!iil-'' Insurance Agency OF THE HILL COUNTRY, INC. 123 B Commerce Street P. O. Box 291549 Kerrville, Texas 78029 - 1549 Phone: (830) 896 - 2400 Fax: (830) 257 - 2057 Online: www.firstinsagency.com Comfort Phone: (830) 995 - 2700 January 06, 2010 Kerr County Attn: Auditor 700 Main St. Room 103 Kerrville, TX 78028 Re: Professional Liability Policy County Clerk Dear Mindy Lou Williams, Enclosed is your Professional Liability policy for the County Clerk. Please take a few moments to review your policy and should you have any questions or changes to be made, feel free to contact us: Sincerely, . ~ . ~ ~- ~c:~1 L._.~,,~ Debbie L. Corbin First Insurance Agency Of The Hill Country, Inc. This Declaration Page is attached to and forms part of certificate provisions (Form SLC-3 USA). Previous No. ELC40456 Authority Ref. No. C2800- 09 Certificate No. ELC40467 1 Name and address of the Assured THE COUNTY CLERK OF KERR COUNTY, TEXAS POLICY FEE FULLY EARNED UPON ISSUANCE OF POLICY. 2 3 4 KERR COUNTY COURTHOUSE KERRVILLE TX 78028 Effective from 01-01-10 TO 01-01-11 both days at 12:01 a.m. standard time Insurance is effective with certain UNDERWRITERS AT LLOYD'S, LONDON. Percentage: 100.00% Amount Coverage Rate Premium State/Rate $500,000 COUNTY CLERK AND RECORDER $1,709.00 PREMIUM EACH AND EVERY LIABILITY INSURANCE PER CLAIM & IN THE FORM LSW070 $200.00 POLICY FEE AGGREGATE $92.58 TAX INCLUDING CLAIMS (TERRORISM COVERAGE NOT $1.15 STAMPING FEE EXPENSE/COSTS APPLICABLE TO COVERAGE) $2,002.73 TOTAL 5 Special conditions: C2800-09, LSW 070, LSW 541, NMA 1477, NMA 1331, NMA 1256 [03-17-60], NMA 1998, NMA 2340, NMA 2918 [10-08-01], CN-1, GFN 4-09, ASBESTOS CLAIMS-MADE BASIS, RETROACTIVE DATE: 01/01/1982 DEDUCTIBLE: $1,000 EACH AND EVERY CLAIM, INCLUDING CLAIMS EXPENSE PROPOSAL DATED: 10/26/09 6 Service of Suit may be made upon: PER ENDORSEMENT NMA 1998 ATTACHED Dated QUIRK COMPANY 29-12-09 DRE P O BOX 792030 SAN ANTONIO TEXAS 78279-2030 by Correspondent INSURED LLOYD'S One Lime Street London EC3M 7HA SECURITY 100% UNDERWRITERS AT LLOYDS PERCENTAGE SYNDICATE NO. SYND 50.00 570 ATR 50.00 958 GSC czsooio9 (ELC Prefix) THE SCHEDULE Policy No.: ELC40467 Name of the Assured: THE COUNTY CLERK OF KERB COUNTY, TEXAS Address of the Assured: KERB COUNTY COURTHOUSE KERRVILLE, TX 78028 Period of Insurance: From: To: O1/O1/10 O1/O1/11 Both days at 12:01 A.M. Standard Time at address of Assured stated above. Limits of Liability: Each Claim: $500,000 Aggregate: $500,000 EACH AND EVERY CLAIM AND 1N THE AGGREGATE INCL CLAMIS EXPENSE/COSTS Deductible: $1,000 EACH AND EVERY CLAIM, INCLUDING CLAIMS EXPENSES/COSTS Retroactive Date: 01/01/82 Date of Application: 10/26/09 Designee for Service of Suit: WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 150 EAST 42ND STREET NEW YORK, NEW YORK 10017 Premium: $1,709.00 ANNUAL Dated in London: 12/29/09 QUIRK & COMPANY (DE) COUNTY CLERKS AND RECORDERS PROFESSIONAL INDEMNITY INSURANCE NOTICE THIS IS A CLAIMS MADE POLICY EXCEPT TO SUCH EXTENT AS MAY BE PROVIDED OTHERWISE HEREIN, THIS POLICY IS LIMITED TO INDEMNITY FOR ONLY THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE ASSURED DURING THE POLICY PERIOD. PLEASE REVIEW THE POLICY CAREFULLY. Words which are capitalized in this Policy shall be deemed, where appropriate, to have those meanings as set forth in the Definitions which are a part of this Policy. In consideration of the payment of the premium, the undertaking of the ASSURED to pay the deductible as described herein, in reliance upon the statements in the application attached hereto and made a part hereof, and subject to the Limits of Liability shown in the Schedule, and subject to all terms of this Insurance, Underwriters agree to indemnify the ASSURED as follows: INSURING AGREEMENTS 1. COVERAGE: CLAIMS MADE PROVISION: The Underwriters will indemnify the insured COUNTY CLERK or RECORDER for all sums which the ASSURED shall become legally obligated to pay as DAMAGES as the result of CLAIMS first made against the ASSURED during the POLICY PERIOD by reason of any negligent act, error or omission committed or alleged to have been committed by the ASSURED which arises solely out of the conduct of the ASSURED in his official capacity as a COUNTY CLERK or RECORDER as hereinafter defined, provided always that: (a) such CLAIM is not executed by reason of any RETROACTIVE DATE specified in the Schedule, and, (b) the ASSURED had no knowledge of any such negligent act, error or omission on or prior to the effective date of this Policy and there is no prior policy or policies under which the ASSURED is entitled to indemnify for such CLAIM or suit. 2. DISCOVERY CLAUSE: If during the POLICY PERIOD, the ASSURED first becomes aware of a specific negligent act, error or omission for which insurance is provided under the Policy and if the ASSURED shall during the POLICY PERIOD give written notice to the Underwriters of: (a) the specific negligent act, error or omission, and (b) the damage which has resulted or may result therefrom, and (c) the circumstances by which the ASSURED first became aware thereof, then any CLAIM subsequently made against the ASSURED arising out of such negligent act, error or omission shall be deemed for the purpose of this Insurance to have been made during the POLICY PERIOD. The ASSURED shall cooperate fully with the Underwriters, and any investigation conducted by the Underwriters or their representatives shall be subject to the terms set forth in this Policy. 3. LIMITS OF LIABILITY: The liability of Underwriters for each CLAIM first made against the ASSURED during the POLICY PERIOD, including CLAIM EXPENSES, shall not exceed the amount stated in the Schedule for "each claim". Subject to that limit for each CLAIM, the total Limit of Underwriters' Liability for all CLAIMS, including CLAIM EXPENSES, first made against the ASSURED during the POLICY PERIOD shall never exceed the amount stated in the Schedule as "aggregate". The inclusion herein of more than one ASSURED or the making of CLAIMS or the bringing of suits by more than one person or organization shall not operate to increase the Limit of Underwriters' Liability for each CLAIM and in the aggregate. 4. DEDUCTIBLE: The deductible amount stated in the Schedule shall be paid by the NAMED ASSURED and shall be applicable to each CLAIM and shall include CLAIM PAYMENTS and CLAIM EXPENSES, whether or not CLAIM PAYMENT is made. 5. DEFENSE AND SETTLEMENT: (a) The ASSURED shall not admit liability for or settle any CLAIM or incur any CLAIM EXPENSES in connection therewith without the written consent of the Underwriters, who shall be entitled at any time to take over and conduct in the name of the ASSURED, the defense of any CLAIM, and the ASSURED shall continue to cooperate fully with the Underwriters in such defense. All CLAIM EXPENSES shall be subject to the Limits of Liability available for such CLAIMS. (b) The Underwriters' shall not settle any CLAIM without the consent of the ASSURED, If, however, the ASSURED shall refuse to consent to any settlement recommended by the Underwriters and shall elect to contest or continue any legal proceedings in connection with such CLAIM, then the underwriters' liability for the CLAIM shall not exceed the amount for which the CLAIM could have been settled plus the CLAIM EXPENSES incurred with their consent up to the date of such refusal. DEFINITIONS 1. THE ASSURED: The unqualified word "ASSURED" whenever used in this Policy means: (a) The NAMED ASSURED herein defined as the individual named in the Schedule; (b) any salaried employee or assistant of the NAMED ASSURED while acting within the scope of his official duties as stated in the Schedule; (c) any predecessor(s) in office and/or any salaried employee or assistant thereof while formerly acting within the scope of his official duties as stated in the Schedule; (d) the county and/or any court of competent jurisdiction and/or any government or administrative departments of the said county and/or courts within whose jurisdiction the NAMED ASSURED performs his official duties, and by whom, for the purposes of this Insurance, the NAMED ASSURED shall be considered to be employed, but solely by reason of those negligent acts, errors or omissions committed or alleged to have been committed by the NAMED ASSURED in his official capacity as insured hereunder. 2. POLICY PERIOD: The term "POLICY PERIOD" whenever used in this Policy shall mean the period from the inception date of this Policy to the expiration date as set forth in the Schedule or its earlier termination date, if any. 3. RETROACTIVE DATE: The term "RETROACTIVE DATE" whenever used in this Policy shall mean the date, if any, stated in the Schedule, and any CLAIM based upon or arising out of any act, error or omission committed or alleged to have been committed prior to such date is not insured hereunder whether or not such CLAIM is first made against the ASSURED during the POLICY PERIOD. 4. CLAIM: The unqualified word "CLAIM" whenever used in this Policy shall mean a written demand received by the ASSURED for money or services, including the service of suit upon the ASSURED or institution of arbitration proceedings against the ASSURED. 5. CLAIM EXPENSE: "CLAIM EXPENSES" means: (a) fees charged by any attorney designated by Underwriters, (b) all other fees, costs and expenses resulting from the investigation, adjustment, defense and appeal of a CLAIM, incurred by Underwriters, and (c) the reasonable fees charged by any attorney designated by the ASSURED with the written consent of Underwriters. 6. CLAIM PAYMENTS: The term "CLAIM PAYMENT" whenever used in this Policy shall mean the payment of DAMAGES for any settlement or judgment in any CLAIM covered under this Policy. 7. COUNTY CLERK OR RECORDER: The terms "COUNTY CLERK" or "RECORDER" mean that person or persons designated by appropriate state or county statute to perform such ministerial, judicial or quasi judicial duties and responsibilities as specifically delegated to a COUNTY CLERK or RECORDER. 8. DAMAGES: The word "DAMAGES" whenever used in this Policy means compensatory damages only and does not include fines, penalties, taxes, punitive, exemplary, multiplied or treble damages, matters uninsurable under the law pursuant to which the policy is construed, or the return or withdrawal of fees. EXCLUSIONS The Insuring Agreements and all other provisions of this Policy shall not apply to, and no coverage shall be afforded under this Policy for, any CLAIMS, CLAIM PAYMENTS and/or CLAIM EXPENSES for, based upon, relating to, or arising out of: (a) any intentional, dishonest, fraudulent, criminal or malicious act or any act of infidelity, conversion or misappropriation of funds, committed or alleged to have been committed by, or at the direction of the ASSURED, his agents, servants and/or employees. (b) punitive or exemplary damages, taxes, fines or penalties, except that if a suit is brought against the ASSURED on a CLAIM falling within the coverage hereof, seeking both compensatory and punitive or exemplary damages, taxes, fines, or penalties, then the Underwriters will, subject to all other provisions of this Policy, indemnify for CLAIM EXPENSES incurred in such action, without liability, however, for such punitive or exemplary damages, taxes, fines, or penalties. (c) bodily injury to, or sickness, emotional distress, disease or death of any person. (d) injury to or destruction of any tangible property, including the loss of use thereof. (e) personal injury, including, but not limited to: 1. libel and slander, 2. invasion of privacy, discrimination, assault or battery. 3. malicious prosecution, 4. false arrest, false imprisonment or detention. (f) any opinion or certification of title, or any opinion or certification of the marketability of any title, furnished or rendered by the ASSURED unless otherwise endorsed hereon. (g) federal or state securities laws, including but not limited to the Securities Act of 1933, the Securities Act of 1934, any amendments thereof or additions thereto, or any rules or regulations issued pursuant to any such laws. (h) the performance of professional services as an attorney-at-law. (i) the handling or disbursement of funds unless otherwise endorsed hereon. (j) the ownership, maintenance, operation or use of any aircraft, watercraft, automobiles or vehicles of any kind. (k) any obligation under any workers compensation law. (1) the Employee Retirement Income Security Act of 1974 and any amendments thereto or rules or regulations promulgated thereunder, or similar provisions of any federal, state or local statutory or common law. (m) any actual or alleged violation of the Racketeer Influenced and Corrupt Organizations Act, 18 USC Section 1961 et seq., and any amendments thereto or rules or regulations promulgated thereunder. (n) any assertions, allegations, causes or action, proceedings, or demands whatsoever by or on behalf of any ASSURED or ASSUREDS under this Policy against any other ASSURED or ASSUREDS hereunder. (o) any liability, loss or damage directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority. CONDITIONS 1. ASSURED'S DUTIES IN THE EVENT OF A CLAIM OR SUIT: The ASSURED shall as a condition precedent to his right to be indemnified under this Insurance give to Underwriters immediate notice in writing of any CLAIM first made against him, cooperate with Underwriters and upon Underwriters' request, submit to examination and interrogation by a representative, under oath if required, and shall attend hearings, depositions and trials, and shall assist in effecting settlement, securing and giving evidence, obtaining the attendance of witnesses and assisting in the conduct of suits, as well as in the giving of a written statement or statements to Underwriters' representatives and meeting with such representatives for the purposes of investigation and/or defense, and all without charge to the Underwriters. 2. SUBROGATION: In the event of any payment under this Policy, Underwriters shall be subrogated to all the ASSURED'S rights of recovery therefor against any person or organization and the ASSURED shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The ASSURED shall do nothing after the CLAIM to prejudice such rights. Underwriters shall not exercise any such rights against any persons or corporations included in the definition of ASSURED. Notwithstanding the foregoing, however, Underwriters reserve the right to exercise any rights of subrogation against an ASSURED in respect of any CLAIM brought about or contributed to by the intentional, dishonest, fraudulent, criminal or malicious act or omission of such ASSURED. 3. ACTION AGAINST UNDERWRITERS: No action shall lie against Underwriters unless, as a condition precedent thereto, the ASSURED shall have fully complied with all the terms of this Policy, nor until the amount of the ASSURED'S obligation to pay shall have been fully and finally determined, either by judgment against the ASSURED after actual trial, or by written agreement of the ASSURED, the claimant and Underwriters. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this Policy to the extent of the insurance afforded by the policy, and the coverage available thereunder. Nothing contained in this Policy shall give any person or organization any right to join Underwriters as codefendant in any action against the ASSURED to determine the ASSURED'S liability. Bankruptcy or insolvency of the ASSURED or of the ASSURED'S estate shall not relieve Underwriters of any of their obligations hereunder. 4. FALSE OR FRAUDULENT CLAIMS: If the ASSURED shall proffer any CLAIM knowing same to be false or fraudulent, as regards amount or otherwise, this Insurance shall become null and void and all CLAIMS hereunder shall be forfeited. 5. APPLICATION: By acceptance of this Policy the ASSURED agrees that the statements in the application are his representations, that this Policy is issued in reliance upon the truth of such representations, that they shall be deemed material, and that this Policy embodies all agreements existing between the ASSURED and Underwriters, or any of their agents, relating to this Insurance. 6. OTHER INSURANCE: Subject to the limitation of coverage as set forth in Insuring Agreement 1(b) regarding the application of a prior policy or policies, this Insurance is in excess of the amount of applicable deductible of this Policy and any other valid and collectible insurance available to the ASSURED whether such other Insurance is stated to be primary, contributory, excess, contingent or otherwise. 7. CHANGES: Notice to any agent or knowledge possessed by any agent or by any other persons acting on behalf of Underwriters shall not effect a waiver or a change in any part of this Policy or estop Underwriters from asserting any rights under this Policy, nor shall the terms of this Contract be waived or changed, except by endorsement issued to form a part of this Policy. 8. ASSIGNMENT: Assignment of interest under this Policy shall not bind Underwriters until their consent is endorsed hereon. In the event of the death or incompetency of the ASSURED, this Policy shall cover the Assured's legal representatives as an ASSURED as respects any liability previously incurred and covered by this Policy. 9. CANCELLATION: This Policy may be canceled by the NAMED ASSURED by a written notice stating when thereafter such cancellation shall be effective. If canceled by the NAMED ASSURED, Underwriters shall retain the short rate proportion of the premium as set out herein. This Policy may be canceled by the Underwriters by mailing to the NAMED ASSURED written notice stating when, not less than thirty (30) days thereafter, such cancellation shall be effective, but this Policy may be canceled as aforesaid by not less than ten days notice when the cancellation is being effected by reason of the ASSURED'S nonpayment of premium. The mailing of notice as aforementioned shall be sufficient notice and the effective date of cancellation stated in the notice shall become the end of the POLICY PERIOD. Delivery of such written notice by the NAMED ASSURED or Underwriters shall be equivalent to mailing. If canceled by Underwriters, earned premium shall be computed pro rata. Premium adjustment may be made at any time cancellation is effected or as soon as practicable thereafter. The check of Underwriters or any of their representatives, mailed or delivered, shall be sufficient tender of any refund due to the NAMED ASSURED. 10. SERVICE OF SUIT It is agreed that in the event of the failure of Underwriters hereon to pay any amount claimed to be due hereunder Underwriters hereon, at the request of the NAMED ASSURED, 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 against Underwriters maybe made upon the designee named in the Schedule and that in any suit instituted against them upon this Policy, Underwriters will abide by the final decision of such court or of any appellate court in the even of an appeal. The designee so named in the Schedule is hereby authorized and directed to accept service of process on behalf of Underwriters in any such suit, and/or upon the request of the NAMED ASSURED to give a written undertaking to the NAMED ASSURED that they will enter a general appearance upon Underwriters' behalf in the event such 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 successors in office, as their true and lawful attorney upon whom maybe served any lawful process in any action, suit or proceeding instituted by or on behalf of the NAMED ASSURED or any beneficiary hereunder arising out of this Policy and hereby designate the above named as the person to whom said officer is authorized to mail such process or a true copy thereof. 11. CONFORMITY TO STATUTE: Terms of this Policy which are in conflict with the statutes of the state wherein this Policy is issued are hereby amended to conform to such statutes. SHORT RATE CANCELLATION TABLE Days Insurance in Force % of One Year Premium Days Insurance in Force % of One Year Premium 1 .......................................... 5 154 - 156 ................................... 53 2 ........................................... 6 157 - 160 ................................... 54 3-4 ....................................... 7 161-164 ................................... 55 5-6 ....................................... 8 165-167 ................................... 56 7-8 ....................................... 9 168-171 ................................... 57 9-10 ....................................... 10 172 - 175 ................................... 58 11 - 12 ................................. 11 176 - 178 ..................................... 59 13 - 14 ................................... 12 179 - 182 (6 months) ............... 60 15-16 ................................... 13 183-187 ................................... 61 17-18 ................................... 14 188-191 ................................... 62 19 - 20 ................................... 15 192 - 196 ................................... 63 21 - 22 ................................... 16 197 - 200 ................................... 64 23 - 25 ................................... 17 201 - 205 ................................... 65 26 - 29 ................................... 18 206 - 209 ................................... 66 30 - 32 (1 month) ................. 19 210 - 214 (7 months) ............... 67 33-36 ................................... 20 215-218 ................................... 68 37 - 40 ................................... 21 219 - 223 ................................... 69 41 - 43 ................................... 22 224 - 228 ................................... 70 44 - 47 ................................... 23 229 - 232 ................................... 71 48 - 51 ................................... 24 233 - 237 ................................... 72 52 - 54 ................................... 25 238 - 241 ................................... 73 55 - 58 ................................... 26 242 - 246 (8 months) ............... 74 59 - 62 (2 months) ............... 27 247 - 250 ................................... 75 63 - 65 ................................... 28 251 - 255 ................................... 76 66 - 69 ................................... 29 256 - 260 ................................... 77 70 - 73 ................................... 30 261 - 264 ................................... 78 74 - 76 ................................... 31 265 - 269 ................................... 79 77 - 80 ................................... 32 270 - 273 (9 months) ............... 80 81 - 83 ................................... 33 274 - 278 ................................... 81 84 - 87 ................................... 34 279 - 282 ................................... 82 88 - 91 (3 months) ............... 35 283 - 287 ................................... 83 92 - 94 ................................... 36 288 - 291 ................................... 84 95 - 98 ................................... 37 292 - 296 ................................... 85 99 - 102 ................................... 38 297 - 301 ................................... 86 103 - 105 ................................. 39 302 - 305 (10 months) ............ 87 106 - 109 ................................. 40 306 - 310 ................................... 88 110 - 113 ................................. 41 311 - 314 ................................... 89 114-116 ................................. 42 315-319 ................................... 90 117 - 120 ................................. 43 320 - 323 ................................... 91 121 - 124 (4 months) ...... 44 324 - 328 ................................... 92 125 - 127 ................................. 45 329 - 332 ................................... 93 128 - 131 ................................. 46 333 - 337 (11 months) ............. 94 132 - 135 ................................. 47 338 - 342 ................................... 95 136 - 138 ................................. 48 343 - 346 ................................... 96 139 - 142 ................................. 49 347 - 351 ................................... 97 143 - 146 ................................. 50 352 - 355 .................................. 98 147 - 149 ................................. 51 356 - 360 .................................. 99 150 - 153 (5 months) ...... 52 361 - 365 (12 months) ............ 100 Notwithstanding anything contained herein to the contrary, the following clause shall apply: R.I.CO. EXCLUSION In consideration of the premium charged, it is hereby understood and agreed that there shall be no liability hereunder in respect of any loss payments or claims expenses directly or indirectly brought about by, arising out of, or attributable to: any actual or alleged violation of the Racketeer Influenced and Corrupt Organisations Act, 18 USC Sections 1961 et seq., or any comparable state law, and any amendments thereto, or any rules or regulations promulgated thereunder. 01/94 LSW541 Page 1 of 1 INSURED LSW 1001 RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE-LIABILITY-DIRECT (U.S.A.) For attachment (in addition to the appropriate Nuclear Incident Exclusion Clause-Liability-Direct) to liability insurances affording worldwide coverage. In relation to liability arising outside the U.S.A., its Territories or Possessions, Puerto Rico or the Canal Zone, this Policy does not cover any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. 13/2/64 NMA1477 CANCELLATION CLAUSE NOTWITHSTANDING anything contained in this Insurance to the contrary this Insurance may be cancelled by the Assured at any time by written notice or by surrendering of this Contract of Insurance. This Insurance may also be cancelled by or on behalf of the Underwriters by delivering to the Assured or by mailing to the Assured, by registered, certified or other first class mail, at the Assured's address as shown in this Insurance, written notice stating when, not less than 30 days thereafter, the cancellation shall be effective. The mailing of notice aforesaid shall be sufficient proof of notice and this Insurance shall terminate at the date and hour specified in such notice. If this Insurance shall be cancelled by the Assured the Underwriters shall retain the customary short rate proportion of the premium hereon, except that if this Insurance is on an adjustable basis the Underwriters shall receive the Earned Premium hereon or the customary short rate proportion of any Minimum Premium stipulated herein whichever is the greater. If this Insurance shall be cancelled by or on behalf of the Underwriters the Underwriters shall retain the pro rata proportion of the premium hereon, except that if this Insurance is on an adjustable basis the Underwriters shall receive the Earned Premium hereon or the pro rata proportion of any Minimum Premium stipulated herein whichever is the greater. Payment or tender of any Unearned Premium by the Underwriters shall not be a condition precedent to the effectiveness of Cancellation but such payment shall be made as soon as practicable. If the period of limitation relating to the giving of notice is prohibited or made void by any law controlling the construction thereof, such period shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. 20/4/61 NMA 1331 INSURED Page 1 of 1 NUCLEAR EXCLUSION CLAUSE-LIABILITY-DIRECT (BROAD) (U.S.A.) For attachment to insurances of the following classifications in the U.S.A., its Territories and Possessions, Puerto Rico and the Canal Zone: 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: 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. 11. Under any Medical Payments Coverage, or under any Supplementary Payments Provision relating to immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. III. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if: (a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (2) has been discharged or dispersed therefrom; (b) the nuclear material is contained ion 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 or property at such nuclear facility. IV. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or by-product material; "source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing by-product material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facility" means: (a) any nuclear reactor, (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, 3/17/60 Page 1 of 2 INSURED NMA 1256 (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 aself-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 td apply. 3/17/60 Page 2 of 2 INSURED NMA 1256 SERVICE OF SUIT CLAUSE (U.S.A.) (Approved by Lloyd's Underwriters Non-Marine Association) 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 Insured (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 Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, 150 East 42nd Street, New York , NY 10017 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 Insured (or Reinsured) to give a written undertaking to the Insured (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 therefore, 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 insured (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. 24/4/86 NMA 1998 INSURED Page 1 of 1 U.S.A. & CANADA LAND, WATER AND AIR EXCLUSION Notwithstanding any provision to the contrary within the Policy of which this Endorsement forms part (or within any other Endorsement which forms part of this Policy), this Policy does not insure land (including but not limited to land on which the insured property is located), water or air, howsoever and wherever occurring, or any interest or right therein. SEEPAGE AND/OR POLLUTION AND/OR CONTAMINATION EXCLUSION Notwithstanding any provision to the contrary within the Policy of which this Endorsement forms part (or within any other Endorsement which forms part of this Policy), this Policy does not insure: (a) any loss, damage, cost or expense, or (b) any increase in insured loss, damage, cost or expense, or (c) any loss, damage, cost, expense, fine or penalty, which is incurred, sustained or imposed by order, direction, instruction or request of, or by any agreement with, any court, government agency or any public, civil or military authority, or threat thereof, (and whether or not as a result of public or private litigation). which arises from any kind of seepage or any kind of pollution and/or contamination, or threat thereof, whether or not caused by or resulting from a peril insured, or from steps or measures taken in connection with the avoidance, prevention, abatement, mitigation, remediation, clean-up or removal of such seepage or pollution and/or contamination or threat thereof. The term "any kind of seepage or any kind of pollution and/or contamination" as used in this Endorsement includes (but is not limited to): (a) seepage of, or pollution and/or contamination by, anything, including but not limited to, any material designated as a "hazardous substance" by the United States Environmental Protection Agency or as a "hazardous material" by the United States Department of Transportation, or defined as a "toxic substance" by the Canadian Environmental Protection Act for the purposes of Part II of that Act, or any substance designated or defined as toxic, dangerous, hazardous or deleterious to persons or the environment under any other Federal, State, Provincial, Municipal or other law, ordinance or regulation; and (b) the presence, existence, or release of anything which endangers or threatens to endanger the health, safety or welfare of persons or the environment. 24/11 /88 NMA 2340 INSURED Page 1 of 3 DEBRIS REMOVAL ENDORSEMENT THIS ENDORSEMENT CONTAINS PROVISIONS WHICH MAY LIMIT OR PREVENT RECOVERY UNDER THIS POLICY FOR LOSS WHERE COSTS OR EXPENSES FOR DEBRIS REMOVAL ARE INCURRED. Nothing contained in this Endorsement shall override any Seepage and/or Pollution and/or Contamination Exclusion or any Radioactive Contamination Exclusion or any other Exclusion applicable to this Policy. Any provision within this Policy (or within any other Endorsement which forms part of this Policy) which insures debris removal is cancelled and replaced by the following: In the event of direct physical damage to or destruction of property, for which Underwriters hereon agree to pay, or which but for the application of a deductible or underlying amount they would agree to pay (hereinafter referred to as "Damage or Destruction"), this Policy also insures, within the Sum Insured, subject to the limitations and method of calculation below, and to all the other terms and conditions of the Policy, costs or expenses; (a) which are reasonably and necessarily incurred by the Assured in the removal, from the premises of the Assured at which the Damage or Destruction occurred, of debris which results from the Damage or Destruction; and (b) of which the Assured becomes aware and advises the amount thereof to Underwriters hereon within one year of the commencement of such Damage or Destruction. 2. In calculation the amount, if any, payable under this Policy for loss where costs or expenses for removal of debris are incurred by the Assured (subject to the limitations in paragraph 1 above): (a) the maximum amount of such costs or expenses that can be included in the method of calculation set out in (b) below shall be the greater of US$25,000 (twenty-five thousand dollars) or 10% (ten percent) of the amount of the Damage or Destruction from which such costs or expenses result; and 24/11 /88 NMA 2340 INSURED Page 2 of 3 (b) the amount of such costs or expenses as limited in (a) above shall be added to: (i) the amount of the Damage or Destruction; and (ii) all other amounts of loss, which arise as a result of the same occurrence, and for which Underwriters hereon also agree to pay, or which but for the application of a deductible or underlying amount they would agree to pay; and the resulting sum shall be the amount to which any deductible or underlying amount to which this Policy is subject and the limit (or applicable sub-limit) of this Policy, shall be applied. 24/11 /88 NMA 2340 INSURED Page 3 of 3 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. If the Underwriters allege that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Assured. In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect. 08/10/01 NMA2918 IMPORTANT NOTICE To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener information o para someter una queja: Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente primero. Si no se resuelve la disputa, Puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de information y no se convierte en parte o condition det documento adjunto. Page 1 of 1 CN-1 (07/07) Guaranty Fund Nonparticipation Notice This insurance contract is with an insurer not licensed to transact insurance in this state and is issued and delivered as surplus line coverage under the Texas insurance statutes. The Texas Department of Insurance does not audit the finances or review the solvency of the surplus lines insurer providing this coverage, and the insurer is not a member of the property and casualty insurance guaranty association created under Chapter 462, Insurance Code. Chapter 225, Insurance Code, requires payment of a 4.85 percent tax on gross premium. Page 1 of 1 INSURED GFN 4-09 ASBESTOS EXCLUSION: This Policy shall not apply to CLAIMS or CLAIMS EXPENSES arising directly or indirectly out of or resulting from or in consequence of, or in any way involving Asbestos, or any materials containing asbestos in whatever form or quantity. TOXIC MOLD EXCLUSION: In consideration for the premium charged, it is hereby understood and agreed that the coverage afforded by this Policy shall not apply to: A. CLAIMS or CLAIMS EXPENSES which, either in whole or in part, directly or indirectly, are for, based upon, relate to, or arise out of: (1) The actual, potential, alleged or threatened formation, growth, presence, release or dispersal of any fungi, molds, spores or mycotoxins of any kind; or (2) Any action taken by any party in response to the actual, potential, alleged or threatened formation, growth, presence, release or dispersal of fungi, molds, spores or mycotoxins of any kind, such action to include investigating, testing for, detection of, monitoring of, treating, remediating or removing such fungi, molds, spores or mycotoxins; B. Any governmental or regulatory order, requirement, directive, mandate or decree that any party take action in response to the actual, potential, alleged or threatened formation, growth, presence, release or dispersal of fungi, molds, spores or mycotoxins of any kind, such action to include investigating, testing for, detection of, monitoring of, treating, remediating or removing such fungi, molds, spores or mycotoxins; C. Underwriters will have no duty or obligation to defend any Insured with respect to any CLAIM or governmental or regulatory order, requirement, directive, mandate or decree which, either in whole or in part, directly or indirectly, is for, based upon, relates to, or arises out of the actual, potential, alleged or threatened formation, growth, presence, release or dispersal of any fungi, molds, spores or mycotoxins of any kind. P U R C H A S E O R_ D E h Kerr County FURC~IASE ORDER # 09-06172 11/05l?_009 SHIP TO: ISSUED TO: KERR COUNTY VEND #: OI-2986 REQ #09-0617? ?00 MAIN FIRST INSURANCE AGENCY KER,RVILLE TX 78028 P. O. BOX. 191599 (83U) 792-2235 KERRVILLE, TX ~l8C29-1543 I fig~3Y APFFY'3JE ~IHE I.~T.Y~E; OF `THIS I HEFiFBY CQ~IZFY TIC' TrIE 1~'LLJNI' OF THIS ~r ~t'~HASE; C;F2I~7~. IIAS H~Il~ ENIERID FL~II~F>I' THE i'-ESIQ~ID APPId~'RIF~TICN PO~~TIS PI~ID Tf~' iHIS II~~ IS [~~i THE C7-~ry~ `I~~~cgi PUIf~IZED AUF~I.AC~LE, H~Lr'YS~, OF S`1ID AE?FTdX~.TFul ~~. CY(PF- iHS 5Hi DyY ~ I~PJJENffiZ 2009 C1~sy1 Trrsrpsca~i (A~ ~2I:F'I'IQQ G/I, ~~]T TRICE PMXJNI' O.0L #40427 E&O Ins 1/1/10-11 10 -403-206 ~ & II~JRhISE 0.00 2, 002. "74 *** ~g~L, *** 2,002,79 ~'1r _i1~ ~~ TI-IIS A~`~ IS APE~~IED FEZ PAYP~EIVI' iN Try ~SJNP II~I~ A~JE. ~: ~ ~~o First Ins. Agency 123 B Commerce Street POB 291549 Kerrville TX 78029-1549 (830) 896-2400 Kerr County Attn: Auditor 700 Main St. Room 103 Kerrville TX 78028-0000 INVOICE Invoice Number: 40427 Date: 11!02/2009 AMOUNT REMITTED: Please detatch and return with remittance Description ~I Price !, Amount #40427 ~ 2,002 74 2 002.74 COUNTY CLERK E&O EFFECTIVE: 1/1/2010-2011 i ', Notes '. PLEASE REMIT UPON RECEIPT ''~, THANK YOU ----__ ASINVIA Please Pay This Amount L,UUL./4 .._ _.. _ _ __ Q112003 1-34 .~~~'` Insurance Agency OF THE HILL COUNTRY, INC. 123 B Commerce Street P. O. Box 291549 Kerrville, Texas 78029 - 1549 Phone: (830) 896 - 2400 Fax: (830) 257 - 2057 Online: www.firstinsagency.com Comfort Phone: (830) 995 - 2700 November 02, 2009 Kerr County Attn: Auditor 700 Main St. Room 103 Kerrville, TX 78028 Re: County Clerk Errors & Omissions Insurance Dear Mindy Lou Williams, The County Clerk Errors & Omissions policy expires on 1/1/2010, The renewal premium will be $2,002.74. I have enclosed an invoice. Please remit premium to renew policy PRIOR to effective date of 1/1/2010. If you have any questions, please give me a call! Sincerely, ~~~ ~ ~~~ Debbie L. Corbin First Insurance Agency Of The Hill Country, Inc. _-. x.;49 1::17 &M R E Q U I S i T I 0 N R E G i 5 T E R .'~h'E 1 !. ~. x'13765-11•~`_~09-3 CTYCLK cat hn0.#: 09-06172 VENDOR: 01-2536 PI P.ST INSURANCE AGENCY S TATO: NEW APPR^VED BY: Cheryl ihnmpson !)E PI'r 903 Oi?UERED BY: Cheryl Thompson SHIP-T0: 000 KERR COUNTY i~T'IN: i030i ,92-2235 -- _ .. ACCOONT NAME DESCRIPTION . .. ,,~_ -_ BONDS s INSURANCE N90927 E6G Ins 1/1/10-i1 d4U42? Ea0 Ins i/1/10-1i ISSUb'D: 11~OS/?009 EST DEL: 11/05/2009 __________= ORDERED =_ UNITS PRICE TOTAL ORDERED PAGE: 09-06P2 KELEAS E: FLF.~:;: RE::EIVK F?,AG: ,~ AMOUNT 2, 002.?9 ?,002."14 l. i~ ~`~+"'~ R E Q U I S I T I O N R E G 1~ T E k ..-~::"c.'7 N0: 1!3'65-ll15u9-; C'CYCLR cat -~. TO'PALS BY MGNTA fVND MONTH ITEMS P.MOVNT 10 11 !2005 Z ~9 TOTALS ** ] i~?2. 79 . ..;. TC?AL: BY DEPARTMEN?' DEPARTMENT PO'S AMOCJNT 903 1 2, 002.7q 'IOTAL9 " 1 ?,002,74 .-, ,C ;'HL:~ P.Y STATUS PO'S AMOUNT NF.W I _,~;~"~2.7q OUTSTANDING 0 v.Gu "' TOTALS •* 1 2,002.74 PAGE: 2 ___. .. ~!S rF. [NEED FO'S PG'S AMOiJNT s liS PF,N U~~L p0 .~-__-1009 ;i:i2 Ai9 R. E Q U I S I T I G N R E G I S T E R ~R::KET P:,i: ~1Vi6~-il!:509-.3 CTYCLK cat P.O. TCTALS BY G1L ACCOUNT FAGF: -° -._=== LINE ITEM= .-:. - -==GR SOP BUCK ~ ANNUAL BUDGET OV&P. ANNUAL. BGUGE. ,,9$p, -_- ACCOUNT NAME PO'S AMOUNT BUDGET AVAILABLE BUUG BUGGF,T AVAIL.§BI, ~. BU DC; '~ - °,+-: 06 BONUS 5 INSUW.NCE 1 2,00[.74 3,106 1,103.26 " 09-IO YEAR TOTALS '* 2,002.74 -..k EU~1~"-N .. REQUISITION N P. %„ N MESSAGE OTHER INFC NO WARNING(SI N^. ERROR (5! Insurance Agency OF THE HILL COUNTRY, INC. 123 B Commerce Street P. O. Box 291549 Kerrville, Texas 78029 - 1549 Phone: (830) 896 - 2400 Fax: (830) 257 - 2057 Online: www.firstinsagency.com Comfort Phone: (830) 995 - 2700 October 23, 2009 Kerr County Attn: Auditor 700 Main St. Room 103 Kerrville, TX 78028 Re: PROFESSIONAL LIABILITY RENEWAL INSURED: JANETTE PIEPER Dear Mindy Lou Williams, The professional liability policy for Janette Pieper renews on 01/01/2010. Please complete the enclosed application, sign and date and return to me by 11/10/09. As soon as the quote is received, I will send it to you. Please contact me should you have any questions. Sincerely, Debbie L. Corbin First Insurance Agency Of The Hill Country, Inc. ,~°t ;~ ~~ ~ 1 COUNTY CLERK $ RECORDER INDEMNITY INSURANCE PROPOSAL FORM (THIS APPLICATION IS FOR A CLAIMS MADE POLICY) THROUGH: QUIRK ~ COMPANY -SAN ANTONIO, TEXAS LPL.CC 12/73/60 1. Name of Proposer: (~) Clerk 'I. Jannett Pieper, County Clerk, Kerr Cou (b) Recorder Texas (c) County 2. Date of Elsction/Appointment to present County: {a) Clerk 2. Elected 11-3-1998 (b} Recorder 3. Policy tern! desired: ~ 3. 1 year 1/1/201.0 Commencing at 4. Does the Proposer wish coverage on 4. a retroactive basis? t.e. for any un- known, undiscovered errors or Yes omissions made during the named Proposer's previous brm in office in the County as state above. Date from which retroactive 1/1/1982 coverage is required? 6. Does your County employ a County 5. Clerk only Clerk only or in addition a County Recorder? 6. Number of staff{including the 6. 14 Full Time Proposer) in the County Clerk's Office? Number of staff (including the Proposer} in the Recorder's Office? nty, 7. (a) Previous Carrier: (b) Policy Dates: (c) Retro Date (d) Has any application for this type of Insurance ever been decUned or has any similar Insurance canceled? 7. Lloyd's of London of/0l/201o to 0l/01/2011 01/01/1982 No 8. Have any claims been made against 8. No the Proposer or to hb knowledge against his predecessors in office? If so, please give details. 9. Is the Proposer awaro of any 9. ,~' 0 circumstances which might result in any claim being made against him? If so, please give details. 10. Amount of Indemnity required? 10. $ 300 , o00 Amount of Deductible? s loo IIWe hereby declare that the above statements and particulars are true and INVe have not suppressed or mis-etat~d any mabrial facts and UWe agree that this declaration shall be the basis of the contract betvwen me/us and the Undorwrkors. Date: /©- a~ - c~ 9 Signature of proposer:'`~~ >