONAL FORMS
UT-3g 3-92
Tie-In of Limits Endorsement
UT-SP-2 (12-95)
utsp2mgt.fap
A Stock Insurance Company, herein called the Company
EXCESS INSURANCE POLICY
UNLESS OTHERWISE PROVIDED IN THE FOLLOWED POLICY, THIS POLICY APPLIES ONLY TO CLAIMS FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD OR EXTENDED REPORTING PERIOD. THE LIMIT OF LIABILITY SHALL BE REDUCED AND MAY BE EXHAUSTED BY PAYMENT OF DEFENSE COSTS.
In consideration of the payment of the premium and in reliance upon the statements in the Application, which is made a part hereof and subject to the Declarations, terms and conditions of this Policy, the insurance company indicated in the Declarations (herein called the Company) and the Insured agree as follows:
I. | INSURING AGREEMENT | |
The | Company shall provide the Insureds with insurance coverage excess of the Underlying Policies. This Policy is sub- | |
ject | to the same representations as are contained in the applications for the Underlying Policies and, except with | |
respect | to the premium, the limit of liability and as otherwise provided herein, the insurance coverage provided by this | |
Policy | shall apply in accordance with the same terms, definitions, conditions, exclusions and limitations as are contained | |
in | the Followed Policy and, to the extent coverage is further limited or restricted thereby, in any other of the Underlying | |
Policies. | This Policy shall not grant broader coverage than the most restrictive of the Underlying Policies. | |
II. | DEFINITIONS | |
A. | Application means all signed applications and any information submitted therewith for this Policy. | |
B. | Claim has the same meaning in this Policy as in the Followed Policy. | |
C. | Insured means any persons or entities entitled to coverage under the Followed Policy. | |
D. | Named Insured means the entity named in Item 1. of the Declarations. | |
E. | Policy Period means the period from the effective date to the expiration date of this Policy as set forth in Item 3. of the Declarations, or any earlier termination date. | |
F. | Followed Policy means the policy, as constituted at its inception, named in Item 4. of the Declarations. | |
G. | Underlying Policies mean all policies, as constituted at their inception, listed in Item 5. of the Declarations. | |
H. | Underlying Limits means an amount equal to the total of all aggregate limits of liability for all Underlying Policies, plus the uninsured retention or deductible applicable to the primary policy named in Item 5. of the Declarations. | |
III. | LIMIT OF LIABILITY | |
The | amount stated in Item 2. of the Declarations shall be the maximum amount payable by the Company under this Pol- | |
icy | with respect to all Claims first made during the Policy Period. | |
IV. | REDUCTION OR EXHAUSTION OF UNDERLYING LIMITS | |
A. | In the event the Underlying Limits are partially reduced by reason of actual payment by the insurers of the Underly- ing Policies, then subject to the Limit of Liability this Policy shall continue to apply as excess over the reduced Underlying Limits. | |
B. | In the event the Underlying Limits are wholly exhausted by reason of actual payment by the insurers of the Under- lying Policies (and the Insured has paid the full amount of any applicable deductible or uninsured retention under the Followed Policy), then subject to the Limit of Liability this Policy shall continue to apply as primary insurance; |
XM-P-1 (8-07)
Page 1 of 2
provided always that this Policy shall only pay excess of such applicable deductible or retention, which shall be applied to any subsequent Claim in the same manner as specified in the Followed Policy. | |||
C. | This Policy shall only pay in the event of the reduction or exhaustion of the Underlying Policies by reason of actual | ||
payment | by the insurers of the Underlying Limits as described above and shall not drop down for any other reason, | ||
including | but not limited to existence of any sub-limit in any Underlying Policy or the uncollectibility (in whole or in | ||
part) | of any of the Underlying Limits; provided, however, this Policy will recognize erosion of any of the Underlying | ||
Policies | due to the existence of a sub-limit. | ||
The | Insureds expressly retain the risk of any gap in coverage or uncollectibility and the Company does not in any | ||
way | insure or assume such risk. | ||
V. | CONDITIONS OF COVERAGE | ||
A. | As a condition precedent to this Policy's coverage, the Insureds agree to maintain the Underlying Policies in full | ||
effect | with solvent insurers during the Policy Period except for any reduction or exhaustion of the Underlying Limits | ||
by | reason of actual payments thereunder. If the Underlying Policies are not so maintained, the Company shall | ||
not | be liable under this Policy to a greater extent than it would have been had such Underlying Policies been | ||
maintained. | |||
B. | As a condition precedent to this Policy's coverage, the Insureds shall notify the Company in writing of any of the fol- | ||
lowing | events as soon as practicable thereafter, with full particulars: | ||
(1) | the reduction or exhaustion of any of the Underlying Limits; | ||
(2) | the cancellation or termination of, or failure to maintain in full effect, any of the Underlying Policies; | ||
(3) | any change to any of the Underlying Policies; or | ||
(4) | the insurer of any of the Underlying Policies becoming subject to a receivership, liquidation, dissolution, re- habilitation or similar proceeding or being taken over by any regulatory authority. | ||
C. | If during the Policy Period or any discovery or extended reporting period, any terms of any of the Underlying Pol- | ||
icies | are changed in any manner, this Policy shall not be subject to such change unless the Company consents to | ||
such | change by written endorsement to this Policy. Unless the Company so consents to such change, the Com- | ||
pany | shall not be liable to a greater extent than it would have been absent such change to any of the Underlying | ||
Policies. |
XM-P-1 (8-07)
Page 2 of 2
SCHEDULE OF UNDERLYING POLICIES | |||||||
Policy No.: XMO1000023 | Effective Date: | 07/01/2010 | |||||
12:01 A.M. Standard Time | |||||||
Named Insured: FIDELITY EQUITY & HIGH INCOME FUND | Agent No.: | 31405 | |||||
Issuing Insurer | Policy Number | Limits of Liability | Attachment | ||||
1ST EXCESS: | |||||||
WESTCHESTER FIRE | DOX G21661612 005 | $ | 10,000,000 | $ | 15,000,000 | ||
INSURANCE COMPANY | |||||||
2ND EXCESS: | |||||||
EVEREST NATIONAL | FL5FD00012-101 | $ | 10,000,000 | $ | 25,000,000 | ||
INSURANCE COMPANY | |||||||
3RD EXCESS: | |||||||
ICI MUTUAL INSURANCE | 87153310 | B | $ | 15,000,000 | $ | 35,000,000 | |
COMPANY | |||||||
4TH EXCESS: | |||||||
ENDURANCE SPECIALTY | P006738005 | $ | 15,000,000 | $ | 50,000,000 | ||
INSURANCE LIMITED | |||||||
5TH EXCESS: | |||||||
ST. PAUL MERCURY | 469PB0983 | $ | 10,000,000 | $ | 65,000,000 | ||
INSURANCE COMPANY | |||||||
6TH EXCESS: | |||||||
CONTINENTAL INSURANCE | 287042220 | $ | 10,000,000 | $ | 75,000,000 | ||
COMPANY | |||||||
7TH EXCESS: | |||||||
STARR INDEMNITY AND | SISIXFL21025310 | $10,000,000 PART OF | $ | 85,000,000 | |||
LIABILITY COMPANY | $ | 15,000,000 | |||||
AXIS INSURANCE COMPANY | MBN 727586/01/2010 | $ 5,000,000 PART OF | |||||
$ | 15,000,000 |
UT-358 (12-07)
ENDORSEMENT | |||
NO. | 1 | ||
ATTACHED TO AND | ENDORSEMENT EFFECTIVE DATE | ||
FORMING A PART OF | NAMED INSURED | AGENT NO. | |
POLICY NUMBER | (12:01 A.M. STANDARD TIME) | ||
XMO1000023 | 07/01/2010 | FIDELITY EQUITY & HIGH INCOME FUND | 31405 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCESS POLICY - EXHAUSTION/REDUCTION OF UNDERLYING LIMITS
In consideration of the premium paid, it is hereby understood and agreed that Section IV. REDUCTION OR EXHAUSTION OF UNDERLYING LIMITS, Section C. is deleted in its entirety and replaced with the following:
C. | This Policy shall only pay covered loss in the event of the reduction or exhaustion of the Underlying Policies by reason of actual payment by the insurers of the Underlying Limits for covered loss; pro- vided, however, if the Insured shall pay any covered loss, then the Company agrees to recognize that the Underlying Limits are reduced or exhausted to the extent of such payments by the Insured. In no way shall such payment by the Insured constitute a waiver of any terms, conditions or exclusions of the |
Underlying Policies or this Policy. This Policy shall not drop down for any other reason, including but not limited to the existence of any sublimit in any Underlying Policy or the uncollectibility (in whole or in part) of any of the Underlying Limits; provided, however, this policy will recognize erosion of any of the | |
Underlying Policies due to the existence of a sublimit. |
The Insureds expressly retain the risk of any gap in coverage or uncollectibility and the Company does not in any way insure or assume such risk.
All other terms and conditions of this Policy remain unchanged.
/
AUTHORIZED REPRESENTATIVE
DATE
XM-58 (1-08)
Page 1 of 1
ENDORSEMENT | |||
NO. | 2 | ||
ATTACHED TO AND | ENDORSEMENT EFFECTIVE DATE | ||
FORMING A PART OF | NAMED INSURED | AGENT NO. | |
POLICY NUMBER | (12:01 A.M. STANDARD TIME) | ||
XMO1000023 | 07/01/2010 | FIDELITY EQUITY & HIGH INCOME FUND | 31405 |
EXCESS POLICY - QUOTA SHARE ENDORSEMENT
In consideration of the premium paid, it is hereby understood and agreed that:
1. | This Policy is part of a quota share participation arrangement between the Participating Insurers and the |
Insured (the "Program") which provides a $ 50,000,000 | Limit of Liability excess of the Under- | ||||||
lying Limits and consists of the following: | |||||||
Participating | Participating | Participating | |||||
Participating Insurer | Insurer's Policy | Insurer's Limit of | Insurer's | ||||
Number | Liability | Percentage | |||||
NATIONAL CASUALTY | XMO1000023 | $ | 10,000,000 | 20.00 | % | ||
COMPANY | |||||||
FEDERAL INSURANCE | 82047565 | $ | 5,000,000 | 10.00 | % | ||
COMPANY | |||||||
TWIN CITY FIRE | FI 0252161-10 | $ | 10,000,000 | 20.00 | % | ||
INSURANCE COMPANY | |||||||
CATLIN SPECIALTY | XSP | -92187-0710 | $ | 5,000,000 | 10.00 | % | |
INSURANCE COMPANY | |||||||
HOUSTON CASUALTY | 24-MG-10-A10265 | $ | 8,000,000 | 16.00 | % | ||
COMPANY | |||||||
LLOYD'S OF LONDON | B080113016 | P10 | $ | 6,000,000 | 12.00 | % | |
CHARTIS EXCESS | 33089944 | $ | 6,000,000 | 12.00 | % | ||
LIMITED |
2. | Each Participating Insurer shall be liable only for its own percentage of each covered loss, subject to its | |
own | Limit of Liability. | |
3. | Each Participating Insurer shall: | |
A. | receive notice of any claim submitted for coverage under the Program; | |
B. | make its own determination of whether loss is covered under the Program; and | |
C. | elect whether to participate in the investigation, settlement or defense of any claim. | |
4. | The liability of each Participating Insurer shall be several and not joint. The failure, refusal or inability of | |
any | Participating Insurer to pay covered loss, including, without limitation, an inability based upon insol- | |
vency, | shall not increase or otherwise affect the liability of any other Participating Insurer. The Insured | |
expressly | retains the risk of any gap in coverage or uncollectibility and the Company does not in any | |
way | insure or assume such risk. |
All other terms and conditions of this Policy remain unchanged.
/
AUTHORIZED REPRESENTATIVE
DATE
XM-56 (1-08)
Page 1 of 1
ENDORSEMENT | ||||
National Casualty Company | NO. | 3 | ||
ATTACHED TO AND | ||||
ENDORSEMENT EFFECTIVE DATE | ||||
FORMING A PART OF | NAMED INSURED | AGENT NO. | ||
(12:01 A.M. STANDARD TIME) | ||||
POLICY NUMBER | ||||
XMO1000023 | 07/01/2010 | FIDELITY EQUITY & HIGH INCOME FUND | 31405 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCESS POLICY TIE-IN OF LIMITS ENDORSEMENT
In consideration of the premium paid, it is hereby understood and agreed that there shall be a combined Limit of Liability of $ 10,000,000 for all Claims under this Policy and all claims under policy number XMO1000022 issued by the Company to All Fidelity Funds, including any policy that renews or replaces or succeeds in time either policy, which combined Limit of Liability shall be the maximum amount payable by the Company under all such policies.
All other terms and conditions of this Policy remain unchanged.
___________________________________________/____________________________ | |
AUTHORIZED REPRESENTATIVE | DATE |
UT-3g (3-92)
January 19, 2011
Mary Brothwell
Willis of Massachusetts Inc.
Three Copley Pl, Ste 300
Boston, MA 02116
RE: | Insured Name: | Fidelity Fixed Income & Asset Allocation Fund |
Policy Number: XMO1000021 (the Policy) | ||
Limit/Layer: | $10,000,000 part of $50,000,000 Excess of $100,000,000 | |
Dear Mary, |
Freedom Specialty is pleased to provide you with the enclosed Fidelity Fixed Income & Asset Allocation Fund (Bond) Policy, with effective dates 07/01/2010 to 07/01/2011, issued by National Casualty Company (the Company) to the above captioned insured.
As requested, the Policy has been issued despite the fact that Freedom Specialty has not received all of the Underlying Excess policy(ies)/endorsements.
As you are aware, the binder for this Policy may contains a subjectivity(ies) regarding receipt, review and acceptance of complete copies of the binders for all of the Underlying Excess policies, as well as complete copies of all of the policies themselves. Please forward complete copies of all of the policies to my attention as soon as possible.
The Company fully reserves its rights to amend the Policy in the event that any inconsistencies exist between the binders related to the policies and the policies when issued. In addition, by issuing the Policy, the Company does not waive any rights or defenses it may have in connection with the Policy, nor is it stopped from asserting all or any defenses that may be available to it with regard to the Policy.
If you have any questions or concerns, please do not hesitate to contact me.
8877 North Gainey Center Drive
Scottsdale, Arizona 85258
1-800-423-7675
A STOCK COMPANY
In Witness Whereof, the Company has caused this policy to be executed and attested.
The information contained herein replaces any similar information contained elsewhere in the policy.
UT-COVPG (7-09)
Home Office: Madison Wisconsin
Administrative Office: 8877 North Gainey Center Drive Scottsdale, Arizona 85258
1-800-423-7675
EXCESS INSURANCE POLICY
UNLESS OTHERWISE PROVIDED IN THE FOLLOWED POLICY, THIS POLICY APPLIES ONLY TO CLAIMS FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD OR EXTENDED REPORTING PERIOD. THE LIMIT OF LIABILITY SHALL BE REDUCED BY PAYMENT OF DEFENSE COSTS.
DECLARATIONS
Item 1 | Named | FIDELITY FIXED INCOME & ASSET | Policy No.: | XMO1000021 | |
Insured & | ALLOCATION FUND | Agent No.: | 31405 | ||
Mailing | 82 DEVONSHIRE ST, MAIL ZONE F3D | ||||
Address | BOSTON, MA 02109 | Renewal No.: | XMO0900021 | ||
Item 2. Aggregate Limit of Liability: $ 10,000,000 PART OF $50,000,000 | all Claims(inclusive of defense costs) |
Item 3. Policy Period: | |||
07/01/2010 | to | 07/01/2011 | 12:01 a.m. local time at Named Insured's Mailing Address. |
Item 4. Followed Policy: | |||||||||
Issuing Insurer: NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA | |||||||||
Limit of Liability: | $ | 15,000,000 | Policy No.: | 01-986-29-38 | |||||
Deductible(s)/Retention(s): $400,000 | |||||||||
Item 5. Schedule of Underlying Policies: | Deductible(s)/ | ||||||||
Issuing Insurer | Policy No. | Limits of Liability | Retention(s) | ||||||
Primary Policy SAME AS ITEM 4. ABOVE | |||||||||
Underlying Excess Policies: | |||||||||
Issuing Insurer | Policy No. | Limits of Liability | Attachment | ||||||
1st Excess: | UT | -358 | (12-07) | ||||||
2nd Excess: | |||||||||
3rd Excess: | |||||||||
4th Excess: | |||||||||
5th Excess: | |||||||||
6th Excess: | |||||||||
7th Excess: | |||||||||
8th Excess: |
Item 6. Premium: $ | 34,279 | Terrorism Premium: $ | 346 | Total Premium: $ | 34,625 |
Item 7. Endorsements Effective at Inception: | |||||
SEE SCHEDULE OF FORMS AND ENDORSEMENTS | |||||
Item 8. Notices to Company: |
Notice of Claims to:
NATIONAL CASUALTY COMPANY
7 WORLD TRADE CENTER SUITE 33A
NEW YORK, NY 10007
Other Notices to:
NATIONAL CASUALTY COMPANY
7 WORLD TRADE CENTER SUITE 33A
NEW YORK, NY 10007
These Declarations/Policy, together with the Application and any written endorsements attached thereto, shall constitute the contract between the Insured and the Company.
XM-D-1 (8-07)
xmd1d.fap
SCHEDULE OF FORMS AND ENDORSEMENTS | |||||
Policy No. | XMO1000021 | Effective Date: | 07/01/2010 | ||
12:01 A.M., Standard Time | |||||
Named Insured FIDELITY FIXED INCOME & ASSET | Agent No. | 31405 | |||
EXCESS LIABILITY FORMS | |||||
UT | -COVPG 7-09 | Cover Page | |||
XM | -D-1 | 8-07 | Excess Insurance Policy Declarations | ||
UT | -SP-2 | 12-95 | Schedule Of Forms and Endorsements | ||
XM | -P-1 | 8-07 | Excess Insurance Policy | ||
UT | -358 | 12-07 | Schedule Of Underlying Policies | ||
XM | -56 | 1-08 | Quota Share Endorsement | ||
XM | -58 | 1-08 | Exhaustion/Reduction Of Underlying Limits |
ADDITIONAL FORMS
UT-SP-2 (12-95)
utsp2mgt.fap
A Stock Insurance Company, herein called the Company
EXCESS INSURANCE POLICY
UNLESS OTHERWISE PROVIDED IN THE FOLLOWED POLICY, THIS POLICY APPLIES ONLY TO CLAIMS FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD OR EXTENDED REPORTING PERIOD. THE LIMIT OF LIABILITY SHALL BE REDUCED AND MAY BE EXHAUSTED BY PAYMENT OF DEFENSE COSTS.
In consideration of the payment of the premium and in reliance upon the statements in the Application, which is made a part hereof and subject to the Declarations, terms and conditions of this Policy, the insurance company indicated in the Declarations (herein called the Company) and the Insured agree as follows:
I. | INSURING AGREEMENT | |
The | Company shall provide the Insureds with insurance coverage excess of the Underlying Policies. This Policy is sub- | |
ject | to the same representations as are contained in the applications for the Underlying Policies and, except with | |
respect | to the premium, the limit of liability and as otherwise provided herein, the insurance coverage provided by this | |
Policy | shall apply in accordance with the same terms, definitions, conditions, exclusions and limitations as are contained | |
in | the Followed Policy and, to the extent coverage is further limited or restricted thereby, in any other of the Underlying | |
Policies. | This Policy shall not grant broader coverage than the most restrictive of the Underlying Policies. | |
II. | DEFINITIONS | |
A. | Application means all signed applications and any information submitted therewith for this Policy. | |
B. | Claim has the same meaning in this Policy as in the Followed Policy. | |
C. | Insured means any persons or entities entitled to coverage under the Followed Policy. | |
D. | Named Insured means the entity named in Item 1. of the Declarations. | |
E. | Policy Period means the period from the effective date to the expiration date of this Policy as set forth in Item 3. of the Declarations, or any earlier termination date. | |
F. | Followed Policy means the policy, as constituted at its inception, named in Item 4. of the Declarations. | |
G. | Underlying Policies mean all policies, as constituted at their inception, listed in Item 5. of the Declarations. | |
H. | Underlying Limits means an amount equal to the total of all aggregate limits of liability for all Underlying Policies, plus the uninsured retention or deductible applicable to the primary policy named in Item 5. of the Declarations. | |
III. | LIMIT OF LIABILITY | |
The | amount stated in Item 2. of the Declarations shall be the maximum amount payable by the Company under this Pol- | |
icy | with respect to all Claims first made during the Policy Period. | |
IV. | REDUCTION OR EXHAUSTION OF UNDERLYING LIMITS | |
A. | In the event the Underlying Limits are partially reduced by reason of actual payment by the insurers of the Underly- ing Policies, then subject to the Limit of Liability this Policy shall continue to apply as excess over the reduced Underlying Limits. | |
B. | In the event the Underlying Limits are wholly exhausted by reason of actual payment by the insurers of the Under- lying Policies (and the Insured has paid the full amount of any applicable deductible or uninsured retention under the Followed Policy), then subject to the Limit of Liability this Policy shall continue to apply as primary insurance; |
XM-P-1 (8-07)
Page 1 of 2
provided always that this Policy shall only pay excess of such applicable deductible or retention, which shall be applied to any subsequent Claim in the same manner as specified in the Followed Policy. | |||
C. | This Policy shall only pay in the event of the reduction or exhaustion of the Underlying Policies by reason of actual | ||
payment | by the insurers of the Underlying Limits as described above and shall not drop down for any other reason, | ||
including | but not limited to existence of any sub-limit in any Underlying Policy or the uncollectibility (in whole or in | ||
part) | of any of the Underlying Limits; provided, however, this Policy will recognize erosion of any of the Underlying | ||
Policies | due to the existence of a sub-limit. | ||
The | Insureds expressly retain the risk of any gap in coverage or uncollectibility and the Company does not in any | ||
way | insure or assume such risk. | ||
V. | CONDITIONS OF COVERAGE | ||
A. | As a condition precedent to this Policy's coverage, the Insureds agree to maintain the Underlying Policies in full | ||
effect | with solvent insurers during the Policy Period except for any reduction or exhaustion of the Underlying Limits | ||
by | reason of actual payments thereunder. If the Underlying Policies are not so maintained, the Company shall | ||
not | be liable under this Policy to a greater extent than it would have been had such Underlying Policies been | ||
maintained. | |||
B. | As a condition precedent to this Policy's coverage, the Insureds shall notify the Company in writing of any of the fol- | ||
lowing | events as soon as practicable thereafter, with full particulars: | ||
(1) | the reduction or exhaustion of any of the Underlying Limits; | ||
(2) | the cancellation or termination of, or failure to maintain in full effect, any of the Underlying Policies; | ||
(3) | any change to any of the Underlying Policies; or | ||
(4) | the insurer of any of the Underlying Policies becoming subject to a receivership, liquidation, dissolution, re- habilitation or similar proceeding or being taken over by any regulatory authority. | ||
C. | If during the Policy Period or any discovery or extended reporting period, any terms of any of the Underlying Pol- | ||
icies | are changed in any manner, this Policy shall not be subject to such change unless the Company consents to | ||
such | change by written endorsement to this Policy. Unless the Company so consents to such change, the Com- | ||
pany | shall not be liable to a greater extent than it would have been absent such change to any of the Underlying | ||
Policies. |
XM-P-1 (8-07)
Page 2 of 2
SCHEDULE OF UNDERLYING POLICIES | ||||||||
Policy No.: XMO1000021 | Effective Date: | 07/01/2010 | ||||||
12:01 A.M. Standard Time | ||||||||
FIDELITY FIXED INCOME & ASSET | ||||||||
Named Insured: ALLOCATION FUND (BOND) | Agent No.: | 31405 | ||||||
Issuing Insurer | Policy Number | Limits of Liability | Attachment | |||||
1ST EXCESS: | ||||||||
WESTCHESTER FIRE | DOX G21661612 005 | $ | 10,000,000 | $ | 15,000,000 | |||
INSURANCE COMPANY | ||||||||
2ND EXCESS: | ||||||||
EVEREST NATIONAL | FL5FD00012-101 | $ | 10,000,000 | $ | 25,000,000 | |||
INSURANCE COMPANY | ||||||||
3RD EXCESS: | ||||||||
ICI MUTUAL INSURANCE | 87153310 | B | $ | 15,000,000 | $ | 35,000,000 | ||
COMPANY | ||||||||
4TH EXCESS: | ||||||||
ENDURANCE SPECIALTY | P006738005 | $ | 15,000,000 | $ | 50,000,000 | |||
INSURANCE, LTD. | ||||||||
5TH EXCESS: | ||||||||
ST. PAUL MERCURY | 469PB0983 | $ | 10,000,000 | $ | 65,000,000 | |||
INSURANCE COMPANY | ||||||||
6TH EXCESS: | ||||||||
CONTINENTAL INSURANCE | 287042220 | $ | 10,000,000 | $ | 75,000,000 | |||
COMPANY | ||||||||
7TH EXCESS: | ||||||||
STARR INDEMNITY & | SISIXFL21025310 | $10,000,000 | PART | $ | 85,000,000 | |||
LIABILITY COMPANY | OF $ | 15,000,000 | ||||||
AXIS INSURANCE | MBN 727586/01/2010 | $5,000,000 PART OF | $ | 85,000,000 | ||||
COMPANY | $ | 15,000,000 |
UT-358 (12-07)
ENDORSEMENT | ||||
NO. | 1 | |||
ATTACHED TO AND | ENDORSEMENT EFFECTIVE DATE | |||
FORMING A PART OF | NAMED INSURED | AGENT NO. | ||
POLICY NUMBER | (12:01 A.M. STANDARD TIME) | |||
XMO1000021 | 07/01/2010 | FIDELITY FIXED INCOME & ASSET |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EXCESS POLICY - EXHAUSTION/REDUCTION OF UNDERLYING LIMITS
In consideration of the premium paid, it is hereby understood and agreed that Section IV. REDUCTION OR EXHAUSTION OF UNDERLYING LIMITS, Section C. is deleted in its entirety and replaced with the following:
C. | This Policy shall only pay covered loss in the event of the reduction or exhaustion of the Underlying Policies by reason of actual payment by the insurers of the Underlying Limits for covered loss; pro- vided, however, if the Insured shall pay any covered loss, then the Company agrees to recognize that the Underlying Limits are reduced or exhausted to the extent of such payments by the Insured. In no way shall such payment by the Insured constitute a waiver of any terms, conditions or exclusions of the |
Underlying Policies or this Policy. This Policy shall not drop down for any other reason, including but not limited to the existence of any sublimit in any Underlying Policy or the uncollectibility (in whole or in part) of any of the Underlying Limits; provided, however, this policy will recognize erosion of any of the | |
Underlying Policies due to the existence of a sublimit. |
The Insureds expressly retain the risk of any gap in coverage or uncollectibility and the Company does not in any way insure or assume such risk.
All other terms and conditions of this Policy remain unchanged.
/
AUTHORIZED REPRESENTATIVE
DATE
XM-58 (1-08)
Page 1 of 1
ENDORSEMENT | ||||
NO. | 2 | |||
ATTACHED TO AND | ENDORSEMENT EFFECTIVE DATE | |||
FORMING A PART OF | NAMED INSURED | AGENT NO. | ||
POLICY NUMBER | (12:01 A.M. STANDARD TIME) | |||
XMO1000021 | 07/01/2010 | FIDELITY FIXED INCOME & ASSET | 31405 | |
ALLOCATION FUND |
EXCESS POLICY - QUOTA SHARE ENDORSEMENT
In consideration of the premium paid, it is hereby understood and agreed that:
1. | This Policy is part of a quota share participation arrangement between the Participating Insurers and the |
Insured (the "Program") which provides a $ 50,000,000 | Limit of Liability excess of the Under- | ||||||
lying Limits and consists of the following: | |||||||
Participating | Participating | Participating | |||||
Participating Insurer | Insurer's Policy | Insurer's Limit of | Insurer's | ||||
Number | Liability | Percentage | |||||
NATIONAL CASUALTY COMPANY | XMO1000021 | $ | 10,000,000 | 20 | % | ||
FEDERAL INSURANCE COMPANY | 81906762 | $ | 5,000,000 | 10 | % | ||
TWIN CITY FIRE INSURANCE | FI 0252157-10 | $ | 10,000,000 | 20 | % | ||
COMPANY | |||||||
CATLIN SPECIALTY INSURANCE | XSP | -92190-0710 | $ | 5,000,000 | 10 | % | |
COMPANY | |||||||
HOUSTON CASUALTY COMPANY | 24-MG-10-A10267 | $ | 8,000,000 | 16 | % | ||
LLOYD'S OF LONDON | B080113012 | P10 | $ | 6,000,000 | 12 | % | |
CHARTIS EXCESS LIMITED | 33089946 | $ | 6,000,000 | 12 | % |
2. | Each Participating Insurer shall be liable only for its own percentage of each covered loss, subject to its | |
own | Limit of Liability. | |
3. | Each Participating Insurer shall: | |
A. | receive notice of any claim submitted for coverage under the Program; | |
B. | make its own determination of whether loss is covered under the Program; and | |
C. | elect whether to participate in the investigation, settlement or defense of any claim. | |
4. | The liability of each Participating Insurer shall be several and not joint. The failure, refusal or inability of | |
any | Participating Insurer to pay covered loss, including, without limitation, an inability based upon insol- | |
vency, | shall not increase or otherwise affect the liability of any other Participating Insurer. The Insured | |
expressly | retains the risk of any gap in coverage or uncollectibility and the Company does not in any | |
way | insure or assume such risk. |
All other terms and conditions of this Policy remain unchanged.
/
AUTHORIZED REPRESENTATIVE
DATE
XM-56 (1-08)
Page 1 of 1
ENDORSEMENT | |||
National Casualty Company | NO. | 3 | |
ATTACHED TO AND | |||
ENDORSEMENT EFFECTIVE DATE | |||
FORMING A PART OF | NAMED INSURED | AGENT NO. | |
(12:01 A.M. STANDARD TIME) | |||
POLICY NUMBER | |||
FIDELITY FIXED INCOME & ASSET | |||
XMO1000021 | 07-01-10 | 31405 | |
ALLOCATION FUND | |||
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. | |||
EXCESS POLICY TIE-IN OF LIMITS ENDORSEMENT |
In consideration of the premium paid, it is hereby understood and agreed that there shall be a combined Limit of Liability of $_10,000,000_________________ for all Claims under this Policy and all claims under policy number XMO1000020 issued by the Company to All Fidelity Funds, including any policy that renews or replaces or succeeds in time either policy, which combined Limit of Liability shall be the maximum amount payable by the Company under all such policies.
All other terms and conditions of this Policy remain unchanged.
AUTHORIZED REPRESENTATIVE
DATE
UT-3g (3-92)
Lloyds Policy
We, Underwriting Members of the Syndicates whose definitive numbers and proportions are shown in the Table attached hereto (hereinafter referred to as 'the Underwriters'), hereby agree, in consideration of the payment to Us by or on behalf of the Assured of the Premium specified in the Schedule, to insure against loss, including but not limited to associated expenses specified herein, if any, to the extent and in the manner provided in this Policy.
The Underwriters hereby bind themselves severally and not jointly, each for his own part and not one for another, and therefore each of the Underwriters (and his Executors and Administrators) shall be liable only for his own share of his Syndicate's proportion of any such Loss and of any such Expenses. The identity of each of the Underwriters and the amount of his share may be ascertained by the Assured or the Assured's representative on application to Lloyd's Policy Signing Office, quoting the Lloyd's Policy Signing Office number and date or reference shown in the Table.
If the Assured shall make any claim knowing the same to be false or fraudulent, as regards amount or otherwise, this Policy shall become void and all claim hereunder shall be forfeited.
In Witness whereof the General Manager of Lloyd's Policy Signing Office has signed this Policy on behalf of each of Us.
LLOYD'S POLICY SIGNING OFFICE
General Manager
If this policy (or any subsequent endorsement) has been produced to you in electronic form, the original document is stored on the Insurer's Market Repository to which your broker has access.
J(A) NMA2421 (3/1/95) Form approved by Lloyds Market Association
WILLIS EXCESS FINANCIAL LINES POLICY | ||
Please read this Policy carefully. | ||
SCHEDULE | ||
Policy Number: B080113016P10 | ||
Item 1: | Insured: | FIDELITY EQUITY AND HIGH INCOME FUNDS and |
as more fully defined in the contract wording. | ||
Principal Address: | 82 Devonshire Street, | |
Mailstop F3D, | ||
Boston, | ||
Massachusetts 02109, | ||
United States of America | ||
Item 2: | Insurer(s): | Lloyds Syndicates: |
Antares AUL 1274 and ACE AGM 2488 | ||
Item 3: | Period of Insurance: 1 July 2010 to 1 July 2011 | |
Both Days at 00:01 local standard time at the Principal | ||
address shown at Item 1 above. | ||
Item 4: | Limit of Liability: | USD 6,000,000 any one loss/claim and in the aggregate for |
the period | ||
part of USD 50,000,000 any one loss/claim and in the | ||
aggregate for the period | ||
Item 5: | Underlying | |
Policy(ies): | in excess of underlying contracts for | |
USD 100,000,000 any one loss/claim and in the aggregate | ||
for the period the details of which are held on file in the | ||
offices of Willis Limited | ||
Retention: | Primary Contract Retentions detailed as per National | |
Union Fire Insurance Company of Pittsburgh, PA Policy | ||
No: 01-988-33-82. |
Item 6: | Premium: | USD 22,265 per annum for 100% for the USD 6,000,000 | |||||
order | |||||||
plus TRIA USD 222 | |||||||
Taxes: | USD None | ||||||
Item 7: | Notification(s) in accordance with clause 5 required to be | ||||||
addressed to: | Willis Limited, | ||||||
FINEX - Claims Department, | |||||||
51 Lime Street, | |||||||
London | |||||||
EC3M 7DQ | |||||||
United Kingdom. | |||||||
Item 8: | Endorsements are as attached at issue of this Contract. | ||||||
Item 9: | Additional premium required: | Nil | |||||
Item 10: | Addressees for complaints: | ||||||
(a) | For Insurers who are Lloyd's Insurers: | ||||||
Policyholder and Market Assistance | |||||||
Lloyds Market Services | |||||||
One Lime Street | |||||||
London | |||||||
EC3M 7HA | |||||||
United Kingdom. | |||||||
Telephone: | + | 44 | (0)207 327 5693 | ||||
Facsimile: | + | 44 | (0)207 327 5225 | ||||
Email: | Complaints@Lloyds.com |
(b) | For all other Insurers: |
Willis Limited will provide details on request. |
Dated in London:
30 June 2010
WILLIS EXCESS FINANCIAL LINES POLICY
In consideration of the Insured having paid or agreed to pay the Premium and subject to all of the definitions, terms, conditions and limitations of this Policy, Insurers and the Insured agree as follows:
1. | Insuring Agreement | |
1.1 | Except insofar as the express terms of this Policy: | |
(a) | make specific provision in respect of any matter for which specific provision is also made in the Primary Policy, in which case the express terms of this Policy shall prevail; or | |
(b) | make specific provision in respect of any matter for which no specific provision is made in the Primary Policy, in which case the express terms of this Policy shall apply; | |
this | Policy shall take effect and operate in accordance with the terms of the Primary | |
Policy. | ||
1.2 | Subject to the Limit of Liability, the Insurers shall pay to or on behalf of the Insured | |
that | proportion of Loss which exceeds the Underlying Limit. | |
1.3 | Except as provided specifically to the contrary in this Policy, the Insurers shall have no | |
liability | to make payment for any Loss under this Policy until the Underlying Limit has | |
been | completely eroded by amounts which the insurers of the Underlying Policy(ies): | |
(i) | shall have paid; or, | |
(ii) | shall have agreed to pay; or, | |
(iii) | shall have had their liability to pay established by judgment, arbitration award or other final binding adjudication; | |
whichever | of (i) to (iii) above as shall occur first. Furthermore, in determining whether | |
and | the extent to which erosion has occurred, where, as part of any agreement to pay | |
loss | or liability (as applicable) under an Underlying Policy, an insurer agrees to pay an | |
amount | which is less than the applicable limit of liability thereunder on terms that such | |
payment | shall be treated as or equivalent to payment in full of such limit of liability, the | |
Insurers | will pay Loss under this Policy as if such insurer had paid the applicable limit | |
of | liability in full. However, in such circumstances the Insurers shall pay Loss only to | |
the | extent that, in the absence of agreement of the kind referred to in the previous | |
sentence, | the Loss of the Insured would have exceeded the Underlying Limit. |
2. Definitions
Wherever the following words and phrases appear in bold and italics in this Policy they shall have the meanings given to them below:
"Claim" or "Circumstance" shall mean claim, circumstance or any other term by which the Primary Policy identifies matters potentially giving rise to payments thereunder in respect of
Loss.
"Insured" shall mean those persons and organisations identified at Item 1 of the Schedule and all other persons and organisations as are insured or otherwise entitled to indemnity under the
Primary Policy.
"Insurers" shall mean the insurers of this Policy identified at Item 2 of the Schedule.
"Limit of Liability" shall mean the sum(s) shown at Item 4 of the Schedule being the maximum sum(s) the Insurers are liable to pay under this Policy for all Loss, subject to any reinstatement of limit expressly provided for at Item 4 of the Schedule. For the avoidance of doubt, there shall be no reinstatement of the Limit of Liability unless expressly provided for at Item 4, notwithstanding that the Primary Policy may provide for one or more reinstatements.
"Loss" shall mean all and any amounts for which Insurers are liable to the Insured pursuant to the terms and conditions of this Policy and, for the avoidance of doubt and subject only to the operation of any express terms hereof in accordance with clause 1.1 above, this Policy shall be liable to pay as Loss all losses, costs, liabilities or damages and other expenses of the Insured as are covered by the Primary Policy of whatever nature and howsoever described by the Primary Policy. However, and notwithstanding any provision to the contrary in the Primary Policy, the liability of the Insurers of this Policy to the Insured for costs and expenses of any kind whatsoever shall be part of, and not in addition to, the Limit of Liability.
"Period of Insurance" shall mean the period set out at Item 3 of the Schedule.
"Policy" shall mean this insurance contract which includes any endorsements and schedules hereto.
"Premium" shall mean the sum shown at Item 6 of the Schedule.
Primary Limits shall mean the limits of liability of the Primary Policy applicable to any loss or liability (as applicable) as set out in Item 5(a) of the Schedule.
"Primary Policy" shall mean the policy identified at Item 5(a) of the Schedule or any policy(ies) issued in substitution thereof.
"Relevant Provision" shall mean any provision of an Underlying Policy which reduces the limit of liability of the Underlying Policy automatically by reference to the amount paid or payable under another policy of insurance, or by reference to the limit of liability under another policy of insurance. For the avoidance of doubt, a provision which provides that an Underlying Policy shall pay only the amount by which any loss or liability (as applicable) exceeds the amount paid or payable under any other policy or policies, or which allows the insurer credit for the value of other insurance or indemnification, or which requires the Insured to pursue such insurance or indemnification prior to claiming under the Underlying Policy (such as an other insurance or non-contribution or other similar provision), shall not be a Relevant Provision.
"Schedule" shall mean the schedule to this Policy.
"Sublimit(s)" shall mean any limit or limits of insurers' liability in the Primary Policy imposed in respect of a particular category of loss or liability (as applicable) and which specifies that the maximum liability of the insurer shall be less than the otherwise generally applicable limit of liability of the Primary Policy.
"Underlying Limit" shall mean the cumulative total of the limits of liability of the insurer(s) of the Underlying Policy(ies) applicable to any loss or liability (as applicable) as set out in Item 5 of the Schedule.
"Underlying Policy(ies)" shall mean the policies listed at Item 5 of the Schedule.
3. Maintenance of the Underlying Policy(ies)
The Primary Policy, or any policies issued in substitution thereof, shall be maintained in full force and effect during the Period of Insurance save to the extent that it is eroded. This obligation shall cease to apply in the event that the Primary Policy is completely eroded. Clause 1.3 hereof shall apply for the purposes of determining whether and to what extent erosion has occurred. Where an Underlying Policy other than the Primary Policy does not continue in full force and effect (other than by reason of erosion) such policy shall be deemed for all purposes of this Policy to have been maintained. The Primary Policy shall be deemed maintained if it is replaced by the operation of clause 4 hereof.
4. Step-Down of Cover
Subject always to the Limit of Liability:
4.1 | In the event of the reduction of the amount of indemnity available under any Underlying Policy by reason of partial erosion of the Underlying Limit (and in determining the existence and extent of such erosion the provisions of clause 1.3 shall apply) this Policy shall, subject to the Limit of Liability and to the other terms, conditions and limitations of this Policy, continue to be available to pay that proportion of Loss which exceeds the amount of indemnity remaining under the Underlying Policy(ies). |
4.2 | In the event of there being no indemnity available under the Underlying Policy(ies) by reason of the complete erosion of the Underlying Limit (and in determining the existence and extent of such erosion the provisions of clause 1.3 shall apply), the remaining limits available under this Policy shall, subject to the Limit of Liability and to the other terms, conditions and limitations of this Policy, continue for subsequent Loss as primary insurance and, in that event, any retention, excess or deductible and the remainder of any Sublimit specified in the Primary Policy shall apply under this Policy in respect of Loss. |
5. | Notification |
Any notification to the Primary Policy of a Claim or Circumstance which is required to be given in accordance with the terms and conditions of the Primary Policy shall also be given to the Insurers in writing.
6. | Claims Participation |
6.1 | The Insurers shall have no liability to pay costs and expenses incurred by or on behalf of the Insured unless their consent to the incurring of such costs and expenses has first been obtained, such consent not to be unreasonably delayed or withheld. |
6.2 | No settlement of a claim brought by a third party shall be effected by or on behalf of the Insured for such a sum as will require payment by Insurers under this Policy unless the consent of the Insurers has first been obtained, such consent not to be unreasonably delayed or withheld. |
7. | Cancellation and Termination |
This Policy may be terminated or cancelled or shall become automatically terminated or cancelled in the same manner and on the same basis or bases as the Primary Policy. However, breach by the Insured of any obligation to pay premium in respect of the Primary Policy or in respect of any other of the Underlying Policy(ies) shall not entitle the Insurers to terminate or cancel this Policy.
8. Recoveries
Where, following payment of Loss by Insurers, recovery is effected, then such recovery, net of the expenses of its being effected, shall be distributed in the following order to the following parties:
(i) | to the Insured or, to such extent, if any, as appropriate, to any insurer of a policy applying excess of this Policy, but only to the extent (if any) by which such loss or liability (as applicable) exceeded the sum of the excess, deductible or retention of the Primary Policy, the Underlying Limit and the amount paid hereunder; and, |
(ii) | if any balance remains following the application of (i) above, to the Insurers to the extent of the amount(s) paid by them hereunder in respect of Loss; and, |
(iii) | if any balance remains following the application of (i) and (ii) above, to those, if any, entitled pursuant to the operation of the Underlying Policies to such extent, if any, of the entitlements conferred thereunder; and |
For the avoidance of doubt, nothing in this Policy shall be construed as limiting or delaying the Insured's right to payment of any Loss hereunder until such time as it has effected any recovery.
9. Alteration
No material amendment to the terms of the Primary Policy shall apply in respect of this Policy unless and until agreed in writing by the Insurers.
10. Reporting Period
Where the terms of the Primary Policy provide:
(i) | the Insured with a period of time immediately following the policy period of the Primary Policy during which notice may be given to the insurers of the Primary Policy of any Claims or Circumstances; and/or, |
(ii) | the right to purchase such a period, |
then the Insured shall have the same period and/or right under this Policy in the same manner and on the same terms as those provided for in the Primary Policy except in relation to the premium payable (if any). The premium (if any) payable in respect of any such period available hereunder is set out in Item 9 of the Schedule.
11. Governing Law and Jurisdiction
This insurance shall be governed by and construed in accordance with the laws of the State of Massachusetts and any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts of United States of America as per NMA1998 Service of Suit Clause U.S.A. as attached.
12. Complaints
The Insurers aim to provide a high standard at all times but if the Insured is not satisfied with the service provided it should contact the following:
In respect of Lloyd's underwriters: the person(s) identified in Item 10(a) of the Schedule.
In respect of Insurers other than Lloyd's underwriters, Willis Limited will provide on request details of the relevant persons.
In the event that the Insured remains dissatisfied it may be possible for the Insured's complaint to be referred to the Financial Ombudsman Service who may review the matter. The Financial Ombudsman Service address is:
Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
London E14 9SR
Telephone: 0845 0801800
Email: enquiries@financial-ombudsman.org.uk
Website: www.financial-ombudsman.org.uk
ENDORSEMENT No 1
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No. B080113016P10
SPECIAL CANCELLATION CLAUSE
In the event that an Underwriter:
a) | ceases underwriting; or |
b) | is the subject of an order or resolution for winding up or formally proposes a scheme of arrangement; or |
c) | has its authority to carry on insurance business withdrawn, |
d) | has its financial strength rating reduced by A.M.Best's, Standard & Poor's or equivalent rating agency to less than A-. |
the Insured may terminate that Underwriter's participation on this risk forthwith by giving notice and the premium payable to that Underwriter shall be pro rata to the time on risk. In the event there are any notified, reserved or paid losses or circumstances, premium shall be deemed fully earned. Any return of premium shall also be subject to a written full release of liability from the Insured.
NMA2975 (amended)
30/05/03
ENDORSEMENT No 2
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No. B080113016P10
U.S. TERRORISM RISK INSURANCE ACT OF 2002 AS AMENDED
NEW & RENEWAL BUSINESS ENDORSEMENT
This Endorsement is issued in accordance with the terms and conditions of the "U.S. Terrorism Risk Insurance Act of 2002" as amended as summarized in the disclosure notice.
In consideration of an additional premium of USD 222 paid, it is hereby noted and agreed with effect from inception that the Terrorism exclusion to which this Insurance is subject, shall not apply to any insured loss directly resulting from any "act of terrorism" as defined in the "U.S. Terrorism Risk Insurance Act of 2002", as amended ("TRIA").
The coverage afforded by this Endorsement is only in respect of any insured loss of the type insured by this Insurance directly resulting from an "act of terrorism" as defined in TRIA. The coverage provided by this Endorsement shall expire at 12:00 midnight December 31, 2014, the date on which the TRIA Program is scheduled to terminate, or the expiry date of the policy whichever occurs first, and shall not cover any losses or events which arise after the earlier of these dates. The Terrorism exclusion, to which this Insurance is subject, applies in full force and effect to any other losses and any act or events that are not included in said definition of "act of terrorism".
This Endorsement only affects the Terrorism exclusion to which this Insurance is subject. All other terms, conditions, insured coverage and exclusions of this Insurance including applicable limits and deductibles remain unchanged and apply in full force and effect to the coverage provided by this Insurance.
Furthermore the Underwriter(s) will not be liable for any amounts for which they are not responsible under the terms of TRIA (including subsequent action of Congress pursuant to the Act) due to the application of any clause which results in a cap on the Underwriter's liability for payment for terrorism losses.
21/12/2007
LMA5091
Form approved by Lloyd's Market Association
ENDORSEMENT No 3
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No. B080113016P10
WAR AND TERRORISM EXCLUSION ENDORSEMENT
Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss;
(1) | war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power; or |
(2) | any act of terrorism. |
For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear.
This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to (1) and/or (2) above.
In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect.
NMA2918 (amended)
08/10/2001
ENDORSEMENT No 4
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No. B080113016P10
PREMIUM PAYMENT CLAUSE
Notwithstanding any provision to the contrary within this contract or any endorsement hereto, in respect of non payment of premium only the following clause will apply.
The (Re)Insured undertakes that premium will be paid in full to (Re)Insurers by 29 August 2010.
If the premium due under this contract has not been so paid to (Re)Insurers by 29 August 2010 (Re)Insurers shall have the right to cancel this contract by notifying the (Re)Insured via the broker in writing. In the event of cancellation, premium is due to (Re)Insurers on a pro rata basis for the period that (Re)Insurers are on risk but the full contract premium shall be payable to (Re)Insurers in the event of a loss or occurrence prior to the date of termination which gives rise to a valid claim under this contract.
It is agreed that (Re)Insurers shall give not less than 15 days prior notice of cancellation to the (Re)Insured via the broker. If premium due is paid in full to (Re)Insurers before the notice period expires, notice of cancellation shall automatically be revoked. If not, the contract shall automatically terminate at the end of the notice period.
If any provision of this clause is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of this clause which will remain in full force and effect.
30/09/08
LSW3001
WILLIS ADDENDUM TO PREMIUM PAYMENT CLAUSE LSW 3001
Notice of Cancellation in writing for the purposes of the Premium Payment Clause (LSW3001) shall be notice in writing to the Group's Compliance Officer at the Willis Building, 51 Lime Street, London EC3M 7DQ, and delivered by registered post or received and acknowledged personally by the Compliance Officer. The notice will only be accepted if the risk is properly identified, and includes at least the name of the Insured, the Willis slip reference number, the class of business and any other information which will enable the risk to be clearly identified. Further, for the avoidance of doubt, a notice of cancellation sent by e-mail to the Company shall not constitute notice in writing for the purposes of the application of the Premium Payment Clause (LSW3001).
ENDORSEMENT No 5
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No. B080113016P10
U.S.A.
NUCLEAR INCIDENT EXCLUSION CLAUSE-LIABILITY-DIRECT (BROAD)
For attachment to insurances of the following classifications in the U.S.A., its Territories and Possessions, Puerto Rico and the Canal Zone:-Owners, Landlords and Tenants Liability, Contractual Liability, Elevator Liability, Owners or Contractors (including railroad) Protective Liability, Manufacturers and Contractors Liability, Product Liability, Professional and Malpractice Liability, Storekeepers Liability, Garage Liability, Automobile Liability (including Massachusetts Motor Vehicle or Garage Liability), not being insurances of the classifications to which the Nuclear Incident Exclusion Clause-Liability-Direct (Limited) applies.
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 of 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 |
(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 byproduct material; source | |
material, | special nuclear material, and "byproduct 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 byproduct | |
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, 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.
17/3/60
N. | M.A. 1256 |
ENDORSEMENT No 6
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No. B080113016P10
U.S.A.
RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE
-LIABILITY-DIRECT
(Approved by Lloyd's Underwriters' Non-Marine Association)
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.
13/2/64
N.M.A. 1477
All other terms, conditions and limitations of this Policy shall remain unchanged.
ENDORSEMENT No 7
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No. B080113016P10
SERVICE OF SUIT CLAUSE (U.S.A.)
It is agreed that in the event of the failure of the Underwriters hereon to pay any amount claimed to be due hereunder, the Underwriters hereon, at the request of the Assured (or Reinsured), will submit to the jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of Underwriters rights to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another Court as permitted by the laws of the United States or of any State in the United States. It is further agreed that service of process in such suit may be made upon Mendes & Mount LLP, 750 Seventh Avenue, New York New York 10019-6829, United States of America and that in any suit instituted against any one of them upon this contract, Underwriters will abide by the final decision of such Court or of any Appellate Court in the event of an appeal.
The above-named are authorized and directed to accept service of process on behalf of Underwriters in any such suit and/or upon the request of the Assured (or Reinsured) to give a written undertaking to the Assured (or Reinsured) that they will enter a general appearance upon Underwriters behalf in the event such a suit shall be instituted.
Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, Underwriters hereon hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Assured (or Reinsured) or any beneficiary hereunder arising out of this contract of insurance (or reinsurance), and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
N.M.A. 1998 (24/4/86)
All other terms, conditions and limitations of this Policy shall remain unchanged.
ENDORSEMENT No 8
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No. B080113016P10
This policy contains a Tie-in of limits between this Fidelity Fixed Income and Asset Allocation Funds Bond Policy and Fidelity Fixed Income and Asset Allocation Funds Professional Policy.
All other terms, conditions and limitations of this Policy shall remain unchanged
ENDORSEMENT No 9
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No.B080113016P10
The language used for Contract interpretation shall be English as set out in the contract Wording.
All other terms, conditions and limitations of this Policy shall remain unchanged.
ENDORSEMENT No 10
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No.B080113016P10
Where any date on which the Premium is due to be paid falls on a weekend or Public Holiday, presentation to Insurers or their agents on the next working day will be deemed to comply with the relevant premium payment requirement. For the purposes of this clause, Public Holiday shall mean any public or statutory holiday in any territory through which the Premium must pass between the Insured and Insurers or their agents.
All other terms, conditions and limitations of this Policy shall remain unchanged.
ENDORSEMENT No 11
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No.B080113016P10
This contract is subject to US State Surplus Lines requirements. It is the responsibility of the Surplus Lines Broker to affix a Surplus Lines Notice to the contract document before it is provided to the insured. In the event that the Surplus Lines Notice is not affixed to the contract document the insured should contact the Surplus Lines broker.
All other terms, conditions and limitations of this Policy shall remain unchanged.
(RE)INSURERS LIABILITY CLAUSE
(Re)insurers liability several not joint
The liability of a (re)insurer under this contract is several and not joint with other (re)insurers party to this contract. A (re)insurer is liable only for the proportion of liability it has underwritten. A (re)insurer is not jointly liable for the proportion of liability underwritten by any other (re)insurer. Nor is a (re)insurer otherwise responsible for any liability of any other (re)insurer that may underwrite this contract.
The proportion of liability under this contract underwritten by a (re)insurer (or, in the case of a Lloyds syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown next to its stamp. This is subject always to the provision concerning signing below.
In the case of a Lloyds syndicate, each member of the syndicate (rather than the syndicate itself) is a (re)insurer. Each member has underwritten a proportion of the total shown for the syndicate (that total itself being the total of the proportions underwritten by all the members of the syndicate taken together). The liability of each member of the syndicate is several and not joint with other members. A member is liable only for that members proportion. A member is not jointly liable for any other members proportion. Nor is any member otherwise responsible for any liability of any other (re)insurer that may underwrite this contract. The business address of each member is Lloyds, One Lime Street, London EC3M 7HA. The identity of each member of a Lloyds syndicate and their respective proportion may be obtained by writing to Market Services, Lloyds, at the above address.
Proportion of liability
Unless there is signing (see below), the proportion of liability under this contract underwritten by each (re)insurer (or, in the case of a Lloyds syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown next to its stamp and is referred to as its written line.
Where this contract permits, written lines, or certain written lines, may be adjusted (signed). In that case a schedule is to be appended to this contract to show the definitive proportion of liability under this contract underwritten by each (re)insurer (or, in the case of a Lloyds syndicate, the total of the proportions underwritten by all the members of the syndicate taken together). A definitive proportion (or, in the case of a Lloyds syndicate, the total of the proportions underwritten by all the members of a Lloyds syndicate taken together) is referred to as a signed line. The signed lines shown in the schedule will prevail over the written lines unless a proven error in calculation has occurred.
Although reference is made at various points in this clause to this contract in the singular, where the circumstances so require this should be read as a reference to contracts in the plural.
21/6/07
LMA3333
NMA LINES CLAUSE
This Insurance, being signed for 100% of 100% insures only that proportion of any loss, whether total or partial, including but not limited to that proportion of associated expenses, if any, to the extent and in the manner provided in this Insurance.
The percentages signed in the Table are percentages of 100% of the amount(s) of Insurance stated herein.
NMA 2419
BUREAU REFERENCE | 61616 09/07/2010 | BROKER NUMBER 0801 |
PROPORTION % | SYNDICATE | UNDERWRITER'S REFERENCE |
83.33------------------------- | 1274------------------------- | 300563700010 |
16.67------------------------- | 2488------------------------- | AKFH6ALL5010 |
TOTAL LINE | No. OF SYNDICATES | |
100.00 | 2 |
THE LIST OF UNDERWRITING MEMBERS | ||
OF LLOYD'S IS IN RESPECT OF 2010 | ||
YEAR OF ACCOUNT | ||
EFFECTIVE FROM: 01 JUL 2010 | ||
BUREAU USE ONLY | Page 1 of 1 | |
USL1 72 3762 | RISK CODE: BB |
BUREAU REFERENCE | 61617 09/07/2010 | BROKER NUMBER 0801 |
PROPORTION % | SYNDICATE | UNDERWRITER'S REFERENCE |
83.33------------------------- | 1274------------------------- | 300563700010 |
16.67------------------------- | 2488------------------------- | AKFT6ALL5010 |
TOTAL LINE | No. OF SYNDICATES | |
100.00 | 2 |
THE LIST OF UNDERWRITING MEMBERS | ||
OF LLOYD'S IS IN RESPECT OF 2010 | ||
YEAR OF ACCOUNT | ||
EFFECTIVE FROM: 01 JUL 2010 | ||
BUREAU USE ONLY | Page 1 of 1 | |
USL1 72 3762 | RISK CODE: 7T |
One Lime Street London EC3M 7HA
Lloyds Policy
We, Underwriting Members of the Syndicates whose definitive numbers and proportions are shown in the Table attached hereto (hereinafter referred to as 'the Underwriters'), hereby agree, in consideration of the payment to Us by or on behalf of the Assured of the Premium specified in the Schedule, to insure against loss, including but not limited to associated expenses specified herein, if any, to the extent and in the manner provided in this Policy.
The Underwriters hereby bind themselves severally and not jointly, each for his own part and not one for another, and therefore each of the Underwriters (and his Executors and Administrators) shall be liable only for his own share of his Syndicate's proportion of any such Loss and of any such Expenses. The identity of each of the Underwriters and the amount of his share may be ascertained by the Assured or the Assured's representative on application to Lloyd's Policy Signing Office, quoting the Lloyd's Policy Signing Office number and date or reference shown in the Table.
If the Assured shall make any claim knowing the same to be false or fraudulent, as regards amount or otherwise, this Policy shall become void and all claim hereunder shall be forfeited.
In Witness whereof the General Manager of Lloyd's Policy Signing Office has signed this Policy on behalf of each of Us.
LLOYD'S POLICY SIGNING OFFICE
General Manager
If this policy (or any subsequent endorsement) has been produced to you in electronic form, the original document is stored on the Insurer's Market Repository to which your broker has access.
J(A) NMA2421 (3/1/95) Form approved by Lloyds Market Association
WILLIS EXCESS FINANCIAL LINES POLICY | ||
Please read this Policy carefully. | ||
SCHEDULE | ||
Policy Number: B080113012P10 | ||
Item 1: | Insured: | Fidelity Fixed Income and Asset Allocation Funds and as |
more fully defined in the Contract Wording. | ||
Principal Address: | 82 Devonshire Street, | |
Mailstop F3D, | ||
Boston, | ||
Massachusetts 02109, | ||
United States of America | ||
Item 2: | Insurer(s): | Lloyds Syndicates: |
Antares AUL 1274 and ACE AGM 2488 | ||
Item 3: | Period of Insurance: 1 July 2010 to 1 July 2011 | |
Both Days at 00:01 local standard time at the Principal | ||
address | shown at Item 1 above. | |
Item 4: | Limit of Liability: | USD 6,000,000 any one loss/claim and in the aggregate |
for theperiod | ||
part of USD 50,000,000 any one loss/claim and in the | ||
aggregate for the period | ||
Item 5: | Underlying | |
Policy(ies): | in excess of underlying contracts for | |
USD 100,000,000 any one loss/claim and in the aggregate | ||
for the period the details of which are held on file in the | ||
offices of Willis Limited | ||
Retention: | Primary Contract Retentions detailed as per National | |
Union Fire Insurance Company of Pittsburgh, PA Policy | ||
No: 01-988-33-82. |
Item 6: | Premium: | USD 22,265 per annum for 100% for USD 6,000,000 | |||||
order | |||||||
plus TRIA being USD 222 | |||||||
Taxes: | USD None | ||||||
Item 7: | Notification(s) in accordance with clause 5 required to be | ||||||
addressed to: | Willis Limited, | ||||||
FINEX - Claims Department, | |||||||
51 Lime Street, | |||||||
London EC3M 7DQ | |||||||
United Kingdom. | |||||||
Item 8: | Endorsements are as attached at issue of this Contract. | ||||||
Item 9: | Additional premium required: | Nil | |||||
Item 10: | Addressees for complaints: | ||||||
(a) | For Insurers who are Lloyd's insurers: | ||||||
Policyholder and Market Assistance | |||||||
Lloyds Market Services | |||||||
One Lime Street | |||||||
London | |||||||
EC3M 7HA | |||||||
United Kingdom. | |||||||
Telephone: | + | 44 | (0)207 327 5693 | ||||
Facsimile: | + | 44 | (0)207 327 5225 | ||||
Email: | Complaints@Lloyds.com |
(b) | For all other Insurers: |
Willis Limited will provide details on request. |
Dated in London:
30 June 2010
WILLIS EXCESS FINANCIAL LINES POLICY
In consideration of the Insured having paid or agreed to pay the Premium and subject to all of the definitions, terms, conditions and limitations of this Policy, Insurers and the Insured agree as follows:
1. | Insuring Agreement | |
1.1 | Except insofar as the express terms of this Policy: | |
(a) | make specific provision in respect of any matter for which specific provision is also made in the Primary Policy, in which case the express terms of this Policy shall prevail; or | |
(b) | make specific provision in respect of any matter for which no specific provision is made in the Primary Policy, in which case the express terms of this Policy shall apply; | |
this | Policy shall take effect and operate in accordance with the terms of the Primary | |
Policy. | ||
1.2 | Subject to the Limit of Liability, the Insurers shall pay to or on behalf of the Insured | |
that | proportion of Loss which exceeds the Underlying Limit. | |
1.3 | Except as provided specifically to the contrary in this Policy, the Insurers shall have no | |
liability | to make payment for any Loss under this Policy until the Underlying Limit has | |
been | completely eroded by amounts which the insurers of the Underlying Policy(ies): | |
(i) | shall have paid; or, | |
(ii) | shall have agreed to pay; or, | |
(iii) | shall have had their liability to pay established by judgment, arbitration award or other final binding adjudication; | |
whichever | of (i) to (iii) above as shall occur first. Furthermore, in determining whether | |
and | the extent to which erosion has occurred, where, as part of any agreement to pay | |
loss | or liability (as applicable) under an Underlying Policy, an insurer agrees to pay an | |
amount | which is less than the applicable limit of liability thereunder on terms that such | |
payment | shall be treated as or equivalent to payment in full of such limit of liability, the | |
Insurers | will pay Loss under this Policy as if such insurer had paid the applicable limit | |
of | liability in full. However, in such circumstances the Insurers shall pay Loss only to | |
the | extent that, in the absence of agreement of the kind referred to in the previous | |
sentence, | the Loss of the Insured would have exceeded the Underlying Limit. |
2. Definitions
Wherever the following words and phrases appear in bold and italics in this Policy they shall have the meanings given to them below:
"Claim" or "Circumstance" shall mean claim, circumstance or any other term by which the Primary Policy identifies matters potentially giving rise to payments thereunder in respect of
Loss.
"Insured" shall mean those persons and organisations identified at Item 1 of the Schedule and all other persons and organisations as are insured or otherwise entitled to indemnity under the
Primary Policy.
"Insurers" shall mean the insurers of this Policy identified at Item 2 of the Schedule.
"Limit of Liability" shall mean the sum(s) shown at Item 4 of the Schedule being the maximum sum(s) the Insurers are liable to pay under this Policy for all Loss, subject to any reinstatement of limit expressly provided for at Item 4 of the Schedule. For the avoidance of doubt, there shall be no reinstatement of the Limit of Liability unless expressly provided for at Item 4, notwithstanding that the Primary Policy may provide for one or more reinstatements.
"Loss" shall mean all and any amounts for which Insurers are liable to the Insured pursuant to the terms and conditions of this Policy and, for the avoidance of doubt and subject only to the operation of any express terms hereof in accordance with clause 1.1 above, this Policy shall be liable to pay as Loss all losses, costs, liabilities or damages and other expenses of the Insured as are covered by the Primary Policy of whatever nature and howsoever described by the Primary Policy. However, and notwithstanding any provision to the contrary in the Primary Policy, the liability of the Insurers of this Policy to the Insured for costs and expenses of any kind whatsoever shall be part of, and not in addition to, the Limit of Liability.
"Period of Insurance" shall mean the period set out at Item 3 of the Schedule.
"Policy" shall mean this insurance contract which includes any endorsements and schedules hereto.
"Premium" shall mean the sum shown at Item 6 of the Schedule.
Primary Limits shall mean the limits of liability of the Primary Policy applicable to any loss or liability (as applicable) as set out in Item 5(a) of the Schedule.
"Primary Policy" shall mean the policy identified at Item 5(a) of the Schedule or any policy(ies) issued in substitution thereof.
"Relevant Provision" shall mean any provision of an Underlying Policy which reduces the limit of liability of the Underlying Policy automatically by reference to the amount paid or payable under another policy of insurance, or by reference to the limit of liability under another policy of insurance. For the avoidance of doubt, a provision which provides that an Underlying Policy shall pay only the amount by which any loss or liability (as applicable) exceeds the amount paid or payable under any other policy or policies, or which allows the insurer credit for the value of other insurance or indemnification, or which requires the Insured to pursue such insurance or indemnification prior to claiming under the Underlying Policy (such as an other insurance or non-contribution or other similar provision), shall not be a Relevant Provision.
"Schedule" shall mean the schedule to this Policy.
"Sublimit(s)" shall mean any limit or limits of insurers' liability in the Primary Policy imposed in respect of a particular category of loss or liability (as applicable) and which specifies that the maximum liability of the insurer shall be less than the otherwise generally applicable limit of liability of the Primary Policy.
"Underlying Limit" shall mean the cumulative total of the limits of liability of the insurer(s) of the Underlying Policy(ies) applicable to any loss or liability (as applicable) as set out in Item 5 of the Schedule.
"Underlying Policy(ies)" shall mean the policies listed at Item 5 of the Schedule.
3. Maintenance of the Underlying Policy(ies)
The Primary Policy, or any policies issued in substitution thereof, shall be maintained in full force and effect during the Period of Insurance save to the extent that it is eroded. This obligation shall cease to apply in the event that the Primary Policy is completely eroded. Clause 1.3 hereof shall apply for the purposes of determining whether and to what extent erosion has occurred. Where an Underlying Policy other than the Primary Policy does not continue in full force and effect (other than by reason of erosion) such policy shall be deemed for all purposes of this Policy to have been maintained. The Primary Policy shall be deemed maintained if it is replaced by the operation of clause 4 hereof.
4. Step-Down of Cover
Subject always to the Limit of Liability:
4.1 | In the event of the reduction of the amount of indemnity available under any Underlying Policy by reason of partial erosion of the Underlying Limit (and in determining the existence and extent of such erosion the provisions of clause 1.3 shall apply) this Policy shall, subject to the Limit of Liability and to the other terms, conditions and limitations of this Policy, continue to be available to pay that proportion of Loss which exceeds the amount of indemnity remaining under the Underlying Policy(ies). |
4.2 | In the event of there being no indemnity available under the Underlying Policy(ies) by reason of the complete erosion of the Underlying Limit (and in determining the existence and extent of such erosion the provisions of clause 1.3 shall apply), the remaining limits available under this Policy shall, subject to the Limit of Liability and to the other terms, conditions and limitations of this Policy, continue for subsequent Loss as primary insurance and, in that event, any retention, excess or deductible and the remainder of any Sublimit specified in the Primary Policy shall apply under this Policy in respect of Loss. |
5. | Notification |
Any notification to the Primary Policy of a Claim or Circumstance which is required to be given in accordance with the terms and conditions of the Primary Policy shall also be given to the Insurers in writing.
6. | Claims Participation |
6.1 | The Insurers shall have no liability to pay costs and expenses incurred by or on behalf of the Insured unless their consent to the incurring of such costs and expenses has first been obtained, such consent not to be unreasonably delayed or withheld. |
6.2 | No settlement of a claim brought by a third party shall be effected by or on behalf of the Insured for such a sum as will require payment by Insurers under this Policy unless the consent of the Insurers has first been obtained, such consent not to be unreasonably delayed or withheld. |
7. | Cancellation and Termination |
This Policy may be terminated or cancelled or shall become automatically terminated or cancelled in the same manner and on the same basis or bases as the Primary Policy. However, breach by the Insured of any obligation to pay premium in respect of the Primary Policy or in respect of any other of the Underlying Policy(ies) shall not entitle the Insurers to terminate or cancel this Policy.
8. Recoveries
Where, following payment of Loss by Insurers, recovery is effected, then such recovery, net of the expenses of its being effected, shall be distributed in the following order to the following parties:
(i) | to the Insured or, to such extent, if any, as appropriate, to any insurer of a policy applying excess of this Policy, but only to the extent (if any) by which such loss or liability (as applicable) exceeded the sum of the excess, deductible or retention of the Primary Policy, the Underlying Limit and the amount paid hereunder; and, |
(ii) | if any balance remains following the application of (i) above, to the Insurers to the extent of the amount(s) paid by them hereunder in respect of Loss; and, |
(iii) | if any balance remains following the application of (i) and (ii) above, to those, if any, entitled pursuant to the operation of the Underlying Policies to such extent, if any, of the entitlements conferred thereunder; and |
For the avoidance of doubt, nothing in this Policy shall be construed as limiting or delaying the Insured's right to payment of any Loss hereunder until such time as it has effected any recovery.
9. Alteration
No material amendment to the terms of the Primary Policy shall apply in respect of this Policy unless and until agreed in writing by the Insurers.
10. Reporting Period
Where the terms of the Primary Policy provide:
(i) | the Insured with a period of time immediately following the policy period of the Primary Policy during which notice may be given to the insurers of the Primary Policy of any Claims or Circumstances; and/or, |
(ii) | the right to purchase such a period, |
then the Insured shall have the same period and/or right under this Policy in the same manner and on the same terms as those provided for in the Primary Policy except in relation to the premium payable (if any). The premium (if any) payable in respect of any such period available hereunder is set out in Item 9 of the Schedule.
11. Governing Law and Jurisdiction
This insurance shall be governed by and construed in accordance with the laws of the State of Massachusetts and any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts of United States of America as per NMA1998 Service of Suit Clause U.S.A. as attached.
12. Complaints
The Insurers aim to provide a high standard at all times but if the Insured is not satisfied with the service provided it should contact the following:
In respect of Lloyd's underwriters: the person(s) identified in Item 10(a) of the Schedule.
In respect of Insurers other than Lloyd's underwriters, Willis Limited will provide on request details of the relevant persons.
In the event that the Insured remains dissatisfied it may be possible for the Insured's complaint to be referred to the Financial Ombudsman Service who may review the matter. The Financial Ombudsman Service address is:
Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
London E14 9SR
Telephone: 0845 0801800
Email: enquiries@financial-ombudsman.org.uk
Website: www.financial-ombudsman.org.uk
ENDORSEMENT No 1
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No. B080113012P10
SPECIAL CANCELLATION CLAUSE
In the event that an Underwriter:
a) | ceases underwriting; or |
b) | is the subject of an order or resolution for winding up or formally proposes a scheme of arrangement; or |
c) | has its authority to carry on insurance business withdrawn, |
d) | has its financial strength rating reduced by A.M.Best's, Standard & Poor's or equivalent rating agency to less than A-. |
the Insured may terminate that Underwriter's participation on this risk forthwith by giving notice and the premium payable to that Underwriter shall be pro rata to the time on risk. In the event there are any notified, reserved or paid losses or circumstances, premium shall be deemed fully earned. Any return of premium shall also be subject to a written full release of liability from the Insured.
NMA2975 (amended)
30/05/03
ENDORSEMENT No 2
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No. B080113012P10
U.S. TERRORISM RISK INSURANCE ACT OF 2002 AS AMENDED
NEW & RENEWAL BUSINESS ENDORSEMENT
This Endorsement is issued in accordance with the terms and conditions of the "U.S. Terrorism Risk Insurance Act of 2002" as amended as summarized in the disclosure notice.
In consideration of an additional premium of USD222 paid, it is hereby noted and agreed with effect from inception that the Terrorism exclusion to which this Insurance is subject, shall not apply to any insured loss directly resulting from any "act of terrorism" as defined in the "U.S. Terrorism Risk Insurance Act of 2002", as amended ("TRIA").
The coverage afforded by this Endorsement is only in respect of any insured loss of the type insured by this Insurance directly resulting from an "act of terrorism" as defined in TRIA. The coverage provided by this Endorsement shall expire at 12:00 midnight December 31, 2014, the date on which the TRIA Program is scheduled to terminate, or the expiry date of the policy whichever occurs first, and shall not cover any losses or events which arise after the earlier of these dates. The Terrorism exclusion, to which this Insurance is subject, applies in full force and effect to any other losses and any act or events that are not included in said definition of "act of terrorism".
This Endorsement only affects the Terrorism exclusion to which this Insurance is subject. All other terms, conditions, insured coverage and exclusions of this Insurance including applicable limits and deductibles remain unchanged and apply in full force and effect to the coverage provided by this Insurance.
Furthermore the Underwriter(s) will not be liable for any amounts for which they are not responsible under the terms of TRIA (including subsequent action of Congress pursuant to the Act) due to the application of any clause which results in a cap on the Underwriter's liability for payment for terrorism losses.
21/12/2007
LMA5091
Form approved by Lloyd's Market Association
ENDORSEMENT No 3
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No. B080113012P10
WAR AND TERRORISM EXCLUSION ENDORSEMENT
Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss;
(1) | war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power; or |
(2) | any act of terrorism. |
For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear.
This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to (1) and/or (2) above.
In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect.
NMA2918 (amended)
08/10/2001
ENDORSEMENT No 4
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No. B080113012P10
PREMIUM PAYMENT CLAUSE
Notwithstanding any provision to the contrary within this contract or any endorsement hereto, in respect of non payment of premium only the following clause will apply.
The (Re)Insured undertakes that premium will be paid in full to (Re)Insurers by 29 August 2010.
If the premium due under this contract has not been so paid to (Re)Insurers by 29 August 2010 (Re)Insurers shall have the right to cancel this contract by notifying the (Re)Insured via the broker in writing. In the event of cancellation, premium is due to (Re)Insurers on a pro rata basis for the period that (Re)Insurers are on risk but the full contract premium shall be payable to (Re)Insurers in the event of a loss or occurrence prior to the date of termination which gives rise to a valid claim under this contract.
It is agreed that (Re)Insurers shall give not less than 15 days prior notice of cancellation to the (Re)Insured via the broker. If premium due is paid in full to (Re)Insurers before the notice period expires, notice of cancellation shall automatically be revoked. If not, the contract shall automatically terminate at the end of the notice period.
If any provision of this clause is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of this clause which will remain in full force and effect.
30/09/08
LSW3001
WILLIS ADDENDUM TO PREMIUM PAYMENT CLAUSE LSW 3001
Notice of Cancellation in writing for the purposes of the Premium Payment Clause (LSW3001) shall be notice in writing to the Group's Compliance Officer at the Willis Building, 51 Lime Street, London EC3M 7DQ, and delivered by registered post or received and acknowledged personally by the Compliance Officer. The notice will only be accepted if the risk is properly identified, and includes at least the name of the Insured, the Willis slip reference number, the class of business and any other information which will enable the risk to be clearly identified. Further, for the avoidance of doubt, a notice of cancellation sent by e-mail to the Company shall not constitute notice in writing for the purposes of the application of the Premium Payment Clause (LSW3001).
ENDORSEMENT No 5
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No. B080113012P10
U.S.A.
NUCLEAR INCIDENT EXCLUSION CLAUSE-LIABILITY-DIRECT (BROAD)
For attachment to insurances of the following classifications in the U.S.A., its Territories and Possessions, Puerto Rico and the Canal Zone:-Owners, Landlords and Tenants Liability, Contractual Liability, Elevator Liability, Owners or Contractors (including railroad) Protective Liability, Manufacturers and Contractors Liability, Product Liability, Professional and Malpractice Liability, Storekeepers Liability, Garage Liability, Automobile Liability (including Massachusetts Motor Vehicle or Garage Liability), not being insurances of the classifications to which the Nuclear Incident Exclusion Clause-Liability-Direct (Limited) applies.
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 of 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 |
(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 byproduct material; source | |
material, | special nuclear material, and "byproduct 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 byproduct | |
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, 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.
17/3/60
N. | M.A. 1256 |
ENDORSEMENT No 6
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No. B080113012P10
U.S.A.
RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE
-LIABILITY-DIRECT
(Approved by Lloyd's Underwriters' Non-Marine Association)
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.
13/2/64
N.M.A. 1477
All other terms, conditions and limitations of this Policy shall remain unchanged.
ENDORSEMENT No 7
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No. B080113012P10
SERVICE OF SUIT CLAUSE (U.S.A.)
It is agreed that in the event of the failure of the Underwriters hereon to pay any amount claimed to be due hereunder, the Underwriters hereon, at the request of the Assured (or Reinsured), will submit to the jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of Underwriters rights to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another Court as permitted by the laws of the United States or of any State in the United States. It is further agreed that service of process in such suit may be made upon Mendes & Mount LLP, 750 Seventh Avenue, New York New York 10019-6829, United States of America and that in any suit instituted against any one of them upon this contract, Underwriters will abide by the final decision of such Court or of any Appellate Court in the event of an appeal.
The above-named are authorized and directed to accept service of process on behalf of Underwriters in any such suit and/or upon the request of the Assured (or Reinsured) to give a written undertaking to the Assured (or Reinsured) that they will enter a general appearance upon Underwriters behalf in the event such a suit shall be instituted.
Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, Underwriters hereon hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Assured (or Reinsured) or any beneficiary hereunder arising out of this contract of insurance (or reinsurance), and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof.
N.M.A. 1998 (24/4/86)
All other terms, conditions and limitations of this Policy shall remain unchanged.
ENDORSEMENT No 8
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No. B080113012P10
This policy contains a Tie-in of limits between this Fidelity Fixed Income and Asset Allocation Funds Bond Policy and Fidelity Fixed Income and Asset Allocation Funds Professional Policy.
All other terms, conditions and limitations of this Policy shall remain unchanged.
ENDORSEMENT No 9
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No.B080113012P10
The language used for Contract interpretation shall be English as set out in the contract Wording.
All other terms, conditions and limitations of this Policy shall remain unchanged.
ENDORSEMENT No 10
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No.B080113012P10
Where any date on which the Premium is due to be paid falls on a weekend or Public Holiday, presentation to Insurers or their agents on the next working day will be deemed to comply with the relevant premium payment requirement. For the purposes of this clause, Public Holiday shall mean any public or statutory holiday in any territory through which the Premium must pass between the Insured and Insurers or their agents.
All other terms, conditions and limitations of this Policy shall remain unchanged.
ENDORSEMENT No 11
This Endorsement, effective at 00.01 on 1 July 2010 forms part of Policy No.B080113012P10
This contract is subject to US State Surplus Lines requirements. It is the responsibility of the Surplus Lines Broker to affix a Surplus Lines Notice to the contract document before it is provided to the insured. In the event that the Surplus Lines Notice is not affixed to the contract document the insured should contact the Surplus Lines broker.
All other terms, conditions and limitations of this Policy shall remain unchanged.
(RE)INSURERS LIABILITY CLAUSE
(Re)insurers liability several not joint
The liability of a (re)insurer under this contract is several and not joint with other (re)insurers party to this contract. A (re)insurer is liable only for the proportion of liability it has underwritten. A (re)insurer is not jointly liable for the proportion of liability underwritten by any other (re)insurer. Nor is a (re)insurer otherwise responsible for any liability of any other (re)insurer that may underwrite this contract.
The proportion of liability under this contract underwritten by a (re)insurer (or, in the case of a Lloyds syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown next to its stamp. This is subject always to the provision concerning signing below.
In the case of a Lloyds syndicate, each member of the syndicate (rather than the syndicate itself) is a (re)insurer. Each member has underwritten a proportion of the total shown for the syndicate (that total itself being the total of the proportions underwritten by all the members of the syndicate taken together). The liability of each member of the syndicate is several and not joint with other members. A member is liable only for that members proportion. A member is not jointly liable for any other members proportion. Nor is any member otherwise responsible for any liability of any other (re)insurer that may underwrite this contract. The business address of each member is Lloyds, One Lime Street, London EC3M 7HA. The identity of each member of a Lloyds syndicate and their respective proportion may be obtained by writing to Market Services, Lloyds, at the above address.
Proportion of liability
Unless there is signing (see below), the proportion of liability under this contract underwritten by each (re)insurer (or, in the case of a Lloyds syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown next to its stamp and is referred to as its written line.
Where this contract permits, written lines, or certain written lines, may be adjusted (signed). In that case a schedule is to be appended to this contract to show the definitive proportion of liability under this contract underwritten by each (re)insurer (or, in the case of a Lloyds syndicate, the total of the proportions underwritten by all the members of the syndicate taken together). A definitive proportion (or, in the case of a Lloyds syndicate, the total of the proportions underwritten by all the members of a Lloyds syndicate taken together) is referred to as a signed line. The signed lines shown in the schedule will prevail over the written lines unless a proven error in calculation has occurred.
Although reference is made at various points in this clause to this contract in the singular, where the circumstances so require this should be read as a reference to contracts in the plural.
21/6/07
LMA3333
NMA LINES CLAUSE
This Insurance, being signed for 100% of 100% insures only that proportion of any loss, whether total or partial, including but not limited to that proportion of associated expenses, if any, to the extent and in the manner provided in this Insurance.
The percentages signed in the Table are percentages of 100% of the amount(s) of Insurance stated herein.
NMA 2419
BUREAU REFERENCE | 61635 09/07/2010 | BROKER NUMBER 0801 |
PROPORTION % | SYNDICATE | UNDERWRITER'S REFERENCE |
83.33------------------------- | 1274------------------------- | 300563800010 |
16.67------------------------- | 2488------------------------- | AKFH6ALL5002 |
TOTAL LINE | No. OF SYNDICATES | |
100.00 | 2 |
THE LIST OF UNDERWRITING MEMBERS | ||
OF LLOYD'S IS IN RESPECT OF 2010 | ||
YEAR OF ACCOUNT | ||
EFFECTIVE FROM: 01 JUL 2010 | ||
BUREAU USE ONLY | Page 1 of 1 | |
USL1 72 3762 | RISK CODE: BB |
BUREAU REFERENCE | 61636 09/07/2010 | BROKER NUMBER 0801 |
PROPORTION % | SYNDICATE | UNDERWRITER'S REFERENCE |
83.33------------------------- | 1274------------------------- | 300563800010 |
16.67------------------------- | 2488------------------------- | AKFT6ALL5002 |
TOTAL LINE | No. OF SYNDICATES | |
100.00 | 2 |
THE LIST OF UNDERWRITING MEMBERS | ||
OF LLOYD'S IS IN RESPECT OF 2010 | ||
YEAR OF ACCOUNT | ||
EFFECTIVE FROM: 01 JUL 2010 | ||
BUREAU USE ONLY | Page 1 of 1 | |
USL1 72 3762 | RISK CODE: 7T |
One Lime Street London EC3M 7HA
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