On the agenda: Greenfield meeting — data center (Sep 29)

Hancock County Commissioners & Council Meeting
Commissioners’ Court, Hancock County Annex
111 American Legion Place
Greenfield, Indiana
HANCOCK COUNTY
BOARD OF
COMMISSIONERS

September 29th, 2026
Meeting begins at 5:00 PM

4-YEAR TERMS:

DISTRICT 3:
Bill Spalding
1/1/2025-12/31/2028
DISTRICT 2:
Gary McDaniel
1/1/2023-12/31/2026
DISTRICT 1:
Jeannine Gray
1/1/2025-12/31/2028
HANCOCK COUNTY
COUNCIL

4-YEAR TERMS:

DISTRICT 1:
Clark Smith
1/1/2025-12/31/2026
DISTRICT 2:
Mary Noe
1/1/2023-12/31/2026
DISTRICT 3:
Jim Shelby
1/1/2023-12/31/2026
DISTRICT 4:
Scott Wooldridge
1/1/2023-12/31/2026
AT LARGE:
Kent Fisk
1/1/2025-12/31/2028
AT LARGE:
Robin Lowder
1/1/2025-12/31/2028
AT LARGE:
Keely Butrum
1/1/2025-12/31/2028

Audio Video Message
Pledge of Allegiance
Approve minutes for 9/15/2026
Highway Update
Gary Pool
Facility Update
Cory Taylor
HRH Quarterly Reporting
Amanda Everidge
Public Hearing-LIT Ordinance
Public Hearing- Additional Appropriation
Fund 1207 Unsafe Building - $1,000
Fund 1235 LIT PSAP - $178,800
Fund 1001 County General/Public Defender - $200,000
Fund 4913 Jury Fund - $36,000
Fund 1242 Lane Mile Direct Distribution - $371,000
Fund 1112 LIT Economic Development - $227,068
Ambrose Mt. Comfort X- Updated Abatement Request (Info only-no vote)
Alexis Sowder
AAIM Membership
Andrea McLaughlin
Environmental and Pollution Policy
Brian Brees
Public Comment: Open after all formal business has concluded
Commissioners’ Action Items:
1.) Approve Claims and Payroll
2.) Auditor Business
3.) 2027 Holiday Calendar
4.) Ratify- Assessor’s Office using BOC vehicle
5.) Surplus- Coroner’s refrigerated trailer
Council’s Action Items:
1.) 2027 Holiday Calendar
2.) Budget Transfer- Public Defender

View meeting videos at https://www.youtube.com/@hancockcounty2476
View meeting minutes at https://www.hancockin.gov/AgendaCenter
Accommodation requests related to a disability should be made 10 days prior to meeting.
Contact Hancock County Auditor Mary Bowmer- [email protected]

Hancock County Board of Commissioners
Regularly Scheduled Meeting
September 15th, 2026
Commissioner President McDaniel called the September 15, 2026, Hancock County Board of
Commissioners meeting to order at 8:00 AM. Those present were Board of Commissioners, Gary
McDaniel, Jeannine Gray, Bill Spalding; Auditor Mary Bowmer; Executive Liaison Sara
Hilderbrand; and County Attorney Scott Benkie.
Audio and video recording statement was provided.
President McDaniel opened the meeting with the Pledge of Allegiance.
Commissioner Gray motioned to approve meeting minutes for 9/1/2026 as presented.
Commissioner Spalding seconded. Motion carried 3-0.
Courts
Commissioner Gray motioned to approve the new Court Manager Position. Commissioner
Spalding seconded. Motion carried 3-0.
Scott Benkie arrived at 8:05 AM.
Highway
Commissioner Gray motioned to approve the INDOT Report of Contract Final Inspection and
Recommendation for Acceptance on contract B-43627 (Bridge 85, 400S over Sugar Creek).
Commissioner Spalding seconded. Motion carried 3-0.
Commissioner Gray motioned to approve the INDOT Report of Contract Final Inspection and
Recommendation for Acceptance on contract B-42760 (Bridge 36, 700E over Brandywine
Creek). Commissioner Spalding seconded. Motion carried 3-0.
Commissioner Gray motioned to approve the grant application letter for CCMG Micro SurfaceVarious Roadways. Commissioner Spalding seconded. Motion carried 3-0.
Commissioner Gray motioned to approve the grant application letter for HMA Overlay-Various
Roads. Commissioner Spalding seconded. Motion carried 3-0.
Commissioner Gray motioned to approve the grant application for CAT1 Bridge 78 Replacement
(200S over Sugar Creek). Commissioner Spalding seconded. Motion carried 3-0.
Resolution 2026-9-4
Commissioner Gray motioned to adopt Resolution 2026-9-4 a resolution adopting updated Title
IV Implementation Plan for Hancock County, Indiana. Commissioner Spalding seconded.
Motion carried 3-0.
Resolution 2026-9-5

Commissioner Gray motioned to adopt Resolution 2026-9-6 a resolution by Hancock County,
Indiana appointing the Americans with Disability Act (ADA) & Title VI Coordinator and
adopting procedures. Commissioner Spalding seconded. Motion carried 3-0.
ADA Implementation (2027)
Commissioner Gray motioned to adopt the Title IV Implementation Plan for 2027. Commissioner
Spalding seconded. Motion carried 3-0.
Commissioner Spalding motioned for Gary Pool to request Food & Beverage funds from Council
for ADA compliant doors in the restroom at the Highway Building. Commissioner Gray
seconded. Motion carried 3-0.
Highway Continued
Commissioner Gray motioned to release the performance bond from JDH Contracting, Inc. in the
amount NTE $25,000 on the new Verizon Cell Tower-directional boring at 6128 W. 200S to
2056 S. 600W. Commissioner Spalding seconded. Motion carried 3-0.
Community Corrections
Commissioner Gray motioned to approve the Telework Policy for Community Corrections.
Commissioner Spalding seconded. Motion carried 3-0.
Kendra Minor Subdivision
Commissioner Gray motioned to accept the 50 ft of half right-of-way for the Kendra Minor
Subdivision. Commissioner Spalding seconded. Motion carried 3-0.
Phares Minor Subdivision
Commissioner Gray motioned to accept the 70 ft half right-of-way on Fortville Pike and 40 ft half
right-of-way on 375 north. Commissioner Spalding seconded. Motion carried 3-0.
Bussey Minor Subdivision
Commissioner Gray motioned to accept the 35 ft half right-of-way for the Bussey Minor
Subdivision. Commissioner Spalding seconded. Motion carried 3-0.
Kirby Minor Subdivision
Commissioner Gray motioned to accept the 40 ft half right-of-way for the Kirby Minor
Subdivision. Commissioner Spalding seconded. Motion carried 3-0.
Planning/Planning Commission
Commissioner Gray motioned to approve Amendment No. 1 to the Agreement for Professional
Services with HWC Engineering establishing a new NTE total of $102,900. Commissioner
Spalding seconded. Motion carried 3-0.
Commissioners’ Business
Commissioner Gray motioned to approve claims and payroll as presented. Commissioner
Spalding seconded. Motion carried 3-0.
Auditor’s Business
Commissioner Gray motioned to approve Integra Realty Resources invoice in the amount NTE
$2,500 to be paid from 2021 GO Bond. Commissioner Spalding seconded. Motion carried 3-0.

Commissioner Gray motioned to approve the Telework Policy for the Auditor’s Office.
Commissioner Spalding seconded. Motion carried 3-0.
Commissioners’ Business Cont.
Commissioner Gray motioned to sign a second copy of the Highway’s bond release.
Commissioner Spalding seconded. Motion carried 3-0.
Probation
Commissioner Gray motioned to accept the amended Reserved Bed Courtesy Hold Contract
Agreement with the Madison County Youth Center amending the bed hold from four beds to five
beds in the amount NTE $250,000. Commissioner Spalding seconded. Motion carried 3-0.
Surveyor
Commissioner Gray motioned to accept the performance bond from John Redding Construction
in the amount NTE $25,000 for the Tyler Basch Homesite Drainage- repair and replace tile.
Commissioner Spalding seconded. Motion carried 3-0.
Commissioner Gray motioned to accept the performance bond from MI Homes in the amount
NTE $8,750 for Rockport, Sec 2- monumentation. Commissioner Spalding seconded. Motion
carried 3-0.
Commissioner Gray motioned to accept the performance bond from Clayton Properties Group,
Inc. d/b/a Arbor Homes in the amount NTE $1,325 on Haven Ponds, Sec. 3- monumentation.
Commissioner Spalding seconded. Motion carried 3-0.
Commissioner Gray motioned to accept the performance bond from Lennar Homes of Indiana,
LLC in the amount NTE $21,375 on Beyers Estates, Sec. 1- monumentation. Commissioner
Spalding seconded. Motion carried 3-0.
Commissioner Gray motioned to accept the maintenance bond from Fields at Sugar Creek
Partners, LLC in the amount NTE $3,500 on Fields at Sugar Creek, Sec. 1- survey monuments.
Commissioner Spalding seconded. Motion carried 3-0.
Resolution 2026-9-6
Commissioner Gray motioned to adopt Resolution 2026-9-6 a resolution of the Hancock County
Board of Commissioners regarding approval of the expansion of Mt. Comfort Corridor Economic
Development Area and Allocation Area No. 1. Commissioner Spalding seconded. Motion
carried 3-0.
Bid Opening-Commercial Cleaning Services
The following bids were opened:
• All Window Cleaning Services (windows only) -$8,720
• Cleaning In A Bag, LLC- $130,000/year 10,833.33/month
• Gilliam Janitorial Services, Inc. - $13,037.77/month
• City Wide Facility Solutions- $16,990.88/month 5x per wk., $14,727.79/month 3x per wk.
• GSF- $27,949.76/month

Commissioner Spalding motioned to accept the bids for review. Commissioner Gray seconded.
Motion carried 3-0.
Public Comment (see video for full comments)
Kiersten Carnahan, a resident of the Woodhaven neighborhood, expressed her opposition to the
proposed EQT data center.
Kurt Swadener, a resident of the Woodhaven neighborhood, requested the Commissioners to
deny the letter of intent submitted by EQT.
Julie Sedan suggested the county establish a Clean Slate Program for juvenile offenders. She also
expressed her opposition to the proposed EPQ data center.
Commissioner Spalding motioned to adjourn until the next regularly scheduled meeting.
Commissioner Gray seconded. Motion carried 3-0.
The Hancock County Board of Commissioners meeting adjourned at 9:16 AM.

___________________________________ ____________________________________
Commissioner Gary McDaniel, President
Commissioner Jeannine Gray, Vice-President

___________________________________ Attest: _______________________________
Commissioner Bill Spalding
Mary Bowmer, Auditor

ORDINANCE NO. 2026-8B
ORDINANCE MODIFYING LOCAL INCOME TAX RATES
HANCOCK COUNTY
BE IT ORDAINED by the County Council of Hancock County, Indiana that a need now
exists to modify the local income tax rates imposed in the following way:
1.

Hancock County's existing tax rates are as follows:

2.
Pursuant to I.C. 6-3.6-2, the expenditure rate is the sum of the rates for
the following allocation categories:

Existing LIT Rate
Allocation Rate Category
a. Certified Shares (IC 6-3.6-10)
1.00%
b. Public Safety (IC 6-3.6-6-8)
.26%
c. Economic Development (IC 6-3.6·6-9)
.13%
d. Property Tax Relief Rate (IC 6-3.6.6)
.25%
e. Special Purpose Rate (IC 6-3.6-7-9)
.10%
e. Correctional and Rehabilitation Facility
.20%
(LC. 6-3.6-6-2.7)
f. Emergency Medical Services (I.C.6-3.6-6%
2.8)
g. Staff expenses from the State Judicial
%
System (I.C.6-3.6-2.9)
h. Acute Care Hospital Expenses (I.C.6-3.6-6%
2.6)
i. Homestead Property Tax Replacement
%
Credits a.C.6-3.6-6-3.1)
Property Tax Credit Allocation Categories Existing Percent
of Revenue
(IC 6-3.6-5.6
All Property Tax Allocation Categories
1% Allocation Type:
Homestead eligible for a credit under IC 61.1-20.6-7.5
2% Allocation Type:
Residential property, agricultural land, long
term care property, and other tangible
property
eligible for a credit under IC 6-1.1-20.6-7.5
3% Allocation Type:
Nonresidential real property, personal
property, and other tangible property eligible
for a credit under IC 6-1.1-20.6-7.5

Proposed LIT
Rate
1.00%
.26%
.18%
.25%
.05%
.20%
%
%
%
%

Proposed Percent
of Revenue

%
100%

%
100%

%

%

%

%

Residential property, as defined in IC 61.1-20.6-4

%

Qualified Residential Property
Refers to any of the following, apartment
complex, homestead, or residential
rental property

%

%

FOR COUNTIES DIRECTING A PORTION OF PUBLIC SAFETY REVENUE TO
PSAP
The public safety allocation identified above includes revenue associated with an
expenditure rate that was previously authorized for the purposes of funding the county's
public safety access point ("PSAP"). The revenue associated with this rate shall be directed
to the PSAP prior to the distribution of the remainder of the public safety revenue.
Allocation Rate Category
Public Safe IC 6-3.6-6

Existing LIT Rate
.26%

Proposed LIT Rate
.26%

Proposed PSAP
Existing PSAP
Rate
Rate
.06%
.06%

Local Income Tax Type
Public Safety Access Point Rate

The maximum expenditure rate that a county may adopt is 2.5% for all counties except
Marion County, which is capped at 2.75%.
3.

The Correctional and Rehabilitation Facility Rate was added by HEA 12632018. The Emergency Medical Service rate was added by HEA 1246-2022
The Staff expenses from the State Judicial System was added by Section 2 of
SEA 417-2023.
The Acute Care Hospital Expenses Rate was added by Section 7 of HEA 11212024
The Homestead Property Tax Replacement Credit rate was added by Section
125 of SEA 1-2025.
4.
The Local Income Tax rates proposed above will become effective October
2027 and shall terminate twenty-two (22) years thereafter.
BE IT FURTHER ORDAINED that a public hearing was held on the proposed local income tax
rate modifications on _____, 20___ Proper notice of the public hearing was
provided pursuant to IC 5-3-1.0

2

Adopted this 29th day of September 2026, by a vote of ____ ayes and ____ nays.

HANCOCK COUNTY COUNCIL
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
ATTEST:
______________________________
Auditor

3

Docusign Envelope ID: 910A5269-CF4C-8D4F-83D3-C9188AE9759E

Updated 09.04.2026

HANCOCK COUNTY, INDIANA APPLICATION FOR PROPERTY TAX ABATEMENT

This Application for Property Tax Abatement for real and/or personal property (“Application”), a
Statement of Benefits Form (SB-1 RP/PP), and an Application for Declaration of an Economic Revitalization Area
must be submitted to the Hancock County Council prior to the initiation of the project. The first meeting is
required before asking for the first approval (See Schedule). Final approval of this Application by the Hancock
County Council is needed prior to beginning construction of the real property/personal property improvements
covered by this Application. A completed application is required for EACH proposed building, with $500 fee.
All questions must be answered as completely and accurately as possible and must be signed on the last
page of this Application and the Statement of Benefits Form (SB1) (s). An incomplete or unsigned Application will
not be accepted. All Applicants are encouraged to discuss the proposed project and tax abatement request with the
Hancock County Economic Development Council’s Executive Director prior to filing their application.
FEES
Applicant agrees to pay a Non-refundable Application Fee of $500.00 which must be paid at the time for the
filing of the Application. Checks should be made payable to the Hancock County Treasurer and mailed to the
Hancock County Auditor at 111 South American Legion Place, Suite 217, Greenfield, IN 46140. The Applicant’s
request for tax abatement will NOT be heard by the Hancock County Council until the Application Fee has
been received. A separate application is needed for EACH building.
Applicant further agrees to the imposition of a fee equal to the lesser of five percent (5%) of the reduction
in property taxes for each year generated by the property tax phase-in or $100,000, as allowed per IC 6-1.1-12.1-14.
Applicant further agrees that if the proposed development changes by five percent (5%) or more, the
Applicant will re-file this application with updated latest information and supply a new declaratory resolution to be
considered. No filing fee is needed. Additionally, if project S/F (square feet) changes by 5% or more, or building
count changes, applicants must come before council for change approval.
For Spec. Buildings the developer will agree that an annual update is required directly with the County.
This will include an update as soon as the building is leased. After one year from date of completion, if the building
is not sold or leased, the annual update will include the reason the building has not been sold or leased. The
County will continue to review the project subject to abatement if more information is provided. The owner must
still file a standard CF-1 each year.
Applicant further agrees to not file an assessment appeal for the duration of the abatement unless the
assessed value increases by at least 5%. The 5% rule will not apply to increases due to new construction with the
issuance of a new construction permit.
Page 1 of 7

Docusign Envelope ID: 910A5269-CF4C-8D4F-83D3-C9188AE9759E

Any questions or requests for more information should be directed to the Hancock Economic Development
Council.
Applications, including all attachments, forms and fees, must be submitted 10 days prior to the County
Council meeting for which the Applicant is scheduled to appear. Applications shall be sent to:

Hancock County Auditor
111 American Legion Pl. Suite 217
Greenfield IN 46140
[email protected]
317.477.1105
AND
Hancock County Economic Development
1 Courthouse Plaza
[email protected]
Greenfield, IN 46140
317.477.7241

Page 2 of 7

Docusign Envelope ID: 910A5269-CF4C-8D4F-83D3-C9188AE9759E

PROJECT QUESTIONNAIRE
Tax abatement request: Real Property (RP)

P ersonal Property (PP)

1. Name of company which tax abatement is being requested .

_____________________________________________________________________________________________
__________
2. Abatement schedule request.

Real Property ______________________________________________________________________________
Personal Property ________________________________________________________________________
Additional Incentives:
Are you asking for added incentives or assistance on this project: YES

NO

A request for added incentives may affect any abatement granted, and their values.
Description of incentives requests:

Are you bringing incentives to the county? YES

NO

If yes, explain.

3. State the name, title, address, telephone number, and e-mail address of the company

representative who may be contacted concerning this application.
Name:
Address:
Telephone:

Email:
Page 3 of 7

Docusign Envelope ID: 910A5269-CF4C-8D4F-83D3-C9188AE9759E

Location of property for which real estate tax abatement is being sought:
Address:
Parcel Tax ID Number:
Is this project: This project is new construction
Addition to an existing building

New construction Personal property

If the project is an addition to an existing building, is the current structure receiving tax
abatement? YES

NO

If so, how many years are left on current abatement?

What is the square footage of the facilities to be constructed?
Appearance of the project.
Attach a legal description and an aerial map of the proposed project location and briefly
describe the construction qualities (frame type, exterior finish, equipment, etc.) of the
proposed project.
Attachment of the rendering is required. All attachments must be clear and legible.

Type of Business:
Warehouse/Distribution
Information Technology
Speculative Building

Research /Development
Manufacturing
Other

If manufacturing, what type of product will be produced?
If built on speculation, have you identified potential tenants?
What is the estimated FF&E installation date?
What is the expected date for construction to start?
6. What is the expected date for construction to be completed?
7. What is the estimated improvement value of the project?
Page 4 of 7

Docusign Envelope ID: 910A5269-CF4C-8D4F-83D3-C9188AE9759E

8. If abatement is requested for personal property, what is the estimated cost?

ANSWER QUESTIONS 9 – 11 ONLY IF OWNER OCCUPIED .
9.

10.

Number of existing full-time permanent hourly employees by skill level. (Exclude benefits and
overtime)
Skilled

Average hourly wage rate

Semi-Skilled

Average hourly wage rate

Clerical

Average hourly wage rate

Salaried

Average salary (per hour) wage rate

TOTAL NUMBER OF EXISTING EMPLOYEES (permanent and full-time)
Number of new full-time permanent hourly employees by skill level. (Exclude benefits and overtime)
Skilled

Average hourly wage rate

Semi-Skilled

Average hourly wage rate

Clerical

Average hourly wage rate

Salaried

Average salary (per hour) wage rate

TOTAL number of NEW employees (permanent and full-time):
TOTAL annual dollar amount to be spent on NEW salaries:
TOTAL annual dollar amount spent on EXISTING salaries:
Timeline to hire NEW employees:
Estimated percentage of employees to LIVE in Hancock County:
BENEFITS
11. Approximate value of benefits for existing and new employees per hour basis in addition to wage.
Page 5 of 7

Docusign Envelope ID: 910A5269-CF4C-8D4F-83D3-C9188AE9759E

New _____________ Existing
Health Insurance

Dental Insurance

Vision Insurance

Retirement Program

Life Insurance
Training/Tuition Reimbursement

COMPLIANCE
During the term of the tax abatement covered by this Application, Hancock County, or its
authorized agent (“County”), will annually request documentation from the Applicant (in addition to the
CF1) to verify the Applicant’s compliance with all the commitments for the tax abatement and the
Applicant agrees to annually provide such documentation to the County with respect to compliance,
project description, job creation, retention figures (associated salaries) and other information contained
in this Application and the
SB-1. If it is decided the Applicant is not in compliance, notification will be sent to the taxpayer with a
hearing scheduled as to whether the abatement will be stopped.
Altering the application will void the submission.
I HEREBY AFFIRM, UNDER THE PENALTIES FOR PERJURY, THAT THE ABOVE AND
FOREGOING REPRESENTATIONS ARE TRUE.

Signature of Owner or Authorized Representative

Printed Name / Title

Date

REVIEWED AND APPROVED BY COUNTY COUNCIL:
Date:
Page 6 of 7

Docusign Envelope ID: 910A5269-CF4C-8D4F-83D3-C9188AE9759E

Signature:
Printed Name / Title

APPLICATION FEE RECEIVED:
Date:
Check #
Note that check came from KSM Business Services, Inc.
Revised 6/2026

Page 7 of 7

Docusign Envelope ID: 910A5269-CF4C-8D4F-83D3-C9188AE9759E

Exhibit A
Project Description
The Project will be constructed on property located in Hancock County, Indiana, and will consist
of one (1) industrial building of approximately 252,501 square feet (expandable to 502,071) with
an anticipated assessed value comparable to similar projects in the market. The building is
expected to be a modern, Class A industrial facility designed to accommodate warehouse and
distribution users.
Ambrose Property Group, a developer with established local roots and a proven track record in
Hancock County, recently acquired this and adjacent parcels for future development. The
Project is intended to be marketed as a build-to-suit opportunity to prospective end users, and
the ability to offer a property tax abatement is a critical component of positioning the site
competitively within the regional marketplace. As such, development of the building on a
speculative basis is not anticipated.
While the Project remains structured as a developer-owned building, Ambrose anticipates a
lease commitment with an identified end user expected to create approximately 35 new fulltime jobs, representing a total annual payroll of $2,230,582.00 (an average of roughly $63,730
per position). Ambrose is prepared to formally commit to these figures as part of this abatement
request.

Legal Description
That certain land situated in the County of Hancock, State of Indiana, and described as follows:
The Southwest Quarter of the Southwest Quarter of Section 16, Township 16 North, Range 6
East, in Hancock County, Indiana, containing 40 acres, more or less.

Docusign Envelope ID: 910A5269-CF4C-8D4F-83D3-C9188AE9759E

Aerial/Approximate Location of Site(s) to be Developed

Docusign Envelope ID: 910A5269-CF4C-8D4F-83D3-C9188AE9759E

Site Plan

Docusign Envelope ID: 0024C62F-2910-8AA3-8294-C9CB4489D8AF

STATEMENT OF BENEFITS
REAL ESTATE IMPROVEMENTS

28
20____
27 PAY 20____
FORM SB-1 / Real Property

State Form 51767 (R4 / 2-13)

Prescribed by the Department of Local Government Finance

PRIVACY NOTICE
The cost and any specific individual’s
salary information is confidential; the
balance of the filing is public record
per IC 6-1.1-12.1-5.1(c) and (d).

This statement is being completed for real property that qualifies under the following Indiana Code (check one box):
Redevelopment or rehabilitation of real estate improvements (IC 6-1.1-12.1-4)
Residentially distressed area (IC 6-1.1-12.1-4.1)

INSTRUCTIONS:
1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires
information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise, this statement must be
submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction.
"Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1 )
2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or
rehabilitation, BEFORE a deduction may be approved.
3. To obtain a deduction, a Form 322/RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation is
made or not later than thirty (30) days after the assessment notice is mailed to the property owner if it was mailed after April 10. If the property owner
misses the May 10 deadline in the initial year of occupation, he can apply between March 1 and May 10 of a subsequent year.
4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF-1/Real Property annually to the application to
show compliance with the Statement of Benefits. [IC 6-1.1-12.1-5.1(b) and IC 6-1.1-12.1-5.3(j)].
5. The schedules established under IC 6-1.1-12.1-4(d) for rehabilitated property apply to any economic revitalization areas designated after June 30, 2000,
unless an alternative deduction schedule is adopted by the designating body (IC 6-1.1-12.1-17). The schedules effective prior to July 1, 2000, shall
continue to apply to economic revitalization areas designated before July 1, 2000.
SECTION 1

TAXPAYER INFORMATION

Name of taxpayer

Ambrose Mount Comfort X LLC and/or related entities or assigns
Address of taxpayer (number and street, city, state, and ZIP code)

8888 Keystone Crossing, Suite 1150, Indianapolis, IN 46240
Name of contact person

Erin Shepherd, VP, Asset Management
SECTION 2

Telephone number

E-mail address

( 317 ) 573-4600

[email protected]

LOCATION AND DESCRIPTION OF PROPOSED PROJECT

Name of designating body

Resolution number

Hancock County Council
Location of property

County

3826 W. 300 N, 3838 W 300 N, CR 300 N & 400 W

Hancock

DLGF taxing district number

30-006

Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary)

Ambrose Mount Comfort X LLC plans to develop a building of aproximately 252,501 SF (expandable to
502,071 SF) on approximately +/- 40 AC on current parcels: 30-06-16-300-020.000-006,
30-06-16-300-024.001-006, and 30-06-16-300-024.000-006.
SECTION 3

Estimated start date (month, day, year)

10/01/2026
Estimated completion date (month, day, year)

12/31/2029

ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT

Current number

Salaries

0.00

$0.00

SECTION 4

Number retained

Salaries

Number additional

Salaries

0.00

$0.00

35.00

$2,609,541.00

ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT
COST

REAL ESTATE IMPROVEMENTS
ASSESSED VALUE

Current values
Plus estimated values of proposed project
21,000,000.00
Less values of any property being replaced
Net estimated values upon completion of project
SECTION 5
WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER
Estimated solid waste converted (pounds) ________________________

437,600.00

Estimated hazardous waste converted (pounds) ___________________

Other benefits

SECTION 6

TAXPAYER CERTIFICATION

I hereby certify that the representations in this statement are true.
Signature of authorized representative

Title

Date signed (month, day, year)

VP, Asset Management

9/8/2026

Page 1 of 2

Docusign Envelope ID: 0024C62F-2910-8AA3-8294-C9CB4489D8AF

FOR USE OF THE DESIGNATING BODY
We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution, passed or to be passed
under IC 6-1.1-12.1, provides for the following limitations:
A. The designated area has been limited to a period of time not to exceed ____________ calendar years* (see below). The date this designation
expires is _______________________________.
B. The type of deduction that is allowed in the designated area is limited to:
1. Redevelopment or rehabilitation of real estate improvements
2. Residentially distressed areas

Yes
Yes

No
No

C. The amount of the deduction applicable is limited to $ __________________.
D. Other limitations or conditions (specify)__________________________________________________________________________
E. The deduction is allowed for ______________________________ years* (see below).
F. Did the designating body adopt an alternative deduction schedule per IC 6-1.1-12.1-17?
If yes, attach a copy of the alternative deduction schedule to this form.

Yes

No

We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have
determined that the totality of benefits is sufficient to justify the deduction described above.
Approved (signature and title of authorized member of designating body)

Telephone number

(
Attested by (signature and title of attester)

Date signed (month, day, year)

)

Designated body

* If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is
entitled to receive a deduction to a number of years designated under IC 6-1.1-12.1-4.
A. For residentially distressed areas, the deduction period may not exceed five (5) years.
B. For redevelopment and rehabilitation or real estate improvements:
1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years.
2. If the Economic Revitalization Area was designated after June 30, 2000, and is not in a residentially distressed area, the deduction period may not
exceed ten (10) years.

Page 2 of 2

Membership Application
Organization Information
Name of Organization
Address
City

OrganizationName

OrganizationAddress
State

OrganizationCity

Phone #

OrganizationPhone

Website

OrganizationWebSite

Industry

OrganizationIndustry

Organiz
ationSt
ate

Zip Code

OrganizationZipCode

Total number of full time equivalent employees: OrganizationEmployees
Primary reason for joining: OrganizationReason

Contact Information
Primary Contact
Name
Address
City

ContactPriAddress

ContactPriCity

Phone #

Title ContactPriTitle

ContactPriName

State

ContactPriPhone

Contact
PriState
Email

Zip Code

ContactPriZipCode

ContactPriEmail

Billing (If different from Primary Contact)
Name
Address
City

ContactBillAddress

ContactBillCity

Phone #

Title ContactBillTitle

ContactBillName

ContactBillPhone

State

Contact
BillState
Email

Zip Code

ContactBillZipCode

ContactBillEmail

Membership Product

Price

AAIM Membership - 1 year - 251-300 employees

$3,130.00
Total:

$

$3,130.00

Dues Invoices and Terms
To provide the high-quality services and support our members rely on, it is AAIM’s policy that
membership dues are non-refundable. Member will be sent renewal invoice 30-days prior to
membership renewal date to the Billing Contact noted on account.

Invoices are considered past due after thirty (30) days from the date of invoice deeming
the Member inactive. An inactive status may limit the member on use of member
resources until renewal invoice has been paid. Membership dues are subject to
change upon renewal based on employee head count changes and/or board voted
annual dues rate increases.

Payment

PmtCreditCard Credit Card – Complete payment information below:
Credit Card Type:

CreditCardType

Cardholder Name:

CreditCardNameHolder

Credit Card Number:

CreditCardCardNumber

Exp. Date:
Security Code:
Zip Code:

CreditCardExpDate
CreditCardCVV
CreditCardZipCode

PmtCheck Check - Make check payable to AAIM Management Services
EIN - 43-0493922. Mail check with the completed
form to: AAIM, P.O. Box 790379, St. Louis, MO 63179
The individual below certifies that he/she is authorized to execute this application
and payment on behalf of Hancock County Government.
Signature:

dl.signhere.1

Printed:

dl.fullname.1

Date:

dl.datesign.1

AAIM Employers' Association
Customized HR Tools and Resources for Any Business.
M IS S O U R I : 12851 MANCHESTER RD. | SUITE 150 | ST. LOUIS, MO 63131 | 314.968.3600
IL L IN O I S : 300 HAMILTON BOULEVARD | SUITE L110 | PEORIA, IL 61602 | 309.637.3333
IN D IA N A : 450 E 96TH STREET | SUITE 500 | INDIA NAP OLIS, IN 46240 | 317.960.3487
FLORIDA: 43 SKYLINE DRIVE | SUITE 1001 | LAKE MARY, FL 32746 | 407.260.6556

From:

Date:

July 16, 2026

To:

Nick Kohal
AMER RISK MGMT RESOURCES NETWORK (MADISON, WI)
525 JUNCTION RD SUITE 8200
MADISON WI 53717

Brennan Taylor
1-312-506-8156
[email protected]

Via Email: [email protected]

Site Pollution Liability Toolkit II
Revised Quotation
Dear Nick:
Thank you for the opportunity to offer The Hartford Environmental Revised Quotation for Hancock County
Commissioners. Our Revised Quotation is as follows:
Renewal Of:

N/A

Named Insured:

Hancock County Commissioners
111 American Legion,
Greenfield, IN 46140

Company:

Navigators Specialty Insurance Company
One Penn Plaza, 50th Floor
New York, NY 10119
Navigators Specialty Insurance Company Rated 'A+' (Superior) by A.M. Best

Policy Coverage:

NAV ESP TLKT II (05/19)

Environmental Site Pollution Liability Toolkit II (05/19)

Page 1 of 7

From:

Brennan Taylor
1-312-506-8156
[email protected]

ONLY THOSE COVERAGES SCHEDULED BELOW WITH ACTUAL LIMITS OF LIABILITY ARE INCLUDED IN THIS PREMIUM INDICATION
1

Option 1: Coverages & Limits of Liability
Policy Coverage Type:

Operational

Coverage

Each
Occurrence

Coverage
Section
Aggregate

Policy
Aggregate

Deductible

A – Pollution Liability for Your
Insured Sites

$5,000,000

$5,000,000

$5,000,000

$50,000

B – Pollution Liability for Your
Off-Site Activities

$5,000,000

$5,000,000

Supplemental Claim Expense
Limit:

$1,250,000

Policy
Term
(Yrs)

Premium
Excluding
TRIA

1 year

$36,865

$50,000
Fungus/
Legionella
Deductible:

Policy Period:

8/1/2026 to 8/1/2027

New Jersey PLIGA:

N/A

Option 1 Comments:

3 year - $5m/$5m x 50k ded = $65,251

$50,000

1: All coverages, limits, sub-limits and endorsements referenced herein are subject to (and not in addition to) the
Policy Aggregate Limit shown above. The limits on multi-year policies do not reinstate annually.
Claims-Made Coverage Retroactive Date(s):
Coverage Elements
Retroactive Date(s)
Coverage A

NAV ESP TLKT II (05/19)

See Endorsement

Page 2 of 7

From:

Coverage B

See Endorsement

Coverage A Fungus/Legionella

See Endorsement

Coverage B Fungus/Legionella

See Endorsement

Brennan Taylor
1-312-506-8156
[email protected]

Coverage A - Insured Site(s)
*See Endorsement
Minimum Earned Premium:

25.00%

Policy Forms and Endorsement Schedule List*:
The coverage descriptions provided herein are only a brief synopsis of the coverage being afforded, please refer to
the actual policy and endorsements for coverage specifics.
Option

Form Title

Form Number

All

NAV ENV Policy Jacket (Non NY)

NAV NSIC ENV POLICY JCKT
(01/11)

All

Emergency Response Policy Holder Notice

NAV ENV ERS (02/11)

All

OFAC ENDORSEMENT

NAV-ML-002 (11/12)

All

Site Pollution Liability Toolkit II

NAV ESP TLKT II (05/19)

All

Indiana Policyholder Notice

NSIC IN NOTICE (07/09)

All

Notice of Claim Form

NENV CN 01 (04/17)

All

Schedule of Insured Site(s) Endorsement

NENV 9005 (05/19)

NAV ESP TLKT II (05/19)

Page 3 of 7

From:

Option

Brennan Taylor
1-312-506-8156
[email protected]

Form Title

Form Number

All

Coverage A – Capital Improvements Exclusion (Limited)
Endorsement

NENV 9036 (10/21)

All

Coverage B - Amendment to Site Specific Endorsement
(Subject to Coverage B Retroactive Date)

NENV 9171 (05/19)

All

Absolute Perfluoroalkyl and PolyFluoroalkyl Substances
Exclusion Endorsement

NENV 9221 (10/21)

All

SITE SPECIFIC FUNGUS/LEGIONELLA DELETION
ENDORSEMENT

NENV Manuscript (03/13)

All

Amendment to Underground Storage Tank Exclusion
(Coverage for Scheduled Tanks) Endorsement

NENV 9061 (05/19)

All

Business Interruption Extra Expense Endorsement

NENV 9073 (05/19)

All

Municipality Coverage Amendatory Endorsement

NENV 9274 (11/25)

All

Environmental Crisis Management Endorsement

NENV 9111 (05/19)

All

Full Terrorism Exclusion (Including Certified Act of Terrorism) NENV 9103 (05/19)
Endorsement

All

Terrorism Exclusion with Certified Act of Terrorism Exception
Endorsement

NENV 9104 (05/19)

TERRORISM INSURANCE COVERAGE OPTION:
The Terrorism Risk Insurance Program Reauthorization Act, as amended, requires insurance companies to
offer limited terrorism coverage. The premium presented in this quote does not include this coverage. If electing
to Purchase TRIA Terrorism coverage please provide either: (1) written instructions to bind TRIA Terrorism
coverage within the Request to bind email to us or (2) return the signed TRIA Terrorism Insurance Coverage
Notice Form provided within the Quote proposal. If the form is not received then we will assume terrorism
coverage is declined and the below Terrorism Charge will not be included in the premium.

NAV ESP TLKT II (05/19)

Page 4 of 7

From:

Brennan Taylor
1-312-506-8156
[email protected]

Terrorism Charge: If you elect to purchase TRIA Certified Acts Terrorism Coverage in conjunction with any
of the options presented in this Revised Quotation, the additional premium will be calculated by applying
the percent listed below to the desired option.
TRIA Terrorism Rate: 3.00%
SUBJECTIVITIES:
In order for this Revised Quotation letter to be valid and bindable, the following information must be
received by the following date:
Binding

Option

Subjectivity

All

Clarification of the address for the range house at "1 2 MILE E OF 2668 N, Greenfield, IN" - Required
at Binding

All

The individual Producer name and National Producer Number assigned to this specific submission is
required prior to binding the submission and issuing the policy - Required at Binding

All

Copy of GL, Property, Pollution, and Auto loss runs over the last 5 yrs. - Required at Binding

All

If pre-existing coverage is wanted, please provide copies of any Environmental reports and
correspondence with Environmental regulatory agencies - Required at Binding

All

If electing to Purchase TRIA Terrorism coverage please provide either: (1) written instructions to
bind TRIA Terrorism coverage within the Request to bind email to us or (2) return the signed TRIA
Terrorism Insurance Coverage Notice Form provided within the Quote proposal. - Required at Binding

All

Completed and signed Navigators Environmental Application - Required at Binding

NAV ESP TLKT II (05/19)

Page 5 of 7

From:

Brennan Taylor
1-312-506-8156
[email protected]

ADDITIONAL CONDITIONS:
This Revised Quotation is valid for 30 days from the date of Revised Quotation or the effective date, whichever
comes first.
The terms and conditions of this Revised Quotation may differ from specifications originally requested. Please
call if you have any questions.
This premium quotation, and any policy that may be issued as a result of this Revised Quotation, shall not apply
to the extent that any offer to provide insurance, or the actual providing of insurance, would be in violation of the
laws of the United States including, but not limited to, U.S. economic or trade sanction laws or export control
laws administered by the U.S. Treasury, State, and Commerce Department. In the event that any such laws or
prohibitions would apply, this Revised Quotation is void ab initio.
Navigators Specialty Insurance Company does not accept, review, reject or approve certificates of insurance.
Any requests for amendments to coverage must be made in writing to Navigators Specialty Insurance Company.
We will not amend policy conditions prior to the date of written request.
Your office is responsible for collection and payment of Surplus Lines taxes and filings.
Disclosure: The insurance referenced herein is offered on a surplus lines basis. The insurance company listed
on page 1 of this document is not licensed in the state in which the policy will be delivered, but is an approved
non-admitted insurer. Accordingly, there may not be any protection to the insured(s) under the state Insurance
Guarantee Fund or Insurer Insolvency Fund, if applicable. Please consult your insurance broker with any
questions on surplus lines coverage, non-admitted insurance, and/or state insurance guarantee or insolvency
funds.
Sincerely,

Brennan Taylor

NAV ESP TLKT II (05/19)

Page 6 of 7

From:

Brennan Taylor
1-312-506-8156
[email protected]

Brennan Taylor
[email protected]

NAV ESP TLKT II (05/19)

Page 7 of 7

POLICYHOLDER DISCLOSURE
NOTICE OF TERRORISM
INSURANCE COVERAGE
You are hereby notified that under the Terrorism Risk Insurance Act, as amended, you have a right to purchase insurance coverage for
losses resulting from acts of terrorism, as defined in Section 102(1) of the Act: The term “act of terrorism” means any act that is
certified by the Secretary of the Treasury—in consultation with the Secretary of Homeland Security, 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 certain air carriers or vessels 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 WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM
CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES
GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN
OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS
OR COVERAGES YOU REJECTED IN THE UNDERLYING INSURANCE. UNDER THE FORMULA, THE UNITED STATES
GOVERNMENT GENERALLY REIMBURSES 85% THROUGH 2015; 84% BEGINNING ON JANUARY 1, 2016; 83%
BEGINNING ON JANUARY 1, 2017; 82% BEGINNING ON JANUARY 1, 2018; 81% BEGINNING ON JANUARY 1, 2019 and
80% BEGINNING ON JANUARY 1, 2020, OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY
ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM
CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION
OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT.
YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100
BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS’ LIABILITY FOR LOSSES
RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE
CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100
BILLION, YOUR COVERAGE MAY BE REDUCED.

Acceptance of Terrorism Insurance Coverage
I hereby elect to purchase terrorism coverage for premium charge as presented in the quote.

Policyholder/Applicant’s Signature

Print Name

Navigators Specialty Insurance Company
Insurance Company

CH26ESPZ0QKMYQN
Policy Number

Date

NAV-ML-TERRD (01/15)
Contains copyrighted material of the National Association of Insurance Commissioners

COMMERCIAL LINES
ENVIRONMENTAL
INSURANCE POLICY

A STOCK COMPANY

Navigators Specialty Insurance Company
One Penn Plaza, 50th Floor, New York, NY 06155

THIS POLICY CONSISTS OF:
• DECLARATIONS
• ONE OR MORE COVERAGES OR COVERAGE PARTS. A COVERAGE OR
COVERAGE PART CONSISTS OF:
ο ONE OR MORE COVERAGE FORMS
ο APPLICABLE FORMS AND ENDORSEMENTS

Policyholder Disclosure: The insurance referenced herein is provided on a surplus lines basis. The
insurance company listed above and on the Declarations of this policy is not licensed in the state in
which the policy will be delivered, but is an approved non-admitted insurer. Accordingly, there may not
be any protection to the insured(s) under the state Insurance Guarantee Fund or Insurer Insolvency
Fund, if applicable. Please consult your insurance broker with any questions on surplus lines coverage,
non-admitted insurance, and/or state insurance guarantee or insolvency funds.

NAV NSIC ENV POLICY JCKT (01/11)

TOLL –FREE
EMERGENCY SPILL RESPONSE
SUPPORT HOTLINE

877 – NAVG – ENV
(6284)

*

(368)

ALERT Local Emergency Response Services
Follow Your Company’s Emergency Response Procedures
Receive Assistance from Navigators Environmental Hotline
As a Navigators Environmental insured, you have access to our 24/7 emergency spill response support
hotline to assist you in the event of an emergency involving the release of pollutants. Please be
prepared to relay critical information to the system administrator, including location and nature of the
release and response steps taken.
Q: What is Navigators Environmental
Emergency Spill Response Hotline?
A: Navigators environmental emergency spill
response hotline provides access to valuable
guidance and advice during an emergency
involving the release of pollutants, including
response oversight and assistance in
selection of an Environmental Remediation
Contractor.
Q: What are my responsibilities?
A: Incident response is your responsibility.
Using the response hotline does not take the
place of prudent response steps, including
notification of local authorities and following
your company’s emergency procedures.
Q. If I call the hotline, does that satisfy my
claim reporting requirements?
A. No, it does not satisfy your claim reporting
requirements. Please refer to your policy for
Procedures When Reporting a Claim to Us.

Q. Does the policy pay for these services?
A: Access to the hotline for assistance in
selecting a remediation consultant and
guidance on an appropriate response is free
to Navigators Environmental insureds. If
remediation is required, you must contract
directly with an environmental consultant
for such services. Whether coverage applies
to any claim will be determined by a review
of the incident details and your insurance
policy by Navigators Claims Department.
Q. Who Answers the Call?
A: Navigators Environmental has selected
Hydro-Environmental Technologies, Inc.
(HETI), to administer our emergency
response hotline. HETI is a full service
environmental company with highly skilled
and knowledgeable staff of environmental
consultants and engineers. HETI has been
responding to environmental crises since
1986 with a track record of professionalism
and expertise.

*Pre-printed labels are available to include in your corporate Emergency Response Plan or to place in
vehicles. Please contact your underwriter or email [email protected].
The material in this policyholder disclosure does not bind the company in any manner. This policyholder disclosure is provided for
informational purposes only, and is not intended to be a representation of coverage that may exist in any particular situation under a
policy issued by Navigators Insurance Company or its wholly owned subsidiary, Navigators Specialty Insurance Company. All
conditions of coverage, terms and limitations are defined and provided for in the policy. Programs or products may not be available
in all states and policy features may vary by state. Please consult your insurance broker and review the policy for coverage
limitations, restrictions, exclusions, terms and conditions.

NAV ENV ERS (02/11)

Page 1 of 1

OFAC ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

U.S. ECONOMIC AND TRADE SANCTIONS LIMITATIONS CLAUSE

en

No insurer shall be deemed to provide cover and no insurer shall be liable to pay any cla
r provide any benefit
hereunder to the extent that the provision of such cover, payment of such claim or provi n of such benefit
would expose that insurer to any sanction, prohibition or restriction under the trad r economi sanctions, laws
or regulations of the United States of America.

im

The United States of America trade or economic sanctions, laws or regulations shall include, but not be limited
to, those sanctions administered and enforced by the U.S. Treasury Department’s Office of Foreign Assets
Control (OFAC).

Sp

ec

All other terms, conditions and exclusions of this olicy rem n unchanged.

NAV-ML-002 (11/12)

Page 1 of 1

SITE POLLUTION LIABILITY
TOOLKIT II

en

THIS POLICY CONTAINS CLAIMS-MADE INSURING AGREEMENTS THAT APPLY ONLY WHEN A
CLAIM IS FIRST MADE AGAINST AN INSURED AND REPORTED TO US WHILE THE POLICY IS IN
FORCE. PLEASE READ THE ENTIRE FORM CAREFULLY.
Various provisions in this policy restrict coverage. Read the entire policy carefully
and duties and what is and is not covered.

determin

our rights

Throughout this policy the words “you” and “your” refer to the named insured shown in the Declarations,
and any other person or organization qualifying as a named insured under this policy. The words “we”,
“us” and “our” refer to the company, listed in the Declarations, providing is insura ce.

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The word “insured” means any person or organization qualifying as ch under SECTION II. WHO IS AN
INSURED. Words and phrases other than headings th appear in old type have special meaning.
Refer to SECTION V. POLICY DEFINITIONS.
In consideration of the premiums paid and upon our r iance on th statements made in the application to
this policy, including any supporting documentation o information submitted in connection with the
application, and in accordance with all the ter
conditio
exclusions and limitations contained in this
policy, we agree to provide coverage to the insure as follows:

ec

SECTION I. COVERAGES AND COVERAGE EXCL SIONS

The following coverage sections app only if sc eduled with limits in the Declarations:
A. Pollution Liability for Your Insured Site(s)

1. Cleanup Costs fr m the Dis overy of a Pollution Incident

Sp

We will pay on b half of the insured cleanup costs caused from a pollution incident located:
a. at,
or under an insured site; or
b. beyon the legal boundaries of an insured site if the pollution incident migrated from an
insured e,
that firs commen
on or after the Coverage A Retroactive Date stated in Item 4. of the
Declarations, provided that you discover the pollution incident during the policy period, and
report the pollution incident to us in writing as soon as practicable following discovery and
during the policy period.

2. Third Party Claims for Bodily Injury, Property Damage or Cleanup Costs
We will pay on behalf of the insured those sums that the insured becomes legally obligated to pay
as loss resulting from any claim(s) for bodily injury, property damage or cleanup costs
caused by a pollution incident located:
a. at, on or under an insured site; or

NAV ESP TLKT II (05/19)

Page 1 of 20

b. beyond the legal boundaries of an insured site if the pollution incident migrated from an
insured site,
that first commences on or after the Coverage A Retroactive Date stated in Item 4. of the
Declarations, provided that such claims are first made against the insured and reported to us
during the policy period, or, if applicable, during the extended reporting period.
3. Emergency Cleanup Costs
We will pay those sums that you first incur as emergency cleanup costs caused by a pollution
incident located:

en

a. at, on or under an insured site; or
b. beyond the legal boundaries of an insured site if the pollution incid
insured site,

t migrated om an

im

that first commences during the policy period. This policy applies to only those emergency
cleanup costs incurred by you within fifteen (15) calendar day after the pollution incident first
commences or incurred thereafter as pre-approved by us in writi g Furth , you must report the
pollution incident giving rise to such costs to us no ater an thirty ( ) calendar days after it
first commenced.
B. Pollution Liability for Your Off-Site Activities

1. Third Party Claims for Bodily Injury, Proper y Damage or Cleanup Costs
We will pay on behalf of the insured tho sums tha he insured becomes legally obligated to pay
as loss resulting from any claim(s) for bo ly injury, property damage or cleanup costs
caused by a pollution incident:

ec

a. resulting from the activi es of your business; and
b. emanating from a locatio other tha your property(ies),
that first commences on or after the Coverage B Retroactive Date stated in Item 4. of the
Declarations, pro ided that such claims are first made against the insured and reported to us
during the policy p riod, or applicable, during the extended reporting period.
up Costs

Sp

2. Emergency Cle

We will y those sums that you first incur as emergency cleanup costs caused by a pollution
incident:
a. r ulting fro the activities of your business; and
b. em nating fro a location other than your property(ies),
that first commences during the policy period. This policy applies to only those emergency
leanup costs incurred by you within fifteen (15) calendar days after the pollution incident first
commences or incurred thereafter as pre-approved by us in writing. Further, you must report the
pollution incident giving rise to such costs to us no later than thirty (30) calendar days after it
first commenced.

C.

Exclusions
1. Coverage A Exclusions
Coverage A. Pollution Liability for Your Insured Site(s) does not apply to any loss:

NAV ESP TLKT II (05/19)

Page 2 of 20

a. Asbestos and Lead
based upon or arising out of any asbestos, asbestos-containing materials, lead, or leadcontaining materials, in, upon or applied to any man-made structures or objects. However,
this exclusion does not apply to:
(1) claim(s) for bodily injury or property damage;
(2) cleanup costs for asbestos or lead in soil, sediment, groundwater, or any other water
body; or
(3) cleanup costs caused by the inadvertent disturbance of lead-based paint, asbestos, or
asbestos-containing materials.

b. Material Change in Use

en

However, notwithstanding the foregoing, this policy does not apply cleanup c sts for the
removal, abatement or encapsulation of any lead-based paint, asbest
or asbes scontaining materials not inadvertently disturbed or otherwise still present building structures
or components in a form materially similar to its original installation.

im

based upon or arising out of a change in use or operat ns at an sured site during the
policy period which materially increases a risk covered der this policy.
c. Pollution Incidents After an Insured Site is Div

ted

based upon or arising out of a pollution in ident that first commences after the date an
insured site is sold, given away abandone by you.
d. Underground Storage Tank System

ec

based upon or arising out of the presence or former presence of any underground storage
tank system(s) at an in ured site. However, this exclusion does not apply to any
underground storage ta k system(s):

Sp

(1) disclosed in the application for this insurance and subsequently listed on a Schedule of
Underground Storage Tank System(s) endorsement attached to this policy;
(2) removed o abandon d in-place prior to the inception date by: (a) any person or entity
ther
n you
n your behalf; or (b) you or on your behalf in compliance with all
applicabl federal, state, municipal or provincial regulations; or
( the existen e of which is unknown to all responsible insured(s) as of the inception
te of this policy.

2

C

rage B E clusions

Covera e B. Pollution Liability for Your Off-Site Activities does not apply to any loss:
a. Non-Owned Locations
based upon or arising out of a location or facility to which any waste or materials have been
delivered for the purpose of treatment, storage, processing, recycling, reuse or disposal.
However, this exclusion does not apply to the treatment, storage, processing, recycling, reuse
or disposal of your waste or materials sent to a non-owned location on or after the
Coverage B Retroactive Date stated in Item 4. of the Declarations.

b. Products
based upon or arising out of your products. However, this exclusion does not apply during
the period when your products are (1) stored or warehoused by others on your behalf, or (2)
being transported by you or on your behalf.

NAV ESP TLKT II (05/19)

Page 3 of 20

c. Professional Liability
based upon or arising out of the rendering of or failure to render any professional services by
you or on behalf of any insured including, but not limited to, providing engineering,
architectural or surveying services to others; preparing, approving, or failing to prepare or
approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or
drawings and specifications; and supervisory or inspection activities performed as part of any
related architectural or engineering activities.

d. Property Damage To Your Products

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Professional services do not include services within construction means
thods,
techniques, sequences and procedures employed by you or on behalf of any sured in
connection with your work and in your capacity as a construction c ntractor.

based upon or arising out of property damage to your products or any pa t thereof.
e. Property Damage to Your Work

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based upon or arising out of property damage to your w rk, including any materials, parts
or equipment furnished in connection therew
However, this exclusion do
f.

not apply

complete operations.

Separately Insured Project

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based upon or arising out of any proje that is insured under a pollution liability policy issued
by us or our affiliate to any named insu d for a specific project or projects, including, but
not limited to, any owner or contractor controlled insurance program(s), owner’s protective
policy, wrap-up policy o similar insurance under which you are covered. This exclusion does
not apply to any project w express y schedule in an endorsement to this policy as an insured
project.

g. Your Proper y(ies)

ut of a pollution incident located at, on, under or migrating from

Sp

bas up or ari
your proper (ies).

D. Common P icy Exclusions Applicable to All Coverages
With

pect to a

overages, this policy does not apply to any loss:

1. Comm nicable D seases
based upon or arising out of any disease or condition contracted through direct or indirect contact
with or exposure to any form of infectious agent that is generally spread or passed through
physical contact with or amongst persons or animals, or the bodily fluids or excrement of persons
or animals.

2. Contractual Liability
based upon or arising out of the liability of others assumed by any insured in a contract or
agreement. This exclusion does not apply to liability that you:
a. would have in the absence of the contract or agreement; or

NAV ESP TLKT II (05/19)

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b. assume in a written contract or agreement that is an insured contract, but only if and to the
extent this policy applies to such liability as of the inception date, or the effective date of an
endorsement to this policy upon which we schedule such contract or agreement as an
insured contract.
3. Criminal Fines, Penalties or Assessments
based upon or arising out of any criminal fines, criminal penalties or criminal assessments.
4. Employer's Liability

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based upon or arising out of bodily injury to:
a. your employee arising out of and in the course of:
(1)
(2)

employment by you; or
performing duties related to the conduct of your business; or

b. the spouse, child, parent, brother or sister of that employee
immediately above.

a cons quence of subpart a.

5. Hostile Acts / War

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This exclusion applies whether you may be liabl
an employ or in any other capacity and to
any obligation to share damages with or repay someo e else who must pay damages because of
the injury.

based upon or arising out of, be it directly r indirectly, any:

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a. war, including undeclar d or civil war;
b. warlike action by a milit ry force, including action in hindering or defending against an actual
or expected attack by an government, sovereign or other authority using military personnel
or other agents; or
c. insurrection, ebellion, revolution, usurped power, or action taken by governmental authority
in hindering or defending gainst any of these.
6. Insured

pon or aris ng out of any claim(s) made by an insured against any other insured.

Sp

base

Insu d

However,

is exclusion does not apply to claims initiated by:

a dditiona nsured; or
b. third parties th are subject to an indemnification given by one named insured to another
named insured in an insured contract.

7.

ntentional Acts

based upon or arising out of a responsible insured’s:
a. dishonest, fraudulent, malicious, willful, deliberate or knowingly wrongful act;
b. willful or deliberate failure to comply with any material statute, regulation, ordinance,
administrative complaint, notice of violation, directive, order, or instruction made by or on
behalf of any governmental body or agency; or
c. violation of or non-compliance with any land use restriction or engineered control that exists or
are to be implemented on the insured site.

NAV ESP TLKT II (05/19)

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However, this exclusion does not apply if the responsible insured’s action was taken in good
faith in reliance upon written advice of outside counsel received in advance of such failure to
comply, violation, or non-compliance. Additionally, this exclusion does not apply to emergency
cleanup costs.
8. Nuclear Liability

9. Undisclosed Pollution Incidents

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based upon or arising out of any nuclear or radioactive materials or by-products where any
insured under this policy: (1) has been indemnified by the United States Department of Energy or
any other government authority; or (2) is also an insured under a nuclear energy liability policy
issued by the Nuclear Energy Liability Insurance Association, Mutual Atomi
rgy Liability
Underwriters or Nuclear Insurance Association of Canada, or would be an nsure nder any
such policy but for its termination upon exhaustion of its limit of liability;
3) is requ ed to
maintain financial protection pursuant to the Atomic Energy Act of 1954, or ny amendment
thereto or for which the Price Anderson Act provides financial prot tion for t insured.

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based upon or arising out of any pollution incident(s) k own by respo sible insured as of
the inception date and not disclosed in the applicati n for is policy, r any application for a
policy issued by us to which this insurance is a renewal there f Solely with respect to SECTION
I., Coverage B. Pollution Liability for Your Of Si Activities his exclusion shall apply to only
those pollution incident(s) that result from the activit s of your business.
10. Workers' Compensation and Similar Laws

based upon or arising out of any obligat n of the in red under a workers' compensation,
disability benefits or unemployment comp sation law or any similar law.

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SECTION II. WHO IS AN INSURED

Where applicable, the following perso (s) or en ty(ies) are an insured under this policy:
A. Named Insureds

1. First Named Insur d

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The person or en y stated in Item 1. of the Declarations is the first named insured and is
resp
ible for payment of the policy premium and for any policy deductible. The first named
insured hall also erve as the sole agent acting on behalf of all insureds with respect to receipt
of notice(s) including notice of cancellation or non-renewal, receipt and acceptance of any
d rsement ) or any other change(s) to this policy, return of any premium, and assignment of
any in rest(s) u der this policy, unless any such responsibilities are otherwise designated by
endors ment.

2

Named Insured

The person(s) or entity(ies) expressly endorsed onto this policy as a named insured, if any.
Each expressly listed named insured has the same rights under this policy unless specified
otherwise in the endorsement, or unless such rights have been given specifically to the first
named insured in this policy or any endorsement hereto.

NAV ESP TLKT II (05/19)

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B. Other Insureds
1. Employees, Officers and Directors
Any of your past or present directors, officers, partners, members, employees or shareholders as
applicable, while acting within the scope of his or her duties as such.
2. If You Are an Individual

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If the first named insured designated in the Declarations is an individual, then you and your
spouse are insureds, but only with respect to the liability arising out of the ac ies of your
business in which you are the sole owner.
Any reference throughout this policy to a spouse(s) includes a person(s) w o is/are a p rty to a
civil union as defined by any applicable state or federal law.
3. Coverage A - Broad Insured Status for Owned Entities

C. Additional Insureds

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Solely with respect to SECTION I., Coverage A. Pollution Liab ty for Y ur Insured Site(s),
any subsidiary, associated, affiliated, or allied compa y or orporat
cluding subsidiaries
thereof, of which the first named insured has at least fifty p cent (50%) ownership interest as of
the inception date.

Any person or organization whom you ag e to inclu as an insured in a written contract or
agreement is an additional insured, but only f and to th extent the contract or agreement is executed
and effective prior to the date any claim is firs made to which this policy applies.

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No coverage is afforded under this policy for any loss arising out of an additional insured’s own
liability, sole negligence, or willf l or deliberate misconduct.
SECTION III. LIMITS OF LIAB

TY; D

U

IBLE

The Limits of Liability shown in the Declarations and the rules below fix the most we will pay regardless of
the number of claims, per ns or org nizations making claims, insureds or pollution incidents under
this policy.
Continuou Pollution Incidents

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A. Related

When multiple laims or types of loss(es) arise out of the same, related or continuous pollution
incident(s), then e following will apply:
1. all such same, rel ed or continuous pollution incident(s) will be treated as a single pollution
incident;
2 all such claims will be treated as a single claim; and
3.
ll such claims and loss(es) will be subject to one Each Incident Limit and one Deductible as
outlined in Paragraph B. and F. below, respectively.

B. Each Incident Limit
Subject to Paragraphs C. and D. below, the Each Incident Limit shown in Item 3. of the Declarations
is the most we will pay under this policy for all loss arising out of one pollution incident, or out of the
same, related or continuous pollution incidents.

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C. Coverage Section Aggregate Limit
Subject to Paragraph D. below, the Coverage Section Aggregate Limit shown in Item 3. of the
Declarations is the most we will pay for all loss under that particular coverage section.
D. Policy Aggregate Limit
The Policy Aggregate Limit shown in Item 3. of the Declarations are the most we will pay for the sum
total of all loss under this policy. The Policy Aggregate Limit shall not apply to the Supplemental
Claim Expense Limit also shown in Item 3. of the Declarations.

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E. Supplemental Claim Expense Limit
Notwithstanding Paragraphs B., C., and D. above, claim expenses covered u der this po y are not
subject to and will not reduce any applicable limit of liability, until such laim exp nses exceed the
Supplemental Claim Expense Limit shown in Item 3. of the Declarations. Once clai expenses in the
aggregate equal this amount, any and all subsequent claim expenses will be subject to and will
reduce all applicable limits of liability in the policy. We shall not be bligated to defend any claim or
pay any loss once any applicable limit of liability has been exhauste

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F. Deductible

Except with respect to claims arising out of fungus or leg nella pnueumophila, the Deductible
shown in Item 3. of the Declarations pplies to
loss arisin out of one pollution incident, or out of
the same, related or continuous pollution inciden s).
Solely with respect to claims arising o of fungu or legionella pneumophila, the Fungus /
Legionella Deductible shown in Item 3. of the eclarations applies to all loss arising out of fungus or
legionella pnueumophila.

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This policy applies to loss only n excess of the applicable deductible, which shall be paid by the first
named insured and remain unin ured.
If the same, related or continuous pollution incident(s) results in loss arising partly out of fungus or
legionella pneumoph a and partly out of another type of pollution incident covered hereunder, only
the highest of the appl able dedu tibles will apply.

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If, in the defense or ttlement of a claim or in the payment of loss, including the reimbursement of
emerge y cleanup c sts, we pay any part or all of the deductible, then, upon our notification to you
of such acti taken, you are responsible to promptly reimburse us for such part of the deductible
amount as ha een paid by us.

G

ple

licy Pe

ds

If a claim i first made against an insured and reported to us during the policy period, or, if
applicable, during the extended reporting period, then any claims arising out of the same, related
or c ntinuous pollution incident(s) that are first made against an insured and reported to us under a
subsequent policy, issued to you by us or by our affiliates, providing the same or similar coverage to
this policy, will be deemed to have been first made and reported during the policy period for this
policy. Furthermore, coverage for such claims under this policy will apply only if you have maintained
with us or with our affiliates, on a continuous and uninterrupted basis from the time of the first such
claim is made against an insured and reported to us, pollution liability coverage that provides the
same or materially the same coverage as this policy.

NAV ESP TLKT II (05/19)

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SECTION IV. CONDITIONS OF INSURANCE
A. Application Representations
By accepting this policy, you understand and agree that the statements in the application, including
any supporting documentation or information submitted in connection with the application for this
insurance, are hereby made a part of this policy; are accurate and complete to the best of the
responsible insured’s knowledge; that those statements are based upon representations you made
to us; and that we have issued this policy in reliance upon your representations.
B. Assignment
nt to such

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The interest of any insured under this policy is not assignable, unless and u til our con
assignment is endorsed hereon.
C. Bankruptcy

Bankruptcy or insolvency of the insured or of the insured's estate will not reliev us of our obligations
under this policy.

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D. Cancellation

This policy may be cancelled by the first named insu ed by sur ender of the policy to us, or by
mailing to us a written notice stating when the after the c ncellation is effective. If the first named
insured cancels, earned premium will be compu d in accord ce with the customary short rate table
and procedure after applying the Minimum Earned Premium set out in Item 5. of the Declarations.
However, as of the date any claim or lo
is (1) rep rted to us or (2) known by any responsible
insured, the minimum earned premium sh l be 100% and there will be no return premium for
cancellation of this policy by you.

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This insurance may be cancelled by us, but only for the following reasons:
1. failure to pay a prem
when e;
2. fraud or material misrepresentation on the part of an insured, such as can be proven in a court of
law; or
3. a change in use o operations at an insured site or your work which materially increases a risk
under thi
y

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However cancellation for such a change identified in paragraph 3. immediately above within this
condition s ll either a ply to your work or the insured site(s) upon which such change occurred,
respectively, d will be processed via endorsement to this policy to exclude such coverage element.
C
n by us ill be effectuated by mailing a written notice of cancellation to the first named
insured at he addre shown in the Declarations stating when cancellation will be effective, in
accordance with the following schedule: the effective date of such cancellation notice will not be less
than 10 days after mailing in the case of failure to pay a premium when due; or not less than 90 days
aft mailing in the case of cancellation for the reason(s) outlined above in Paragraph 2. or 3. of this
Part D. Cancellation. The mailing of notice as noted shall be sufficient proof of notice. The time of
surrender or the effective date and hour of cancellation stated in the notice will become the end of the
policy period. Delivery (where permitted by law) of such written notice either by you or by us shall be
equivalent to mailing.
If we cancel this insurance, earned premium shall be computed pro rata. Premium adjustment may be
made either at the time cancellation is effected or as soon as practicable after cancellation becomes
effective, but payment or tender of unearned premium is not a condition of cancellation.

NAV ESP TLKT II (05/19)

Page 9 of 20

E. Changes
Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a
waiver or a change in any part of this insurance or estop us from asserting any right under the terms
of this insurance; nor shall the terms of this insurance be waived or changed, except by endorsement
issued to form a part of this insurance and signed by us.
F. Consent

G. Economic and Trade Sanctions

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Where our consent and/or approval or your consent and/or approval is required under this policy,
such consent shall not be unreasonably withheld, delayed, conditioned or denie

We shall not be deemed to provide cover and we shall not be liable to pay any laim or provide any
benefit hereunder to the extent that the provision of such cover, paymen of such c im or provision of
such benefit would expose us to any sanction, prohibition or rest iction under the t ade or economic
sanctions, laws or regulations of the United States of America.

H. Entire Agreement

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The United States of America trade or economic sanctio s, l ws or reg
ons shall include, but not
be limited to, those sanctions administered and enforced by the S. Treasury Department’s Office of
Foreign Assets Control (OFAC).

By acceptance of this policy, you agree with us that is policy and any written endorsements
attached hereto constitute the entire agre ent betwe n the parties. The terms, conditions and
limitations of this policy can be waived or cha ged only y written endorsement.
Headings

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I.

Any headings or sub-headings t at appear i this policy are intended for convenience only and in no
way form a part of the te
cond ons or ubstance of the policy.
J. Inspection and Aud t

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By acceptanc f this p icy yo agree that we have the right, but not the obligation, to inspect or
monitor on a contin ng basi the activities of your business or insured site(s) at any reasonable time
of busine s If we dec e to exercise this right, we will provide you or your broker or agent with
easonabl otice (of a least ninety six (96) hours) as to the time and place of our inspection or
monitoring, a d we will seek your assistance with providing access to those locations or operations
we intend to ins ct or monitor.
We may, s bject to o sole discretion, report orally or in writing to you on the conditions we find and
recommend changes. Any such reports or recommendations relate only to insurability and the
premiums to be charged. We do not make safety inspections, nor do we undertake to perform the
duty of any person or organization to provide for the health or safety of workers or the public. Further,
nothing in our inspection, monitoring or reports shall constitute an undertaking, on behalf of or for the
benefit of the insured or others, to determine whether any conditions are safe, or whether any
operations or facilities are in compliance with laws, regulations, codes or standards.

K. Legal Action Against Us
No person or organization has a right under this policy to:
1. join us or our affiliates as a party or otherwise bring us or our affiliates into a legal suit or legal
proceeding asking for damages from an insured; or

NAV ESP TLKT II (05/19)

Page 10 of 20

2. sue us or our affiliates on this policy unless all of its terms have been fully complied with.
A person or organization may sue us to recover on an agreed settlement or on a final judgment
against an insured; but we will not be liable for damages that are not payable under the terms of this
policy or that are in excess of the applicable limit of insurance. An agreed settlement means a
settlement and release of liability signed by us, the insured and the claimant or the claimant's legal
representative.
L. Other Insurance

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With respect to any insured, this insurance will apply in excess of any other valid d collectible
insurance, whether primary, excess, contingent or on any other basis, unless such o r insurance is
written only as specific excess insurance over the limit of liability of this poli
When both this insurance and other insurance apply to any claim or loss on the ame basis, then we
will not be liable under this policy for a greater proportion of the loss than the lower f either (1) the
Limits of Liability shown in the Declarations or (2) the amount determined by contribution amongst the
policies, as follows:

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1. Contribution by Equal Shares - if all of the other insurance ermits
bution by equal shares,
we will also follow this method. Under this approach each in rer contributes equal amounts until
it has paid its applicable limit of insurance or no
the loss r mains, whichever comes first.
2. Contribution by Limits - if any other insurance does n permit contribution by equal shares, we
will contribute by limits. Under th method ach insure share is based on the ratio of its
applicable limit of insurance to the total applic le limits o nsurance of all insurers.

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Notwithstanding the foregoing, with respec
any polic issued for a specific project or projects,
including, but not limited to, any owner or con ctor controlled insurance program(s), owner’s
protective policy, wrap-up policy or s ilar insura ce the insurance afforded by this policy will apply
only in excess and will not contr bute with such other insurance.
M. Separation of Insureds / Sever bility

Except with respect to the Limits of Liability, or any rights or duties specifically assigned to the first
named insured, this nsurance applies:

Sp

1. as if each
d ins
d
re the only named insured; and
2. separate y to eac insured against whom a claim is made.
N. Service of uit

It is understood a d agreed that in the event of a failure by us to pay any amount claimed to be due
we, at t request of the first named insured, will submit to a court of competent
jurisdiction within the
ited States of America. The foregoing shall not constitute a waiver of any of
our rights t remove, remand, or transfer such suit to any other court of competent jurisdiction in
accordance with the applicable statutes of the United States of America or any state therein. In any
suit nstituted against us upon this contract by said court, we will abide by the final decision of the
court or of any appellate court in the event of an appeal.
It is further agreed that service of process upon us in such suit may be made upon the
Superintendent, Commissioner, or Director of Insurance or other person specified for that purpose in
the applicable statute governing service of process in the state or jurisdiction in which a cause of
action arises under this contract of insurance, 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 any beneficiary hereunder arising out of this contract of
insurance.

NAV ESP TLKT II (05/19)

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We hereby designate the President of Navigators Specialty Insurance Company, One Penn Plaza,
50th Floor, New York, NY 10119, as the person to who the said Superintendent, Commissioner, or
Director of Insurance is authorized to mail such process or a true copy thereof, in compliance with the
applicable statutes governing said service of process in the state or jurisdiction in which a cause of
action under this contract of insurance arises.
O. Subrogation

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In the event of any payment under this insurance by us, we shall be subrogated to all the insured's
rights of recovery against any person or organization. You agree to cooperate with us and to execute
and deliver all instruments and papers and do whatever else is necessary to enf
such rights. No
insured shall do anything after the payment of loss by us to prejudice such rights.
After the deduction of any expenses incurred by us in making a subrogation r overy, any maining
monies shall first accrue to you to the extent of any payment in excess of the lim of liability, then to
us to the extent of our payment under the policy, then to you to the exten of your p ment of the
deductible.

P. Territory

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Solely with respect to Coverage B, we will waive any right of rec very we may have against any
person or organization because of payments we make f r an loss, c
up costs, or emergency
cleanup costs arising out of activities of your business done u der a written contract or agreement
with that person or organization. This waiver of sub
tion applie only to persons or organizations
with which you have a written contract executed p r to when the pollution incident first
commenced and only to the extent waiver of brogation i required by the contract or agreement.

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This policy applies to pollution incident(s) taki place anywhere in the world, provided the insured’s
responsibility to pay loss is determine by a cou of competent jurisdiction in the United States of
America (including its territories or possessions), Puerto Rico and Canada, or is otherwise agreed to
by us. This policy does not, and shall not be construed to, provide locally-admitted coverage in any
jurisdiction other than the United tates of America or Canada.
SECTION V. POLICY DEFINITIONS

A. Bodily injury means t e followin injury(ies) as sustained by any person, including, if applicable,
death resulti
from

Sp

1. phys a injury, sic ness, disease, building-related illness or other illness, including, but only in the
presen of at leas one of the aforesaid physical injuries or as otherwise required by court order,
the cost o medical monitoring; and/or
2. mental angu
emotional distress, or shock.

B. Claim or cl ims mea a written demand or notice received by an insured alleging liability on your
part for bodily injury, property damage, or cleanup costs caused by a pollution incident to which
this insurance applies.
C. Claim expenses means:
1. all reasonable and necessary fees charged by legal counsel designated by us, or, with our prior
written consent, by you; and/or
2. all other reasonable and necessary fees, costs and expenses resulting from the investigation,
adjustment, defense and appeal of any claim, suit or proceeding arising in connection therewith,
if incurred by us, or, with our prior written consent, by you.
Claim expenses does not include any salary, overhead or other charges by an insured for any time
spent in cooperating in the defense and investigation of any claim or circumstance which might lead

NAV ESP TLKT II (05/19)

Page 12 of 20

to a claim notified under this insurance, except as outlined in SECTION VI., Paragraph B. Your
Assistance and Cooperation.
D. Cleanup costs means those reasonable and necessary expenses incurred in order to investigate,
test, monitor, abate, remove, remediate, neutralize, clean or dispose of soil, sediment, groundwater,
surfacewater, or other contamination arising from a pollution incident to the extent required by
environmental law, or in the absence of environmental law, recommended in writing by an
environmental professional as necessary for the protection of human health and the environment.

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Cleanup costs also includes reasonable and necessary expenses incurred by an insured with our
written consent, to repair, replace, or restore real or personal property to substan lly the same
condition it was in prior to being damaged in the course of incurring cleanup costs, h wever, such
expenses will not include any costs associated with any improvements or b terments, cept to the
extent that such betterment includes the use of materials meeting green stan rds to rep , replace,
or restore the damaged property.
Except for green standards, with respect to a pollution incident at, on or under an insured site, the
allowable costs to repair, replace, or restore real or personal prope ty as noted will not exceed the
actual cash value of the real or personal property immediately prior incurrin any cleanup costs.

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E. Completed operations means your work that have been comp ed and does not include your
work that have been abandoned by you. Your work
be deeme completed at the earliest of the
following times:

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1. when all of your work called for in your contra t have bee completed;
2. when all your work to be performed t a jobsite ave been completed if your contract calls for
work at more than one jobsite; or
3. when that part of your work performed a e jobsite has been put to its intended use by any
person or organization other than another co tractor or subcontractor working on the same
project.
Your work that may need serv e, maintenance, correction, repair or replacement, but which are
otherwise complete as n ed ab
ill be deemed completed and treated as completed
operations.
F. Cyber attack means:

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1. any unauthorized ccess to or unauthorized use or modification of a network owned, operated or
contr
d by you, o by a third party service provider on your behalf (hereinafter “network”)
through cking or o herwise;
2. denial of se ice attacks against a network;
3. the infection o network by malicious code;
an mware a ck; or
5. a zero-d y attack;
For purposes of this definition, a network includes a computer system including electronic data,
soft are, hardware, firmware, data storage devices, mobile devices, and electronic components and
equipment residing on or forming part of a computer system.

G. Emergency cleanup costs means those reasonable and necessary expenses incurred by you in
order to investigate, test, monitor, abate, remove, remediate, neutralize, clean or dispose of soil,
sediment groundwater, surfacewater, or other contamination in response to a pollution incident that:
1. first commences during the policy period;
2. presents an imminent and substantial danger to human health or the environment; and
3. requires an immediate response by you in order to mitigate or reduce potential loss to which
coverage under this policy applies or would apply but for the absence of a claim against you.

NAV ESP TLKT II (05/19)

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H. Environmental laws means any federal, state, provincial, or local law, including, but not limited to,
statutes, rules, ordinances, guidance documents, regulations, and all amendments thereto, including
state voluntary cleanup or risk-based corrective action guidance, and governmental, judicial, or
administrative orders or directives, applicable to a pollution incident.
Environmental Professional means a person designated by us, or, by you with our prior written
consent and approval, that is certified or licensed as a Certified Industrial Hygienist (CIH) by the
American Board of Industrial Hygiene, a Professional Engineer (P.E.), or a Professional Geologist
(P.G.), or other certified or licensed professional with the applicable state environmental regulatory
agency. We may require that certain minimum professional criteria be met, including a demonstration
that the individual has experience with similar projects as the one giving rise to cl nup costs or
emergency cleanup costs under the policy, and the maintenance of adequate error and omissions
insurance.

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I.

J. Extended Reporting Period means the Automatic Extended Reporting Period o if applicable, the
Supplemental Extended Reporting Period, as outlined in SECTION VIII. o this poli
K. First Named Insured means the person or entity stated in Item 1. of the Decla ations, and subject to
the responsibilities outlined in SECTION II., Paragraph A.1 of this p licy.
gi, including mycotoxins, spores or

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L. Fungus means any form of mold, living or not living, mildew, or f
byproducts produced or released by fungi.

M. Green standards means the follow ng standa ds, product methods, and processes for improving
the environment, increasing energy efficiency, and nhancing afety and property protection:
een Building Council;

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1. LEED® Green Building Rating System™ f the U.S.
2. Green Globes™ Assessment and Rating S tem;
3. ENERGY STAR®;
4. National Fire Protection Association codes;
5. Underwriter Laboratories sta dards; or
6. other local or international co s.

N. Inception date means the first date set forth in Item 2. of the Declarations.
O. Insured contract mea s:

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1. a written contract r agreement submitted to and approved by us, and listed on a Schedule of
Insur Contracts e dorsement attached to this policy; or
2. solely wi respect t coverage B. Pollution Liability for Your Off-Site Activities:
a

your oblig on, as required by ordinance, to indemnify a municipality, except in connection
w work fo municipality; or
b. that art of any ther contract or agreement pertaining to your work (including an
indemnification of a municipality in connection with work performed for a municipality) under
which you assume the tort liability of another party to pay for bodily injury, property damage
or cleanup costs to a third person or organization. Tort liability means a liability that would be
imposed by law in the absence of any contract or agreement.

P.

Insured site means any real property that is both (1) owned, operated, leased, rented, or managed
by you as of the inception date and (2) listed in the application for this insurance.

Q.

Jobsite means a location where your work is performed, but does not include any insured site(s),
non-owned location(s), or your property(ies).

NAV ESP TLKT II (05/19)

Page 14 of 20

R.

Loss means:
1. monetary awards or settlements of compensatory damages for bodily injury or property
damage, including, where insurable by law, any punitive, exemplary, or multiple damages, and
any civil fines, penalties, or assessments for bodily injury or property damage;
2. cleanup costs and emergency clean-up costs to which this insurance applies; or
3. claim expenses related to Paragraphs 1. and 2. above.
Named insured means person(s) or entity(ies) outlined in SECTION II., Paragraph A. Named
Insureds, and referred to as you or your throughout this policy.

T.

Natural Resource Damages means injury to or destruction of land, fish, wildlife, biot air, water,
ground water, drinking water supplies, and other such resources belonging
managed y, held in
trust by, appertaining to, or otherwise controlled by the United States (including any resou es that
are the subject of the Magnuson-Stevens Fishery Conservation and M agemen Act (16 U.S.C.
1801 et seq.)); or any State, Provincial, or local government; or any foreign governm nt; or any Indian
Tribe; or, if such resources are subject to a trust restriction or alienation, by any member of an Indian
tribe, including any reasonable costs of damage assessment and t e cost of re toring injured
resources to their baseline condition prior to the pollution incident g ving ris o loss hereunder.

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S.

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U. Non-Owned Location means any location(s) to which your wast or materials are sent for treatment,
storage, processing, recycling or disposal provided
cation is n and never was owned,
operated, leased, rented, managed or occupied by you or our parent, subsidiary or affiliate(s) and
the location:
1. is listed in a Schedule of Non-Owned L cation(s) dorsement attached to and made a part of this
policy; or
2. meets all of the following criteria as of the d e waste or materials are delivered by you:

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a. is properly licensed, as applicable, by state, federal, municipal or provincial authority to
conduct waste treatment storage, pr cessing, recycling or disposal; and
b. is not listed, or proposed be listed on the U.S. Environmental Protection Agency’s (EPA’s)
Final National Priorit s List (
r on the Superfund or Comprehensive Environmental
Response, Compensation, and Liability Information System (CERCLIS) database, or any state
or provincial e uivalent(s) to the federal NPL, Superfund or CERCLIS database(s).

Sp

V. Our affiliate
any p
s), subsidiaries, affiliates, divisions, related companies, holding
companies, merged mpanies, acquired companies, predecessors-in-interest and/or successors-ininterest
he compan listed in the Declarations as providing this insurance.
W. Policy period eans the period set forth in Item 2. of the Declarations, or if this policy is cancelled by
either the first na ed insured or by us, any shorter period as a result of such cancellation.
X. Pollutant means any lid, liquid, gaseous or thermal irritant or contaminant, including but not limited
to, smoke, apors, soot, fumes, acids, alkalis, toxic chemicals, hazardous substances, petroleum
hydrocarbons, fungus, legionella pneumophila, methamphetamines, low level radioactive materials,
elec omagnetic fields, and waste. Waste includes but is not limited to medical, infectious, and
pathological wastes.
Y. Pollution incident means:
1. the discharge, dispersal, release, seepage or escape of any pollutant into or upon land, or any
structure on land, the atmosphere or any watercourse or body of water, including groundwater;
2. the discharge, dispersal, release, seepage or escape of any pollutant into or upon land, or any
structure on land, the atmosphere or any watercourse or body of water, including groundwater,
that results directly from a cyber attack;

NAV ESP TLKT II (05/19)

Page 15 of 20

3. subject to the applicable Fungus/Legionella Retroactive Date stated in Item 4. of the Declarations,
the existence of fungus and/or legionella pneumophila at, on, within any man-made structures or
buildings, including the indoor air within the aforesaid structures or buildings;
4. the discharge, dispersal, release, seepage or escape of silt or sediment beyond the legal
boundaries of a jobsite or insured site; or
5. the illicit abandonment of any pollutant by a third party without your knowledge at an insured site
or jobsite at which you perform your work.
Pollution incident does not include any pollutant that does not exceed the amount or concentration
naturally present in the environment.
Property damage means:

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Z.

1. Physical injury to or destruction of tangible property owned by third parties, cluding an resulting
loss of use and diminution in value thereof;
2. Loss of use of tangible property owned by third parties that has not be n physic y injured or
destroyed; or
3. Natural Resource Damages.
Property damage does not include cleanup costs.

ual(s):

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AA. Responsible insured means any of the following in

1. all of your officers, directors, part rs, princi ls, or mem rs;
2. any of your managers of an insured site or job ite; or
3. your corporate manager(s) that are res onsible fo environmental affairs, control, or compliance.

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BB. Underground storage tank system means a y tank o vessel, including any attached pumps,
valves and piping connected to the ta k or vess that has at least ten (10) percent of its volume
below ground. Underground storage tank system does not include:
1. a septic tank, oil/water separa r or sump pump;
2. a tank that is enclosed w hin a b
nt, cellar, shaft, or tunnel, if the tank is upon or above the
surface of the floo ; or
3. storm water or was water coll ction systems.

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CC. Your products me s any goods or products, other than real property, manufactured, sold, handled,
or distrib ed by you, by others trading under your name, or any person or organization whose
business o ssets you have acquired, including:
1. any containe (other than vehicles), materials, parts or equipment furnished in connection with
ods or p ducts;
2. warrant s or repr
ntations made at any time with respect to the fitness, quality, durability,
perform nce or use of your product; or
3. the providing of or failure to provide warnings or instructions.

DD. Your property(ies) means any real property that is or was at any time owned, operated, leased,
rented, or managed by you.
EE. Your Work means those operations or activities, conducted by you or on your behalf, that you have
been retained by a third party to perform at a jobsite.

NAV ESP TLKT II (05/19)

Page 16 of 20

SECTION VI. PROCEDURES WHEN REPORTING A CLAIM TO US
The following section outlines the insured’s duties in the event of a claim or loss which, as a condition
precedent to coverage under this policy, must be reported to us as follows:
A. Claim Reporting
In the event that an insured receives a claim or becomes aware of a pollution incident which may
give rise to loss under this policy, the insured must notify us as soon as practicable utilizing any of
the following methods, or by utilizing any other methods or addresses which may be substituted by us
by endorsement to this policy:

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1. by electronic mail to the Claims Department at [email protected] ; or
2. by telephone at 855-444-4796; or
3. by mail to our Claims Office at

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Navigators Insurance
Attn: Claims Division
One Hartford Plaza
Hartford, CT 06155

Notice to us should contain the following information:

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1. the current contact information of the person( giving noti e to us;
2. the time and location of the pollution ncident;
3. a description of the circumstances givin rise to the ollution incident including how and when
you become aware of the pollution incid t;
4. the names and addresses of any njured per ns and witnesses; and
5. all other information which i relevant to the c aim, pollution incident, or loss.

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Thereafter, the insured is require to submit to us as soon as practicable, but in no event longer than
sixty (60) days from th dat of our
, any information related to the notice which we may
reasonably request including but not limited to any relevant contracts, technical reports, laboratory
data, field notes, or d cuments generated by an insured in the investigation of any potential loss
hereunder, whether or ot these materials are deemed by any insured to be relevant. If a claim is
made agains
sure
ust immediately send us copies of any demands, notices,
summonses or legal apers received in connection therewith.
If any insur makes any claim under this policy knowing such claim to be false or fraudulent, as
regards to the mount or otherwise, this policy shall become null and void, and all coverage
hereunder shall b forfeited.

B. Your Assis ance and ooperation
Without any charge to us, any and all insureds who may have any information related to a notice of a
clai or loss submitted to us are required to cooperate with us in all investigations, securing and
giving evidence, and, with respect to depositions, hearings, arbitrations, mediations, trials and any
other legal proceedings, including their own personal attendance and the assistance in securing the
attendance of witnesses. In the event that you or any of your principals, partners, executives, officers,
directors, members or employees are required to personally attend any legal proceeding at our
request, then you are entitled to receive reimbursement from us of up to $500 per day for each
individual, subject to a policy limit of $10,000, to cover their travel and lodging expenses directly
related to their attendance at such proceedings. These allowable expenses are subject to and will
erode both the Limit of Liability and the Deductible set out in the Declarations.

NAV ESP TLKT II (05/19)

Page 17 of 20

C. Your Duty and Our Right to Mitigate
Once you become aware of a pollution incident, you are required to make any reasonable attempt
to mitigate any loss and to comply with all applicable laws. If, in our sole judgment, you or any
insured fails to take reasonable steps to mitigate a pollution incident which may give rise to loss
hereunder, we will have the right but not the duty to take such steps as we deem appropriate to
mitigate the pollution incident. Any cleanup costs incurred by us will be deemed to have been
incurred by the insured and will erode both the Limit of Liability and the Deductible set out in the
Declarations.
D. Our Right to Approve Environmental Professionals

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You, with our prior written consent and approval, have the right and duty to signate an retain
qualified environmental professional(s) to assist with the investigation or rem diation of pollution
incident covered hereunder. Our written consent is not required in th
se of em rgency cleanup
costs resulting from a pollution incident, however, you are still required to select a ualified
environmental professional to conduct any investigation or remediation on your behalf, and the
rates and fees we actually pay to the environmental professional for their se vices will be limited to
the rates and fees we typically pay in the ordinary course of usiness inve gating and remediating
similar pollution incidents in the community where the pollut n incident arose. Any costs or loss
incurred by you prior to receiving our written consent and approva will not be covered under this
policy or credited against the deductible, except in the c e of emer ncy cleanup costs resulting
from a pollution incident.
SECTION VII. DEFENSE AND SETTLEMENT
A. Our Right and Duty to Defend

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We will have the right and duty to defend the insu d against any claim(s) for bodily injury, property
damage or cleanup costs to which this insurance applies, but we will have no such duty to defend
any insured against any claim(s to which th s insurance does not apply. Upon your satisfaction of
any applicable deductible claim pense( ) to which this insurance applies will be paid and will
reduce the applicable Limits of Liabi
out in the Declarations as described in SECTION III.
LIMITS OF LIABILITY; DEDUCTIBLE. Our duty to defend ends once the applicable Limit of Liability
has been exhausted by payment of any loss.
B. Our Right t Sel

Lega

nsel

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We have e right to se ect legal counsel to defend the insured against any claim(s) for bodily injury,
property da age or c eanup costs to which this insurance applies. Where allowable by law, we
may appoint on counsel to represent or defend all insureds against any claim(s) to which this
insu
applies n a joint defense basis.

C. Your Righ to Indepe dent Counsel
When an insured is entitled by law to select, at our expense, independent counsel (e.g., Cumis
Cou sel) to oversee our defense of a claim against the insured, the attorney's fees and all other
litigation expenses we will pay to the independent counsel are limited to the rates we actually pay to
counsel we retain in the ordinary course of business in the defense of similar claims in the
community where the claim arose or is being defended. Any insured may, at any time, by signed
consent, waive their right to select an independent counsel.
Additionally, we require that such independent counsel have certain minimum qualifications with
respect to their legal competency including, but not limited to, experience in defending claims similar
to the one pending against any insured and to require independent counsel to have errors and
omissions insurance coverage. The insured agrees that such counsel will respond to our request(s)
for information regarding the claim in a timely manner and to comply with our litigation management
and billing guidelines.

NAV ESP TLKT II (05/19)

Page 18 of 20

D. Settlement
The following paragraphs outline the rights and duties of the parties’ to this policy with respect to any
settlement(s) or payment(s) for loss:
1. Voluntary Payments

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Other than emergency cleanup costs, no insured shall incur any loss or admit liability, offer to
settle, or agree to any settlement in connection with any claim without our p
written consent.
When our written consent to a settlement is requested, you must promptly provid us with all
information and particulars we may reasonably request, including, but n t imited to, nformation
which an insured may deem immaterial, in order to reach an informed dec ion as to s h
consent. Any loss resulting from any admission of liability or agreement to s tle, including any
claim expenses, incurred prior to our consent shall not be covered h reunder.

2. Offer(s) To Settle

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Furthermore, with respect to cleanup costs to which this insurance applies the insured must:
a. submit, for our preapproval, all proposed work plans prior to ubmittal o any regulatory
agency;
b. submit, for our preapproval, all bids and contracts for cle nup costs prior to execution or
issuance; and
c. forward progress reports regarding cleanup cos to us at reasonable intervals and prior to
any submittal to any regulat y agency at is autho ed to review and approve such
submittals.

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If we present and recommend any offer(s) m de by the claimant(s) to settle a claim and an
insured refuses to consent to such settlement and elects to contest the claim, our limit of liability
for any loss related to that laim, includ ng claim expense, will be limited to the amount of the
recommended settlement, pl the cost , charges and expenses incurred as of the date of your
refusal which exceed th Dedu
l
d fall within the Limits of Liability. At such time as the
insured refuses t settle a claim, we have the right to withdraw from the further defense thereof
by tendering cont ol of the defense to the insured.
3. Transfer

fense

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If we onclude tha any applicable limit of liability of this policy has been, or soon will be,
exhaus d by the payment of loss, we will so notify the first named insured in writing as soon as
possible. I the event that there are ongoing legal proceedings with respect to any claim(s)
against an in red, and any applicable limit of liability of this policy has been exhausted by the
paym t of los or if an insured has refused to consent to a settlement as outlined in Paragraph
VII. D. Offers t Settle above, we will advise you that our duty to defend has ended and that
we will no longer handle the defense of any ongoing claim(s) or new claims against an insured.
Thereafter, we will initiate and cooperate in the transfer of control of the defense of all claims to
ny appropriate insured. The exhaustion of any applicable limit of liability by the payment of loss
will not be affected by our failure to comply with any of the provisions of this section, nor will we
be obligated by operation of any rights or duties in this paragraph to defend or continue to defend
any claim or pay any loss after any applicable limit of liability of this policy is exhausted.

NAV ESP TLKT II (05/19)

Page 19 of 20

SECTION VIII. EXTENDED REPORTING PERIOD
If this policy is terminated for any of the following reasons:
1. cancellation by us for any reason other than failure to pay a premium when due or fraud or
material misrepresentation on the part of an insured as outlined in SECTION IV. CONDITIONS
OF INSURANCE, Paragraph D. Cancellation, subparts 1. and 2.; or
2. non-renewal by us; or
3. cancellation by you;

A. Automatic Extended Reporting Period

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and you have not purchased any other insurance to replace this insurance, then you
entitled to an
extended reporting period as outlined in Paragraphs VIII. A. or VIII. B. below. The quot ion by us of a
different premium, or deductible, or limit of liability, or changes in policy languag for the pu ose of
renewal, shall not constitute a refusal to renew by us. Any extended reporting pe od does n extend
the policy period or change the scope of coverage provided, nor does it act to reins te or increase any
of the limits of liability.

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Unless you opt to purchase the Supplemental Extended Repo d Perio
outlined below in
Paragraph B. of this Section, an extended reporting period of n ety (90) days will be automatically
provided to you for no additional premium. The Auto
c Extended Reporting Period begins on the
date the policy is terminated as outlined above in this Sec on and applies to claims first made
against the insured and reported to
during th Automatic xtended Reporting Period. A claim first
made and reported to us during the Automatic Ext ded Repo ing Period will be deemed to have
been made on the last day of the policy period prov ed the claim arises from a pollution incident
that first commenced prior to the end of the olicy peri d and would otherwise be covered under this
policy.

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B. Supplemental Extended Reporting Period (Opt onal)

At any time prior to or within 30 d ys followi g the date this policy is terminated as outlined above in
this SECTION VIII., you ma elect,
cation to us in writing, to purchase a Supplemental
Extended Reported Period for an additional premium of not more than 200% of the full policy
premium. The availab e duration of said Supplemental Extended Reporting Period will be up to a
maximum of thirty-six ( 6) month

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The Supplemental E ended Reporting Period begins on the date the policy is terminated as outlined
above in is Section a d applies to claims first made against the insured and reported to us during
the Supplem ntal Extended Reporting Period. A claim first made and reported to us during the
Supplemental xtended Reporting Period will be deemed to have been made on the last day of the
policy period pr ided the claim arises from a pollution incident that first commenced prior to the
th olicy p iod and would otherwise be covered under this policy. At such time as the
Supplemen al Extend Reporting Period is purchased, the Automatic Extended Reporting Period will
merge into and not be in addition to the Supplemental Extended Reporting Period.
It is condition precedent to the operation of any of your rights under this SECTION VIII. B., that you
make a written request to us expressing your intent to purchase the Supplemental Extended
Reporting Period within 30 days following the date this policy is terminated as outlined above, and
that you pay in its entirety the additional premium when due. At the commencement of the
Supplemental Extended Reporting Period the entire premium will be deemed fully earned, and, in the
event that you terminate the Supplemental Extended Reporting Period for any reason prior to its
natural expiration, we will not be liable to return any premium paid for the Supplemental Extended
Reporting Period.

NAV ESP TLKT II (05/19)

Page 20 of 20

INDIANA POLICYHOLDER NOTICE
IMPORTANT NOTICE
Questions or complaints regarding your policy or coverage should be directed to:
Navigators Specialty Insurance Company
One Penn Plaza, 50th Floor
New York, NY 10119
877-313-2195

We want you to know that you may contact the Indiana Department of Insurance
if you have a complaint or seek assistance from the governmental agency that
regulates insurance. To contact the Department of Insurance write or call:
State of Indiana Department of Insurance
Consumer Services Division
311 West Washington Street, Suite 300
Indianapolis, IN 46204
Consumer Hotline: (800) 622-4461 or (317) 232-2395
Complaints can be filed electronically at www.in.gov/idoi.

ATTACH THIS NOTICE TO YOUR POLICY.
This notice is for information only and does not become a part or condition of the
attached document.

NSIC IN NOTICE (7/09)

NOTICE OF CLAIM FORM

Please send notification to:

Mail:

Email: [email protected]

Navigators Insurance
One Hartford Plaza
Hartford, CT 06155
Telephone: 855-444-4796

Date of Notice:

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PLEASE SUBMIT ALL RELATED CORRESPONDENCE AND
DOCUMENTATION RELATING TO THIS NOTICE
Broker Name:
Address:
Email:

Policy Number:

Contact:
Telephone:

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CH26ESPZ0QKMYQN

N med Ins red:

Policy Period:

Insured Addres

From:

8/1/2026 12:00:00 AM

To:

8/1/2027 12:00:00 AM

C

tact:

Telephone:

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LOSS INFORMATION

Email:

C

ant:

Claimant Address:
Email:

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Contact:

Telephone:

Loss Date:
L ss L

Loss Description

Internal Use Only:

NENV CN 01 (04/17)

Date Received:

______________

NOTICE: Any individual who knowingly presents a false or
fraudulent claim is subject to civil and criminal penalties.

Effective 12:01 AM Std Time: August 1, 2026

Issued to: Hancock County Commissioners

Policy Number: CH26ESPZ0QKMYQN

Company: Navigators Specialty Insurance Company

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

SCHEDULE OF INSURED SITE(S) ENDORSEMENT
(WITH SITE SPECIFIC COVERAGE A RETROACTIVE DATES)

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It is hereby agreed as follows:

1. SECTION V. POLICY DEFINITIONS, paragraph P. Insured site is delet
following:

its entir y and replaced with the

P. Insured site means the real property that is scheduled below:

Address

9 E MAIN ST
98 E NORTH ST

Site Specific
Coverage A
Fungus/Legionella
Retroactive Date

City

State

Country

Site Specific
Coverage A
Retroactive Date

GREENFIELD

Indian

United States

8/1/2026

8/1/2026

GREENF

D

ndianna

United States

8/1/2026

8/1/2026

GREENFIELD

Indianna

United States

8/1/2026

8/1/2026

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921 W OSAGE ST

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Schedule of Insured Site(s)

GREE FIELD

Indianna

United States

8/1/2026

8/1/2026

1101 W MAIN ST

GREENFIELD

Indianna

United States

8/1/2026

8/1/2026

123 E MAIN ST

GREE FIELD

Indianna

United States

8/1/2026

8/1/2026

2668 N 600 W

GREENFIELD

Indianna

United States

8/1/2026

8/1/2026

GREENFIELD

Indianna

United States

8/1/2026

8/1/2026

233 E MAIN ST

GREENFIELD

Indianna

United States

8/1/2026

8/1/2026

W LAKE PO OMAC

GREENFIELD

Indianna

United States

8/1/2026

8/1/2026

111 AMERICAN LEGION PL

GREENFIELD

Indianna

United States

8/1/2026

8/1/2026

640 S FRANKLIN ST

GREENFIELD

Indianna

United States

8/1/2026

8/1/2026

4441 EAST US 40

GREENFIELD

Indianna

United States

8/1/2026

8/1/2026

119 W NORTH ST

GREENFIELD

Indianna

United States

8/1/2026

8/1/2026

3892 EAST 200 NORTH

GREENFIELD

Indianna

United States

8/1/2026

8/1/2026

398 MALCOLM GRASS WAY

GREENFIELD

Indianna

United States

8/1/2026

8/1/2026

206 E. MAIN ST.

GREENFIELD

Indianna

United States

8/1/2026

8/1/2026

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972 E PARK AVE

1 2 MILE E OF 2

8N

Form No: NENV 9005 (05/19)

Page 1 of 2

Effective 12:01 AM Std Time: August 1, 2026

Issued to: Hancock County Commissioners

Policy Number: CH26ESPZ0QKMYQN

Company: Navigators Specialty Insurance Company

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

City

State

Country

Site Specific
Cov age A
Ret act
Date

Site Specific
Coverage A
Fungus/Legionella
Retroactive Date

601 W OSAGE ST

GREENFIELD

Indianna

United States

8/1/2026

8/1/2026

4869 E US 40

GREENFIELD

Indianna

United St

8/

Not Offered

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Address

026

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2. Solely with respect to the Schedule of Insured Site(s) listed in Item 1. above in this endorsement, the applicable
Coverage A Retroactive Date listed in Item 4. of the Declarations is re laced with the applicable site-specific
Coverage A Retroactive Date listed in the Schedule of Insured it ) in Ite
ove in this endorsement.

me.

Sp

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All other terms, conditions, and exclusions shall remain the

Form No: NENV 9005 (05/19)

Page 2 of 2

Effective 12:01 AM Std Time: August 1, 2026

Issued to: Hancock County Commissioners

Policy Number: CH26ESPZ0QKMYQN

Company: Navigators Specialty Insurance Company

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COVERAGE A - CAPITAL IMPROVEMENTS EXCLUSION (LIMITED) ENDORSEMENT
It is hereby agreed as follows:

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1. SECTION I. COVERAGE AND COVERAGE EXCLUSIONS, Subsection D. Common olicy Exclusions
Applicable to All Coverages, is hereby amended by the addition of the following xclusion:
Capital Improvements

based upon or arising out of any cost to dispose, treat or remove any soil, fill, so -like material, groundwater,
runoff, or other material that is necessary to facilitate or implement a capital improvement at an insured
site(s).

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This exclusion does not apply to any claims for bodily inj y or proper

damage.

Furthermore, this exclusion also does not apply to any claim itiated by a governmental entity for cleanup
costs, but only if and to the extent such claim require the dispos treatment or removal any soil, fill, soil-like
material, groundwater, runoff or other material beyond w at is necessary to facilitate or implement the capital
improvement.

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2. SECTION V. POLICY DEFINITIONS is hereby amend d by the addition of the following definition:
Capital improvement means any ac ity related to:
1. the construction, installation, improvement, alteration, demolition, removal or repair of structures or
buildings, including any associated underground services, structures or utilities; or

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2. site developm
rk in din
ut not limited to, site re-grading, soil excavation or removal, or dewatering
that is relate to the eparation for or actual construction, installation, improvement, alteration, demolition,
removal o repair of st ctures or buildings, including any associated underground services, structures or
utilities.

A l other terms condition

and exclusions shall remain the same.

Form No: NENV 9036 (10/21)

Page 1 of 1

Effective 12:01 AM Std Time: August 1, 2026

Issued to: Hancock County Commissioners

Policy Number: CH26ESPZ0QKMYQN

Company:Navigators Specialty Insurance Company

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COVERAGE B - AMENDMENT TO SITE SPECIFIC ENDORSEMENT
(SUBJECT TO COVERAGE B RETROACTIVE DATE)

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It is hereby agreed as follows:

1. SECTION I. COVERAGES AND COVERAGE EXCLUSIONS, Coverage B
site Activities is deleted in its entirety and replaced with the following:

llution iability for Your Off-

B. Pollution Liability for Your Transportation and Non-Owned Loc ions

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1. Third Party Claims for Bodily Injury, Property Damage or Cleanup Costs

We will pay on behalf of the insured those sums that e insured comes legally obligated to pay as
loss resulting from any claim(s) for bodily injury, prop rty damage or cleanup costs caused by a
pollution incident:

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a. located at, on or under a non-owned locatio or located beyond the boundaries of a non-owned
location if the pollution incident m rated from he non-owned location, but only if the waste or
materials giving rise to the pollution in ident or ginated at an insured site; or
b. resulting from transportation ctivities;
that first commences on or after the Cover ge B Retroactive Date stated in Item 4. of the
Declarations, provided t at such claims are first made against the insured and reported to us
during the policy period, r, if applicable, during the extended reporting period.
2. Emergency Cleanup Costs for Your Transportation Activities

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We will pay those s ms that y u first incur as emergency cleanup costs caused by a pollution
incident
g from
portation activities, provided the pollution incident first commences
during the policy eriod.
This p
y applies t only those emergency cleanup costs incurred by you within fifteen (15) calendar
days afte he pollu ion incident first commences or incurred thereafter as pre-approved by us in
writing. Furt r you must report the pollution incident giving rise to such costs to us no later than
t
30) cale dar days after it first commenced.

2. SECTION V. POLICY DEF NITIONS, is amended by the addition of the following definitions:
Cargo means your goods, products or wastes.
Covered auto means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including
any attached machinery or equipment.
Transportation activities means the movement of cargo by you, or by a third-party properly licensed to carry
cargo, using a covered auto, rolling stock or water craft:
1. while in due course of transit beyond the legal boundaries of an insured site or your property(ies);
2. travelling to or from an insured site, including the loading and unloading of your cargo when the point of
origin or final destination is any location other than an insured site or your property(ies); and
3. excepting there from, any cargo at rest for a period longer than seven (7) calendar days.
All other terms, conditions, and exclusions shall remain the same.

Form No: NENV 9171 (05/19)

Page 1 of 1

Effective 12:01 AM Std Time: August 1, 2026

Issued to:

Policy Number: CH26ESPZ0QKMYQN

Company: Navigators Specialty Insurance Company

Hancock County Commissioners

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ABSOLUTE PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES EXCLUSION ENDORSEMENT
It is hereby agreed as follows:
1. SECTION I. COVERAGES AND COVERAGE EXCLUSIONS, subsection D. Common Policy Exclusions
Applicable to All Coverages, is amended by the addition of the following exclusion:
Perfluoroalkyl and Polyfluoroalkyl Substances (PFAs)
based upon or arising out of any claim or loss alleging actual or threatened injury or damage of any nature or
kind, including, but not limited to, bodily injury, property damage, cleanup costs or emergency cleanup
costs, which arises out of, or relates in any way to PFAs, including but not limited to:
a. manufacturing, handling, sale, distribution, marketing, installation, repair, removal, abatement, replacement,
or handling of PFAs or products containing PFAs; or
b. an actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of PFAs
whether intentional or unintentional; or
c. consumption, ingestion, presence, inhalation or use of, contact with or exposure to, PFAs, whether by
direct or passive exposure.
d. request, demand, order, or other requirement (whether statutory or regulatory) that any insured or others
for, investigate for, monitor, clean up, abate, remove, remediate, contain, treat, detoxify or neutralize,
test dispose of, or in any way respond to, or assess the effects of PFAs; or
e. claim or suit by or on behalf of a governmental authority for damages because of testing for, investigating
for, monitoring, cleaning up, abating, removing, remediating, containing, treating, detoxifying or neutralizing,
disposing of or in any way responding to or assessing the effects of PFAs.
2. SECTION V. POLICY DEFINITIONS is amended by the addition of the following:
PFAs means:
1. any substance, material, or compound that is or contains per-and polyfluoroalkyl substances, including but
not limited to perfluorobutanoic acid (PFBA), perfluorohexanoic acid (PFHxA), perfluoroheptanoic acid
(PFHpA), perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), perfluorodecanoic acid (PFDA),
perfluoroundecanoic acid (PFUnA), perfluorododecanoic acid (PFDoDA), perfluorobutane sulfonic acid
(PFBS), perfluorohexane sulfonic acid (PFHxS), perfluorooctane sulfonic acid (PFOS), and perfluorooctane
sulfonamide (FOSA).
2. any substance, material, or compound that is identified or acknowledged by any federal, state, international
or other governmental agency or authority, including but not limited to the United States Environmental
Protection Agency (EPA), the Centers for Disease Control and Prevention (CDC), the Agency for Toxic
Substances and Disease Registry (ATSDR), the National Institutes for Health (NIH), and the International
Agency for Research on Cancer (IARC):
a. as or to contain a per-and polyfluoroalkyl substance; or
b. to exhibit or demonstrate the same or similar harmful properties as a per-and polyfluoroalkyl substance.
3. any constituents, additives, degradation, break down, or by-products to or of any substance, material or
compound set forth in subparagraphs a. and b. above, including but not limited to homologues, isomers,
salts, esters, alcohols, acids, and precursor chemicals, compounds and derivatives.
4. any substance, material, compound, or product identified in Schedule A. below.
SCHEDULE A - Specifically Excluded Substances, Materials, Compounds, or Products
Form No: NENV 9221 (10/21)

Page 1 of 2

Effective 12:01 AM Std Time: August 1, 2026

Issued to:

Policy Number: CH26ESPZ0QKMYQN

Company: Navigators Specialty Insurance Company

Hancock County Commissioners

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Schedule A – Specifically Excluded Substances, Materials, Compounds, or Products:

All other terms, conditions, and exclusions shall remain the same.

Form No: NENV 9221 (10/21)

Page 2 of 2

Effective 12:01 AM Std Time: August 1, 2026

Issued to: Hancock County Commissioners

Policy Number: CH26ESPZ0QKMYQN

Company: Navigators Specialty Insurance Company

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FUNGUS/LEGIONELLA DELETION ENDORSEMENT

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Solely with respect to the insured site(s) scheduled below it is hereby agreed th SECTION V. POLICY
DEFINITIONS, paragraphs X. Pollutant and Y. Pollution incidents are deleted in the r entir y and replaced with
the following:
X. Pollutant means any solid, liquid, gaseous or thermal irritant or cont inant, in luding but not limited to,
smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, ha ardous
bstances, petroleum
hydrocarbons, methaphetamines, low level radioactive materials, electromagnetic fields, and waste. Waste
includes but is not limited to medical, infectious, and pathologic l wastes. Pollutant does not include
fungus or legionella pneumophilia.

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Y. Pollution incident means:

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1. the discharge, dispersal, release, seepage or escap of any pollutant into or upon land, or any
structure on land, the atmosphe or any wa rcourse or dy of water, including groundwater;
2. the discharge, dispersal, release, seepage o escape o any pollutant into or upon land, or any
structure on land, the atmosphere or ny water urse or body of water, including groundwater, that
results directly from a cyber attack;
3. the discharge, dispersal, release seepage r escape of silt or sediment beyond the legal boundaries of
a jobsite or insured site; or
4. the illicit abandonment of any pollutant by a hird party without your knowledge at an insured site or
jobsite at which you perform your work.
Pollution incident does no includ
naturally present in th environment.

pollutant that does not exceed the amount or concentration

Sp

Scheduled Insured Sites

All other terms, cond ons, and

Form No: NENV Manuscript

Residential buildings at any insured site(s)

clusions shall remain the same.

Page 1 of 1

© 2024 by The Hartford. Classification: Company Confidential. No part of this document may be reproduced, published, or used without the permission of The Hartford.

Effective 12:01 AM Std Time: August 1, 2026

Issued to: Hancock County Commissioners

Policy Number: CH26ESPZ0QKMYQN

Company: Navigators Specialty Insurance Company

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SCHEDULE OF UNDERGROUND STORAGE TANK SYSTEM(S)
WITH RETROACTIVE DATE ENDORSEMENT

d. Underground Storage Tank Systems

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It is hereby agreed SECTION I. COVERAGES AND COVERAGE EXCLUSIONS, subsection C Coverage A
Exclusions, paragraph d. Underground Storage Tank Systems, is deleted in its en ety and rep ced with the
following:

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based upon or arising out of the presence or former presence of ny underground storage tank
system(s) at an insured site. However, this exclusio d s not ap
any underground storage
tank system(s):

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(1) listed on a Schedule of Underground Storage Tan System(s below in this endorsement, provided,
however, that any pollution incident ar ing from a cheduled underground storage tank
system must first commence on or after t Undergro d Storage Tank System Retroactive Date
listed below for each respective undergroun storage tank system;
(2) removed or abandoned in-place pr to the inc ption date, provided any removal or abandonment
in-place by you or on your behalf wa conduct d in compliance with all applicable federal, state,
municipal or provincial regul
ns at the me of such removal or abandonment in-place; or
(3) the existence of which is unknown to all r sponsible insured(s) as of the inception date of this
policy.
dule

Unde ground Storage Tank Systems

Tank
#

Installation
Date

Capacity
(gallons)

Tank
Construction
Type

Tank
Contents

921 W O

e

UST

5/2025

1000

POLY

123 W MAIN

UST

10/1988

2000

STEEL

OIL/WAT
ER
DSL
FUEL

Sp

Site Address

Underground
Storage Tank
System
Retroactive
Date
8/1/2026
8/1/2026

All other terms, conditions, and exclusions shall remain the same.

Form No: NENV 9061 (05/19)

Page 1 of 1

Effective 12:01 AM Std Time: August 1, 2026

Issued to: Hancock County Commissioners

Policy Number: CH26ESPZ0QKMYQN

Company: Navigators Specialty Insurance Company

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS INTERRUPTION ENDORSEMENT (AT YOUR INSURED SITE(S))

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Solely with respect to the coverage afforded by this endorsement, it is hereby agreed as follows:
1. Item 3. LIMIT OF LIABILITY, DEDUCTIBLE of the Declarations is amended with the ddition of the following:
Business
Interruption
Deductible
Period
(Days)

Business
Interruption
(Days)
imi

im

Coverage

Business
Interruption
Co-Insurance
(%)

3

Business Interruption

0%

365

Business Interruption Limit

$5,000,000 Each Incident Limit
5,000,000 Aggregate Limit

2. SECTION I. COVERAGES AND COVERAGE EXCLUS ONS is amended by the addition of the following
coverage part:
Business Interruption

1.
2.

d pol ion i cident during the policy period;
you first discover the c v
report any interruption to us during the policy period in writing no later than thirty (30) days following your
discovery of the inte ruption; and
submit to us a comple ed Busine s Income Report Worksheet reflecting the financial data for your
operations at
insur site xperiencing an interruption within thirty (30) days after reporting the
interruption to us.

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3.

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We will pay your business interruption loss result ng from an interruption directly caused by a covered
pollution incident located at, on or under an insured site, provided:

If the interrupti n is cause by a covered pollution incident and any other cause, we will pay only for that
portion of busines interruption loss attributable solely and directly to such covered pollution incident.
The k

of a co

red pollution incident by a responsible insured constitutes discovery on your part.

3. SECTION V. POLICY DEFINITIONS is amended by the addition of the following definitions:
Busines income means:
1.
2.

Net Income (net profit or loss before income taxes), including rental income from tenants, that would have
been earned or incurred had there been no interruption, but only if and to the extent such income existed
prior to commencement of a covered pollution incident; and
Continuing normal operating expenses, including payroll expenses except those payroll expenses for any
of your officers, directors, managers, or contract employees;

Business income does not include any interest payments, dividends, capital gains, or other profit from
investments.

Form No: NENV 9073 (05/19)

Page 1 of 4

Effective 12:01 AM Std Time: August 1, 2026

Issued to: Hancock County Commissioners

Policy Number: CH26ESPZ0QKMYQN

Company: Navigators Specialty Insurance Company

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

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Business interruption loss means lost business income or extra expense incurred by you during the
period of restoration. However, to the extent that business interruption loss can b reduced by the partial
or complete resumption of your operations at the insured site, or at an alternate l catio such reductions will
be considered in calculating any business interruption loss.
Covered pollution incident means a pollution incident to which cleanup c sts under SECTION I.
COVERAGES AND COVERAGE EXCLUSIONS, coverage A. Pollution Lia ility for
ur Insured Site(s) of
this policy applies. There is no coverage afforded under this endorsement for any business interruption loss
arising from any pollution incident that is excluded or otherwise not covered under this policy.
Extra expense means expenses that are:

2.

incurred by you that would not have been incurr
ad there b n no interruption due to a covered
pollution incident; and
both reasonable and necessary to void or m imize the terruption, but only if and to the extent such
expenses actually avoid or minimize lost busin s income hat would otherwise be covered under this
endorsement.

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1.

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Extra expense includes costs you incur to rent mporary premises when a portion of an insured site
occupied by you becomes untenantable du to a cove d pollution incident, but up to and not to exceed the
fair rental value of the untenantable portion of the building occupied by you. Extra expense will be reduced by
the amount and to the extent of any salvage value of any property used temporarily during the interruption.
Interruption means the necess
susp
i
whether partial or complete, of your business operations at an
insured site attributable solely and directly to a covered pollution incident.

Sp

Period of restoration m ans the p riod of time first commencing on the date your business operations at an
insured site are
arily
ed due to a covered pollution incident, and ending on the earlier of the
following times: 1) the d e on which it should be reasonable to remedy the covered pollution incident to the
minimum ext t required to resume your operations at the insured site, or (2) the date on which your business
operations are
sumed a a new permanent location. The period of restoration does not include any
subsequent time
yond the period noted above, even if business interruption loss continues due to
unfavorable busines mpact or interference by employees or other persons as a result of the covered
poll
nt.

4. SECTION III. LIMITS OF LIABILITY; DEDUCTIBLE is amended by the addition of the following paragraph:
Busines Interruption Limits
Subject to Paragraphs B., C. and D. of SECTION III. LIMITS OF LIABILITY; DEDUCTIBLE, the most we will
pay under this policy for all business interruption loss is the lesser of the following:
1.
2.

Business Interruption Limits shown in Item 3. of the Declarations for all incidents, regardless of the number
of insureds, insured sites, or covered pollution incidents; or
with respect to an interruption caused by the same, related or continuous covered pollution incident(s),
the business interruption loss incurred by you during the first Business Interruption (Days) Period
following the Business Interruption Deductible Period, each shown in Item 3. of the Declarations.

Form No: NENV 9073 (05/19)

Page 2 of 4

Effective 12:01 AM Std Time: August 1, 2026

Issued to: Hancock County Commissioners

Policy Number: CH26ESPZ0QKMYQN

Company: Navigators Specialty Insurance Company

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Coverage is subject to the Business Interruption Co-Insurance shown in Item 3. of the Declarations. The
Business Interruption Co-Insurance is to be born by you at your own risk and is
remain uninsured.
SECTION III. LIMITS OF LIABILITY; DEDUCTIBLE, paragraph F. Deductib
replaced with the following:
F. Business Interruption Deductible Period

s delete in its entirety and

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5.

6.

im

The Business Interruption Deductible Period shown in Item 3. of th Declarations applies to all business
interruption loss arising out of one covered pollution incident, or o t of the s me, related or continuous
covered pollution incident(s). This policy applies to bu ine interr
n loss incurred by you only
after the Business Interruption Deductible Period. You are respon ble for all business interruption loss
incurred during the Business Interruption Deductible
od.
SECTION V. POLICY DEFINITIONS, pa graph R

ss, is here

amended by the addition of the following:

Loss includes business interruption los

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7. SECTION IV. CONDITIONS OF INSURANCE, pa graph O. Subrogation is deleted in its entirety and
replaced with the following:
Notwithstanding any obligations of the sured in he event of any payment under this insurance by us, we shall
be subrogated to all the in ure
right
f
overy against any person or organization. You agree to
cooperate with us and to execute and deliver all instruments and papers and do whatever else is necessary to
enforce such rights.

Sp

After the deductio
y exp
ncurred by us in making a subrogation recovery, any remaining monies
shall first accrue to you to e extent of any payment in excess of the limits of liability, then to us to the extent of
our payment der the poli y, then to you to the extent of your payment of the deductible.

8

SECTION IV. COND IONS OF INSURANCE is amended by the addition of the following condition:
Business Inter uption Ap aisal

If you disagree with us on the amount of business interruption loss, either party may make a written demand
for an ap raisal of the business interruption loss. If an appraisal demand is made, each party will select a
competent and impartial appraiser and notify the other party of the appraiser’s identity within 21 days of receipt
of the written demand.
The appraisers will state separately the amount of business interruption loss. If the appraisers fail to agree to
a resolution, they will submit their differences to an umpire. If the appraisers cannot agree on an umpire, either
appraiser may request that selection be made by a judge of a federal district court located in the jurisdiction
where the policy was issued to the first named insured. A decision agreed to by the appraisers, or the umpire,
if necessary, will be binding upon both parties.
Further, each party will:

Form No: NENV 9073 (05/19)

Page 3 of 4

Effective 12:01 AM Std Time: August 1, 2026

Issued to: Hancock County Commissioners

Policy Number: CH26ESPZ0QKMYQN

Company: Navigators Specialty Insurance Company

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

pay its own chosen appraiser; and
share equally those costs associated with any other expenses related to t
the umpire, if applicable.

appraisa

rocess, including

en

1.
2.

y all or part of any

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Notwithstanding the foregoing, even if there is an appraisal, we still retain our ight to d
loss or claim.

Sp

ec

All other terms, conditions, and exclusions shall remain the same.

Form No: NENV 9073 (05/19)

Page 4 of 4

Effective 12:01 AM Std Time: August 1, 2026

Issued to: Hancock County Commissioners

Policy Number: CH26ESPZ0QKMYQN

Company: Navigators Specialty Insurance Company

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MUNICIPALITY COVERAGE AMENDATORY ENDORSEMENT
It is hereby agreed as follows:

Deed Restriction / Institutional Control

(2)

any costs, charges or expenses to implement, maintain, or operate engineered arriers, deed restrictions,
or other institutional controls to achieve remediation objectivities for the insured ite, including, but not
limited to prohibiting the use of groundwater, restricting the site o industrial/commercial use, or installing
engineering barriers or vapor control systems to the fullest extent permissible by the applicable regulatory
agency to comply with environmental laws; or
based upon or arising out of any insured’s violation of r non ompliance with any land use restriction or
engineered control that exists or are to be implemented on the i ured site.

im

(1)

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1. SECTION I. COVERAGE AND COVERAGE EXCLUSIONS, Subsection C. 1. Coverage A Exclusions, is
hereby amended by the addition of the following exclusions:

Facility Inspections, Maintenance, Upgrades and Improvements
any costs, charges or expenses for the:
(1)
(2)

routine evaluation, inspection, maintenan
cleaning r repair of; or
maintenance, upgrade or improv ment of,
installation and/or operation of any control to,

(1)
(2)

ec

any building system, component, e uipment or process on, at, under or within any insured site. Furthermore,
this exclusion will apply even if such costs, char es or expenses are:
required by any ordinance code, o
, including environmental law; or
the result of, or related to, cleanup costs, emergency cleanup costs, or loss otherwise covered
under this policy.

Odors

ect to wast water treatment, based upon or arising out of odor(s) on, at or migrating from an

Sp

s ly with e
insured site.

Howe
exclusi will not apply to any pollution incident that migrates from an insured site, provided
pollution cident is
a. both unexpected and unintended from the standpoint of the insured; and
b. discovered by you no later than fifteen (15) calendar days after it begins and is reported to us during the
policy period in writing no later than thirty (30) calendar days following discovery.

Water / Wastewater Treatment
any costs, charges or expenses to test or treat water or wastewater, whether contaminated or not.
However, this exclusion does not apply to an unexpected or unintended discharge, dispersal, release, seepage
or escape of pollutant(s) into or upon land, or any structure on land, the atmosphere or any watercourse or
body of water, including groundwater, from a tank, container, pipe, building system, or process equipment in
your care, or your custody, or your control.

NENV 9274 (11 25)

Page 1 of 2

Effective 12:01 AM Std Time: August 1, 2026

Issued to: Hancock County Commissioners

Policy Number: CH26ESPZ0QKMYQN

Company: Navigators Specialty Insurance Company

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Landfill Material
based upon or arising out of any landfill material, sludge beds or other waste located at, on, or under an
insured site. However, this exclusion shall not apply to sludge stored temporarily on the insured site pursuant
to regulatory requirements and the insured’s Biosolids Permit(s).

en

Operational Non-Compliance
based upon or arising out of the intentional, willful, or deliberate failure to comply with ny operati nal permits
issued by any municipal, state, or federal government entity.
Combined Sewer Backup and Overflows

Lead at Shooting Ranges

im

based upon or arising out of any sewer backup(s) associated with a c
both wastewater as well as surface water runoff.

based upon or arising out of any lead o lead-con
gun range.

ng materia

2. SECTION V. POLICY DEFINITIONS is hereby a ended wi

bined ewer system(s) that collects

associated with any shooting, firing, and/or

the addition of the following:

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Sewer backup means the escape or back-up of se age or wastewater from any sewage treatment facility,
drain, sump, or fixed conduit or pip ng.
ain the same.

Sp

All other terms, conditions, and exclus ons shall

NENV 9274 (11 25)

Page 2 of 2

Effective 12:01 AM Std Time: August 1, 2026

Issued to: Hancock County Commissioners

Policy Number: CH26ESPZ0QKMYQN

Company: Navigators Specialty Insurance Company

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ENVIRONMENTAL CRISIS MANAGEMENT ENDORSEMENT

en

Solely with respect to the coverage afforded by this endorsement, it is hereby agreed a follows:
1. Item 3. LIMIT OF LIABILITY, DEDUCTIBLE of the Declarations is amended w
Crisis Management Fees
Each Event Deductible ($)
$0 Each Event

Coverage

ion of the following:

Crisis Management Fees Limit

250,000 Each Event
$250,000 Total of All Events

im

Environmental Crisis
Management

the ad

2. SECTION I. COVERAGES AND COVERAGE EXCLUSIONS
coverage part:

amended by the addition of the following

Environmental Crisis Management

We will pay those crisis management fees incurre by you as a direct result of a crisis management event
to which this insurance applies, but only if he crisis m nagement event:

ec

a. first commences during the policy period;
b. relates to a pollution incident, and any resu ting bodily injury, property damage, or cleanup costs, that
are otherwise covered by, an not ex
under, this policy; and
c. is discovered by you and reported in writing to us during the policy period.

Sp

The knowledge of a crisis m nageme t event by a responsible insured constitutes discovery on your part.
Furthermore, the
n inc
which this coverage applies must be unknown to any responsible
insured as of the inceptio date of this policy, or the effective date of any policy issued to you by us to which
this policy is a newal, but nly if the prior policy(ies) also included coverage for crisis management fees.

3

SECTION III. LIMIT

OF LIABILITY; DEDUCTIBLE is amended by the addition of the following paragraph:

nmenta Crisis M

agement Event Sublimit

All public annou cements or accusations, and all crisis management fees, based upon or arising out of any
same, related or continuous pollution incident(s), including a repeat or resumption of a previous pollution
inciden will be treated as a single crisis management event.
Subject to Paragraphs B., C., D. and F. of SECTION III. LIMITS OF LIABILITY; DEDUCTIBLE, the most we
will pay under this policy for all crisis management fees is the Crisis Management Fees Each Event Limit /
Crisis Management Fees Total of All Events Limits shown in Item 3. Of the Declarations, regardless of the
number of public announcements or accusations.

4. SECTION V. POLICY DEFINITIONS, Paragraph R. Loss in is amended by the addition of the following:
Loss includes any crisis management fees to which this insurance applies.
5. SECTION V. POLICY DEFINITIONS, is amended by the addition of the following definitions:

Form No: NENV 9111 (05/19)

Page 1 of 2

Effective 12:01 AM Std Time: August 1, 2026

Issued to: Hancock County Commissioners

Policy Number: CH26ESPZ0QKMYQN

Company: Navigators Specialty Insurance Company

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

en

Crisis management consultantmeans a professional firm or consultant that provides
is management
services which has been approved in writing by us, the approval for which shall not be unre onably withheld.
Crisis management event means the public announcement or accusation by a th d party tha you caused a
pollution incident:
1. resulting in bodily injury involving multiple third parties;
2. resulting in property damage to, or cleanup costs at, real proper es owned by multiple third parties; or
3. that presents an imminent and substantial danger to human health o the envi nment.
and expenses:

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Crisis management fees mean those reasonable and necessary fe

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1. incurred by you during the period beginning on the date e crisis management event is discovered and
ending ninety (90) days thereafter; d
2. for services provided to you by a crisis managem nt consu ant for the sole purpose of assisting you
with:
a. managing the media in direct respons to a crisis anagement event to which this insurance applies;
or
b. minimizing the economic harm you caus d by a crisis management event to which this insurance
applies by consulting you with respect to maintaining and restoring your public image or reputation.
s to minimize crisis management fees.

Sp

The insured must take reasonable st

All other terms, conditions, and exclusions shall remain the same.

Form No: NENV 9111 (05/19)

Page 2 of 2

Effective 12:01 AM Std Time: August 1, 2026

Issued to: Hancock County Commissioners

Policy Number: CH26ESPZ0QKMYQN

Company: Navigators Specialty Insurance Company

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FULL TERRORISM EXCLUSION (INCLUDING CERTIFIED ACT OF TERRORISM) ENDORSEMENT
It is hereby agreed as follows:

en

1. SECTION I. COVERAGES AND COVERAGE EXCLUSIONS, subsection D
mmon P icy Exclusions
Applicable to All Coverages, is amended by the addition of the following exclusion
Terrorism

im

based upon or arising, directly or indirectly, out of any act of t
ism, in di
ut not limited to, a certified
act of terrorism, regardless of any other cause or event that contrib es concurrently or in any sequence to the
claim or loss.
2. SECTION V. POLICY DEFINITIONS, is a ended by

e addition f the following definitions:

certified y the Secretary of the Treasury, to be an act of
Certified act of terrorism means an act tha
terrorism pursuant to the federal Terrorism Risk surance Act. The criteria contained in the Terrorism Risk
Insurance Act for a certified act of terro m includ he following:

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1. The act resulted in insured loss s in excess of $5 million in the aggregate, attributable to all types of
insurance subject to the Ter orism
k Insur nce Act; and

Sp

2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed
by an individual or indiv uals as p rt of an effort to coerce the civilian population of the United States or to
influence the p
affe
nduct of the United States Government by coercion.

Al th

,

itions, an exclusions shall remain the same.

Form No: NENV 9103 (05/19)

Page 1 of 1

Effective 12:01 AM Std Time: August 1, 2026

Issued to: Hancock County Commissioners

Policy Number: CH26ESPZ0QKMYQN

Company: Navigators Specialty Insurance Company

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TERRORISM EXCLUSION WITH CERTIFIED ACT OF TERRORISM EXCEPTION ENDORSEMENT

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It is hereby agreed as follows:
1. SECTION I. COVERAGES AND COVERAGE EXCLUSIONS, subsection D. C mmon Po cy Exclusions
Applicable to All Coverages, is amended by the addition of the following exclusion
Terrorism

im

based upon or arising, directly or indirectly, out of any act of terrorism gardless f any other cause or event
that contributes concurrently or in any sequence to the claim o lo
How
s exclusion does not apply to
a certified act of terrorism.
2. SECTION V. POLICY DEFINITIONS is amended by the addit

of the fol wing definition:

Certified act of terrorism means an act that is ce fied by the Secretary of the Treasury, to be an act of
terrorism pursuant to the federal Terrorism Risk Insura e Act. The criteria contained in the Terrorism Risk
Insurance Act for a certified act of terrorism
lude the f lowing:
1. The act resulted in insured losses i excess
$5 million in the aggregate, attributable to all types of
insurance subject to the Terrorism Risk Insurance A t; and

ec

2. The act is a violent act or an act t at is dangerous to human life, property or infrastructure and is committed
by an individual or individuals as p t of an fort to coerce the civilian population of the United States or to
influence the policy or affect the condu
he United States Government by coercion.

Sp

3. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act
exceed $100 billion in a ca endar ye r and we have met our insurer deductible under the Terrorism Risk
Insurance Act, we ha ot be
or the payment of any portion of the amount of such losses that exceeds
$100 billion, and n such c e insured losses up to that amount are subject to pro rata allocation in accordance
with procedur
stablished y the Secretary of the Treasury.

4 The terms and limit ions of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion,
do not serve to create overage for injury or damage that is otherwise excluded under this policy.
All other terms, cond ons, and

Form No: NENV 9104 (05/19)

clusions shall remain the same.

Page 1 of 1

From:
To:
Cc:
Subject:

Brian Brees
Amber Karkowski; Sara Hilderbrand
Brenda Russell; Brian Brees
FW: Hancock County Environmental -PREMIUMS only table for $3 & $5 MM limits with various retention optionsHancock County Commissioners / County Council Joint Meeting Info
Friday, September 25, 2026 9:55:53 AM
WHI_cde327e2-9243-49dc-9d2a-8fac4df42a35.png
Hancock County Commissioners - 2026 Hartford Option (FULL).pdf

Date:
Attachments:

External Email
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Good morning AmberPer Council’s request- I have attached a full policy specimen for their review. Table below reflects a
“PREMIUM ONLY” for the various requested options.
Please keep in mind that the values below are premiums only and the $675 R&D and applicable 2.5% SL
taxes and fees need to be applied to each.
(If Selected-Terrorism Risk Coverage add 3%)
TERM(YEARS)

LIMIT

AGGREGATE

PREMIUM
w/ $100K

PREMIUM
w/ $50K

1

$3,000,000

$3,000,000

$26,695

$28,495

3

$3,000,000

$3,000,000

$47,250

$50,436

1

$5,000,000

$5,000,000

$34,537

$36,865

3

$5,000,000

$5,000,000

$61,130

$65,251

WITH 200 ACRES
1

$3,000,000

$3,000,000

$30,316

$32,359

3

$3,000,000

$3,000,000

$53,659

$57,276

1

$5,000,000

$5,000,000

$39,221

$41,865

3

$5,000,000

$5,000,000

$69,421

$74,101

WITH 650 ACRES
1

$3,000,000

$3,000,000

$34,105

$36,404

3

$3,000,000

$3,000,000

$60,366

$64,436

1

$5,000,000

$5,000,000

$44,123

$47,098

3

$5,000,000

$5,000,000

$78,099

$83,364

*EASEMENTS ADDED AT NO ADDITIONAL PREMIUM

Highlighted coverages for consideration:
Essentially, the policy is to cover the OWNED locations of the named insured as well as their operations
away from their owned locations.
A – Pollution Liability for Your Insured Sites

1. Cleanup Costs caused by a pollution incident on, at or under an insured site or beyond the legal
boundaries of an insured site.

a. Commences on or after Retro Date, provided that the incident occurred during a policy period
2. Third Party Claims for Bodily Injury, Property Damage or Cleanup Costs caused by a pollution incident
on, at or under an insured site or beyond the legal boundaries of an insured site.

a. Commences on or after Retro Date, provided that the incident occurred during a policy period
3. Emergency Cleanup Costs Payment for sums incurred as Emergency Cleanup Costs caused by a
pollution incident on, at or under an insured site or beyond the legal boundaries of an insured site.

a. First commences during a policy period, ECC costs incurred by you within 15 calendar days
after the pollution incident commences or incurred thereafter as pre-approved in writing by
carrier. 30-day reporting
                                                               i.      Emergency cleanup costs means those reasonable and necessary expenses
incurred by you in order to investigate, test, monitor, abate, remove, remediate,
neutralize, clean or dispose of soil, sediment groundwater, surface water, or other
contamination in response to a pollution incident that:

1. 1. first commences during the policy period;
2. 2. presents an imminent and substantial danger to human health or the
environment; and

3. 3. requires an immediate response by you in order to mitigate or reduce
potential loss to which coverage under this policy applies or would apply but for
the absence of a claim against you.
B – Pollution Liability for Your Off-Site Activities (Similar to Contractors Pollution Liability)

1. Third Party Claims for BI/PD or Cleanup costs which result from the activities of your business away
from the locations you own, rent or occupy

a. Must occur after the retro date on the policy, during a policy period or, if applicable, during the
extended reporting period

2. Emergency Cleanup Costs Payment for sums incurred as Emergency Cleanup Costs caused by a
pollution incident which resulted from activities of your business and emanating from a location other
than your properties
Limited Capital Improvements Exclusion
the construction, installation, improvement, alteration, demolition, removal or repair of
structures or buildings, including any associated underground services, structures or utilities;
or
Site development work
Transportation Pollution Liability and Non-Owned Disposal site coverage is included on a claim made

basis.
There are two Underground Storage Tanks covered on the proposed policy.    
Business Interruption coverage
Municipality Coverage Amendatory Endorsement (added exclusions)
Deed Restriction/Institutional Controls
Facility Inspections, Maintenance, Upgrades and Improvements
Odors
Water/Wastewater Treatment
Landfill material
Operational Non-Compliance
Combined Sewer Backup and overflows
Lead at Shooting ranges
Coverage Offered:
Pollution Liability for Your Insured Sites– Claims Made; $5mil/$5mil Limits; $50k Deductible
Pollution Liability for Your Off-Site Activities– Claims Made; $5mil/$5mil Limits; $50k Deductible
Features of these quotes:
Not Subject to Audit
25% Minimum Earned Premium
Supplemental Claim Expense Limit: $1,250,000
Schedule of Underground Storage Tank System(s) with Retroactive Date Endorsement
Business Interruption Endorsement At your Insured Sites ($5mil/$5mil Limits; 3 Day Deductible
Period; 365 Day Limit)
Environmental Crisis Management Endorsement ($250k/$250k Limits; $0 Deductible)
*Please note this policy may not respond to a loss or claim, including defense cost, arising out of a
COVID incident.
*We highly recommend you review the full quote, terms, and conditions attached to this email
To bind coverage, carrier requires:
Agents written instructions to bind coverage
Signed and dated TRIA form.
Clarification of the address for the range house at "1 2 MILE E OF 2668 N, Greenfield, IN" Required at
Binding
Copy of GL, Property, Pollution, and Auto loss runs over the last 5 yrs. Required at Binding
If pre-existing coverage is wanted, please provide copies of any Environmental reports and
correspondence with Environmental regulatory agencies - Required at Binding
Completed and signed Navigators Environmental Application - Required at Binding
IN Diligent Search Statement form completed with three (3) declining companies and signed by
producing agent.
Please alert us of any entity(s) requiring a designated Additional Insured endorsement OR 30-day
Notice of Cancellation endorsement prior to binding.
To add, we need the entity’s name and address (including zip code).
PLEASE NOTE: Surplus Lines insurance companies will charge $250.00 in additional premium

(plus applicable surplus lines taxes and fees) for each endorsement that is requested after
binding coverage or mid-term (no exceptions).

Brian Brees

AVP | Community Business Advisor
Direct Phone, Text & Fax: 317.983.2097
Main Office: 317.462.6900
WalkerHughes.com | Facebook  | LinkedIn |  Charity of the Quarter

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2027 HOLIDAY AND MEETING SCHEDULE
HOLIDAYS
New Year’s Day
Martin Luther King Jr. Day
President’s Day
Good Friday
Primary Election
Memorial Day
Independence Day
Labor Day
Riley Days
Election Day
Veteran’s Day
Thanksgiving
Christmas

Friday, January 1
Monday, January 18
Monday, February 15
Friday, March 26
Tuesday, May 4
Monday, May 31
Monday, July 5
Monday, September 6
Thursday, October 7, Friday October 8
Tuesday, November 2
Thursday, November 11
Thursday, November 25, Friday, November 26
Thursday, December 23, Friday, December 24

Unless otherwise noted, all meetings will occur on the dates and times listed and take place in the Annex
Building, Commissioners Court, Room 101, 111 American Legion Place, Greenfield, Indiana
HANCOCK COUNTY BUDGET, EFFICIENCY, AND REVENUE COMMITTEE AND REGULAR COUNCIL: First Wednesday of each
month at 8:30 AM. If Wednesday falls on a holiday, the meeting will be held the next working day. The public is always
invited, but to discuss business please schedule an agenda time with the Financial Administrator.
January 6 ● February 3 ● March 3 ● April 7 ● May 5 ● June 2 ● August 4 ● September 1 ● October 6
● November 3 ● December 1

HANCOCK COUNTY COUNCIL: Second Wednesday of each month at 8:30 AM. If Wednesday falls on a holiday, the
meeting will be held the next working day. The public is always invited, but to discuss business please schedule an agenda
time with the Financial Administrator. January 13 ● February 10 ● March 10, 30 (5PM Joint Meeting with BOC) ● April 14
● May 12 ● June 9, 29 (5PM Joint Meeting with BOC) ● July 14 (8AM) ● August 11, 31 (5PM Joint meeting with Council) ●
September 8 ● October 13 ● November 10, 30 (5PM Joint Meeting with Council) ● December 8
HANCOCK COUNTY BOARD OF COMMISSIONERS: First, third, and fifth Tuesday of each month at 8 AM. If a Tuesday falls on a
holiday, Commissioners’ Road School, or Commissioners’ Annual Conference, the meeting will be held the previous working
day. The Board will also meet concurrently with the Hancock County Council meetings. The public is invited at all times, but
to discuss business please schedule an agenda time with the Executive Liaison Administrator. January 5, 19 ● February 2, 16
● March 2, 15 (Monday), 30 (5PM Joint Meeting with BOC) ● April 6, 20 ● May 3 (Monday), 18 ● June 1, 15, 29 (5PM Joint
Meeting with BOC) ●July 6, 20 ● August 3, 17, 31 (5PM Joint meeting with Council) ● September 7, 21 ● October 5, 19 ●
November 1 (Monday), 16, 30 (5PM Joint Meeting with Council) ● December 7, 21
DRAINAGE BOARD: First Tuesday of the month at 8 AM. (Exception May 3rd and November 1st)
The public is always invited, but to discuss business please schedule an appointment with the Surveyor.
SEWER DISTRICT: April 6, 2027, at 9 AM and October 5, 2027, at 9 AM.
HANCOCK COUNTY SOLID WASTE MANAGEMENT DISTRICT: First Tuesday of every month at 10 AM. (Exception May 3rd and
November 1st)
REDEVELOPMENT COMMISSION (RDC): Second Thursday of the month at 8 AM. (Exception November 18th)
The public is always invited, but to discuss business please schedule time with the Redevelopment Commission Liaison.