|
(a)
|
Would have been paid
under the Underlying but for the fact that such loss exceeds the limit of
liability of the Underlying Carrier (s) listed in Item 3,
and
|
|
(b)
|
for
which the Underlying Carrier (s) has (have) made payment, and the Insured
has collected the full amount of the expressed limit of the Underlying
Carrier’s (s) liability.
|
Item 6.
|
Total
amount of Underlying Single Loss Limit of
Liability
|
|
The
total amount of Underlying Single Loss Limit of Liability is $25, 000, 000
plus any Single Loss Deductible under the Bond or Policy identified in
Item 5. (A) of the Declarations of this Excess Follow
Form,
|
Item 7.
|
Total
amount of Underlying Aggregate Limit of Liability each Excess Follow Form
Period
|
|
The
total amount of Underlying Aggregate Limit of Liability each Excess Follow
Form Period is 25,000,000 plus any Single Loss Deductible under the Bond
or Policy identified in Item 5. (A) of the Declarations of this Excess
Follow Form.
|
Item 8.
|
Subject
to the Declarations, Insuring Clause, Terms, Conditions and Limitations
and Endorsements of this Excess Follow Form and as excepted below, this
Excess Follow Form follows the form
of:
|
Insurer’s
Name:
|
Federal
Insurance Company
|
Bond
or Policy Number:
|
8194-80-05
|
Effective
Date:
|
October
1, 2007
|
|
Except
as provided below:
|
Item 9.
|
The
Insured, by acceptance of this Excess Follow Form, gives notice to the
Underwriter terminating or canceling prior Bond or Policy Numbers 490P8
1296
|
|
such
termination or cancellation to be effective as of the time this Excess
Follow Form becomes effective.
|
Item 10.
|
The
liability of the Underwriter is subject to the terms of the following
endorsements attached hereto:
|
|
XS100
ED. 5-05
|
A.
|
The
Insured(s) shall notify the Underwriter in writing, as soon as
practicable, of a failure to maintain in full force and effect, without
alteration, the coverage and provisions of the Bond(s) or Policy(ies)
identified in Item 5. of the
Declarations.
|
B.
|
In
the event there is no recovery available to the Insured as a result of the
insolvency of any Underlying Insurer or the Insured’s failure to comply
with the maintenance of any Underlying Insurance, the coverage hereunder
shall apply as excess of the amount of all Underlying Insurance plus the
amount of any applicable deductible to the same extent as if the
Underlying Insurance were maintained in full force and
effect.
|
C.
|
If
the coverage and provisions of the Bond or Policy identified in Item 8. of
the Declarations are altered, the Insured shall, as soon as practicable,
give the Underwriter written notice of such alteration(s); and upon
receipt of written consent to such alteration(s) from the Underwriter, the
Insured shall pay any additional premium required by the Underwriter, This
Excess Follow Form shall not follow the form of any alteration(s) to the
Bond or Policy identified in Item 8. of the Declarations unless such
written notice thereof is given by the Insured(s) to the Underwriter, the
Underwriter gives written consent to such alteration(s) and the Insured(s)
pay(s) any additional premium required by the
Underwriter,
|
D.
|
Except
as provided in Sections 2.D. and 2.E, below, in no event shall the
Underwriter be liable to pay loss under this Excess Follow Form until the
total amount of the Underlying Single Loss Limit of Liability as stated in
Item 6. of the Declarations has been exhausted solely by reason of the
payment of loss by the Underlying Insurer(s) as covered loss under the
applicable Underlying Insurance.
|
E.
|
Any
claim, loss or coverage that is subject to a Sublimit in any Underlying
Insurance shall not be considered covered loss under this Excess Follow
Form, but shall, for purposes of this Excess Follow Form, reduce or
exhaust the Underlying Limit of Liability to the extent such payment
reduces or exhausts the aggregate limit(s) of liability of such Underlying
Insurance.
|
A.
|
Payment
by the Underwriter of loss covered under this Excess Follow Form shall
reduce the Aggregate Limit of Liability of this Excess Follow Form set
forth in Item 4. of the Declarations. In the event of exhaustion of the
Aggregate Limit of Liability of this Excess Follow Form set forth in Item
4. of the Declarations, the Underwriter shall be relieved of all further
liability under this Excess Follow
Form.
|
B.
|
The
Underwriter’s maximum liability for a Single Loss covered under this
Excess Follow Form shall not exceed the amount of the Single Loss Limit of
Liability stated in Item 3. of the Declarations. Also, the Underwriter’s
maximum liability for all loss(es) in the aggregate covered under this
Excess Follow Form shall not exceed the amount of the Aggregate Limit of
Liability stated in Item 4. of the Declarations, which shall be the
maximum liability of the Underwriter in the Excess Follow Form Period
stated in Item 2. of the
Declarations.
|
C.
|
Except
as provided in Sections 2.D. and 2.E. below, the Underwriter shall only be
liable to make payment for a Single Loss covered under this Excess Follow
Form after the total amount of the Underlying Single Loss Limit of
Liability as stated in Item 6. of the Declarations has been paid solely by
reason of the payment of loss by the Underlying Insurer(s) as covered loss
under the applicable Underlying
Insurance.
|
D.
|
In
the event the total amount of the Underlying Aggregate Limit of Liability
as stated in Item 7. of the Declarations is reduced solely by reason of
the payment of covered loss by any Underlying Insurer to an amount less
than the total amount of the Underlying Single Loss Limit of Liability as
stated in Item 6. of the Declarations, this Excess Follow Form shall pay
covered loss excess of the reduced total amount of Underlying Aggregate
Limit of Liability, but not to exceed the amount of the Single Loss Limit
of Liability stated in Item 3. of the Declarations, and subject always to
the remaining Aggregate Limit of Liability of this Excess Follow
Form.
|
E.
|
In
the event of exhaustion of the total amount of Underlying Aggregate Limit
of Liability as set forth in Item 7. of the Declarations, solely by reason
of the payment of covered loss by the Underlying Insurer(s), this Excess
Follow Form shall continue in force as primary insurance, provided always
that this policy shall only pay covered loss excess over any retention or
deductible amount otherwise applicable under the Underlying Insurance
scheduled in Item 5. (A) of the Declarations, such amount not to exceed
the Single Loss Limit of Liability stated in Item 3. of the Declarations
and subject always to the remaining Aggregate Limit of Liability of this
Excess Follow Form.
|
A.
|
The
Insured(s) shall, within the time and manner prescribed in the Bond or
Policy identified in Item 8. of the Declarations, give the Underwriter
notice of any loss of the kind covered by this Excess Follow Form, whether
or not the Underwriter is liable therefor in whole or in part, and upon
request of the Underwriter, the Insured(s) shall file with the Underwriter
a written statement of such loss and a copy of all correspondence between
the Insured(s) and any Insurer identified in Item 5. of the Declarations.
Notice given to any Insurer identified in Item 5. of the Declarations of
this
|
|
Excess
Follow Form shall not constitute notice as required under Section 4. of
the Terms, Conditions and Limitations of this Excess Follow
Form,
|
B.
|
The
Insured(s) shall, within the time and manner prescribed in the Bond or
Policy identified in Item 8. of the Declarations, file with the
Underwriter a proof of loss for any loss of the kind covered by this
Excess Follow Form, whether or not the Underwriter is liable therefore in
whole or in part, and upon request of the Underwriter the Insured(s) shall
furnish a copy of all documents provided to or made available to any
Insurer identified in Item 5. of the Declarations in support of any proof
of loss filed with such Insurer. Filing of a proof of loss with any
Insurer identified in Item 5. of the Declarations shall not constitute
filing a proof of loss with the Underwriter as required in Section 4. of
the Terms, Conditions and Limitations of this Excess Follow
Form.
|
C.
|
Legal
proceedings against the Underwriter shall be commenced within the time
prescribed in the Bond or Policy identified in Item 8. of the Declarations
and only after complying with all the Terms, Conditions and Limitations of
this Excess Follow Form.
|
D.
|
Notice
and proof of loss under this Excess Follow Form shall be given to the
Professional E&O Claim Unit, Mail Code 50SF, 385 Washington Street,
St. Paul, MN 55102.
|
A.
|
The
term Excess Follow Form Period as used in this Excess Follow Form shall
mean the lesser of the period stated in Item 2. of the Declarations or the
time between the effective date and the termination date of this Excess
Follow Form.
|
B.
|
The
Aggregate Limit of Liability set forth in Item. 4. of the Declarations
shall not be cumulated regardless of the number of Excess Follow Form
Periods this Excess Follow Form has been in force; the number of renewals
of this Excess Follow Form by the Underwriter; any extensions of the
Excess Follow Form Period of this Excess Follow Form by the Underwriter;
the number of and amount of premiums paid by the Insured, or the number of
Excess Follow Form Periods of this Excess Follow Form in which the acts
giving rise to a loss(es) were committed or
occurred.
|
|
HOW TO REPORT LOSSES,
CLAIMS, OR POTENTIAL CLAIMS TO
TRAVELERS
|
·
|
better
protects the interests of all
parties;
|
·
|
helps Travelers to try to
resolve losses
or claims more quickly; and
|
·
|
often reduces the overall cost of
a loss or claim -
losses or claims
reported more than five days after they happen cost on average 35% more
than those reported earlier.
|
FAX
|
US
MAIL
|
EMAIL
|
Company:
|
ST. PAUL FIRE & MARINE
INSURANCE COMPANY
|
Policy
Number
|
Description
|
Amount
|
Surtax/
Surcharge
|
490PB1688
|
FI
– INVESTMENT COMPANY BLANKET BOND
|
$15,000
|
|
PSPT
SENT
|
Account
Date
|
Due
Date
|
Premium
|
Comm.
Rate
|
Payment
Plan
Service
Charge
|
Surtax/
Surcharge
|
10/1/2007
|
12/15/2007
|
$15,000
|
0%
|
|
ITEM
4.
|
SCHEDULE
OF PRIMARY UNDERLYING EXCESS POLICIES (HEREIN COLLECTIVELY THE “UNDERLYING
PROGRAM”):
|
Insurer
|
||||
Policy
Number
|
Single
Loss Limit
|
Aggregate
Limit
|
Deductible
|
Policy
Period
|
Federal
Insurance Company
|
||||
81948105
|
$15,000,000
|
$15,000,000
|
$250,000
|
10/01/2007-10/01/2008
|
Insurer
|
|||
Policy
Number
|
Single
Loss Limit
|
Aggregate
Limit
|
Policy
Period
|
Federal
Insurance Company
|
|||
F234-61-50-00
|
$10,000,000
Excess
of $15,000,000
|
$10,000,000
|
10/01/2007-10/01/2008
|
7273193
|
|
ITEM
5.
|
The
liability of the Underwriter is subject to the terms of the following
riders attached hereto:
|
|
ITEM
6.
|
The
Insured by the acceptance of this bond gives notice to the Underwriter
terminating or canceling prior bond(s) or policy (ies) No (s) 573—83—04
such termination or cancellation to be effective as of the time
this bond becomes effective.
|
|
A.
|
We
will pay on your behalf the Ultimate Net Loss in excess of the Underlying
Bond as shown in Item 4 of the Declarations, but only up to an amount not
exceeding our Limit of Liability as In Item 3 of the Declarations and only
after the issuers of the Underlying Bond have paid or have been held
liable to pay the full amount of limits of liability of the Underlying
Bond. Except for the terms, definitions, conditions and exclusions of this
bond, the coverage provided by this bond shall follow the terms,
definitions, conditions and exclusions of the Underlying Bond as shown In
Item 4 of the Declarations.
|
|
B.
|
The
Limit of Liability shown in Item 3 of the Declarations states the most we
will pay regardless of the number of Insureds, claims made or suits
brought or persons, organizations making claims or bringing
suits.
|
|
A.
|
Ultimate
Net Loss
|
III.
|
Conditions
|
|
A.
|
Maintenance
of Limit of
Liability of Underlying Bond
|
|
B.
|
Cancellation
|
|
1.
|
You
may cancel this bond. You must mail or deliver advance written notice to
us stating when the cancellation is to take
effect.
|
|
2.
|
We
may cancel this bond. If we cancel because of non-payment of premium, we
must mail or deliver to you not less than ten- (10) days advance written
notice stating when the cancellation is to take effect. If we cancel for
any other reason, we must mail or deliver to you not less than thirty- (30) days advance
written notice stating when the cancellation is to take effect. Mailing
that notice to you at your mailing address shown in Item 1 of the
Declarations will be sufficient to prove
notice.
|
|
3.
|
The
bond period will end on the day and hour stated in the cancellation
notice.
|
|
4.
|
If
we cancel, earned premium will be calculated pro rata based on the time
this bond was in force.
|
|
5.
|
If
you cancel, earned premium will be calculated based on short rate
tables.
|
|
6.
|
The
first Named Insured in Item 1 of the Declarations shall act on behalf of
all other lnsureds with respect to the giving and receiving of notice of
cancellation and the receipt of any refund that may become payable under
this bond.
|
|
7,
|
Any
of these provisions that conflict with a law that controls the
cancellation of the insurance in this bond is changed by this statement to
comply with that law.
|
|
C.
|
Cancellation
of Underlying Insurance Bond
|
|
D.
|
Changes
to Underlying Bond
|
|
E.
|
Notice
of Claim or Loss
|
|
F.
|
Payment
of Premium
|
|
Notice Requirements
for Midterm Cancellation and
Nonrenewal
|
|
1)
|
The
Insured has made a material misrepresentation which affects the
insurability of the risk, in which case the prescribed written notice of
cancellation shall be forwarded directly to the named Insured at least
fifteen (15) days in advance of the effective date of
termination.
|
|
2)
|
The
Insured has failed to pay a premium when due, whether the premium is
payable directly to the Insurer or its agents or indirectly under a
premium finance plan or extension of credit, in which case the prescribed
written notice of cancellation shall be forwarded directly to the named
insured at least fifteen (15) days in advance of the effective date of
termination.
|
|
3)
|
The
policy was cancelled by the named Insured, in which case written notice of
cancellation shall not be required and coverage shall be terminated on the
date requested by the Insured. Nothing in these three sections shall
restrict the Insurer’s right to rescind an insurance policy ab initio upon
discovery that the policy was obtained through fraudulent statements,
omissions or
|
|
1)
|
information
on closed claims, including date and description of occurrence, and amount
of payments, if any;
|
|
2)
|
Information
on open claims, including date and description of occurrence, amount of
payment, if any, and
amount of reserves, if
any;
|
|
3)
|
Information
on notices of occurrence, including date and description of occurrence and
amount of reserves, if
any.
|
|
1.
|
It
is a condition of the attached bond that the underlying bond(s) shall be
maintained in full effect in the amount of $25,000,000 during the
period of the attached bond except for any reduction in the aggregate
Limit(s) of Liability contained therein solely by payment of
claims.
|
|
2.
|
If,
by reason of the payment of any claim or claims, by Underwriters during
the period of the attached bond which reduces the aggregate Limits of
Liability of the underlying bond, the attached bond shall apply excess of
the reduced aggregate Limits of Liability of the underlying bond. In the
event of the exhaustion of the underlying limit(s), the attached bond
shall continue in force as primary insurance, and the Deductible set forth
in the Schedule of the primary bond shall apply to the attached
bond.
|
|
3.
|
However,
in the event of any reinstatement of the underlying aggregate Limit(s) of
Liability, the attached bond shall apply as excess of the reinstated
underlying agreement Limit(s) of
Liability.
|
|
4.
|
Nothing
herein contained shall be held to vary, alter, waive or extend any of the
terms, limitations, conditions or agreements of the attached bond other
than as above stated.
|
|
1.
|
The
term “Underwriter” as used in the attached bond shall be construed to
mean, unless otherwise specified in the rider, all of the Companies
executing the attached bond,
|
|
2.
|
Each
of said companies shall be liable only for such proportion of any Single
Loss under the attached bond as the amount underwritten by such Company as
specified in the Schedule forming a part hereof, bears to the Aggregate
Limits of Liability of the attached bond, but in no event shall any of
said Companies be liable for an amount greater than that underwritten by
it.
|
|
3.
|
In
the absence of a request from any of said Companies to pay premium
directly to it, premiums for the attached bond may be paid to the
Controlling Company for the account of all said
companies.
|
|
4.
|
In
the absence of a request from any of said Companies that notice of claim
and proof of loss be given to or filed directly with it, the giving of
such notice to and the filing of such proof with, the Controlling Company
shall be deemed to be in compliance with the conditions of the attached
bond for the giving of notice of loss and the filing of proof of loss, if
given and filed in accordance with said
conditions.
|
|
5.
|
The
Controlling Company may give notice in accordance with the terms of the
attached bond, terminating or canceling the attached bond as an entirety
or as to any Employee, and any notice so given shall terminate or cancel
the liability of all said
Companies.
|
|
6.
|
Any
Company other than the Controlling Company may give notice in accordance
with the terms of the attached bond, terminating or canceling the entire
liability of such other Company under the attached bond or as to any
Employee.
|
|
7.
|
In
the absence of a request from any of said Companies that notice of
termination or cancellation by the Insured of the attached bond in its
entirety be given to or filed directly with it, the giving of such notice
in accordance with the terms of the attached bond to the Controlling
Company shall terminate or cancel the liability of all of said Companies
as an entirety. The Insured may terminate or cancel the entire liability
of any Company, other than the Controlling Company, under the attached
bond by giving notice of such termination or cancellation to such other
Company, and shall send copy of such notice to the Controlling
Company.
|
|
8.
|
In
the event of the termination or cancellation of the attached bond as an
entirety, no Company shall be liable to the Insured for a greater
proportion of any return premium due the Insured than the amount
underwritten by such Company bears to the Aggregate Limit of Liability of
the attached bond.
|
|
9.
|
In
the event of termination or cancellation of the attached bond as to any
Company, such Company alone shall be liable to the insured for any return
premium due the Insured on account of such termination or cancellation.
The termination or cancellation of the attached bond as to any Company
other than the Controlling Company shall not terminate or cancel or
otherwise affect the liability of the other Companies under the attached
bond.
|
FORM
NUMBER
|
EDITION
DATE
|
FORM
TITLE
|
63674
63675
89644
52165
MNSCPR
MNSCPR
MNSCPR
78859
|
10/95
10/95
07/05
06/07
10/01
|
FOLLOW
FORM BOND – DEC
FOLLOW
FORM BOND – GUTS
COVERAGE
TERRITORY ENDORSEMENT (OFAC)
PENNSYLVANIA
AMENDATORY – CANCELLATION/NONRENEWAL
RELIANCE
UPON OTHER CARRIER’S APPLICATION
DROP
DOWN RIDER
CO-SURETY
RIDER
FORMS
INDEX ENDORSEMENT
|