HomeMy WebLinkAbout1980-89UTICA MUTUAL INSURANCE COMPANY
NEW HARTFORD, NEW YORK ' '
HEREINAFTER CALLED THE UNDERWRITER
BON~ NO...S.~...2 9.:~.181.~ ............... :.
INDIVIDUAL OR SCHEDULE NAME FIDELITY BOND
SECTION A m DEFINITIVE TERMS
1. The Name of the Insured is .................. E~LS.~....L'V~tO.n...~-II?.e-...D.t$.~Gt ............................................................
2. The Address of Insured is .......... ~ain~R~a~...-~.~....~`....B~x....l.~.1.~E~e~z'.ien~..~/ew.~.¥~z~..~.~:~9 3 9
3. The Employees covered are: (a) such Employees as are now designated in the Schedule which forms a part of this Bond and
(b) such Employees as shall hereafter be added to such Schedule in accordance with Paragraph 4 hereof.
4. If the Insured shall desire to add the names of other Employees to the Schedule, or to remove therefrom the names of any
Employees, or to increase or decrease the amount of coverage hereunder with respect to any Employees, the Insured shall
so notify the Underwriter; and the Underwriter, upon its approval, shall incorporate such change in the Schedule by the is-
suance of a written notice, setting forth such change and the time from which effective. The Schedule shall be deemed to be
amended in accordance with the Underwriter's written notice without impairing the continuity of this Bond.
January 1st, 1980
5. This Bond shall become effective as of .....................................................................................................................................
as to any EmPloyee named in the Schedule, in the amount of coverage specified, and shall become effecfive as to any Em-
ployee added to the Schedule by the Underwriter's written notice as of the date specified in such notice, at noon, standard
time at the Address of Insured, as to each of said dates.
6. The term of coverage as to any Scheduled Employee shall end with the termination of the Bond as to such Employee. The
niethods of termination are set forth in Section E.
7. Regardless of the number of premiums paid or the aggregate amount thereof or the ultimate length of that period of time
which shall elapse between the effective date and the termination date of this Bond or the consummation of any change
specified in Paragraph 4 hereof, this Bond contemplates a single continuous contract for the entire period it shall be in force
and the liability of the Underwriter shall not be cumulative. Coverage as to each Scheduled Employee shall likewise be
deemed continuous and not cumulative from the inception to the termination of coverage on such Employee. If the amount
of coverage on any Employee for separate periods be for different amounts, the Underwrlter's maximum liability for all
dishonesty of such Employee shall not exceed the largest amount of coverage in force on such Employee in any period in
which loss shall have occurred and the coverage for one period shall not be available for losses occurring in any other
period.
8. This Bond is subject to the riders attached hereto as a part hereof, as follows: .................. ~..R......~...0...~..~ ....................................
SECTION B--INSURING CLAUSE
To the extent and upon the terms and conditions specified by this Bond, the Underwriter agrees to pay to the Insured the
amount of direct loss of money or other personal property (including that for which the Insured is responsible) which any Em-
ployee may, while in any position and at any location in the service of the Insured and either alone or in collusion with others,
cause the Insured through any act of dishonesty committed while such Employee is covered under this Bond and discovered by
the Insured before the expiration of thirty-six (36) months from termination of coverage as to such Employee.
SECTION C -- INDEMNITY AGAINST LOSS UNDER PRIOR BOND OR POLICY
If the coverage of this Bond is substituted for any prior bond or policy of insurance carried by the Insured or by any predecessor
in interest of the Insured which prior bond or policy is terminated, canceled or allowed to expire as of the time of such substi-
tution, the Underwriter agrees to indemnify the Insured against loss of money or other property as aforesaid, sustained by the
Insured and discovered as provided in Section B and which would have been recoverable by the Insured or such predecessor
under such prior bond or policy except for the fact that the time within which to discover loss thereunder had expired; PRO-
VIDED: (1) the indemnity afforded by this paragraph shall be a part of and not in addition to the amount of coverage afforded
by this Bond~ and (2) such loss would have been covered under this Bond, had this Bond with its agreements, limitations and
conditions as of the time of such substitution been in force when the acts or defaults causing such loss were committed; and
(3) recovery under this Bond on account of such loss shall in no event exceed the amount which would have been recoverable
under this Bond in the amount for which it is written as of the time of such substitution, had this Bond been in force when such
acts or defaults were committed, or the amount which would have been recoverable under such prior bond or policy had such
prior bond or policy continued in force until the discovery of such loss, if the latter amount be smaller.
I SECTION D--LOSS PROCEDURE
1.
(a) Upon knowledge or discovery of loss or of an occurrence which may give rise to a claim for loss the Insured shall give
notice thereof to the Underwriter as soon as practicable and file detailed proof of loss, duly sworn to, with the Underwriter
within four months after the discovery of loss. (b) Upon the Underwriter's request, the Insured shatl produce for the Under-
writer's examination all pertinent records, at such reasonable times and places as the Underwriter shall designate, and
shall cooperate with the Underwriter in all matters pertaining to loss or claims with respect thereto. (c) No action shall lie
against the Underwriter unless, as a condition precedent thereto, there shall have been full compliance with all the terms
of this Bond, nor until ninety days after the required proofs of loss have been filed with the Underwriter, nor at all unless
commenced within one year from the date when the Insured discovers the loss. If any limitation of time for notice of loss or
any legal proceeding herein contained is shorter than that permitted to be fixed by agreement under any statute control-
llng the construction of this Bond, the shortest permissible statutory limitation of time shall govern and shall supersede the
time limitation herein stated.
In case of recovery of any loss, or any portion thereof, from any source (other than suretyship and other than reinsurance,
collateral or indemnity taken by the Underwriter for its own benefit) whether by the Insured or the Underwriter, the Insured
shall be entitled thereto until fully reimbursed; the excess, if any, to be paid to the Underwriter, except that the Underwriter
shall be reimbursed from such recovery for actual expenses incurred in obtaining said recovery.
SECTION E ~ TERMINATION
1. As to any Employee designated in Schedule, this Bond shall be terminated only by any one of the following methods and by
whichever shall first happen.
(a) Immediately upon discovery by the Insured, or by any partner or officer thereof not in collusion with such Employee, of
any fraudulent or dishonest act on the part of such Employee whether or not such act be committed while in the service
of the Insured or otherwise.
(b) Immediately upon the Employee leaving the service of the Insured for any reason or immediately upon the Employee
entering into partnership relations with the Insured.
(c) By the Insured, by mailing to the Underwriter written notice stating when thereafter such termination shall be effective.
By the Underwriter, by mailing to the Insured at the address shown in this Bond written notice stating when, not less than
fifteen (15) days thereafter such termination shall be effective. The mailing by the Underwriter of notice as aforesaid shall
be sufficient proof of notice.
2. As to the Bond in its entirety, by the method set forth above in Paragraph (c) in this Section.
3. In case of termination of the Bond by the Insured, earned premium shall be computed in accordance with the customary short
rote table and procedure. If the Underwriter terminates the Bond, earned premium shall be computed pro rata. Premium
adjustment may be made at the time termination is effected or as soon as practlcable thereafter but payment or tender of
unearned premium is not a condition of termination.
SCHEDULE
AMOUNT OF
~TEM NAME O~: EMPLOYEE POSITION LOCATION
NO. COVEP. AGE
1 Joseph Cherepowich, Treasurer E.Marlon,NY $50,000
0oD
The Insured by the acceptance of this Bond, gives notice to the Underwriter terminating or canceling prior bond(s) No.(s)
..................................................... , such termination or cancelation to be effective as of the time this Bond becomes effective.
Signed, sealed and dated this...~.~:.~.~..day of .............. ~9.yem~.~ ...............................
UTICA MUTUAL INSURANCE COMPANY
Countersigned at ............................................................................
this ................ day of ............................................... 19 ..... By..../..~,~.~....~/_ ~ ................................
Michael J~uss ....... AITORNEY. IN.FACT
I RESIDENT AGENT
L 8-B-15 Ed. 9-68
EFFECTIVE TIME RIDER
ENDORSEMENT 203
(Edition of January, 1977)
The time of inception and the time of expiration, termination or cancelation of this policy or bond and
of any schedule, endorsement or rider attached or to be attached shall be 12:01 a.m. standard time.
To the extent that coverage in this policy or bond replaces coverage in other policies or bonds terminat-
ing at noon standard time on the inception date of this policy or bond, coverage under this policy or bond
shall not become effective until such other coverage has terminated.
FOR USE WITH ANY BOND AND THE COMPREHENSIVE 3-D AND BLANKET
CRIME POLICIES TO CHANGE THE TIME OF INCEPTION OR TERMINATION
FROM NOON TO 12:0! A.M.
ADOPTED JANUARY, 1977.
SR 60E9 (2) Printed in U,$.A.
UTICA MUTUAL INSURANCE COMPANY
BYMicH~' J~'Huss mey- .
~;8~)I~DN~i :" ' ..... '' ' :POS TION SCHEDULE FIDELITY BOND
." :, ~; 'T~ INk'RAN'CE C0M PANY OF ~0~TH AMERICA, ~11~ t~ Company, in consideration o( an agr~d premium.· bindsit~lf
.~ ...... -.'L.,...,,-~ ~0 .... . . · ........ ~ ................. .
~h ~ aS the ASsu~ may sustain of mo~y or other pro~rty (including that lo, which the Assured is responsible), through any
".'disho~t or fraudu~nt act or acts, co~mhted dir~tly or through connivance with others by any ~r~n in t~ employ of
.' ~:A~ured ~ · ~cup~g and ~dorming the duties of any of[he ~sitions nam~ in the attached ~h~dule'hereafter called
emp~y~ during t~ ~riod ~ginn ng .~e .la.. ~ ~.8~ ~ ........ '.: .................. ~--- ~-. - ~, ........... '- '
end e~ing on t~ te~ination of this insuran~.
· The A~ur~ bj t~ ac~e O~ this bond giv~ notice to the Company terminating or cancelling prior bond(si or ~olicy{iesl
numar(s) ~0 ~10~ ~ ~S' · ' . suchterminationorcan~lletion
to ~ eff~ti~ es of the time th'is bond ~comes effective.
' This ~nd ~ subj~t to the ~nditions, limitations and other p'rovisio~s on the rever~ side hereof.
'IN WlTHNESS WHEREOF, the INSURANCE COMPANY OF NORTH AMERICA has cau~d this Bond to ~ sig~d by its president
and ~re~w at Philadelphia, Pennsylvania, and countersigned by a duly authorized agent of the Unde~riter.
-
SCHEDULE
NUMBER AMOUNT
~EMNO. POSITION AND LOCATION EMP, OF EACH ON TOTAL AMOUNT PREMi~
/
~. ~eAsu~e~ ~ ~100~000 ~100,000 $103.00
SF-4501m Ptd iff U S.A al81
ORIGINAL
~.n sho;,,,'~t or 'fraudu erit MSs as~ll~l n this B0nd shall mean only d~§ho'l~est or fra~nt ~ts committed bY such · .mp!0yee ruth ~he
to cause the Ass[ired to'sustain suc,h loss', and
'to obtain flnenc,~ t>enefit for the Emp oyeS. ot for any other persen or orgamzat on tntended by the Emp oyes to ~ceive such
.benefit, other' than salaries,, commissions, fees, bonuses, promotions, ewarda, ~profit ~$hering, pensions or other employee
· ." .: - benefitsearnedinthe'normalcourseofemployment.,. ~
- This bond is subject to t~'followJng conditions and limitations:
1. Loss shell he covered only if discovered while this insurance
is in tome or within three yee~s after its termir~ation as an entirety.
The Assured shall notify .the Company, in writing, of any loss
within fifteen 115! days after discovery thereof, end such notice
shell set forth ~he name, position end last known address of the
employee; and the Assured shall'file with the Company a-Sworn
proof of loss within ninety (90) days after the data of discovery of
the loss. No suit. action or proceeding shall be brought in respect
of such cieim after the expiration of twelve 112) months after the
- filing of the proof. Should any of the foregoing limitations be void
under any applicable law any period of limitation so voided shall -
be extended to the period stipulated in such law.
2. Each employee shall be covered hereunder for the amount
in the said schedule set opposite the listing of the position oc*
cupied by such employee. The insurance upon any such position
shall be continuous from its incel~tion, and, in respect of losses
caused by the same employee, shall nos be cumulative on ac-
count of any payment of premiums from year so year or from
period to period for the contin,ation of the insurance hereunder.
and should the insurance upon any position o.r positions be in-
creased or decreased the continuity shell not be impaired
thereby· Should the insurance on any position be for the same or
different amounts during two or more periods, loss shall be
payable according to its order of occurrence in point of time so
that Ioss~due to · particular'employee, payable on a position
under insurance in force during a prior period shall reduce the
limit of the Company's liability on the same position for loss caus-
ed by that employee during · subsecluent period or periods.
Should an employee occupy at the same time, or at different
times, more than one position the Company shall not be liable for
s greater amount in the aggregate for loss caused by the act or
acts of such employee than the largest amount set opposite any
one such position.
3. This Insurance shell terminata:
(a) As tO any employee, upon the retirement of the employ.es
trom the service of the Assured.
(b) As to any employee, upon discovery by the Assured of
any dishonest or fraudu/ent act on the part of that
employee.
(c) As to any or all of the employees, by the Company giving _
thirty (301'days' notice in writ[n~ to the Assured, in ~vhich
event the Company shall refund the unearned premiums
pro rata.
(dl As to any employee, by the Assured gi~/ing noti(~e to the
Company, in which event the Company shall refund the
unearned premium pro rata or as to all of the employees,
by the Assured giving notice to the Company, in which
event the Company shell refund the unearned premium at
short rates.
4. Should s loss be sustained by ~be Assured in excess of the
amount of this insurance and Shy other enforceable insurance in
force on the employee. -the Assured shall be ant!tied to all
recoveries, less'the actual cost of obtaining or making the same,
until fully reimbursed for such excess loss. The Assured shall exe-
cute all necessary papers to secure to the Company its rights of
subrogation in connection with any loss.:' ~
5. If there are mo[~ employees occupying any of the positions
named n the said schedule than the number of employees set oP-
posite the name of any such position in said schedule, the liability
of the Company on account of any employee occupying any such
position shall not exceed such ~roportion of the amount set op*
posits such position in said schedule e5 the number of employees
set opposite the name of any such position in said schedule bears
to the actual number of employees occupying said position.
6. If more than one corporation, co-partnership or person be
included as the Assured herein, the total liability of the Company
hereunder for toss or losses sustained by any one or more or all of
them shall not exceed the amount for which the Company would
be liable hereunder if ell such loss were sustained by any one of
them, ant the one first named herein shall be deemed authorized
to make. adiust, receive and enforce payment of all claims,
hereunder and shall be deemea to be the agent of the others for
such purposes and for ell other purposes whatsoever in connec-
tion with this bond, includinl~ the giving or receiwng of. any notice
required or permitted to be given by the terms hereof, and said
Company shall not be responsible for the proper application of
~any payment made hereunder to said first named Assured· The
Company may, at the request of or with the consent of the first
named Assured, add others as Assured. or terminate this bond as
to any or ell of the Assured. If, prior to the termination of this
bond in its entirety, this bond shall be terminated, as to any
Assured, there shall be no liability hereunder for any loss sustain-
ed by such Assured, unless discovered before the expiration of
.three years from the time such termination as to such Assured
becomes effective. If the first named Assured ceases for any
reason to be covered under this bond the the Assured next
named shall thereafter be considered as the first named Assured
for all the purposes of this paragraph, unless by specific agree-
ment w~th the Company another Ass~Jred ~s so designated.
FAIT~mdL PERFO.'~Le.~'CE RID~
(~S~E~
Named ~nsured: East Marion FireDistrict
Bond Number: S JO 11 64 80 6 Effective Date: June 1, 1985
· It is agreed that:
~n consideration of the premium charged for the attached bond or policy,
it is hereby agreed that~
1. The coverage of the bond is extended to include such loss of money or
other property as the Assured may sustain through failure of the Treasurer
covered hereunder to faith~tl~y perform his duties.
2. The attached bond shall he subject to all its agreements, 3~m~tations and
conditions except as herein expressly modified.
3. This rider shall become effective as of the 1st .day of June
19 85.
~uthorized ~ent
Endt. #2