FORMS SCHEDULE
Policy Number: |
0124962 | Effective Date: |
July 31, 2013 | |||||||
Division No: |
36 | Expiration Date: |
July 31, 2014 | |||||||
69 | ||||||||||
Insured Name: |
MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND | |||||||||
Print date: |
Aug 8, 2013 | |||||||||
Underwriter Name: |
HENRY |
Printed by: |
TAWANA WIGGINS | |||||||
PAN |
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Underwriter Phone # : 212458 |
Phone # : |
9134954248 | ||||||||
1804 |
ALIAS | FORM NUMBER | DESCRIPTION | ||
¨ RTQD01 |
RISK TRANSFER | |||
¨ CLETR2 |
REGULAR BROKER COVER | |||
¨ LETTER |
LETTER POLICYHOLDER | |||
COM001 |
91222 |
NOTICE | ||
¨ MNSDEC |
41205 |
INVESTMENT COMPANY BLANKET BOND DEC PAGE | ||
¨ QP6690 |
41206 |
INVESTMENT COMPANY BLANKET BOND GUTS | ||
¨ QE7310 |
83231 |
NEW YORK LAW 3420 AMENDATORY ENDORSEMENT | ||
¨ MNSCPT |
MNSCPT |
COMPUTER SYSTEMS FRAUD | ||
¨ MNSCPT |
MNSCPT |
INSURING AGREEMENT L UNATHORIZED SIGNATURES | ||
¨ QE0703 |
69898 |
NEW YORK AMENDATORY | ||
¨ MNSCPT |
MNSCPT |
CANCELLATION/NONRENEWAL TELEFACSIMILE | ||
¨ QE7215 |
99758 |
TRANSFER FRAUD W CALL BACK NOTICE OF | ||
¨ MNSCPT |
MNSCPT |
CLAIM (REPORTING BY E-MAIL) | ||
¨ QE4043 |
89644 |
VOICE INITIATED TRANSFER FRAUD | ||
¨ QE7459 |
101036 |
COVERAGE TERRITORY ENDORSEMENT (OFAC) | ||
¨ MNSCPT |
113022 |
CANCELLATION AMENDATORY (RETURN PRO | ||
¨ QE2392 |
78859 |
RATA) INDIRECT OR CONSEQUENTIAL LOSS | ||
EXCLUSION | ||||
FORMS INDEX ENDORSEMENT |
2-14057 |
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Archive Copy |
POLICYHOLDER NOTICE
Thank you for purchasing insurance from a member company of American International Group, Inc. (AIG). The AIG member companies generally pay compensation to brokers and independent agents, and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www .aig.com/producer compensation or by calling 1-800-706-3102.
91222 (4/13) |
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Archive Copy |
National Union Fire Insurance Company of Pittsburgh, Pa.
A capital stock company
POLICY NUMBER: 01-249-62-36 |
REPLACEMENT OF POLICY NUMBER: 04-485-90-04 |
INVESTMENT COMPANY BLANKET BOND
DECLARATIONS:
ITEM 1. | Name of Insured (herein called Insured): MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND |
Principal Address: |
125 WEST 55TH STREET NEW YORK, NY 10019 |
ITEM 2. | Bond Period: from 12:01 a.m. July 31, 2013 to July 31, 2014 the effective date of the termination or cancellation of this bond, standard time at the Principal Address as to each of said dates. |
ITEM 3. | Limit of Liability - Subject to Sections 9, 10 and 12 hereof, |
Single Loss Limit of Liability |
Single Loss Deductible | |||
Insuring Agreement A (Fidelity)- |
$1,000,000 | $ Nil | ||
Insuring Agreement B (Audit Expense)- |
$100,000 | $10,000 | ||
Insuring Agreement C (On Premises)- |
$1,000,000 | $100,000 | ||
Insuring Agreement D (In Transit)- |
$1,000,000 | $100,000 | ||
Insuring Agreement E (Forgery or Alteration)- |
$1,000,000 | $100,000 | ||
Insuring Agreement F (Securities)- |
$1,000,000 | $100,000 | ||
Insuring Agreement G (Counterfeit Currency)- |
$1,000,000 | $100,000 | ||
Insuring Agreement H (Stop Payment)- |
$50,000 | $10,000 | ||
Insuring Agreement I (Uncollectible Items of Deposit)- |
$100,000 | $10,000 | ||
Additional Coverages: |
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Insuring Agreement (J) Computer Systems |
$1,000,000 | $100,000 | ||
Insuring Agreement (K) - Telefacsimile Transfer |
$1,000,000 | $100,000 | ||
Insuring Agreement (L) - Unauthorized :Signatures |
$25,000 | $5,000 | ||
Insuring Agreement (M) -Voice Initiated Transfer Fraud |
$1,000,000 | $100,000 |
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41205 (04/95) |
1 | |||
Archive Copy | © All rights reserved. |
If Not Covered is inserted above opposite any specified Insuring Agreement or Coverage, such Insuring Agreement or Coverage and any other reference thereto in this bond shall be deemed to be deleted therefrom. |
ITEM 4. | Offices or Premises Covered-Offices acquired or established subsequent to the effective date of this bond are covered according to the terms of General Agreement A. All the Insureds offices or premises in existence at the time this bond becomes effective are covered under this bond except the offices or premises located as follows: No Exceptions |
ITEM 5. | The liability of the Underwriter is subject to the terms of the following riders attached thereto: Endorsement #1, #2, #3, #4, #5, #6, #7, #8, #9,#10, #11 |
ITEM 6. | The Insured by the acceptance of this bond gives to the Underwriter terminating or canceling prior bond(s) or policy(ies) No.(s) 02-842-71-90 such termination or cancellation to be effective as of the time this bond becomes effective. |
PREMIUM: $3,995
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41205 (04/95) |
2 | |||
Archive Copy | © All rights reserved. |
IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by its President, Secretary and Authorized Representative. This Policy shall not be valid unless signed below at the time of issuance by an authorized representative of the insurer.
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| |||
PRESIDENT | SECRETARY | |||
National Union Fire Insurance Company of Pittsburgh , Pa. |
National Union Fire Insurance Company of Pittsburgh , Pa. |
AUTHORIZED REPRESENTATIVE |
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COUNTERSIGNED AT | DATE | COUNTERSIGNATURE |
MARSH USA INC.
1166 AVENUE OF THE AMERICAS
NEW YORK, NY 10036-3712
1239325
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41205 (04/95) |
3 | |||
Archive Copy | © All rights reserved. |
National Union Fire Insurance Company of Pittsburgh®, Pa.
A capital stock company
INVESTMENT COMPANY BLANKET BOND
The Underwriter, in consideration of an agreed premium , and subject to the Declarations made a part hereof, the General Agreements, Conditions and Limitations and other terms of this bond, agrees with the Insured, in accordance with the Insuring Agreements hereof to which an amount of insurance is applicable as set forth in Item 3 of the Declarations and with respect to loss sustained by the Insured at any time but discovered during the Bond Period, to indemnify and hold harmless the Insured for:
INSURING AGREEMENTS
41206 (9/ 84) Archive Copy | 1 | © All rights reserved. | ||
41206 (9/ 84) Archive Copy |
2 | © All rights reserved. |
41206 (9/ 84) Archive Copy |
3 | © All rights reserved. |
GENERAL AGREEMENTS
41206 (9/ 84) Archive Copy |
4 | © All rights reserved. | ||
THE FOREGOING INSURING AGREEMENTS AND
GENERAL AGREEMENTS ARE SUBJECT TO THE
FOLLOWING CONDITIONS
AND LIMITATIONS:
41206 (9/ 84) Archive Copy |
5 | © All rights reserved. | ||
41206 (9/ 84) Archive Copy |
6 | © All rights reserved. | ||
41206 (9/ 84) Archive Copy |
7 | © All rights reserved. | ||
41206 (9/ 84) Archive Copy |
8 | © All rights reserved. | ||
41206 (9/ 84) Archive Copy |
9 | © All rights reserved. |
41206 (9/ 84) Archive Copy |
10 | © All rights reserved. |
41206 (9/ 84) Archive Copy |
11 | © All rights reserved. |
41206 (9/ 84) Archive Copy |
12 | © All rights reserved. |
41206 (9/ 84) Archive Copy |
13 | © All rights reserved. |
ENDORSEMENT# 1
This endorsement, effective 12:01 am July 31, 2013 forms a part of policy number 01-249-62-36
issued to MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
by | National Union Fire Insurance Company of Pittsburgh, Pa. |
NEW YORK AMENDATORY ENDORSEMENT - NY STATUTE 3420
Wherever used in this endorsement: 1) we, us, our and Insurer mean the insurance company which issued this policy; 2) you, your, Insured and first Named Insured mean the Named Corporation, Named Entity, Named Organization, Named Sponsor, Named Insured, or Insured stated in the declarations page; 3) other insured(s) means all other persons or entities afforded coverage under the policy; 4) Discovery Period means Discovery Period or Extended Reporting Period, as defined in the policy; and 5) Claim means Claim or Suit as defined in the policy.
It is hereby understood and agreed that the policy is amended as follows: A.
The following provisions are hereby added to the policy:
FAILURE TO GIVE NOTICE WITHIN PRESCRIBED TIME:
Failure to give any notice required to be given by this policy, or any policy of which this is a renewal, within the prescribed time shall not invalidate any Claim made against an Insured if:
(a) | it shall be shown not to have been reasonably possible to give notice within the prescribed time and that notice was given as soon as was reasonably possible thereafter; or |
(b) | the failure to provide timely notice has not prejudiced the Insurer. |
Any such Claim shall be deemed to have been first made against the Insured and noticed to the Insurer within the Policy Period or Discovery Period of the policy issued by the Insurer (the Noticed Policy) in which the Insurer received notice of the Claim; provided that the coverage afforded with respect to the Noticed Policy shall be in an amount not greater than the amount of coverage afforded with respect to the Policy Period of the policy issued by the Insurer (the Former Policy) in which the Claim was actually first made against the Insured. The foregoing sentence may result in (but not be limited to): (1) reducing the limit of liability available for such a Claim to the available limit of liability applicable to the Former Policy; (2) increasing the applicable retention amount to that retention amount applicable to the Former Policy; or (3) reducing or eliminating coverage due to exclusions or other restrictions appearing in the Former Policy but eliminated, in part or in whole, in the Noticed Policy. No coverage shall be afforded under this endorsement if there was not in existence a Former Policy at the time the Claim was actually first made against the Insured.
With respect to subsection (b) above, any such Claim must be noticed during the Policy Period or Discovery Period of a Noticed Policy which is a renewal or extension of the Former Policy.
Nothing in this endorsement shall be construed to provide coverage for a Claim under more than one Policy Period or Discovery Period.
PREJUDICE:
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83231 (1/ 09) Archive Copy |
Page 1 of 2 | |||
ENDORSEMENT# 1 (continued)
In the event that the Insurer alleges that it was prejudiced as a result of a failure to give notice within the time required under the policy, the burden of proof shall be on:
(a) | the Insurer to prove that it has been prejudiced, if the notice was provided within two years of the time required under the policy; or |
(b) | the Insured to prove that the Insurer has not been prejudiced, if the notice was provided more than two years after the time required under the policy. |
The Insurers rights shall not be deemed prejudiced unless the failure to timely provide notice materially impairs the ability of the Insurer to investigate or defend the Claim.
Notwithstanding the above, an irrebuttable presumption of prejudice shall apply if, prior to the notice, the Insureds liability has been determined by a court of competent jurisdiction or by a binding arbitration; or if the Insured has resolved the Claim by settlement or other compromise.
NOTICE TO AGENT:
Notice given by or on behalf of the Insured, or written notice by or on behalf of the injured party or any other claim ant, to any licensed agent of the Insurer in the state of New York, with particulars sufficient to identify the Insured, shall be deem ed notice to the Insurer.
INSOLVENCY/ BANKRUPTCY OF INSURED:
The insolvency or bankruptcy of the Insured shall not relieve the Insurer of its obligations under this policy as long as all policy requirements are met by Insured, its trustee or receiver in bankruptcy. Should a covered judgment be rendered against an insolvent or bankrupt Insured, the Insurer shall be liable for the amount of such judgment not to exceed the applicable limit of liability under this policy.
B. | The Clause entitled, Action Against Us or Action Against Company is deleted in its entirety and replaced with the following: |
No one may bring an action against us unless there has been full compliance with all the terms of this policy and the amount of the Insureds obligation to pay has been finally determined either by:
1. | judgment against the Insured which remains unsatisfied at the expiration of thirty (30) days from the service of notice of entry of the judgment upon the Insured and upon us; or |
2. | written agreement of the Insured, the claimant and us. |
Any person or organization or legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. We may not be impleaded by the Insured or its legal representative in any legal action brought against the Insured by any person or organization.
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
|
AUTHORIZED REPRESENTATIVE |
© All rights reserved. | ||||
2-14057 |
END 001 | |||
83231 (1/ 09) Archive Copy |
Page 2 of 2 |
ENDORSEMENT# 2
This endorsement, effective 12:01 am July 31, 2013 forms a part of policy number 01-249-62-36
issued to MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
by | National Union Fire Insurance Company of Pittsburgh, Pa. |
COMPUTER SYSTEMS FRAUD
It is agreed that:
1. | The attached bond is amended by adding an additional Insuring Agreement as follows: |
COMPUTER SYSTEMS
Loss resulting directly form a fraudulent
(1) | entry of data into, or |
(2) | change of data elements or programs within |
a Computer System; provided the fraudulent entry or change causes
(a) | Property to be transferred, paid or delivered, |
(b) | an account of the Insured, or of its customer, to be added, deleted, debited or credited, or |
(c) | an unauthorized account or a fictitious account to be debited or credited; |
(3) | voice instructions or advices having been transmitted to the Insured or its agent(s) by telephone; |
and provided further, the fraudulent entry or change is made or caused by an individual acting with the manifest intent to:
(a) | cause the Insured or its agent(s) to sustain a loss, and |
(b) | obtain financial benefit for that individual or for other persons intended by that individual to receive financial benefit, |
(c) | and further provided such voice instructions or advices: |
(i) | were made by a person who purported to represent an individual authorized to make such voice instructions or advices; and |
(ii) | were electronically recorded by the Insured or its agent(s). |
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MNSCPT Archive Copy END 2 |
ENDORSEMENT# 2 (Continued)
This endorsement, effective 12:01 am July 31, 2013 forms a part of policy number 01-249-62-36
issued to MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
by | National Union Fire Insurance Company of Pittsburgh, Pa. |
(4) | It shall be a condition to recovery under the Computer Systems Rider that the Insured or its agent(s) shall to the best of their ability electronically record all voice instructions or advices received over telephone. The Insured or its agent(s) warrant that they shall make their best efforts to maintain the electronic recording system on a continuous basis. Nothing, however, in this Rider shall bar the Insured from recovery where no recording is available because of mechanical failure of the device used in making such recording, or because of failure of the media used to record a conversation from any cause, or error or omission of any Employee(s) or agent(s) of the Insured. |
SCHEDULE OF SYSTEMS
Insureds Proprietary System
2. | As used in this Rider, Computer System means |
(a) | computers with related peripheral components, including storage components, wherever located, |
(b) | systems and applications software, |
(c) | terminal devices, |
(d) | related communication networks or customer communication systems, and |
(e) | related Electronic Funds Transfer Systems, |
by which data are electronically collected, transmitted, processed, stored, and retrieved,
3. | In addition to the exclusions in the attached bond, the following exclusions are applicable to this Insuring Agreement: |
(a) | loss resulting directly or indirectly from the theft of confidential information, material or data; and |
(b) | loss resulting directly or indirectly from entries or changes made by an individual authorized to have access to a Computer System who acts in good faith on instructions, unless such instructions are given to that individual by a software contractor (or by a partner, officer or employee thereof) authorized by the Insured to design, develop, prepare, supply service, write or implement programs for the Insureds Computer System. |
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MNSCPT Archive Copy END 2 |
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ENDORSEMENT# 2 (Continued)
This endorsement, effective 12:01 am July 31, 2013 forms a part of policy number 01-249-62-36
issued to MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
by | National Union Fire Insurance Company of Pittsburgh, Pa. |
4. | The following portions of the attached bond are not applicable to this Rider: |
(a) | the initial paragraph of the bond preceding the Insuring Agreements which reads |
at any time but discovered during the Bond Period,
(b) | Section 9-NON-REDUCTION AND NON-ACCUMULATION OF LIABILITY AND TOTAL LIABILITY |
(c) | Section 1 a-LIMIT OF LIABILITY |
5. | The coverage afforded by this rider applies only to loss discovered by the Insured during the period this Rider is in force. |
6. | All loss or series of losses involving the fraudulent activity of one individual, or involving fraudulent activity in which one individual is implicated, whether or not that individual is specifically identified, shall be treated as one loss. A series of losses involving unidentified individuals but arising from the same method of operation may be deemed by the Underwriter to involve the same individual and in that event shall be treated as one loss. |
7. | The Limit of Liability for the coverage provided by this Rider shall be limited to the amount shown in Item3 of the Declarations page. |
8. | The Underwriter shall be liable hereunder for the amount by which one loss shall be in excess of the deductible shown in Item 3 of the Declarations page. |
9. | If any loss is covered under this Insuring Agreement and any other Insuring Agreement or Coverage, the maximum amount payable for such loss shall not exceed the largest amount available under anyone Insuring Agreement or Coverage. |
10. | Coverage under this Rider shall terminate upon termination or cancellation of the bond to which this Rider is attached. Coverage under this rider may also be terminated or cancelled without cancelling the bond as an entirety: |
(a) | 90 days after receipt by the Insured of written notice from the Underwriter of its desire to terminate or cancel coverage under this Rider, or |
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MNSCPT |
Archive Copy END 2 | |||
ENDORSEMENT# 2 (Continued)
This endorsement, effective 12:01 am July 31, 2013 forms a part of policy number 01-249-62-36
issued to MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
by | National Union Fire Insurance Company of Pittsburgh, Pa. |
(b) | immediately upon receipt by the Underwriter of a written request from the Insured to terminate or cancel coverage under this Rider. |
The Underwriter shall refund to the Insured the unearned premium for this coverage under this Rider. The refund shall be computed at short rates if this Rider is terminated or cancelled or reduced by notice from, or at the instance of, the Insured.
11. | Section 4-LOSS-NOTICE-PROOF-LEGAL PROCEEDING of the Conditions and Limitations of this bond is amended by adding the following sentence: |
Proof of Loss resulting from Voice Instructions or advices covered under this bond shall include Electronic Recordings of such Voice Instructions or advices.
12. | Notwithstanding the foregoing, however, coverage afforded by this Rider is not designed to provide protection against loss covered under a separate Electronic and Computer Crime Policy by whatever title assigned or by whatever Underwriter written. Any loss which is covered under such separate Policy is excluded from coverage under this bond; and the Insured agrees to make claim for such loss under its separate Policy. |
AUTHORIZED REPRESENTATIVE |
2-14057 |
© All rights reserved. | |||
MNSCPT |
END 2 | |||
Archive Copy |
ENDORSEMENT# 3
This endorsement, effective 12:01 am July 31, 2013 forms a part of policy number 01-249-62-36
issued to MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
by | National Union Fire Insurance Company of Pittsburgh, Pa. |
INSURING AGREEMENT L- UNATHORIZED SIGNATURES
It is agreed that:
(1) | The attached bond is amended by adding an additional Insuring Agreement as follows: |
UNAUTHORIZED SIGNATURES
(2) | Loss resulting directly from the Insured have accepted, paid or cashed any check or withdrawal order, draft, made or drawn on a customers account which bears the signature or endorsement of one other than a person whose name and signature is on the application on file with the Insured as a signatory on such account. |
(3) | It shall be a condition precedent to the Insureds right of recovery under this rider that the Insured shall have on file signatures of all persons who are authorized signatories on such account. |
(4) | The Limit of Liability for the coverage provided by this rider shall be Twenty Five Thousand Dollars ($25,000), it being understood, however, that such liability shall be part of and not in addition to the Limit of Liability stated in Item 3. of the Declarations of the attached bond. |
(5) | The Underwriter shall not be liable under the Unauthorized Signatures Rider for any loss on account of any instrument unless the amount of such instrument shall be in excess of Five Thousand Dollars ($5,000), (herein called Deductible Amount) and unless such loss on account of such instrument, after deducting all recoveries on account of such instrument made prior to the payment of such loss by the Underwriter, shall be in excess of such Deductible Amount and then for such excess only, but in no event more than the amount of the attached bond, of the amount of coverage under the Unauthorized Signatures Rider, if the amount of such coverage is less than the amount of the attached bond. |
(6) | Nothing herein contained shall be held to vary, alter, waive, or extend any of the terms, limitations, conditions, or provisions of the attached bond other than above stated. |
AUTHORIZED REPRESENTATIVE |
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MNSCPT |
END 3 | |||
Archive Copy |
ENDORSEMENT# 4
This endorsement, effective 12:01 am July 31, 2013 forms a part of policy number 01-249-62-36
issued to MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
by | National Union Fire Insurance Company of Pittsburgh, Pa. |
NEW YORK AMENDATORY ENDORSEMENT
Wherever used in this endorsement: 1) Insurer means the insurance company which issued this policy; and 2) Insured means the Named Corporation, Named Organization, Named Sponsor, Named Insured, Named Entity or Insured stated in the declarations page;
The policy is hereby amended as follows:
I. | The Cancellation and When We Do Not Renew provisions are deleted and replaced by the following: |
(a) | CANCELLATION BY THE INSURED |
This policy may be cancelled by the Insured by surrender of this policy to the Insurer or by giving written notice to the Insurer stating when thereafter such cancellation shall be effective. The Policy Period terminates at the date and hour specified in such notice, or at the date and time of surrender.
(b) | CANCELLATION, NONRENEWAL AND CONDITIONAL RENEWAL BY THE INSURER (i) If this policy has been in effect for sixty (60) or fewer days when cancellation notice is mailed, and this policy is not a renewal of a policy issued by the Insurer, then this policy may be cancelled by the Insurer by mailing or delivering to the Insured, and to his authorized insurance agent or broker, written notice stating when not less than twenty (20) days thereafter (fifteen (15) days thereafter if cancellation is because of one of the reasons for cancellation set forth in subsection (ii) below) the cancellation shall be effective. Notice of cancellation issued by the Insurer shall specify the grounds for cancellation. |
(ii) | If this policy has been in effect for more than sixty (60) days when notice of cancellation is mailed, or if this policy is a renewal of a policy issued by the Insurer, then this policy may be cancelled by the Insurer by mailing or delivering to the Insured, and to his authorized insurance agent or broker, written notice stating when not less than fifteen (15) days thereafter the cancellation shall be effective; however, such cancellation must be based on one or more of the following: |
(A) | nonpayment of premium, provided, however, that a notice of cancellation on this ground shall inform the first Named Insured of the amount due; |
(B) | conviction of a crime arising out of acts increasing the hazard insured against; |
(C) | discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim thereunder; |
(D) | after issuance of the policy or after the last renewal date, discovery of an act or omission, or a violation of any policy condition, that substantially and materially increases the hazard insured against, and which occurred subsequent to inception of the current Policy Period; |
© All rights reserved. | ||||
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END 004 | |||
69898 (9/ 06) Archive Copy |
Page 1 of 4 |
ENDORSEMENT# 4 (continued)
(E) | material change in the nature or extent of the risk, occurring after issuance or last annual renewal anniversary date of the policy, which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed; |
(F) | required pursuant to a determination by the New York Superintendent of Insurance that continuation of the present premium volume of the Insurer would jeopardize the Insurers solvency or be hazardous to the interests of Insureds of the Insurer, its creditors or the public; |
(G) | a determination by the New York Superintendent of Insurance that the continuation of the policy would violate, or would place the Insurer in violation of, any provision of the New York Insurance Law; |
(H) | revocation or suspension of an Insureds license to practice his profession; or |
(I) | where the Insurer has reason to believe that there is a probable risk or danger that the Insured will destroy or permit the destruction of the insured property for the purpose of collecting the insurance proceeds, provided, however, that: |
(1) | a notice of cancellation on this ground shall inform the Insured in plain language that the Insured must act within ten days if review by the department of the ground for cancellation is desired pursuant to item (3) of this subparagraph (I); |
(2) | notice of cancellation on this ground shall be provided simultaneously by the Insurer to the department; and |
(3) | upon written request of the Insured made to the department within ten days from the Insureds receipt of notice of cancellation on this ground, the department shall undertake a review of the ground for cancellation to determine whether or not the Insurer has satisfied the criteria for cancellation specified in this subparagraph; if after such review the department finds no sufficient cause for cancellation on this ground, the notice of cancellation on this ground shall be deemed null and void. |
Notice of cancellation by the Insurer shall specify the grounds for cancellation.
(iii) |
|
(A) | The Insurer shall mail to the Insured, and to his authorized insurance agent or broker, written notice indicating the Insurers intention: |
(1) | not to renew this policy; |
(2) | to condition its renewal upon change of limits, change in type of coverage, reduction of coverage, increased deductible or addition of exclusions or upon increased premiums in excess of ten percent; (exclusive of any premium increase generated as a result of increased exposure units or as a result of experience rating, loss rating, or audit); |
© All rights reserved. | ||||
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69898 (9/ 06) Archive Copy |
Page 2 of 4 |
ENDORSEMENT# 4 (continued)
(3) | that the policy will not be renewed or will not be renewed upon the same terms, conditions or rates; such alternative renewal notice must be mailed or delivered on a timely basis and advise the Insured that a second notice shall be mailed at a later date indicating the Insurers intention as specified in subparagraph (1) or (2) of this paragraph (A) and that coverage shall continue on the same terms, conditions and rates as expiring, until the later of the expiration date or sixty (60) days after the second notice is mailed or delivered; such alternative renewal notice also shall advise the insured of the availability of loss information and, upon written request, the request, the insurer shall furnish such loss information within ten (10) days to the insured. |
(B) | A nonrenewal notice as specified in subparagraph (1), a conditional renewal notice as specified in subparagraph (2), and the second notice described in subparagraph (3) of paragraph (A) of this subsection (iii) shall contain the specific reason or reasons for nonrenewal or conditional renewal, and set forth the amount of any premium increase and nature of any other proposed changes. |
(C) | The notice required by paragraph (A) of this subsection (iii) shall be mailed at least sixty (60) but not more than one hundred twenty (120) days in advance of the end of the Policy Period. |
(D) |
|
(1) | If the Insurer employs an alternative renewal notice as authorized by subparagraph (3) of paragraph (A) of this subsection (iii), the Insurer shall provide coverage on the same terms, conditions, and rates as the expiring policy, until the later of the expiration date or sixty (60) days after the mailing of the second notice described in such subparagraph. |
(2) | Prior to the expiration date of the policy, in the event that an incomplete or late conditional renewal notice or a late nonrenewal notice is provided by the Insurer, the Policy Period shall be extended, at the same terms and conditions as the expiring policy, except that the annual aggregate limit of the expiring policy shall be increased in proportion to the policy extension, and at the lower of the current rates or the prior periods rates, until sixty (60) days after such notice is mailed, unless the Insured elects to cancel sooner. |
(3) | In the event that a late conditional renewal notice or a late nonrenewal notice is provided by the insurer on or after the expiration date of the policy, coverage shall remain in effect on the same terms and conditions of the expiring policy for another required policy period, and at the lower of the current rates or the prior periods rates unless the insured during the additional required policy period has replaced the coverage or elects to cancel, in which event such cancellation shall be on a pro rata premium basis. |
(iv) | Nothing herein shall be construed to limit the grounds for which the Insurer may lawfully rescind this policy or decline to pay a claim under this policy. |
© All rights reserved. | ||||
2-14057 |
END 004 | |||
69898 (9/ 06) Archive Copy |
Page 3 of 4 |
ENDORSEMENT# 4 (continued)
(v) | Notice required herein to be mailed to the Insured shall be mailed to the Insured at the address shown in Item 1 of the Declarations. |
Notice required herein to be mailed by the Insurer shall be sent by registered, certified or other first class mail. Delivery of written notice shall be equivalent to mailing.
Proof of mailing of such notice as aforesaid shall be sufficient proof of notice. The Policy Period shall terminate at the effective date and hour of cancellation or nonrenewal specified in such notice.
(vi) | If this policy shall be cancelled by the Insured, the Insurer shall retain the customary short rate proportion of the premium hereon. |
If this policy shall be cancelled by the Insurer, the Insurer shall retain the pro rata proportion of the premium hereon.
Payment or tender of any unearned premium by the Insurer shall not be a condition of cancellation, but such payment shall be made as soon as practicable.
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
AUTHORIZED REPRESENTATIVE |
© All rights reserved. | ||||
2-14057 |
END 004 | |||
69898 (9/ 06) Archive Copy |
Page 4 of 4 |
ENDORSEMENT# 5
This endorsement, effective 12:01 am July 31, 2013 forms a part of policy number 01-249-62-36
issued to MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
by | National Union Fire Insurance Company of Pittsburgh, Pa. |
TELEFACSIMILE TRANSFER FRAUD W CALL BACK
It is agreed that:
1. | The attached bond is amended by adding an Insuring Agreement L as follows: |
TELEFACSIMILE TRANSFER FRAUD
Loss resulting directly from the Insured having, in good faith, transferred or delivered Funds, Certificated Securities or Uncertificated Securities through a Computer System covered under the terms of the Computer System Fraud Insuring Agreement in reliance upon a fraudulent instruction received through a Telefacsimile Device, and which instruction
(1) | purports and reasonably appears to have originated from |
(a) | a Customer of the Insured, |
(b) | another financial institution, or |
(c) | another office of the Insured |
but, in fact, was not originated by the Customer or entity whose identification it bears and
(2) | contains a valid test code which proves to have been used by a person who was not authorized to make use of it and, |
(3) | contains the name of a person authorized to initiate such transfer; and provided |
that, if the transfer was in excess of $100,000 the instruction was verified by a call-back according to a prearranged procedure.
In this Insuring Agreement, Customer means an entity or individual which has a written agreement with the Insured authorizing the Insured to rely on Telefacsimile Device instructions to initiate transfers and has provided the Insured with the names of persons authorized to initiate such transfers, and with which the Insured has established an instruction verification mechanism, and Funds means Money on deposit in an account.
2-14057
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MNSCPT |
Archive Copy END 5 |
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ENDORSEMENT# 5 (Continued)
This endorsement, effective 12:01 am July 31, 2013 forms a part of policy number 01-249-62-36
issued to MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
by | National Union Fire Insurance Company of Pittsburgh, Pa. |
2. | In addition to the Conditions and Limitations in the bond and Computer Systems Fraud Insuring Agreement rider, the following provisions are applicable to the Telefacsimile Transfer Fraud Insuring Agreement: |
Telefacsimile Device means a machine capable of sending or receiving a duplicate image of a document by means of electronic impulses transmitted through a telephone line and which reproduces the duplicate image on paper.
This Insuring Agreement does not cover loss resulting directly or indirectly from the assumption of liability by the Insured by contract unless the liability arises from a loss covered by the Telefacsimile Transfer Fraud Insuring Agreement and would be imposed on the Insured regardless of the existence of the contract.
Proof of loss for claim under the Telefacsimile Transfer Fraud Insuring Agreement must include a copy of the document reproduced by the Telefacsimile Device.
3. | Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, limitations, conditions or agreements of the attached bond other than as above stated. |
AUTHORIZED REPRESENTATIVE |
2-14057 |
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© All rights reserved. | ||||
MNSCPT END 5 Archive Copy |
. |
ENDORSEMENT# 6
This endorsement, effective 12:01 am July 31, 2013 forms a part of policy number 01-249-62-36
issued to MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
by | National Union Fire Insurance Company of Pittsburgh, Pa. |
NOTICE OF CLAIM
(REPORTING BY E-MAIL)
In consideration of the premium charged, it is hereby understood and agreed as follows:
1. | Email Reporting of Claims: In addition to the postal address set forth for any Notice of Claim Reporting under this policy, such notice may also be given in writing pursuant to the policys other terms and conditions to the Insurer by email at the following email address: |
c- claim @AIG.com
Your email must reference the policy number for this policy. The date of the Insurers receipt of the emailed notice shall constitute the date of notice.
In addition to Notice of Claim Reporting via email, notice may also be given to the Insurer by mailing such notice to: AIG, Financial Lines Claims, P.O. Box 25947, Shawnee Mission, KS 66225 or faxing such notice to (866) 227- 1750.
2. | Definitions: For this endorsement only, the following definitions shall apply: |
(a) | Insurer means the Insurer, Underwriter or Company or other name specifically ascribed in this policy as the insurance company or underwriter for this policy. |
(b) | Notice of Claim Reporting means notice of claim / circumstance, notice of loss or other reference in the policy designated for reporting of claims, loss or occurrences or situations that may give rise or result in loss under this policy. |
(c) | Policy means the policy, bond or other insurance product to which this endorsement is attached. |
3. | This endorsement does not apply to any Kidnap & Ransom/ Extortion Coverage Section, if any, provided by this policy. |
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
AUTHORIZED REPRESENTATIVE |
2-14057
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99758 (8/08) |
© All rights reserved. END 006 |
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Archive Copy | Page 1 of 1 |
ENDORSEMENT# 7
This endorsement, effective 12:01 am July 31, 2013 forms a part of policy number 01-249-62-36
issued to MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
by | National Union Fire Insurance Company of Pittsburgh, Pa. |
VOICE INITIATED TRANSFER FRAUD
It is agreed that:
1. | The attached bond is amended by adding an Insuring Agreement as follows: |
VOICE INITIATED TRANSFER FRAUD
Loss resulting directly from the Insured having, in good faith, transferred Funds or other Property from a Customers account through a Computer System covered under the terms of the Computer System Fraud Insuring Agreement in reliance upon a fraudulent voice instruction transmitted by telephone which was purported to be from:
(1) | an officer, director, partner or employee of a Customer of the Insured who was authorized by the Customer to instruct the Insured to make such transfer; |
(2) | an individual person who is a Customer of the Insured; or |
(3) | an Employee of the Insured in another office of the Insured who was authorized by the Insured to instruct other Employees of the Insured to transfer Funds, and was received by an Employee of the Insured specifically designated to receive and act upon such instructions, |
but the voice instruction was not from a person described in (1), (2), or (3) above, provided that
(i) | such voice instruction was electronically recorded by the Insured and required password(s) or code word(s) given; and |
(ii) | if the transfer was in excess of $100,000, the voice instruction was verified by a call-back according to a prearranged procedure. |
In this Insuring Agreement:
(A) | Customer means an entity or individual which has a written agreement with the Insured authorizing the Insured to rely on voice instructions to make transfers and which has provided the Insured with the names of persons authorized to initiate such transfers and with which the Insured has established an instruction verification mechanism; |
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MNSCPT Archive Copy END 7 |
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ENDORSEMENT# 7 (Continued)
This endorsement, effective 12:01 am July 31, 2013 forms a part of policy number 01-249-62-36
issued to MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
by | National Union Fire Insurance Company of Pittsburgh, Pa. |
(B) Funds means Money on deposit in an account.
2. | In addition to the Conditions and Limitations in the bond and Computer Systems Fraud Insuring Agreement rider, the following provisions are applicable to the Voice Initiated Transfer Fraud Insuring Agreement: |
This Insuring Agreement does not cover loss resulting directly or indirectly from the assumption of liability by the Insured by contract unless the liability arises from a loss covered by this Insuring Agreement and would be imposed on the Insured regardless of the existence of the contract.
Proof of loss for claim under the Voice Initiated Transfer Insuring Agreement must include electronic recordings of such voice instructions and the verification call-back, if such call was required.
3. | Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, limitations, conditions or agreements of the attached bond other than as above stated. |
AUTHORIZED REPRESENTATIVE |
2-14057
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MNSCPT |
© All rights reserved. | |||
END 7 Archive Copy |
ENDORSEMENT# 8
This endorsement, effective 12:01 am July 31, 2013 forms a part of policy number 01-249-62-36
issued to MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
by | National Union Fire Insurance Company of Pittsburgh, Pa. |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COVERAGE TERRITORY ENDORSEMENT
Payment of loss under this policy shall only be made in full compliance with all United States of America economic or trade sanction laws or regulations, including, but not limited to, sanctions, laws and regulations administered and enforced by the U.S. Treasury Departments Office of Foreign Assets Control (OFAC).
AUTHORIZED REPRESENTATIVE |
© All rights reserved. | ||||
2-14057 |
END 008 | |||
89644 (7/ 05) Archive Copy |
Page 1 of 1 | |||
ENDORSEMENT# 9
This endorsement, effective 12:01 am July 31, 2013 forms a part of policy number 01-249-62-36
issued to MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
by | National Union Fire Insurance Company of Pittsburgh, Pa. |
CANCELLATION AMENDATORY
(RETURN PRO RATA)
Wherever used herein: (1) Policy means the policy or bond to which this endorsement or rider is made part of; (2) Insurer means the Insurer, Underwriter, Company or other name specifically ascribed in this Policy as the insurance company or underwriter for this Policy; (3) Named Entity means the Named Entity, Named Corporation, Named Organization, Named Sponsor, Named Insured, First Named Insured, Insureds Representative, Policyholder or equivalent term stated in Item 1 of the Declarations; and (4) Period means the Policy Period, Bond Period or equivalent term stated in the Declarations.
In consideration of the premium charged, it is hereby understood and agreed that notwithstanding anything to the contrary in any CANCELLATION or TERMINATION clause of this Policy (and any endorsement or rider amending such cancellation or termination clause, including but not limited to any state cancellation/ non- renewal amendatory attached to this policy), if this Policy shall be canceled by the Company, the Insurer shall return to the Named Entity the unearned pro rata proportion of the premium as of the effective date of cancellation.
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
AUTHORIZED REPRESENTATIVE |
© All rights reserved. | ||||
2-14057 |
END 009 | |||
101036 (4/ 09) Archive Copy |
Page 1 of 1 | |||
ENDORSEMENT# 10
This endorsement, effective 12:01 am July 31, 2013 forms a part of policy number 01-249-62-36
issued to MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
by National Union Fire Insurance Company of Pittsburgh, Pa.
INDIRECT OR CONSEQUENTIAL LOSS EXCLUSION
This rider modifies insurance provided under the following:
BROKER-DEALER GUARD BOND
FOLLOW FORM BOND (EXCESS OVER A FIDELITY BOND)
INVESTMENT COMPANY BLANKET BOND
It is agreed that:
1. | This bond shall not cover any indirect or any consequential loss of any nature including, but not limited to fines, penalties, multiple or punitive damages. |
2. | Nothing contained here shall be held to vary, alter, waive or extend any of the terms, limitations, conditions, or agreements of the attached bond other than as above stated. |
AUTHORIZED REPRESENTATIVE |
2-14057 |
© All rights reserved. | |||
113022 (10/12) |
END 10 | |||
Archive Copy |
ENDORSEMENT# 11
This endorsement, effective 12:01 am July 31, 2013 forms a part of policy number 01-249-62-36
issued to MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND
by National Union Fire Insurance Company of Pittsburgh, Pa.
FORMS INDEX ENDORSEMENT
The contents of the Policy is comprised of the following forms:
FORM NUMBER |
EDITION DATE |
FORM TITLE | ||
41205 41206 83231 MNSCPT MNSCPT 69898 MNSCPT 99758 MNSCPT 89644 101036 113022 78859 |
04/95 09/84 01/09
09/06
08/08
07/05 04/09 10/12 10/01 |
INVESTMENT COMPANY BLANKET BOND DEC PAGE INVESTMENT COMPANY BLANKET BOND GUTS NEW YORK LAW 3420 AMENDATORY ENDORSEMENT COMPUTER SYSTEMS FRAUD INSURING AGREEMENT L UNATHORIZED SIGNATURES NEW YORK AMENDATORY CANCELLATION/NONRENEWAL TELEFACSIMILE TRANSFER FRAUD W CALL BACK NOTICE OF CLAIM (REPORTING BY E-MAIL) VOICE INITIATED TRANSFER FRAUD COVERAGE TERRITORY ENDORSEMENT (OFAC) CANCELLATION AMENDATORY (RETURN PRO RATA) INDIRECT OR CONSEQUENTIAL LOSS EXCLUSION FORMS INDEX ENDORSEMENT |
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
AUTHORIZED REPRESENTATIVE |
2-14057 |
END 011 | |||
78859 (10/ 01) Archive Copy | ||||
Page 1 of 1 |
CLAIM REPORTING FORM
Issuing Company: National Union Fire Insurance Company of Pittsburgh, Pa.
Reported under Policy/ Bond Number: 01-249-62-36 Date:
Type of Coverage: D&O E&O Fidelity (complete the Fidelity Supplemental on the next page)
Insureds Name, as given on Policy Declarations (Face Page):
MACQUARIE GLOBAL INFRASTRUCTURE TOTAL RETURN FUND |
|
|
Contact Person: |
Title: |
Phone: _( ) | - | Ext |
eMail: |
@ |
Case or Claimant Name: | ||
|
If the party involved is different from Insured Name (as given on Policy Declarations) state relationship:
Insurance Broker/ Agent: |
MARSH USA INC. |
Address: |
1166 AVENUE OF THE AMERICAS, NEW YORK, NY 10036-3712 |
Address: |
Contact: |
JASON F. HAWKINS |
Phone: |
eMail: |
Jason.Hawkins@marsh.com |
Send Notice of Claims to: | AIG | Phone: (888) 602- 5246 | ||
Financial Lines Claims | Fax: (866) 227- 1750 | |||
P.O. Box 25947 | Email: c-Claim@AIG.com | |||
Shawnee Mission, KS 66225 |
Archive Copy |
CLAIM REPORTING FORM
FIDELITY SUPPLEMENTAL
(Only complete this supplemental if the Claim is being reported under Fidelity Coverage)
Issuing Company: National Union Fire Insurance Company of Pittsburgh, Pa.
Reported under Policy/ Bond Number: 01-249-62-36
Date of Discovery: |
Estimated Amount of loss: |
Cause of Loss: Employee Dishonesty | Computer Fraud |
|||||||||
Funds Transfer |
Robbery/ Burglary |
|||||||||
ID Theft |
Forgery |
|||||||||
Client Property |
In Transit |
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ERISA |
Credit Card Forgery |
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Other |
if Other, describe: |
Send Notice Of Claims To: |
AIG |
Phone: |
(888) 602- 5246 | |||||
Financial Lines Claims |
Fax: |
(866) 227- 1750 | ||||||
P.O. Box 25947 |
Email: |
c- Claim@AIG.com | ||||||
Shawnee Mission, KS 66225 |
centralized Customer Link and Information Management | ||||
Archive Copy |
The following resolutions were adopted at a meeting of the Board of Directors of Macquarie Global Infrastructure Total Return Fund Inc. on July 16, 2013:
RESOLVED, that the Funds purchase of a fidelity bond with a coverage amount of $1,000,000, as discussed during the Meeting, be, and hereby is, authorized, provided that the premium is no greater than $10,000;
FURTHER RESOLVED, that the proper officers of the Fund be, and hereby are, authorized and empowered to pay the total premium for the year payable with respect to such bond;
FURTHER RESOLVED, that the proper officers of the Fund be, and hereby are, authorized and empowered to take such action as they deem it necessary and appropriate with respect to obtaining additional fidelity bond coverage if they deem it necessary or appropriate pursuant to Rule 17g-1 under the 1940 Act; and
FURTHER RESOLVED, that the Secretary of the Fund be, and hereby is, designated as the officer responsible for making the necessary filings and giving the notices with respect to such bond required by paragraph (g) of Rule 17g-1 under the 1940 Act.