2012-12-19
Special December Term
Held December 19, 2012
COUNTY OF CALHOUN
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THE STATE OF TEXAS
BE IT REMEMBERED, that on this 19'" day of December, A.D., 2012 there was begun and holden in the
Commissioners' Courtroom in the County Courthouse in the City of Port Lavaca, said County and State, at 10:00
A.M., a Special Term of the Commissioners' Court within said County and State, and there were present on this
date the following members of the Court, to-wit:
Michael J. Pfeifer
Roger C. Galvan
Vern Lyssy
Neil Fritsch
Kenneth W. Finster
Anita Fricke
Suzana Eckermann
County Judge
Commissioner, Precinct #1
Commissioner, Precinct #2
Commissioner, Precinct #3
Commissioner, Precinct #4
County Clerk
Deputy County Clerk
Judge Pro-tem Fritsch called the meeting to order and conducted business until the arrival of Judge Pfeifer at
10:15 A.M.
CINDY MUELLER
COUNTY AUDITOR, CALHOUN COUNTY
COUNTY COURTHOUSE ANNEX - 202 S ANN ST, STE B
PORT LA V ACA, TEXAS 77979
(361) 553-4610
MEMORANDUM
TO: JUDGE PFEIFER & SUSAN RILEY
COUNTY JUDGE'S OFFICE
FROM: AUDITORS OFFICE - PEGGY HALL
DATE: December 6, 2012
RE: AGENDA ITEM - DECEMBER 13, 2012
AGENDA ITEM
THURSDAY, DECEMBER 13, 2012
.. Consider and lake necessary action to award bid for General Liability Insurance,
Auto Liability/Physical Damage Insurance, Public Officials E&O Liability
Insurance, Law Enforcement Liability Insurance, Property, Equipment Breakdown,
Inland Marine, Sudden & Accidental Pollution Liability Insurance, Workers'
Compensation & Crime Insurance for Calhoun County for the period beginning
January 1,2013. (CM)
HEAR AND DISCUSS GRAY & CO., LLC'S REPORT OF INSURANCE PROPOSALS AND TAKE ANY
ACTION DEEMED NECESSARY:
Texas L10yds of
Insurer Premiums Expiring Policies One Beacon Ins TAC Travelers Political London, Argonau!jTrldent
Co Subdivisions QBE,
Fund Steadfast
Agent GSM Wells Fargo TAC GSM laVernia GSM GSM
General Liability $75,283.00 $30,123.00 $12,662.00 $26,635.00 m m $58,070.00
Automobile Argonaut: $73,900.00 $36,616.00 $36,104.00 ... m $55,422.00
$54,669.00
Public Officials E&O Hiscox: $49/552.00 $31,994.00 $44,877.00 DalWin:
(PO) $15,214.00 m m $24,102.00
Law Enforcement Indian Harbor Included In $14,552.00 $42,701.00 on on Indian Harbor:
(LE) $26,173.00 Public Officials $31,583.00
County Clerks E&O Evanston: --. Included in PO ACE: on --. ACE:
$4,089.00 E&O $3,107.00 $3,107.00
District Clerks E&O Evanston: on Included In PO ACE: ACE:
$2,588.00 E&O $1,903.00 --. on $1/903.00
liability Premium $178/016.00 $153,575.00 $95,824.00 $155,327.00 on --. $174,187.00
Contractors Argonaut: $133.00 Included In $21,284.00 on Included In $14,099.00
Equipment $14,099.00 Property Property
Employee Western Surety: Included in $2,829.00 $250.00 .-- $250.00
Dishonesty $4,307.00 Property on
Equipment Included in Included In Included In Included in on Included In Included In
Breakdown Property Property Property Property Property Property
Great
Property $64,366.00 $87,828.00 $279,475.00 American: $228,561.00 $58,062.00
$52,067.00
Credits for
transferring . '$5,786.00
EMSjVFD Inland --. on $0.00 .-- $0.00 '$1,909.00
Marine Equipment
to VFIS policy
Fidelity National Fidelity National Fidelity Fidelity Fidelity National
National Natlonal
Flood Policies Indemnity: Indemnity: $8,236.00 Indemnity: on Indemnity: Indemnity:
$8,236.00 $8,236.00 $8,236.00 $8,236.00 $8,236.00
Separate
Windstorm/Hail
Policy (locatlons 1WIA: TWIA: $0.00 TWIA: TWIA: TWIA:
other than $79,447.00 $83,370.00 $83,370.00 on $83,370.00 $83,370.00
Courthouse/ MMC &
Jail
Separate lIoyds of lIoyds of lIoydsof Included in lIoydsof
Windstorm/Hall Property
Policy (Courthouse/ London: London: $0.00 London: on premium London:
MMC&Jail $138,218.00 $156,829.00 $156,829.00 above $156,829.00
Property Premium $308/673.00 $336,396.00 $284,754.00 $313,800.00 on $320,167.00 $310,701.00
Property & liability $486,689.00 $489,971.00 $380,578.00 $469/127.00 .-- on $484/888.00
Premium Subtotal
TAC liability & Expiring
lIoyds property
Subtotal (reference Premiums $415/991.00
for comparison) $486,689.00
Worker's TAC: Not quoted $125,580.00 Not quoted $134,421.00 Not quoted
Compensation $107,621.00 --.
other on on '$12,558.00 on on on --.
Figures taken from presentation handout by Gray & Co./ LLC. Figures rounded to the nearest dollar.
Don Gray (Gray & Co., LLC):
Calhoun County is unique in their insurance needs with the large EMS system, extremely large Volunteer Fire
Department system, the medical clinic, the hospital, all of the parks, beaches and Green Lake Park (possibly the
largest county owned park), miles and miles of county roads, the library system, modern jail, new watercraft
with the Sheriff's Office, hurricane/flood issues on Insurance, airport operations and waste management. There
are lots of diverse coverage area that are different from "typical" county coverage areas around the state.
Proposal analysis was difficult due to incorrect information provided by proposers and unintentionally inaccurate
information coverage on current policies and inflexibility on part of some insurers, Will need feedback on what
is important to the County from the Commissioners in order to make recommendations regarding the types of
coverage needed,
During time of negotiations, no information was shared with any of the insurance proposers. Request at this
time that negotiations come to a close so that proposers can follow along with the report.
(Page 1):
Purchasinq Requirements:
There is no flexibility to choose one policy with one company and another policy with a different company.
There are perimeters that are dictated by the proposers; for example, if the County wants to buy automobile
insurance, they must also buy General Liability.
(Page 5):
Liability Premium Subtotals: currently paying $178,016.
(General Liability, Auto & Physical Damage, Public Officials E&O, Law Enforcement, County/District Clerks E&O).
TAC quote is $95,824. County has coverage for Workers' Compensation with TAC. (Page 12): TAC offers
incentive by offering to drop the Workers' Compensation premium when purchasing other coverages with them,
which will decrease the quoted amount. Most insurers are saying "buy one - buy all".
(Page 10):
Property Premium Subtotal: currently paying $308,673.
Premium subtotal for Property coverage (buildings & contents), Inland Marine coverage (mobile equipment like
graders, communication equipment, voting machines, boiler machinery), Crime Insurance policy. TAC has the
best pricing, but there are some issues that will need to be discussed, [Don Gray doubts that the County will
choose to go with TAC because of those issues.]
(Page 10):
Property and Liability Premium Subtotal (combined, not includinq Workers' Compensation):
currently paying $486,689.
As a "benchmark", if the County decides to go with TAC on the liability and with L10yds of London on the
Property (which GSM has offered), it will be a premium of $415,991 which is a premium decrease of over
$60,000. To renew with GSM it will be a premium of $484,888, with a premium decrease of $2,000.00.
(Page 11):
Total Premium: incorporates the Workers' Compensation.
Ignore this row. It is useless information as some of the quotes did not included every single line of
coverage.
As for the placement of Workers' Compensation, it is probably the easiest decision to make. There are two
proposals: $125,580 with TAC (package discount of $12,558 if placing Property/other coverages or $10,142 if
only placing Liability with TAC) and $134,421 with Texas Political Subdivisions Fund.
Texas Political Subdivisions Fund: has same coverage as TAC but cost of almost $10,000,00 more.
Differences in policies:
TAC has the lowest pricing which is a great price advantage for their Liability, but has some differences in
coverage which mayor may not be worth the $60,000 price advantage, Because of One Beacon's pricing,
considered "off the table" and will not be discussed unless questions are asked.
General Liabilitv (Page 1):
Under current General Liability policy the medical clinic (Health Department) is excluded from coverage (i.e.:
falls, wrong test results given to someone).
All proposers quoting $lM limit which is what the County has now. For an additional $850 TAC will increase the
$lM limit to $2M.
Options:
1. TAC clearly covers bodily injury at the clinic, but does not come out and say that they cover any
"medical errors" that may occur that do not result in bodily injury.
2, Travelers covers premise liability and "errors" for services rendered.
3, Trident only covers clinic premises but not anything else.
Pollution coverage: Right now the County's coverage is incorporated into the General Liability policy
and provides protection for the County when herbiCide/pesticides are used and there is any drift or run.
off.
Options:
1. TAC will cover the same as what the County currently has.
2. Travelers will cover the same but will also cover most any type of "sudden/accidental" pollution
event but it must be "discovered" within seven (7) days of its inception and reported to the
insurer within thirty (30) days. (Example: Above ground fuel tank is struck by lightening or
exploded and fuel ran off onto the adjoining land, noticed within 7 days and reported within 30
days, Traveler's would protect against any claim brought by the neighboring land owner. TAC &
Trident would not cover such an event.)
Travelers offers broader coverage regarding the medical clinic coverage and the pollution coverage.
Automobile (Page 2): All proposers quoting same amounts.
Public Officials Errors & Omissions (Page 3):
Provides protection for claims against the County and all elected officials, appointed officials, employees and
volunteers. The most common form of claim under this policy is one alleging wrongful employment practices. It
also covers errors and omissions such as Court making decision based on inaccurate information that could be
proven; the County would be defend and monetary damages would be paid.
GSM currently works with a broker who works with Hiscox Insurance Company and there are unresolved issues
regarding the policy. After reviewing the policy this past summer, it was clear that it was not assembled
correctly as portions of the policy would say that they were "changing this paragraph by going to Exhibit A", but
there was no Exhibit A attached. There are portions of the policy missing entirely and they still are at this time.
One of the portions that is missing from the current policy pertains to the termination of the policy. 'When the
policy is terminated and moved to someone else, we [Hiscox] will sei/ you an extend reporting period at the
price shown on this page'. This the page that is not in the policy. As of today, the cost of the extend reporting
period is not known and Hiscox has not issued a renewal quote to the County, It appears doubtful that the
County will be able to obtain one before the policy expires on January 1. These policies are written on "c1aims-
made basis". The policy covers claims made against you during the policy period no matter when the event
happened in the past. When you change from Hiscox to another insurance company, they will cover claims on
their policy period arising out of things that happened in the past as long as the event was something that you
were not aware of or had no reason to anticipate a claim. The category of things that happened in the past that
were known about or were suspicious about need to be reported to Hiscox within thirty (30) days after the
policy termination or you pay the premium to buy the extended reporting period. It is one week before the end
of the year and the County has not received its sixty (60) day cancellation notice from Hiscox therefore even
thought the policy period ends on January 1, you have thirty (30) days to report the knowledge of an event and
reserve coverage under Hiscox. That is thirty (30) days from termination of the policy. Since they have not
given you the sixty (60) days of non-renewal as required by the State, that policy continues in force if you want
to pay the premium. Hopefully the County will be provided a quote on the extended reporting period before
January 31.
Options:
1. TAC: quote $31,994
Does not reduce limit for every dollar spent on defense
Has the right to settle claims without County authority
2. Travelers: quote $44,877
Reduces limit for every dollar spent on defense
Has right to settle claims without County authority
3. Darwin (GSM): quote $24,102
Does not reduce limit for every dollar spent on defense
Will fight claim if County does NOT want to settle (will pay the amount of original out of court
settlement and will pay 60% of the amount above the settlement with the County paying the
remainder of the settlement)
Law Enforcement (Page 4):
Indian Harbor current policy is written on occurrence.basis: insurance policy in effect on the day the event
happened and goes back to whomever held policy (claim made in future for past to be covered by past holder).
Will need coverage for the boat that the Sheriff's Department is getting. Indian Harbor does not cover
watercraft. The only Law Enforcement coverage at this time is for the Sheriff's Department, Jail and Bailiff.
Does not include any other anclliary Law Enforcement employees.
Options:
1. TAC: quote $14,552
claims' made basis: pays on claims made for date claim is made. If you leave TAC, would need
to get the extended reporting period, With the lower premium, could buy the extended
reporting,
covers watercraft exposure under the General Liability policy
includes all law enforcement operations in the County
2. Travelers: quote $42,701
occurrence basis
covers watercraft exposure
includes all law enforcement operations in the County
3. Indian Harbor: quote $31,583
. occurrence basis
excl udes watercraft
includes all law enforcement operations in the County
County IDistrict Clerks Errors & Omissions (Page 5):
Current coverage: there is no coverage for claims that arise from monies not collected. Evanston (excludes
failure to collect monies) will not renew. If County decides to go with GSM will need to go with ACE for
County/District Clerk E & 0 coverage.
1. (TravelersjTrident) ACE does not exclude failure to collect monies - $1,000,00 deductible
2, TAC covers under the Public Officials E & 0: does not exclude failure to collect monies - $15,000.00
deductible,
Public Officials Errors & Omissions (Page 3):
TAC's Public Officials quote is more highly written for county governments and exposures in county governments
than any other Public Officials policy on the market. Other policies are geared toward all governments (city,
county, navigation district), but TAC's policy is for counties.
. $50,000 limit for defense coverage wrongful taking of property
. $25,000 limit for back wages
Special coverage for:
. District Judges: $2M limit
. District Attorney: $2M limit (generally not covered as doesn't fall under definition of county
employee)
Malicious Prosecution claims: $500,000 limit
TAC, Travelers and Darwin quotes are better than what the County now has in many respects.
Under current policy: The insurance company's obligation is to reimburse the County for its defense costs and
for damages prior to the conclusion of claims. The insurance company has the right to reimburse on the day of
the judgment or soon after the County will be reimbursed. The County has to pay the expense up front and be
reimbursed after claim is settled. (On the claims that the County has had, Hiscox has been reimbursing before
the conclusion,)
TAC, Travelers and Darwin policies are written so that the insurance companies has to front the legal expenses
and damages, The County has to pay the deductible, but above that, the insurance company pays and the
County does not have to seek reimbursement.
Discussion:
Judge Pfeifer: VFIS insurance coverage for EMS and Volunteer Fire Department, covers EMS, the doctor and
covers liability for the volunteers if they have an accident to/from scene and it is a good policy. Under TAC's
policy says that they are covering EMS exposure (not including doctor's malpractice),
Don Gray: TAC's General Liability includes EMS coverage. Hoping to have TAC reduce the premium for NOT
covering EMS. TAC's coverage doesn't compare to The VFIS coverage, There is no need to be double covered.
At this time, the County is being double covered.
Judge Pfeifer: Where is the EMS and VFD covered?
Don Gray: On a policy written by the Volunteer Fireman's Insurance Services through GSM. It is not part of the
RFP.
Commissioner Lyssy: Since VFIS has such good coverage, not requesting a bid for that policy.
Judge Pfeifer: Trident and TAC it says that EMS & VFD is included.
Don Gray: There is no extra charge for the coverage. TAC and Trident won't take out the coverage. It is part of
the package.
Judge Pfeifer: If we go with TAC or Trident can we still buy the VFIS insurance?
Don Gray: Yes.
Commissioner Lyssy: We are buying the buying the VFIS,
Commissioner Lyssy: Medical coverage under General Liability is our only exposure just the Health Department?
The hospital has its own insurance?
Don Gray: Yes, The Jail is contracted out for health care.
Overview:
1. TAC has huge premium advantage of about $60,000 to $70,000 on just the 4 Liabilities and Clerks E&O.
2, Travelers:
has a broader pollution coverage than just herbicides/pesticides,
Provides cover medical malpractice "errors" in the clinic
Commissioner Finster: Errors in collecting monies and have had several cases of that happening.
Don Gray: Don't know the outcome of the current cases. Wrote the RFP asking for coverage for collections of
monies. ACE and TAC wrote proposals that do not exclude the collections of monies.
Commissioner Finster: Is that for any department to collect funds?
Don Gray: The clerks policy covers the clerks' offices. The public officials policy covers the officials'offices.
Commissioner Finster: Does it cover when a county employee collected the money but it got lost/thrown away?
Or is that on the Public Officials coverage?
Don Gray: That won't be covered, It will only be covered if there is a claim brought against the county from a
third party.
Commissioner Finster: If one of my employees is collecting money, I am responsible even though they might be
the one who made the error.
Don Gray: Theoretically the County could bring suit against you for your failure to collect the money, That
should be covered by the Public Officials policy in excess of a high deductible and your bond. It would have to
be a significant amount of money due to the high deductible on the policy,
Commissioner Galvan: The E & 0 is for when you tell someone that you are going to do something and It
doesn't get done and they want to sue because they think that you lied to them.
Court recessed at 10:59 A.M.
Court reconvened at 11:10 A.M.
Contractors Equipment/Inland Marine (Page 6):
Road working equipment, tractors, graders, walkie talkies, cell phones, have several million dollars worth of
equipment.
Options:
1. TAC: $1,000 deductible
. Flood coverage
. Windstorm coverage (only on named storm)
will pay lesser of the "scheduled" value for replacement cost to replace if under two (2) years
old
older than two (2) years will pay depreciated value
offers $5,786 credit for transferring EMSjVFD Inland Marine to VFIS policy
2. Travelers: $5,000 deductible
Windstorm (named or unnamed storms)
only available if liability is placed with Travelers
excludes flood
3, L10yds of London: $5,000 deductible
Windstorm
excludes flood
4. Trident: $500 deductible
Windstorm
excludes flood
Don Gray: Need separate quote for Inland Marine Policy. Great American no windstorm and excludes
miscellaneous equipment.
Emplovee Dishonesty (emplovee theft of County funds) (Page 6):
Current coverage with Western Surety ($10,000 occurrence) does not expire until September 1, 2014,
Options:
1. TAC covers $100,000 occurrence
offers more reasonable limits
if County decides to go with TAC, cancel policy
covers cyber theft
2, Trident: $10,000 occurrence
3. Travelers: $10,000 occurrence
Equipment Breakdown: included in the Property Insurance coverage.
Property (page 7):
Current County insurance policy has no current flood insurance for the any county owned property, Courthouse
or Hospital. Only the jail is covered.
Options:
1. TAC: $2,500 basic/$l,OOO mobile equipment deductible
Flood coverage
$5M NOT in flood zone
$lM in flood zone
Earth movement
. Windstorm coverage
Named storm
up to $5M
Non-named storm
pays lesser of the "scheduled" value for replacement cost to replace if under two
(2) years old
older than two (2) years will pay depreciated value
. offers $5,786 credit for transferring EMSjVFD Inland Marine to VFIS policy
. has pier coverage $500,000 per location
2, Travelers: $10,000 deductible (Great American)
excludes flood
. earth movement
windstorm & hail
3. L10yds of London: $S,OOO deductible
Windstorm & hail ONLY on Courthouse, Jail and MMC
excludes windstorm on all other locations
excludes all flood
excludes earth movement
roofs or roof repairs prior to 2000 covered at depreciated value
4. Trident: $2,500 deductible
only pays cost of building as originally paid and not for rebuilding overages
excludes windstorm & hail
excludes earth movement
excludes flood
Don Gray: With Trident it is the same coverage we have now. L10yds only covers windstorm, no flood insurance
available. Great American excludes flood. Windstorm have to add others. TAC has sub-limits and high
deductible 2% as compared with current GSM coverage. Assuming total loss - $lM deductible with TAC and
compared with others: assuming total loss: $500k deductible.
Great American separate. L10yds has no "wiggle" room for miscalculations on values and roof coverage,
Two options on setting aside: Great American has good blanket limit; L10yds has sub-limits.
Flood (Page 8):
Options:
1. TAC: covered under Property proposal
2. Travelers: $1,000 deductible for each building & each building's contents
Jail policy period 6/24/2012-2013
. POC Fire Station policy period 8/30/2012-2013
JP5 policy period 8/29/2012-2013
3, L10yds of London: same as Travelers
4. Trident: same as Travelers
Windstorm (other than Courthouse. MMC & Jail) (page 9): does not cover flood,
Options:
1. TAC: 2% deductible of the building/contents (included in Property)
. Named storm
. up to $5M
Non-named storm
pays lesser of the "scheduled" value for replacement cost to replace if under two (2)
years old
older than two (2) years wili pay depreciated value
2, Travelers: $1% deductible of the building/contents (TWIA)
excludes all flooding
expiring values may need to be adjusted to reflect current values to be properly insured
3. L10yds of London: 1% deductible of the building/contents (TWIA)
excludes all flooding
. expiring values may need to be adjusted to reflect current values to be properly insured
4, Trident: 1% deductible of the building/contents (TWIA)
. excludes all flooding
expiring values may need to be adjusted to reflect current values to be properly insured
Discussion:
Commissioner Lyssy: On the flood policies, Courthouse and MMC are excluded. Why is that?
Don Gray: Current County insurance policy has no current flood insurance for the any county owned building
except for the Jail and it is a $500,000 coverage.
Cindy Mueller: Only the Jail and any other small buildings that are bought are covered, J P5 and POC Fire
Station and that is because the County did not go out and purchase flood insurance in the past years,
Commissioner Lyssy: None of these [proposers] have flood is that correct?
Don Gray: TAC has coverage in flood plain ($l,OOO,OOO)/outside of flood plain ($5,000,000), in excess of flood
policy and most that they pay is $1,000,000 in the flood plain.
Lori Wiggins (TAC representative): The reason that TAC has written the flood with the windstorm is because
they have paid losses from the storm surge during named hurricanes.
Don Gray: Would prefer the Flood and Windstorm be excluded from the Property policy so that the County
would have the flexibility to renewing the separate policies with GSM and have the 1% deductible of the
buildings and contents.
Lori Wiggins: What most of the counties have done is put aside the premiums paid to TWIA for Windstorm and
the premiums for any of the other policies. The minimum amount is $SO,OOO or 2% of total loss (all damaged
buildings),
Don Gray: Total devastation would cost be a deductible cost of approximately $900,000 at 2% deductible
compared to the $4S0,000 at 1% deductible.
Commissioner Lyssy: Is that for accumulative damage or is that per incident?
Lori Wiggins: It is for the storm. All the claims for the storm,
Commissioner Galvan: Hailstorm damage in the past has come up to $200,000 in the past.
Lori Wiggins: Hail is not a separate limit or deductible and is considered as a regular loss. Named storm is the
only place that the 2% deductible comes into play.
Court recessed at 12:01 P.M.
Court reconvened at 1:30 P.M.
Discussion:
Judge Pfeifer: Any more questions on the Liability Insurance?
Commissioner Finster: Pollution coverage?
Don Gray: Only pollution coverage currently Focuses on herbicides/insecticides and are covered. TAC covers
herbicides/insecticides. Trident covers, Travelers will cover other types of pollution (with the exception of
underground fuel tanks) as long as it is sudden and accidental: above ground fuel tank explodes, fuel spills
across fence and any claims to clean up property, Sudden event accident must give seven (7) days to report
accident to county and report to insurer within thirty (30) days, It is not Travelers intent to clean up soil that
has had years of leakage,
Commissioner Finster: Has concerns about storage tanks with several 1,000 gallons and leaks due to possible
gun shot damage (from accidental stray bullets from hunters). There is a containment wall around them.
Don Gray: A slow leak would not be covered, only a sudden burst.
Commissioner Finster: Regarding the insurer's right to settle claims without the insured's choice, what is the
advantage/disadvantage of this monetary-wise?
Don Gray: If I'm (County) being sued and my insurance company says that they are going to settle out of
court, it makes me, the insured look guilty by settling, The insured may want to go to court and fight the claim
and have a jury decide. The person insured typically likes to have an insurance company who will go to court for
you, With TAC, insurer has the sole right to settle the claim, but has paid the settlement cost to the insured and
let the insured go to court on their own to fight claim.
Commissioner Finster: Travelers will pay for someone falling down over at the hospital and getting hurt and
suing?
Don Gray: All of the proposers will cover that but Travelers goes a step further and cover not only bodily injury,
but will also cover an medical malpractice mistake that does not cause body injury,
Commissioner Lyssy: Does it cover any violation of the HIPAA law?
Don Gray: No, it does not cover. Had hoped that the proposers would cover both bodily injury and "errors'~ but
only Travelers will cover both occurrences,
Commissioner Finster: How does the coverage for Volunteer Fire Department and Emergency Medical Service
volunteers work?
Don Gray: Specialty insurance policy that is tailored for a EMS' needs is through VFIS which has great pricing
and coverage that the County already buys. TAC and Trident threw in coverage on general liability even though
it is not needed with the VFIS policy. Wanted to know if the proposers could drop that coverage and lower the
premium, but was told no. It's there, it's free and it's double coverage, but the VFIS is the primary insurer.
Commissioner Finster: Are the voiunteers covered under that policy as well?
Cindy Mueller: It is a separate policy that the volunteers have and is outside the scope of what is being
discussed today.
Don Gray: There is a separate medical expense policy that covers the volunteers for up to $10,000 for medical
expenses.
Commissioner Lyssy: That won't create a problem with an insurer by having two policies? They won't say that
County can only have the one coverage?
Don Gray: The insurance companies would have to decide who is paying, but the County would be covered.
Lori Wiggins: Have increased the med pay on the general liability policy to $S,OOO and removed the exclusion to
cover volunteers because there are a lot of counties that use a lot of volunteers to build paths, bird watching,
etc,
Commissioner Lyssy: Who is not covered under Law Enforcement?
Don Gray: Constables, DA, juvenile probation, All the proposers have quoted to cover all of them, No matter
which proposal chosen, Law Enforcement will be covered. That will be a savings of $5,000 a year which has had
to be budgeted by Dan Heard each year to buy a separate policy.
Commissioner Lyssy: Watercraft could be covered under the Trident policy?
Don Gray: Yes.
Judge Pfeifer: How about under the TAC's policy?
Don Gray: Under TAC, the boat is covered.
Court recessed at 2:25 P.M.
Court reconvened at 2:37 P.M.
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CALHOUN COUNTY
RFP #2012.09.27.01
1>",0.,
,.. \TEXAS ASSOCIATION Of COUNTIES
~~ ,:RISK MANACEMENT POOL
QO"~1'
J>>. S S 0 C
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November 07,2012
Calhoun County Commissioners Court
c/o Honorable Michael Pfeifcr
Calhoun County Judge
211 S Ann St Ste 301
POli Lavaca, TX 77979-4249
Dear Honorable Comi Members:
Thank you for the opportunity to present the enclosed proposal to your County. The Texas Association
of Counties Risk Management Pool has devcloped a portfolio of coverages specifically designed
for Texas Counties which, I believe, responds well to the unique needs of county government. The
proposal enclosed is as follows:
Automobile Liability
Public Officials Liability
Property
Auto Physical Damage
General Liability
Law Enforcement Liability
Crime
Workers' Compensation
Please note that each line of self-insurance offered attempts to provide the broadest coverage possible.
The Pool's primmy purpose is to ensure reasonably priced coverage is available and that members
do not experience problems of non-availability as they did several years ago when the commcrcial
insurance market refused to write coverage for governmental entities.
We have included, for your information and reference, a list of other counties that participate in the
TAC-sponsored self-insurance Pool. We are confident that any of them would provide excellent
references for the Pool. Also, enclosed is a fact sheet detailing how the Texas Association of Counties
Risk Management Pool operates. An important concept to note is that the T AC Risk Management
Pool is non-assessable. In other words, we transfer the responsibility for a claim fi'om the subscribing
member to the Pool. There are small independent pools operating in Texas where the risk is not
trans felTed; meaning that the financial responsibility for a claim would revert back to the county upon
cancellation of the coverage, or if the pool has financial difficulties.
To initiate coverage, please eomplete the enclosed coverage acceptance fOlm immediately and return
it to us, It will be necessary to have these document completed and returned prior to the coverage
effective date. Please have the appropriate official sign all copies of the agreements and retum one
copy of each to our office.
(512) '178-8753. (SOO) 456-rli174. (fJl2) 47H-H26 FAX. wW\\'.t'oullt)'.org. 1210 San Antonio, Austin, TX 78701. P,O, Box 21~1, Austin, TX 787()8-21:~1
Gene Terry~ Ewr:u.li1Jl; Director
Honorable Michael Pfeifer
November 07, 2012
Page 2
If you have any questions or need assistance in evaluating our proposal, please do not hesitate to
contact your Member Services Representative or me at (800) 456-5974.
Sincerely,
K~ --:p ~
Randy P. Plyler, CIC, ARM, AAI
Director, Risk Management Services
Texas Association of Counties Risk Management Pool
Calhoun County
12. Ancillary Services
Risk Control Consultants
TAC has risk control consultants to assist TACRMP members in the mitigation of
exposures commonly found in offices, detention facilities and road construction
operations. They assist Pool members who have workers' compensation,
property or automobile liability coverage.
Key services provided:
Technical Assistance: Risk control consultants help members with the
development and implementation of risk control programs and are considered
an invaluable resource in the development and promotion of return-to-work
programs. These programs benefit counties across the state by reducing the costs
of claims and employees' days away from work due to work-related injuries,
Reduced employees' medical expenses and reduced days away from work cut
members' workers' compensation losses.
Claims Analysis: Risk control consultants analyze members' past losses and
develop actions plans to prevent future losses. Pool members value these
services and rely upon them when making business decisions.
Risk Management Surveys: These surveys identify and alert members to
potential conditions that could lead to an accident or a loss. Consultants also
assess and evaluate members' safety programs.
On-Site Training: Risk control consultants offer members on-site safety training.
Topics covered are intended to address members' specific safety issues and to
increase safety awareness. Some of the topics include: ergonomics, back injury
prevention, construction equipment operations, fleet safety, and slip and fall
prevention.
Continuing Education: A number of our risk control consultants hold coveted
certifications such as Certified Safety Professional (CSP) and Certified Risk
Managers (CRM).
Resource Library: TAC has an extensive video library on general safety topics,
law enforcement and management available to TACRMP members. Many
counties rely upon this service for their own in-house safety training.
Driving Simulator: Our driving simulator helps develop defensive driving
techniques and improves driver decision-making skills. It's designed to train
public works operations and emergency personnel, who constitute the majority
of the drivers insured by counties.
Regional Workshops
TACRMP annually conducts regional workshops for Pool members on human
resources issues, law enforcement operations and safety awareness. The specific
topics covered are designed to address current national trends in these subject
areas as well as members' particular risk control needs. TAC notifies members by
email about upcoming workshops.
TAC Online University
TACRMP members participating in the workers' compensation, public officials
liability or law enforcement liability coverages can benefit from a new slate of
free TAC Online University classes for county officials and staff. Courses are
assigned by risk control consultants upon completion of training needs
assessment. Courses can be taken 24/7 from any computer with Internet access.
Students passing law enforcement classes can earn one credit hour of Texas
Commission on Law Enforcement Officer Standards and Education for each
course passed.
Each member must identify a training administrator to register the county and
sign up employees for training. To register your county, visit the TAC website,
www.county.org, and look for TAC Online University.
Webinars
Pool members also can participate in a number of free, interactive webinars
offered throughout the year. Presentations range from employment law updates
to risk management topics. T AC notifies members by email about upcoming
webinars.
More Information
For more information about the risk control services offered to TACRMP
members, please visit the TAC website, www.county.org, and look under "Pool
& Risk Services." You can also contact TAC at (800) 456-5974 or email Ernesto
Galindo, risk control manager, at ernestog@county.org.
PART III
INSURANCE COVERAGES & PROPOSAL QUESTIONNAIRE
Calhoun County desires proposals for insurance coverage that is equally as "broad" (or broader) as compared to
the coverage presently in force. Given certain coverage aspects to the current insurance policies that were
identified in the process of preparing this RFP, several coverage changes are requested. Enhancements not
found in the current policies that will likely be purchased if proposed are labeled below as "Desired
Enhancements". Other enhancements that mayor may not be purchased are identified below as being "Optional
Enhancements".
The coverage presently in force is summarized on the fOllowing pages in a "table" format. The actual policies
presently in force are provided as Exhibits to the RFP. Please review the information provided below before
reviewing or completing the following Proposal Questionnaire.
1. The Proposal Questionnaire serves four basic purposes.
. First, it provides proposes with details about the coverage currently in force and its pricing. Since the
RFP requests pricing for coverage similar to the coverage currently in force, this Questionnaire
provides proposers with details about the coverage presently in force.
. Second, the Questionnaire provides the proposer with a format to be used in detailing the proposed
coverage (including coverage options.)
. Third, the completed Questionnaire will be used in evaluating the proposals (Therefore, completion is
mandatory.)
. Fourth, the Questionnaire submitted by the successful proposers will be compared to the insurance
policies ultimately issued to make certain that the policies agree with the Proposal Questionnaire.
2. It is estimated that a person who is familiar with the coverage that is being proposed can complete the
Proposal Questionnaire in 2-4 hours.
3. You are welcome to the complete the Questionnaire by hand. It is not necessary to type the responses.
4. The proposal must include a true and exact copy of the policy language that would be found in policies issued
to Calhoun County (including all endorsements, terms and conditions, but not including limits, schedules of
insured property, retroactive dates, policy period term, deductible values). "Sample" or "Specimen" policy
language is not requested unless it is intended to be an exact match to the policies that would be issued to
Calhoun County.
5. Please attach complete copies of the underwriter's "quote" sheet(s).
6. If quoting a separate Sudden & Accidental Pollution liability policy, you are welcome to present the proposal In
any form of your choosing. A Proposal Questionnaire form is not provided for this line of coverage,
7. Please attach any additional proposal material that you care to provide with the Proposal Questionnaire,
especially relating to coverage enhancements being offered that are not addressed in the questionnaires. .
8. The layout of the Proposal Questionnaire only accommodates a quote for one premium and one deductible
option per line of coverage. If you plan to offer several deductible options, we suggest photocopying the
appropriate pages within the Proposal Questionnaire and providing the deductible option and resulting
premium on the reproduced pages,
9. Proposers are asked to use the "Premium and Poi icy Period" portion of each insurance coverage section to
provide pricing for coverage similar to the coverage now in force. The "Options" portion of each coverage
section should be used to provide pricing for each proposed option. When providing the pricing for each
proposal "Option", provide only the additional cost or credit. For example, if you are quoting a $10,000
premium for a $2M occurrence/aggregate limit on Public Officials E&O coverage in the "Premium & Policy
Period" portion and an Option of $15,000 premium for a $4M aggregate limit, then Option 2b in the Option
section should reflect only the additional incremental pricing of $5,000 (i.e., $15,000-$10,000),
Page -16
10. Quoted premiums must include any applicable surplus lines and/or fees.
Please contact Don Gray of Gray & Co. if you have any questions regarding the completion of the Proposal
Questionnaire. (512-496-3583; don@insconsultant.com).
Questionnaire Kev
RFP = Request for Proposals
BI = Bodily Injury
PD = Property Damage
N/A = Not Applicable
Incl = Included
NI or Not Incl = Not Included
E = Excluded
NE = Not Excluded
Miscellaneous (Must be completed!)
1. Have you enclosed true and exact copies of proposed policy language in each copy of your
proposal (including all endorsements, terms and conditions, not required to complete
declaration pages and schedules)? Yes.
2. Reminder: Attach a listing of references in accordance with RFP 11-23.
3. Do proposing insurers satisfy the provisions of item 11-5 in the RFP (Insurer Eligibility)? Yes.
TACRMP is a risk sharing pool, not an insurance company. Therefore TACRMP is not rated by
Best Guide.
4. Rates are guaranteed for what period of time? (RFP 11-13) Property rate is guaranteed from
1/1/13 -7/1/13. All other lines are guaranteed from 1/1/13 -1/1/14.
5, Does the insurer agree to provide loss runs in accordance with RFP 11-19? Yes. Loss runs will
be provided upon written request
6. Do the agent/brokers/representatives who will service the proposal meet the requirements of
RFP 11-22? Yes.
7. In the space below, detail all "Supporting Coverage's Requirements" as required by RFP il-15.
(VERY IMPORTANT) Coverage for Inland Marine exposures available as part of Property
coverage and not available for separate purchase. The following coverages are offered as a
package and not available for individual purchase: Auto Liability, Auto Physical
Damage, General Liability, Public Officials Liability and Law Enforcement Liability.
8, Have you attached a copy of the insurer's criteria for excluding drivers? Yes.
9. Have you attached copies of the underwriter's quotations? (VERY IMPORTANT) Yes.
10. Please detail the date(s) by which you propose to provide auto ID cards, as requested in RFP
Part 11-25. Auto ID cards will be sent to Calhoun County upon receipt of signed Auto Liability
acceptance forms.
Page -17
11. The Proposal must be signed and dated by an officer (or employee) below who is duly
authorized to execute this contract, and by signature below confirms that this company,
corporation, firm, partnership or individual has not prepared this proposal in collusion
with any other Vendor, and that the contents of this proposal as to prices, terms or
conditions of said proposal have not been communicated by the undersigned nor by
any employee or agent to any other person engaged in this type of business prior to the
. official ~P'l1g of this 2Ppo~al.
slgnature:151JjJJ-!l!l ~
Responses to this questionnaire are not intended to serve as indication of coverage, nor are
they intended to take the place of coverage documents. For actual coverage language,
refer to sample coverage documents included in this proposal.
Page -18
Automobile Liability & Physical Damage Proposal
Proposing Insurer: TAC RMP
.,.-..... .,'" ','"
DESCRIPTION
Liability Limit
Includes liability protection for "non-
owned" vehicles (employee owned
vehicles while used for County
business) (symbol 9)
I ncludes liability coverage for
"specifically described" vehicles (symbol
7)
Includes liability protection for "Hired"
vehicles (symbol 8, vehicles used on
County business which are not. owned
by the County or by employees)
Includes liability protection for hired or
borrowed vehicles
Includes physical damage protection for NI
hired or borrowed vehicles
Current A.M.Sest Rating Level (ie., A ):
Curr-ent A.M.Sost Financial Size (ie., XV):
/\dmittee!Non ,^.dmittee in To)(as:
Argonaut Ins. Co.
(through the Tx.
Associations of
Political Sub. Pool) ,
'Expiring Limits &
Coverage
$ 100,00081
each person
$ 300,000 81
each accident
$ 100,000 PD
each accident
Includes physical damage protection for
"Specifically described" vehicles
(symbol 7)
"Hired" car physical damage (not $50,000
applicable to employee owned vehicles)
Airbag coverage
This insurance does not apply to EMS
and fire vehicles which are scheduled
on a different policy purchased by the
County
Includes "glass breakage" coverage
(deductible waived on private passenger
vehicles when glass is repaired instead
of replaced)
$1,000
I
Page -19
NI
NI
Limited Mexico coverage NI I
$10,000 Supplementary Death benefit NI I
Garagekeepers Liability (Excess Basis) NI NI
Uninsured Motorists coverage NI NI Available by
endorsement
Personal Injury Protection coverage NI I
Written on an occurrence form (not I I
"claims-made")
Insurer has the right and duty to defend I I
and to select defense counsel
I I
Defense costs do not reduce limits
Insurer pays defense costs and I I
damages on the insured's behalf.
Physical damage coverage includes I I
flood, wind, hail and hurricane
Physical damage claims are adjusted on I I
a "depreciated" value basis
No-fault Medical Payments coverage NI I
Towing coverage NI NI
Reimbursement of physical damage Up to $500 per NI
deductibles under an employee's occurrence
personal auto policy if damaged in the
scope of services for the County
Employees as Insureds endorsement NI NI
(Form TE 9933 or its equivalent) ,
Pollution Liability - Broadened Coverage NI NI
(TE 9948-A)
Care, Custody & Control Exclusions N/A NI NI
to property damage of the County
passengers
Automatic physical damage coverage NI NI
for unit that replaces a previously
scheduled physical damage unit
Bodily injury or property damage NI NI
expected or intended from the
standpoint of the insured
Contractual liability NI NI
Page -20-
Claims for which the State has the NI
responsibility to defend, indemnify or
pay
Coverage for the unintentional failure to NI
disclose hazards
Physical damage coverage applies to
permanently mounted electronic
equipment (radios, radar)
Transportation expenses at $50/day not
to exceed $1,000 for stolen private
passenger vehicles
Personal effects coverage for stolen
vehicles
$250
Excludes bodily injury to any volunteer
firefighter or other volunteers if
sustained while engaged in volunteer
firefighting, rescue squad, ambulance
operations
Excludes liability for professional
services such as failure to provide
medical services, injury resulting from
serving foods or drink, handling of
corpses
Fellow employee exclusion deleted
TRIA Terrorism
NI
Automobile Deductibles
DESCRIPTION
Bodily Injury/Property Damage Liability
Comprehensive, Collision physical
damage
None
$2,500 each auto
Page -21-
NI
NI
$20/day with
maximum of
$600
Proposed '. COMMENTS
Limit or ,
In.cluded (I) or
Not Included
(NI)
Automobile Premium & Policy Period
Annual Premium for coverage $54,669 $38,009
outlined above (including Auto
Theft Fee, but w/o TRIA)
Additional TRIA premiurn (if Not proposed
optional)
Policy Period 1/1/12-13 1/1/13-1/1/14
Subject To
Is Premium subject to audit? Yes No
Will premium be subject to an No No
experience modifier?
Underwriter's Conditions Offered as a package with General
Liability, Public Officials Liability and
Law Enforcement Liability.
Optional Enhancements
I 'OgSCRlpTION .' ...,. ", >>. ' Ab~.l.f$"ME:N-rt8\?i'...".i -.-.,....:.:.'.-....,.,.,...-...:.-.-.;'-.- COIv1Iv1ENT$.(i.ndicate'''!'lOI
ElSPlJSWI.13Q; .'.. . .
'... pr~rni~rngu9t~~.Il.l:>Oye' .... (ifdifferel11 from .prQPos~d'~if th~optiOQis not
I,', (il1s0s~te.':-"f9rretUTJ1".. . deducfibles being P[oposedQ["lndUded"
prdvidedaboVe) if cov~ragei~ prqviged at nO
prerniumor"t" for,' ." ' ': change)nthe premium
I ., ..,. ,..',. ....>"... > l:!c!gitiPl1a)prerniprn) " :. '. I. prpyiq.eq.ebove),. . . '. .... ....'
1. I3roaden definition of "bodily $ $ Not proposed
injury" to include shock,
mental anguish, mental
injury & damages for care or
loss of service.
2, Provide Flat Premium $ $ Not proposed
l3asis, no additions,
deletions or Final Audit
3. Provide broadened pollution $ $ Not proposed
coverage
4. Provide "Employees As $ $ Not proposed
Insureds" endorsement
(TE9933 or its equivalent)
5. I3roadened pollution liability $ $ Not proposed
(TE9948-A or its equivalent)
6. $1,000 liability deductible $ -1393 $
Other (Explain) $ $
Page -22-
Proposing Insurer:
T AC RMP
General Aggregate Limit (does not
apply to Medical Payments,
Products/Completed Operations,
Fire/Lightning/Explosion Legal Liability)
Products and Completed Operations
Aggregate Limit
Bodily Injury, and Property Damage-
Each Occurrence Limit
Personal Injury and Advertising Injury
Limits
Damage to premises rented to the
County
No-fault medical payments limit per
person
Employee Benefits Liability
Includes park liability, swimming areas,
pier liability, landfills, mobile equipment
liability, premise liability, all county
bridges and roads
Includes pollution liability for the use of
herbicides and pesticides by licensed
person when done in accordance with
governmental regulations
Includes sudden and accidental NI
pollution coverage for exposures such
as runoff, mechanics, garage
operations, tar, oils, above ground fuel
storage tanks, chemicals, recycling,
waste collection, fumes, waste
collection, waste disposal, waste
storage etc.
General Liability
Cllrrent A.M. Best Rating Levol (io., A ):
Current .'\.M. Bost Financial Size (ie., XV):
,^,dmitled.'Non Admitted in Texas:
c,..........._...._..............;.........._......._ -.-
, Argonau-t Ins. Co. ~ ~
, (throlighthe Tx. '
Associations of .:
Political Sub. Pool)
Expiring Liinils &
~ Coverage
$2M
$2M
$1M
$1M
$100,000
NI
$1M
Page -23-
Includes pollution liability for smoke NI NI
from hostile fires and fumes from
heating equipment, mobile equipment
fuel and lubricant
Includes coverage for claims arising out I I Desired
of emergency medical services, fire Enhancement:
districts and departments, including Exclude the
claims for professional services operations of
the County's
EMS
department and
all volunteer fire
departments
inasmuch as
these
exposures are
covered under a
separate GL
policy
Building illness NI NI
Firework displays NI I Policy Silent
Hospital exposures NI NI
Law Enforcement exposures, watercraft NI I Includes
and jail coverage for
Law
Enforcement
premises. No
coverage for
Law
Enforcement
acts.
Rodeo exposure NI I
Eminent domain or inverse NI NI
condemnation
Professional services provided by NI NI
engineers or architects
Personal injury to public officials NI NI
Employment practices NI NI
Includes watercraft liability (owned, I I
rented, borrowed, or commandeered by
the County) except when used for law
enforcement activities
Contractual liability assumed in an I I Limited - see
insured contract form
Page -24-
Contractual liability that exists in the I NI
absence of a contract
Employers liability coverage NI NI
GL and Employee Benefits Liability is I I
written on an occurrence form (not
"claims-made")
Insurer has the right and duty to defend I I
and to select defense counsel
Defense costs do not reduce limits I I
Insurer pays defense costs and I I
damages on the insured's behalf.
Covered parties includes employees, I I
members of the Commissioners Court,
boards, elected or appointed officials,
volunteers
"Covered party contract" includes I I
operations on or within 50' of a railroad
Coverage applies to bodily injury and I I
property damage resulting from the use
of reasonable force to protect persons
or property
Worldwide coverage territory I I
Employers liability exclusion does not I I
apply to injury to volunteer firefighters
Non-owned aircraft coverage (when I I
chartered with a crew)
Host liquor liability coverage I I
Claims for which the State has the Not addressed NI
responsibility to defend, payor
indemnify
Coverage for damage to personal NI NI
property in the care, custody or control
of a covered person
TRIA Terrorism NI NI
Protection for the County and for I I
employees resulting from medical
services provided by employed nurses
and medical service employees through
the County's health clinic
Page -25-
Protection for the County and for NI NI
employees arising from medical care
rendered to jail inmates by medical
personnel not employed by the County
Separation of Insureds provision I I
Coverage for the unintentional failure to NI I
disclose hazards
Sexual Abuse or Molestation Not specifically NI
addressed as
respects defending
a person who is
determined to be
innocent or in
regard to a person
who is accused of
the failure to
supervise, properly
monitor employees,
etc.
Cost to purchase an ERP for the N/A NI
Employee Benefits liability coverage
"Additional insureds" when required in a I I
written contract
Definition of Bodily "Injury" includes NI NI
mental anguish or mental distress
General Liability Deductibles
General Liability $1,000 per I
occurrence/offense
Employee Benefits Liability $1,000 each claim I
General Liability Premium & Policy Period ,
Annual Premium for coverage outlined $75,283 $12,662
above but without TRIA
Additional TRIA premium (if optional) Not Proposed
Policy Period 1/1/12-13 1/1/13-14
Subject To...
Is Premium Subject to Audit? No No
Proposing Underwriter's Conditions Offered as a package with Auto Liability, Auto
Physical Damage, Public Officials Liability and
Law Enforcement Liability.
Page -26-
Optional Enhancements
Decrease the GUEBL Liability limits
to bodily injury at $100,000 per
person (up to $300,000 per
occurrence), $100,000 property
damage, $100,000 personal injury
(and leave EBL at $1M if possible)
Provide defense and damages for
claims against insureds for
1) the actual or threatened
sexual abuse or molestation of
any person and
2) Coverage for the
negligent hiring, retention,
screening, investigation,
supervision, reporting or failure
to report a person who has
threatened or performed sexual
abuse or molestation (including
a defense for persons accused
of sexual molestation until
proven guilty of such charges).
Provide pollution liability coverage
for hostile smoke; fumes, exhaust
and vapors resulting from
printing/photocopying operations;
HVAC systems, mobile equipment
fuel and lubricant
Provide sudden and accidental
pollution coverage for exposures
such as runoff, mechanics, garage
operations, tar, oils, above ground
fuel storage tanks, chemicals,
recycling, waste collection, fumes,
waste collection, waste disposal,
waste storage etc.
-3,047
GL and EBL liability
limits at $100,000
per person (up to
$300,000 per
occurrence),
$100,000 property
damage, $100,000
personal injury
Page -27-
COMME:NTS
(in'dlcate "Not
proposed" if the
option is not being
~proj)osed or
"Included" If
coverage is
,prQvided at no
change in the '
premium provided
abpve):
GLlEBL are
included in the
same coverage
document and
not subject to
separate limits.
Not proposed
Not proposed
Included
Provide protection for claims I Coverage is for
against the County and its officials member's
and boards and employees arising liability
from the use of the County rodeo
arena by others
Provide coverage for professional Not proposed
liability claims arising out of the
County's health clinic
Amend the definition of "bodily Not proposed
injury" to include mental anguish or
mental distress
Provide pollution liability coverage Not proposed
for products/completed operations
Provide $5,000 Medical Payments Not proposed
coverage
$2,500 GL deductible $-1,014
$5,000 GL deductible $ -1,490
Eliminate the GL deductible $ 237
Other (Explain)
Page -28-
Public Officials Errors & Omissions Legal Liability
Proposing Insurer: TACRMP
Each Occurrence/Aggregate Limit -
Monetary Damages (E&O/EPL
combined)
Defense costs
Reputation loss
Defense of claims seeking non-
monetary relief or injunctive relief
Retroactive date for prior acts coverage
Punitive Damages
Includes Employment Practices liability
coverage
Excludes the County hospital
Cummt /\.M.Sest Rating Level (ie.,.'1 ):
Current A.M.Best Financial Size (ie., XV):
/\Elmitted!Non ,^.dmitted in Tel(as:
T/'.C Risk Management
!>GGI Expiring Limits &_
Coverage - - '
$1,000,000 /
$1,000,000
Limited to $1 M
outside the liability
limits (as opposed
to unlimited outside
the limits)
$50,000
$100,000
1/1/2008
No, but this is likely NI
an oversight as the
hospital exposure
is not intended to
be covered for
E&)/EPL or
otherwise (a
separate policy
applies to the
hospital exposure)
Page -29-
Proposed Limit
or Included (I) or
, Not Included (Ni)
$2,000,000/
$2,000,000
Defense costs
are included
in the limit of
liability.
NI
Included at
$1,000,000
within the limit
of liability.
Additional limits
can be
purchased.
Coverage for
county
employees at
the hospital is
available by
endorsement.
County Clerk/Deputy County Clerk limits I ncluded within I Desired
policy limits Enhancement:
Eliminate or
modify "insured
vs. insured"
exclusions so
that the Clerks
and staffs are
covered for
claims made the
County against
them (thus
eliminating the
need for the
County to
purchase
separate Clerk's
E&O policies)
District Clerk/Deputy District Clerks Included within I Included in
limits policy limits, but addition to
claims by County policy limits for
against clerks individuals and
would not be limits named on
covered due to the each
"Named insured vs, endorsement.
insured" exclusion) Lifts the
Member vs.
Member
exclusion for
these
individuals.
Back wages NI I $25,000 per
claim 1$25,000
aggregate
Limited defense coverage for "takings" NI I $50,000 per
claims claim 1$50,000
aggregate
Definition of "insureds" includes the 1. Includes 1-5 I
County, 2. Employees, 3. Elected or
appointed county officials, 4.
Volunteers, 5. Members of commissions
or boards who operated by the county
and under the jurisdiction of the county
and who are within an apportionrnent of
the county's budget
Page -30-
Includes members of the following Not listed or named Additional Coverage
boards as insureds: Juvenile Board, in the policy but it is information extends to
members of the Gulf Bend MHMR assumed that these needed members of
appointed by the County, Westside are covered by the commissions or
Navigation District policy boards
operated by the
county and
under the
jurisdiction of
the county and
who are within
an
apportionment
of the county's
budget
Includes limited coverage for District Not Included I Included by
Judges endorsement
I ncludes limited coverage for District Not Included I Included by
Attorney endorsement
Malicious acts/omissions, criminal Defended by the I $50,000 per
acts/omissions - insurer until guilt is claim/ $100,000
proven or admitted aggregate
(no sublimit on
defense costs) , but
no coverage for
judgments
"Pay on Behalf" Basis I (except in regard I
to the third row
below)
Claims for Injunctive Relief NI (other than NI
$100,000 to defend
such claims)
I nsurer is obligated to pay for defense NI (the insurer is NI
costs as they are incurred required to
reimburse the
County for defense
costs prior to the
conclusion of the
claim, which allows
the insurer to delay
reimbursement to a
date just prior to the
conclusion of the
claim)
Page -31-
Insurer has the right and duty to defend I (except the insurer I
claims has no duty to
defend EPL claims
unless the defense
is tendered to the
insurer within 30
days of the claim
and w/o the insured
having taken
actions to prejudice
the insurer's
defense)
Selection of defense counsel must be I I We consider
approved or provided by the insurer member
req uests but
the Pool has the
ultimate
responsibility for
selecting
counsel
Insured has the right to associate with I NI
the insurer in the defense of claims and
negotiating settlements.
Insurer has the right to approve claim I I
settlements
Insured shall not admit or assume any I I
liability, enter into settlement
agreement, stipulate to any judgment or
incur defense costs without the insurer's
written consent
Loss payment and defense when the The amount for NI We consider
insured does not consent to a loss which the claim member
settlement could have been requests but
settled plus defense the Pool has the
costs as of the date ultimate
the claim could responsibility for
have been settled any settlement
plus 50% of the
loss in excess of
the settlement
amount, leaving the
remaining 50%
uninsured
Insureds have the right to tender the NI
defense of claims to the insurer within
30 days of the claim
Page -32-
Insurer has the right, but not the duty, to I I
participate in the defense of claims
involving administrative proceedings or
disciplinary hearing
Defense Costs do not serve to reduce I (defense costs are I Defense costs
the liability limit limited to the $1M are in addition
defense limit) to the limit of
liability
Non-imputation provision I I
Coverage applies on a "Claims-Made" I I
basis, including claims made, and notice
of potential claims provided, within the
policy periodJor during the ERP if
purchased)
Insurer will not waive sovereign Silent I
immunity as a defense
Page -33-
Definition of "Claim" includes 1) written
demand for rnoney, non-monetary or
injunctive relief 2) a civil, administrative,
regulatory or arbitration proceeding for
monetary, non-monetary or injunctive
relief, and 3) formal civil, administrative
or regulatory investigation of an
individual insured commenced by the
service of a subpoena, 4)
EEOC/OFCCP pleading or
investigation, 5) an arbitration
proceeding pursuant to an employment
contract, policy or practice commenced
by a demand for arbitration
Items 1, 2 and 3 are
included
Page -34-
Items 1, 2, 3,
4 and 5 are
included
Definition of
llClaimll
includes:
"Claim - as
used herein
shall mean a
written demand
received by the
MEMBER
specifically for
money
DAMAGES,
service of suit or
institution of
arbitration
proceedings
against the
MEMBER, but
does not
include:
1. Any demand
or suit based
upon a
WRONGFUL
ACT performed
while MEMBER
was engaged in
any actively for
which MEMBER
received
compensation
from any source
other that the
NAMED
MEMBER or
was engaged
other than by
and through the
specific
authority of the
NAMED
MEMBER;
2. Any demand
or suit arising
out of a
contractual
obligation of the
breach of a
contract,
including
constructive and
implied
contracts and
demands or
suits under a
theory of
quantum meruit
or under any
Definition of "wrongful act" includes 1) I I Definition of
with respect to individuals, breach of "wrongful act"
duty, neglect, misstatement, misleading includes"
statement, omission or act, 2) with "WRONGFUL
respect to the named insured, , breach ACT as used
of duty, neglect, misstatement, herein shall
misleading statement, omission or act, mean any
by or on behalf of the named insured actual or
alleged error or
misstatement,
omission, act of
neglect or
breach of duty
including
misfeasance,
malfeasance or
nonfeasance by
the MEMBER,
or MEMBERS in
their OFFICIAL
CAPACITY,
individually or
cOllectively, or
any matter
claimed against
them solely by
reason of their
having served
or acted in an
OFFICIAL
CAPACITY."
Page -35-
Definition of Employment practices I I
includes:
1. Wrongful termination
(actual or constructive)
2, Breach on an implied
contract
3, Harassment, sexual
harassment, or hostile work
environment
4. Discrimination, including
age, gender, race, color, origin,
religion, sexual orientation or
preference, pregnancy or
disability
5. Retaliation
6. Ernployment related
misrepresentation
7. Employment related
libel, slander, humiliation,
defamation or invasion of privacy
8. Wrongful failure to
employ or promote
9. Deprivation of a career
opportunity, wrongful discipline,
wrongful demotion
(with respect to the above, negligent
hiring, retention, supervision, infliction of
emotional distress, mental anguish,
policies and procedures, violation of civil
rights)
Definition of an Insured includes: All are included I
1) the entity,
2) past, present or future elected or
appointed officials,
3) past, present, or future
employees,
4) a volunteer
5) members of boards and
commissions operated by and
under the jurisdiction of the
insured
Insurer can settle without County's Not addressed I
consent either way in the
policy
Damages Claimed By All Persons Or I I
Organizations Resulting From A Series
Of Related E&Os Are Treated As One
Claim
Page -36-
Coverage Applies Separately To Each I I
Insured (except liability limit)
Insurer retains the right to subrogate I I
claims
Notice of a potential claim reported to I I
the insurer will be considered as having
made a claim
Free 3D-day ERP I NI
Insured has the option to purchase a Insured has the I Desired
one-year ERP option to purchase Enhancement:
ERP but the policy Proposers are
does not address asked to quote
the length of the a policy that
RFP or its cost outlines the
length and cost
of ERP options
Extended Reporting Period Is Available I I
Regardless of Whether The Policy Is
Canceled/Non-Renewed By Calhoun
County or The Insurer (except for the
failure to pay premium)
Reported "Potential" Claims are I I Incidents do not
considered as claims meet the
definition of
claims
Term and cost of ERP Insurer is obligated 12 months=
to provide ERP but $25,254
the policy does not 24 months =
address the length $37,881
of the RFP or its
cost
Cost to purchase ERP under the $: Note: Only
expiring 1/1/12-13 policy if coverage is Time period: Hiscox is
not renewed by the County (for complete this
completion by row
Hiscox only)
Excess of Other Insurance I I
TRIA Terrorism NI NI
Errors & Omissions/EPL Premium & Policy Period
Annual Premium for coverage outlined $15,214 $25,254
above but w/o TRIA
Additional TRIA premium (if optional) Not proposed
Policy Period 1/1/12-13 1/1/13-14
Page -37-
Is Prernium Subject to Audit?
Underwriter's Conditions...
Subject To
No
No
Offered as a package with Auto Liability, Auto
Physical Damage, General Liability and Law
Enforcement Liability.
Errors & Omissions/EPL Deductible
Deductible - Each E&O Loss
(regardless of the number of insured,
claimants, or claims arising out of the
same incident)
Deductible - Each EPL Loss (regardless
of the number of insured, claimants, or
clairns arising out of the same incident)
$ 15,000
each wrongful act
$35,000 each
wrongful act
NI
deductible of
$35,000 is not
available.
E&O and EPL
do not have
separate
deductibles
E&O and EPL
do not have
separate
deductibles
Does deductible apply to defense and Yes
loss adjustment expenses?
Errors & Omissions Liability Exclusions (n/a to EPL)
PfClllosed COMMENTS
E)(qliJsions(E) .
Libel, slander, defamation or publication E
or utterance in violation of an
individual's right of privacy; wrongful
entry or eviction or invasion of the right
of occupancy; false arrest or wrongful
detention; plagiarism; or infringement of
copyright or trademark
Claims seeking redress in any form
other than monetary damages
E
Page -38-
E
E
Exclusions
include: false
arrest, false
imprisonment,
excessive use
of force,
wrongful
detention,
wrongful
eviction,
wrongful entry,
or other
invasion of the
rig ht of private
occupancy,
malicious
prosecution,
wrongful or
improper
service of
process,
humiliation,
libel, slander, or
violation of an
individuals' right
of privacy
Defense costs for claims seeking E (except will E
injunctive or other non-monetary relief defend up to
$100,000 in
defense costs)
Employment practices liability E NE
The insureds refusal to pay wages or E I Included ifsued
overtime pay, improper payroll for monetary
deductions, the failure to provide or damages
enforce meal/rest periods or breaks
FLSA, Workers Adjustment and E NE Included if sued
Retraining Notification Act, COBRA, for monetary
OSHA damages
Claims brought by the named insured E E
against an individual insured (other than
derivative claims brought independent
of the named insured)
Claims brought by individual insureds NE E Exclusion does
against named insured not apply to
claims arising
out of actual or
alleged
wrongful
employment
practices
Claims brought by individual insured NE E Exclusion does
against another individual insured not apply to
claims arising
out of actual or
alleged
wrongful
employment
practices
Related to an event that occurred E E
outside of duties for the named insured
Related to an act that occurred prior to E E
the retroactive date
Related to a claim reported to another E E
insurer
Gaining of any profit or advantage E (except defended NE
until guilt has been
proven or agreed
to)
Page -39-
The failure to collect fines and fees NE unless the NE
exclusion
applicable to
"collection of taxes"
could be interpreted
to apply to the
collection of fines
and fees
Improper administration or collection of E Question Each claim will
taxes, or a loss that reflects any tax Unclear be reviewed
obligation based on its
individual
circumstances
and coverage
will be
determined
accordingly.
Page -40-
Claims involving the operation of a E Exclusions Desired
hospital, clinic, jail, law enforcement include: any Enhancement:
agencies acts, services Provide E&O
or duties in coverage for the
furtherance of insured's health
or supervision clinic and all law
of the law enforcement
enforcement departments
pursuits or (the insured's
activities of hospital
any law operation
enforcement should not be
officials, covered)
department or Desired
agency of the Enhancement
NAMED is included for
MEMBER individuals
including that meet the
budgeting for definition of
law Member.
enforcement;
however this
exclusion
shall not apply
to claims
arising out of
actual or
alleged
wrongful
employment
practices
brought
employees of
the NAMED
MEMBER
who are not
elected
officials of the
NAMED
MEMBER
Responsibilities as a fiduciary or trustee E E
of an ernployee benefit plan
Professional services E E Exclusions
include:
professional
services
provided by
medical
professionals
ERISA claims E E
Page -41-
Inverse condemnation, adverse E E Limited
possession, eminent domain, takings, defense:
adverse possession $50,000 per
claim 1$50,000
aggregate
Damages resulting from property E E
seized, held, auctioned or sold by the
insureds
Unfair competition or violation of anti- NE NE
trust laws
Bad faith, dishonesty, criminal acts, E (except defended E Members will be
fraudulent act until guilt has been defended,
proven or agreed under the terms
to) of the coverage
document, as to
any claims upon
which suit may
be brought
against them by
reason of any
alleged fraud or
dishonesty or
bad faith on the
part of any
Member, unless
a judgment or
other final
adjudication
thereof adverse
to such Member
shall establish
that acts of
active or
deliberate
dishonesty or
fraud committed
by such
Member were
material to the
cause of action
so adjudicated.
Punitive Damages NE (covered up to NE Included at
$1M within policy $1,000,000 limit
limits) within the policy
limits of
$2,000,000
Breach of Contract E E
Contractual obligations E E
Preparation of bid specifications NE E
Page -42-
Failure to provide governmental NE E
services
Failure to properly insure NE Question
Unclear
Strikes, riots, or civil commotion NE NE
Administrative, investigative, criminal or NE NE
disciplinary hearings
Failure to pay bonds or bond interest or NE E
the failure to pay debts
Insolvency NE NE
Pollution E E
Back wages, wages, overtirne, back E I $25,000 per
benefits claim/$25,000
per occurrence
Violation of the Securities Exchange Act NE NE
A regulatory act or similar act by an NE E
insured that restrict, limits, or prohibits a
person or entity's right to use property
owned by that person or to pursue a
certain business venture
E
Employment Practices Liability Exclusions (N/A to E&O)
'. " .,' , ., , ., Pro~os~d .
~ I <:;
DE$CRIPTION I ' Expiring ExcllJslons.(E).. .,. > .
.'...' ..".,i ,.. '.. < '., . ..', E"clusion,\ (E) i</" .<
Claims based on Workers' E (other than E
Compensation, disability benefits, retaliation claims)
unemployment benefits, retirement
benefits, SS benefits
The insureds refusal to pay wages or E NE
overtime pay, improper payroll
deductions, the failure to provide or
enforce meal/rest periods or breaks
ERISA, FLSA, Workers Adjustment and E (other than for E
Retraining Notification Act, COBRA, claims alleging
OSHA retaliation)
Related to an act that occurred prior to E E
the retroactive date (including claims
pending prior to the retroactive date)
Page -43-
Related to a claim reported to another E NE TAC RMP
insurer coverage to be
excess over any
other valid
collectible
coverage
Bad faith, dishonesty, criminal acts, E (except defended E Members will be
fraudulent act until guilt has been defended,
proven or agreed under the terms
to) of the coverage
document, as to
any claims upon
which suit may
be brought
against them by
reason of any
alleged fraud or
dishonesty or
bad faith on the
part of any
Member, unless
a judgment or
other final
adjudication
thereof adverse
to such Member
shall establish
that acts of
active or
deliberate
dishonesty or
fraud committed
by such
Member were
material to the
cause of action
so adjudicated.
Page -44-
Claims involving the operation of a E Exclusions Desired
hospital, clinic, jail, law enforcement include: any Enhancement:
agencies acts, services Provide EPL
or duties in coverage for the
furtherance of insured's health
or supervision clinic and all law
of the law enforcement
enforcement departments
pursuits or (the insured's
activities of hospital
any law operation
enforcement should not be
officials, covered)
department or
agency of the Desired
NAMED
MEMBER Enhancement
including is included for
budgeting for individuals
law that meet the
enforcement; definition of
however this Member.
exclusion
shall not apply
to claims
arising out of
actual or
alleged
wrongful
employment
practices
brought
employees of
the NAMED
MEMBER
who are not
elected
officials of the
NAMED
MEMBER
Labor or grievance proceedings which is E E
subject to a collective bargaining
agreements
Professional services E E Exclusions
include:
professional
services
provided by
medical
professionals
ERISA claims E E
Page -45-
Claims alleging, arising out of, based E E
upon or attributable to any bodily injury,
sickness, disease or death of any
person or property damage other than
emotional distress or mental anguish
Emotional distress and mental anguish NE NE
Bad faith, dishonesty, criminal acts, E (except defended E Members will be
fraudulent acts until guilt has been defended,
proven or agreed under the terms
to) of the coverage
document, as to
any claims upon
which suit may
be brought
against them by
reason of any
alleged fraud or
dishonesty or
bad faith on the
part of any
Member, unless
a judgment or
other final
adjudication
thereof adverse
to such Member
shall establish
that acts of
active or
deliberate
dishonesty or
fraud committed
by such
Member were
material to the
cause of action
so adjudicated.
Prior Claims or potential claims that E E
should have been disclosed at inception
date of coverage
Punitive Damages NE (covered up to NE Included at
$1 M within policy $1,000,000 limit
limits) within the policy
limits of
$2,000,000
,
Preparation of bid specifications NE E
Failure to provide governmental NE E
services
Failure to properly insure NE NE
Page -46-
Strikes, riots, or civil commotion NE NE
Gaining profit, remuneration or E (except defended E (except
advantage to which an Insured was not until guilt.has been defended until
entitled proven or agreed guilt has been
to) proven or
ag reed to)
Named insured versus an individual E E When County
insured Clerk and / or
District Clerk
endorsement is
added,
exclusion does
not apply to
claims by the
Named Member
against County
Clerk and/or
District Clerk
and/or their
deputies.
Insured vs. Named individual insured NE E Exclusion does
not apply to
claims arising
out of actual or
alleged
wrongful
employment
practices
brought by
employees of
the Named
Member who
are not elected
officials of the
Named
Members.
Individual insured vs. individual insured NE E
Page -47-
"Insurer Pay on Behalf and Duty to
Defend" Form with selection of
Attorney by Insured
Increase the Occurrence/Aggregate
limit to $2M/$2M, to include punitive
damages up to these Iirnits
If not written on a true "insurer pays on
the insured's behalf" form of policy,
enhance the reimbursement of
defense costs and damages such
that the reimbursements are made
promptly upon receipt of an invoice
by the County (throughout the life of
a claim)
Defense Coverage Not Subject to a
Retention/Deductible
Cover Back Wages and Future
Wages within full policy limits
Provide "back wages" coverage up to
$25,000 per wrongful act and
$25,000 annual aggregate
Change to deductible structure to
be $25,000 per E&O/EPL act
Provide coverage for E&O claims by
the County and by third-parties
against County/District Clerks and
staff within the full policy limits
Optional Enhancements
COMMENTS
(indicate "Not
RroP9sed" if the
option is not being
-proposed or .
, "Included" If
Coverage is .
provided at no
change In the
premium provided
above) .
Not proposed
$4,884 =
increase in
contribution for
$1M punitive
damages limit in
addition to the
$2M limit of
liability
Contribution to
increase
punitive
damages limits
from $1M within
the limits to $1M
in addition to
the limits
Not proposed
Not proposed
Not proposed
Included
-854
Not proposed.
Maximum
available limits
= $1 M for each
Page -48-
Provide a defense for claims alleging Included
criminal and malicious acts and
omissions ($50,000 per wrongful act
and $100,000 annual aggregate)
Expand the definition of "insureds" to 733 Included by
include the District Attorney and staff endorsement
when acting in prosecutorial or other
statutorily official capacity for Calhoun
County ($500,000/wrongful act and $1M
annual aggregate) to include malicious
prosecution coverage and to not exclude
dishonest acts, bad faith, law
enforcement duties, malicious or
criminal acts
Expand the definition of "insureds" to 733 Included by
include District Judges when acting in a endorsement
judicial capacity concerning a case filed
in Calhoun County or when acting
concerning administrative matters of
either Calhoun County or a juvenile
board that serves Calhoun County
Provide unlimited defense costs outside Not proposed
of policy limits
Add verbiage such that the policy Not proposed
wording prohibits the insurer from
settling a claim without first offering the
County the opportunity to take over the
case
Provide a defense for "takings" claims Included
($50,000 per wrongful act, up to
$50,000 annual aggregate)
Add coverage to apply to claims alleging Not proposed
the accidental failure to collect fines
and fees of office
Other (Explain)
Page -49-
Law Enforcement Liability
Proposing Insurer: TACRMP Current /\.M.Sost Rating Lovel (io., A ):
Current A.M.Sost Finaneial Sizo (ie" XV):
.'\dmilted/Non Admilted in Texas:
. < ..... ....lndlanl-jarijPt1n..,cp: . f?ropO~~d Limit COMMENTS
'" ,"'-'"'
I' .,.,................ ,(XL Ins. Group) , orlncluded(l) or
I, ',.' EXpirin9U[l1it~!!< . NotInFIUde9.(N I) ,
...,.,..'..........'....... '.... i.> ". CgveragE>' . .., ..
Limit Each Wrongful Act $ 1,000,000 $ 2,000,000
Aggregate Limit $ 1,000,000 $ 2,000,000
Line-of-Duty Death Benefit (as the result $50,000 (limited to NI
of a felony) $100,000/policy
period)
Occurrence form of coverage trigger I NI
"Claims-Made & Reported" form of NI I
coverage trigger
"Pay on Behalf' Form I I
Insurer has the Right & Duty To Defend I I
Insurer has the right to select defense I I
counsel
Insurer has the right but not the duty to I I
appeal judgments
Insurer has the right to approve all claim I I
settlements
The insurer will consult with the I NI
insureds when the insurer settles a
claim. If the insureds refuse to a
settlement recommended by the insurer,
the insurer's liability shall not exceed the
amount that the claim could have been
settled for plus supplementary
payments as of the date that the
settlement was refused
Defense applies to claims for non- I I
monetary damages
Defense provided for non-monetary I I
damages when compensatory damages
are also requested
Defense costs do not reduce policy I NI Defense costs
limits are included in
the limit of
liability
Prior Acts Coverage N/A NI
Page -50-
Covered law enforcement departments At present limited to I Desired
include Sheriff's Department, the Sheriff's Enhancement:
Constables, criminal investigator, Department (which All listed LE
nuisance enforcement officer, criminal includes a court operations are
investigators, use of canine, juvenile bailiff and the jail) to be included
probation department, and the juvenile for coverage
board.
Includes District Attorney Not included NI
Costs incurred to replace and train LE NI NI Canines rnay be
canines following their death in the line added by
of duty endorsement to
our Property
coverage,
Use of watercraft for LE purposes NI NI Desired
Coverage is Enhancement:
included In October 2012
under General the County will
Liability begin using an
owned
watercraft for
law
enforcement
use. Proposals
are to provide
liability
coverage for
this exposure.
Coverage applies to moonlighting NI I Desired
activities when approved in advance by Enhancement:
the appropriate authority Coverage for
authorized
moonlighting is
requested to be
proposed.
Coverage applies to dispatching I I
exposures
Food service in the jail I I No Third Party
coverage
Punitive damages $1M within the I Increased limits
policy limits available
Insured shall not incur any expense, I I
assume any liability without the insurer's
consent
Insurer retains the right to subrogate I I
As respects the information contained I I
within the underwriting application, the
policy is a separate agreement with
each insured
Page -51-
Coverages include personal injury, I I
property damage, bodily injury, violation
of civil rights
"Bodily injury" definition includes mental I I
anguish associated with or arising from
physical injury and from non-physical
injury
"Personal injury" includes false arrest, I "Personal
false imprisonment, mental distress, injury"
improper service of process, libel or includes false
slander, violation of civil rights, wrongful arrest, false
detention, wrongful eviction, wrongful imprisonment,
entry, malicious prosecution, wrongful improper
invasion of the right of private service of
occupancy process, libel
or slander,
violation of
civil rights,
wrongful
detention,
wrongful
eviction,
wrongful
entry,
malicious
prosecution,
wrongful
invasion of the
right of private
occupancy
Coverage for damage to property of NI NI
others in the County's care, custody or
control (other than property on persons
at the time of arrest)
"Property damage" includes physical I I
injury to or destruction of tangible
property, including loss of use thereof,
loss of use of tangible property which
has not been physically injured or
destroyed
Coverage applies for damage to NI NI
property of others in the County's care,
custody or control (other than personal
property on persons at the time of an
arrest)
Coverage applies for damage to I I
personal property of others when on
persons at the time of arrest and while
in the County's care, custody or control
Page -52-
Claims for which the State has the NI NI
responsibility to defend or pay
Automatic 50-day ERP N/A NI
ERP Cost N/A N/A
Pollution exclusion does not apply to the I I
use of mace, teargas and similar
substances
Providing notice of a potential claim is N/A I
considered a claim
Defense of alleged criminal acts until NI I $50,000 per
guilt is proven or admitted claim I
$100,000
aggregate
Premise liability associated with law I NI
enforcement operations
TRIA Terrorism NI NI
Page -53-
Law Enforcement Liability Premium & Policy Period
Annual Premium for coverage outlined $26,172.95 $14,552
above but w/o TRIA
Minimum earned premium 25% of the policy N/A
premium
Additional TRIA premium (if optional) Not proposed
Policy Period 1/1/12-13 . 1/1/13-14
Subject To
Is Premium Subject to Audit? No No
Law Enforcement Liability Deductible
Deductible $25,000 I
per claim
Does deductible apply to defense, Yes Yes
damages and loss adjustment
expenses?
Law Enforcement Exclusions
Use of autos or aircraft E E
Use of watercraft E E Desired
Coverage for Enhancement:
Law watercraft
Enforcement liability for
watercraft owned and non-
provided owned
under General watercraft
Liability
Auto/aircraft procedures & training NE E
Dishonest, fraudulent, malicious or E E Excluded
criminal acts except defense
is provided as
stated above
Damage to property owned, used, E E
rented or controlled by the County
WC obligations, disability obligations E E
Employment practices E E
War, rebellions, seizure of power E E
Pollution E E
Use of mace, tear gas or similar NE NE
substances
Injury to an insured E E
Page -54-
Punitive Damages Limited to $1 M NE Additional limits
within policy Limited to can be
limits $1M within purchased
policy limits
Claims for injunctive, declaratory or E E
equitable relief or non-monetary
damages
Foreign Terrorism NE NE
Domestic Terrorisrn NE NE
Fines, penalties, restitution E E
Inverse condemnations, violation of NE E
property rights or a reduction or loss
in the value of real or personal
property other than property
damage
Premise defects NE E
Judicial acts or duties; prosecutorial NE E Coverage for
acts or duties District Judge
and/or District
Attorney
available by
endorsement
Contractual liability E (other than E
mutual aid other than
agreements) mutual aid
agreements
Claim for the return of money or other E E
property seized, sold, held or
auctioned by the County
Insured versus insured NE E
Medical malpractice claims, NE E
LE duties for anyone other than the E E
named insured (except when
involving mutual aid agreements or
to properly approved moonlighting)
Investigative or Administrative E E
Proceedings
Law Enforcement Optional Enhancements
Increase the policy limits to $2M/$2M I
$50,000 deductible $ - 2,284 I
Provide a defense for claims alleging I
criminal and malicious acts and
omissions ($50,000 per wrongful act
and $100,000 annual aggregate)
Page -55-
Defense of alleged criminal acts until
guilt has been proven or admitted
Page -56-
Crime Insurance
Proposing Insurer: TACRMP Cllrrent AM. Best Rating Level (ie., ,II, ):
Current AM. Bost finanoial Size (ie., XV):
Admitted/Non Admitted in Texas:
i ,... .. h6 ',.. ....<i{\Fi it ~;/' .S. gr6pos~d~i[1)if · '''',', Vii
..~".?'I~.I'l ......... . 1<0
./ '.... :{&.c.,\ .orln<;,Il.i~~.<:l(1) .0'. ;i;F~;;{:r .'it;<
· ..... ......,.i ....... '..;;-i. ..>,..."( N2!'II1.c1~qe.d(NI) i...F.......... ..'.i..
Public Employee Dishonesty limit, each $10,000 $100,000
occurrence
Employee Dishonesty "Discovery" form I I
(Form "O"-per loss)
Faithful Performance of Duty coverage I I
Forgery or alteration (Form "B") NI $20,000
Theft, Disappearance & Destruction NI $20,000
(Form "C"), Inside the premises and
outside the premises
Robbery and Safe Burglary (Form "0") NI $20,000
Computer fraud Not covered NI TACRMP Board
to consider at
11-28-12
meeting
Funds transfer fraud Not covered NI TACRMP Board
to consider at
11-28-12
meeting
Counterfeit currency (Form "R") NI $20,000
Persons required by law to be Not covered I Coverage
individually bonded as excess intended to be
excess of bonds
Treasurers and tax collectors Not covered I
I nventory shortages Not covered NI
Premium and Policy Period
Annual Premium for coverage outlined $4,307 $2,829
above
Not proposed
Additional TRIA Terrorism (if optional)
Policy Period 1/1/11-14 1/1/13-14
Subject To
Is Premium Subject to Audit? No No
Deductible
Page -57-
~ Deductible
None
Page -58-
I $1,000
Optional Enhancements
Increase the Public Employee I
Dishonesty limit to $100,000
Increase the Public Employee NI
Dishonesty limit to $500,000
Add excess coverage for theft by I
treasurers and tax collectors
Add excess coverage for theft by I
persons required by law to be
individually bonded
Add $500,000 computer fraud/funds NI
transfer
Add $1 M computer fraud/funds transfer NI
Page -59-
Proposing Insurer: TAC RMP
Workers' Compensation
Current A.M. Boot Rating Level (i.e., 1\ ):
Current A.M. Beet Finanoial Size (i.e., XV):
,^,dmittodiNon Admittod in Texae:
. ,. TAC \'VC Self I Un it "b
IRSIlFllRGe p"oii RMP i'-.. 1(1'1." ':UU
. ~ExPg~Je~~~~ts & I '.,.: .'. ':", . : ,
Statutory limits Statutory
limits
DESCRIPTION
",.
. "
Coverage "A"
.
Coverage "8"
Volunteers
$1M/$2M
$20,000
$1 M/$2M
We offer this
ooverage but
County has not
eleoted it.
Inoludes elected and appointed officials Yes
Includes election volunteers and jurors Yes
Does not apply to employees who work Yes
for the County hospital
Yes
Yes
Yes
Premium and Policy Period
Annual Premium for coverage outlined $107,621
above (without any package discounts
for placing other lines of coverage)
Package discounts to the WC premium $0
for placing other lines of coverage
Experience Modifier used in calculating .98
the premium above
Policy Period 1/1/12-13
Subject To
$125,580
$ - 12,558
1.05 effective
1/1/13
1/1/13-14
Is the proposed coverage and pricing
"subject to" any conditions?
Yes
Offered as a
package with
Auto
Liability,
Auto Physical
Damage,
General
Liability and
Public
Officials
Liability.
Page -60-
Is Premium Subject to Audit? No Yes. Members
Have always
been
responsible
for reporting
actual
payrolls.
Deductible
Deductible None None
Page -61-
Property/Equipment Breakdown/Inland Marine
Proposing Insurer: TAC RMP
Current AM. Bm:t Rating level (i.e., 1\ ):
Current I\.M. Best Financial Size (i.e., XV):
,^.dmittediNon Admitted in Texas:
Building & Contents Limit (Blanket
Basis; Replacement Cost)
$ 52,065,398
(Blanket limit per
occurrence)
Base your quote on
the values provided in
Exhibit B
-Building &
Contents total
value for bid is
$44,481,890
(including Misc
Equipment of
$2,148,568 to
be scheduled
by total value at
buildings where
housed);
Blanket
Coverage with a
125% margin
clause (see
sample
endorsement
included in the
coverage
document
sample)
Page -62-
Inland Marine scheduled equipment $4,776,006 I Quote on the
values provided
in Exhibit B
-Total Mobile
Equipment
value for bid is
$3,705,634
(including items
on the Insured
Equipment
Schedule and
two Polaris
ATVs found on
the Non-
Emergency
Fleet Schedule,
and also the
total values for
Unscheduled
Equipment and
Hired/Leased
Equipment-to
be scheduled
by item/value.
Inland Marine unscheduled equipment $232,719 I See Scheduled
(limited to $2,500 per item) Equipment
above
Inland Marine hired, leased borrowed $588,000 I See Scheduled
Equipment
above
Extra Expense, Business Income (non- $250,000 I Gross Earnings
equiprnent breakdown) & Extra
Expense
sublimit of
$500,000 is
automatically
included
Extra expense for computer loss $10,000 I not separated -
see directly
above response
Earth Movernent NI I
Flood, mudflow, surface water NI I
Page -63-
Newly Acquired Property Limit $ 500,000 I Newly Acquired
(Contents) Locations at
sublimit of
$2,500,000;
does not
separate limits
between
building and
contents
Newly Acquired Property Limit $ 1,000,000 I See directly
(Buildings) above sublimit
comment
Identity theft $5,000 per fulltime NI
employee
Loss of tax revenues $100,000 NI
Arson Reward $7,500 NI
Accounts Receivable $100,000 I Accounts
Receivable at
$500,000
sublimit is
automatically
included
Historic contents (including museum $50,000 NI Desired
pieces) Enhancement:
eliminate this
sublimit so that
historic museum
contents are
covered up to
their full
replacement
cost as per the
values provided
in Exhibit B
-Contents are to
be reported at
100%
Replacement
Cost value at
buildings where
located on the
coverage
schedule
Page -64-
"All Risk" Coverage (not including flood, I (except quake, I T AC RMP
quake, wind damage, hail damage) wind and hail is Blanket
covered for inland Property
marine) Coverage
Document does
NOT exclude
wind, hail, flood
or earthquake.
Claim Valuation (buildings and contents) Replacement cost I No separate
"new" (except valuation
library books are provided for
valued at "book library books
value" less trade
discounts and
depreciation plus
freight charges)
Claim Valuation (Inland Marine) RC if the value of Contractors'
damaged Equipment
equipment is = to or and Mobile
greater than the RC Equipment
loss valuation:
Otherwise, ACV lesser of 1)
cost to repair;
2) if
equipment is
less than/
equal to 2 yrs
old, cost to
replace with
new like
kind/quality at
tirne of loss;
3) if over 2 yrs
old replace
with like
kind/quality at
depreciation-
not more than
scheduled
value; or 4)
ACV but not
more than
scheduled
value
Agreed values Not included NI
Coinsurance Waived for B&C, NI TAC RMP
90% for Inland Property form
Marine does not
include
coinsurance
Page -65-
Preservation of Property (30 days) I I No time limit
specified except
for Time
Element: 24 hrs
prior to and 24
hrs after
Member first
takes action as
necessary due
to immediately
impending loss
or damage
Includes the County's hospital buildings, I I as included in
contents, EDP and equipment as scheduled
scheduled in Exhibit B values
Debris Removal Up to 25% of the I Debris Removal
paid loss is included at a
sublirnit of
lesser of 25% of
loss or
$2,500,000
Definition of "real property" includes: All "I" When within "Real Personal
1) perrnanently installed fixtures, 1000' of insured Property, Property is
machinery and equipment and buildings including defined
outdoor fixtures (i.e., well buildings, separately.
housings, signs, fences; remodeling,
2) personal property owned to installations,
maintain or service the building; and additions
under
3) complete and incomplete construction
additions and their components; at any new or
4) buildings existing
location(s) in
which the
member has
an insurable
interest."
Joint Loss Agreement I NI Equipment
Breakdown is
included in the
TAC RMP
Property
Blanket
Coverage
Document
Page -66-
Autos (confiscated or owned autos) NI I Garagekeeper's
Legal Liability
coverage is
included for a
sublimit of
$25,000;
This coverage
does not apply
to owned autos
Bridges NI Excludes
bridges used
by public
vehicular
traffic
Building sickness NI NI
CFC refrigerants I I CFC
Refrigerants at
a $100,000
sublimit within
$25,000,000
Equipment
Breakdown
sublimit
Collapse caused by specified perils I I No specified
perils;
coverage
applies unless
otherwise
excluded
Commandeered property $100,000 NI This exposure
would fall under
Auto or General
Liability
coverages
Communication equipment $100,000 I as included in
values
scheduled
Computer Equipment (non-breakdown) $ 50,000 I as included in
values
scheduled
Computer breakdown blanket limit I Computer
Equipment is
included under
the Equipment
Breakdown
$25,000,000
sublirnit
Page -67-
Confiscated property other than autos $ 100,000 I Personal
Property of
Others at a
sublimit of
$2,500 per
occurrence; no
deductible
applies
Crime Reward $1 ,000 per person, NI
up to $5.000 per
occurrence)
Detached signs $5,000 I as included in
values
scheduled
Electrical damage other than by arcing $50,000 I Equipment
or by lightning Breakdown is
automatically
included at a
sublimit of
$25,000,000,
with various
sublimit
included within
this limit
Fuel storage tanks NI I - above as included in
ground values
scheduled
Media & software $25,000 I Valuable
Papers,
Records and
EDP Media at
sublimit of
$1,000,000
Off-Premise Utility Failure $50,000 I Service
Interruption-
Property
Damage & Time
Element
combined at
$500,000
sublimit
Exhibition Property $50,000 I as included in
values
scheduled
Page -68-
Expediting Expenses for non-equiprnent Blanket limit I Expediting
breakdown Expense is
automatically
included at a
sub limit of
$500,000
Expediting Expenses for equipment Blanket limit I Expediting
breakdown Expense is at a
sublimit of
$250,000 within
Equipment
Breakdown
$25,000,000
annual
aggregate
sublimit
Fine Arts $50,000 I as scheduled
on Fine Arts
Schedule
Fire Department service charge $5,000 I No sublimit
Fire Equipment Recharge I I No sublimit
Flag poles $ 5,000 I as included in
values in Bid
Schedules
Foundations I Not Excluded
Glass I Not Excluded
Glass display and trophy cases $5,000 I Desired
Enhancement:
eliminate this
sublimit so that
cases are
covered up to
their full
replacement
cost as per the
values provided
in Exhibit B
-No sublimit;
as included in
scheduled
values
Grounds maintenance equipment $ 50,000 I as included in
values
scheduled
Page -69-
Inflation guard 5% NI TAC RMP will
provides the
service of
inspection
appraisal to
attain 100%
replacement
cost values for
covered
buildings/structu
res and the
contents
therein; with
trended values
provided at
each renewal
between
inspection
appraisals;
services is free
of charge and is
conducted by a
contracted
appraisal firm
Inventory & appraisals NI Excludes loss Appraisal is
solely by available to
inventory determine value
shortage of a covered
loss but not to
determine
whether a loss
is covered
Jurisdictional inspections I I Boiler
Inspections are
provided by
Hartford Steam
Boiler
Lock replacement $500 NI Unless
damaged by a
covered loss
Law enforcement canines NI I Optional
coverage
available for
Law
Enforcement
dogs and
horses by
specifically
scheduling each
animal to be
covered
Page -70-
Loss payee SunTrust I
Equipment Finance
and Leasing Corp.
as respects MRI
machine
Money and stamps $5,000 Excluded
Money & Securities (inside) $5,000 Excluded Crime Coverage
is sold
separately from
Property
Coverage
Money & Securities (outside) $5,000 Excluded Crime Coverage
is sold
separately from
Property
Coverage
Damage caused by mold, virus or Not covered Excluded with Except a
bacteria exceptions $1,000,000 per
occurrence/ann
ual aggregate
limit applies if
fungus, mold(s),
mildew or yeast
is established
as a direct
result from
specified perils
and it or
damage is
reported to T AC
RMP within 12
months of loss
date.
Ordinance or Law - Loss to undamaged Building Limit I Demolition &
portion of building Increased Cost
of Construction
$2,000,000
sublimit
Ordinance or Law - Demolition, $100,000 I Demolition &
Increased Cost of Construction Increased Cost
of Construction
$2,000,000
sublimit
Outdoor Trees, Shrubs, Plants $1,000/plant I $100,000
$50,000 each subject to
Occurrence $1,000 anyone
tree or shrub
Page -71-
Outdoor property such as fences, $50,000 I If included in
antennas, detached signs, street signs, values
street lights, lawn watering systems, etc scheduled
Off-premise property $50,000 I Temporary
Removal -
Included;
except
$1,000,000 for
purpose of
repair or service
Off-premises utility failure, direct $50,000 I Service
damage Interruption-
Property
Damage & Time
Element
combined at
$500,000
sublimit
,
Pairs or sets I I applies for Fine
Arts loss
adjustment
valuation
Park improvements (picnic tables, NI I as included in
playground equipment, wooden values
walkways, etc.) scheduled
Personal effects of employees and $ 1,500 (up to I Personal
volunteers $50,000 per Property of
occurrence) Others at a
sublimit of
$2,500 per
occurrence; no
deductible
applies
Personal property of the insured within I I no distance
1,000 feet of an insured location limitation from
insured
location;
Personal
Property is
covered
anywhere within
the Coverage
Document
Territory
Page -72-
Personal property of others $50,000 I Personal
Property of
Others at a
sublimit of
$2,500 per
occurrence; no
deductible
applies
Pollutant Cleanup $25,000 ($250,000 I Land & Water
for equipment Pollutant
breakdown) Cleanup and
Removai at
sublimit of
$100,000
subject to
$1,000,000
annual
aggregate
Piers NI I Piers, Docks,
Pilings and
Wharves as
scheduled, not
to exceed
$500,000 any
one location,
subject to
$1,000,000 any
one occurrence
Premises boundary increased distance 1,000' NI No distance
limitation for
Personal
Property
coverage
Property in Transit $50,000 (n/a to I Transit
Inland Marine) (Properly
Darnage & Time
Element
combined) at
$500,000
sublimit
Rental reimbursement (Inland Marine) $2,500 I-see Coverage may
comment be provided if
scheduled
owned
equipment is
damaged by a
covered loss
Page -73-
Retaining walls that are not part of a NI I as included in
building values
scheduled
Rewards (other than for arson) $1,000 per person, NI
up to $5,000
Refrigerant contamination for $250,000 I Hazardous
mechanical breakdown Substance at a
$125,000
sublimit within
$25,000,000
Equipment
Breakdown
sublimit
Sewer backup or overflow Included in blanket Not Excluded
limit
Service interruption for mechanical Blanket limit I Service
breakdown Interruption at
$1,000,000
sublimit within
Equipment
Breakdown
$25,000,000
sublimit
Spoilage $10,000 I $250,000
sublimit within
Equipment
Breakdown
$25,000,000
sublimit
Temperature/humidity change $50,000 NI Except changes
of temperature
damage to
machinery or
equipment - as
provided under
Equipment
Breakdown
TRIA Terrorism NI Not Excluded
or Included
Unintentional error in description NI I Errors &
Omissions at
$2,500,000
sublimit
Page -74-
Valuable Papers $100,000 (blanket I Valuable
over all scheduled Papers,
locations) Records and
EDP Media
sublimit of
$2,500,000
Weight load exceeding the carrying NI Not Excluded
capacity (Inland Marine)
Premium & Policy Period
Annual Premium for coverage outlined $64,366 for $279,475 Property
above Property/Equipment annual Coverage with
Breakdown and contribution; Mobile
$14,099 for Inland equals to Equiprnent
Marine $139,738 pro included;
rata for initial Equiprnent
short-term Breakdown at
period of no additional
1/1/13- 7/1/13 cost
Additional TRIA premium (if optional) N/A
Policy Period 1/1/12-13 1/1/13-7/1-13 TAC RMP
Property
Coverage
program carries
a common
renewal date of
July 1. Initial
period of
coverage
offered is
1/1/13-7/1/13
and thereafter
renewal date
will be July 1
each year.
Page -75-
Oeductibles
Property Damage $2,500 $2,500 Separate
deductibles
apply for
Named Storms
in Tier 1
Counties;
Special Hazard
Zones for Flood;
Flood;
Earthquake;
Garagekeeper's
Legal Liability;
and, Animal's
Extension-if
optional
coverage is
included
Equipment breakdown $2,500 No separate
deductible
Money and stamps $250 N/A
Communication equipment $250 No separate
deductible
Glass breakage $250 No separate
deductible
Commandeered property $250 N/A
Transit $250 No separate
deductible
Inland Marine $500 (72 hours for $1,000 Mobile
rental reimbursement) Equipment
Subject To/Misc.
Underwriter's Conditions -Items included in the values shown on the Fine Arts
Schedule are to be individually scheduled with values;
-Items included in the values for 'Hired / Leased
Equipment' and 'Unscheduled Equipment' on the Mobile
Equipment Schedule are to be individually scheduled
with values;
-'Miscellaneous Equipment' value shown as separate
'contents' value at the Courthouse for bid purposes is to
be separately valued at each building where property is
housed.
Page -76-
What type of verification of property
values will be required by the insurer?
(i.e., appraisal provided by the insurer,
appraisal provided by the insured,
reasonable values by sq. footage, etc,)
What type of assistance is the
proposer/insurer willing to provide to
assist the County evaluating its
replacement cost values on buildings
and contents?
TAC RMP provides the service of inspection appraisal to
attain the 100% replacement cost value for covered
buildings/structures and the contents/EDP contained
within them. This is at no cost to the member. The
service is conducted by an appraisal firm contracted by
TAC RMP. Between inspection appraisals, each
renewal will included trended values by the contracted
appraisal firm to adjust for changes in costs.
See response directly above.
Optional Enhancements
$100,000 Key/Lock Replacement
$500,000 Extra Expense/Loss of
Revenues
$1M Extra Expense/Loss of Revenues
Outdoor Trees, Shrubs, Plants @
$2,500 u to $50,000 er loss
Provide $200,000 ACV coverage for
covered damage to
confiscated/impounded vehicles held by
the County or by a contractor to the
County
+$2,866 annual
contribution;
equals +$1,433 pro
rata for 1-1-13 to 7-
1-13 initial term
+$1,008 annual
contribution;
equals +$504 pro
rata for 1-1-13 to 7-
1-13 initial term
Garagekeeper
's Legal
Liability
carries a
$1,000
deductible
Page -77-
Not Proposed
$500,000 is
automatically
included
sublimit for
Gross Earnings
and Extra
Expense
Gross Earnings
and Extra
Expenses
sublimit
increase from
$500,000 to
$1,000,000
Not Proposed
Garagekeeper's
Legal Liability
sublimit
increase from
$25,000 to
$200,000; this
coverage
extension does
not apply to a
contractor to the
county;
Demolition/ICC @ $500,000 Demolition &
Increased Cost
of Construction
is included
automatically
with sublimit of
$2,000,000
Valuable Papers @ $500,000 Valuable
Papers,
Records and
EDP Media is
included
automatically
with sublimit of
$1,000,000
Valuable Papers @ $1 M I See directly
above response
$50,000 pollutant cleanup for non-B&M Land & Water
Pollutant
Cleanup &
Removal is
included
automatically
with sublimit of
$100,000
subject to
$1,000,000
annual
aggregate
$100,000 pollutant cleanup for non-B&M I See directly
~
Provide coverage for computer I Not Proposed;
equipment and software damage Computer
resulting from non-equipment Equipment limit
breakdown at scheduled values without is as included in
a sublimit scheduled
values at the
buildings where
the equipment
is located;
Valuable
Papers,
Records and
EDP Media is
included
automatically
with sublimit of
$1,000,000
Page -78-
Accounts receivables @ $250,000 I Accounts
Receivable is
included
automatically
with sublimit of
$500,000
Earth movement for buildings and I Earthquake is
contents included
automatically
with sublimit of
$5,000,000
annual
aggregate
Other (Explain) $ $
Page -79-
Agent/Representative Services
Response to suggested services statement:
1. Negotiating coverage and price with underwriters. TACRMP underwrites all coverage
on behalf of our members in order to provide cost effective insurance pooling products.
2. Maintaining insurer relations. TACRMP is county owned and governed and provides
direct access to counties for the pooling of insurance products and services.
3. Promptly advise the County Auditor of any changes to AM Best rating/pool's
reinsurance. Agreed.
4, Evaluating new exposures and adding coverage as needed. TACRMP was created out of
a need for insurance products and remains dedicated to providing services and coverage
as needed.
5. Handling mid-year coverage disruptions. TACRMP works diligently with our members
to ensure there are no mid-term coverage disruptions.
6. Issuing certificates of insurance. Issued on behalf of members.
7. Verifying rates and premiums. Agreed,
8. Providing the County Auditor with suggested budget figures for insurance premiums:
As a non for profit insurance pool, our services and products are priced to balance out
market swings and shifts so that there are no surprises in costs.
9. Delivering binders prior to December 30 each year, With the exception of Property
coverage which is priced and reinsured separately with a common effective date of July
1, T ACRMP is happy to provide binders for all other lines prior to December 30.
10. Checking policy wording and accuracy. All coverage documents are and have been
reviewed by legal counsel and are approved for use by our members.
11. Delivering policies within 60 days following the inception of coverage and mid-term
endorsements (hard copies and electronic documents). Agreed,
12, Answering coverage questions. TACRMP staff are available to assist members with and
answer coverage questions,
13. Attending meeting with the County. Agreed
14. Premium billing. Provided to participating members.
15. Checking premium billings for accuracy. TACRMP work and processes are reviewed
and audited annually.
16, Claims submission: TACRMP provides claims services
17. See above response
18, See above response
19, Furnish a monthly report of all claims. TACRMP is happy to coordinate loss information
reporting to our members as requested.
20. Review open claims via telephone and in person on a monthly basis. T ACRMP is happy
to coordinate claim reviews to suit the needs of our members.
21. Checking premium audits for correctness. TACRMP work and processes are reviewed
and audited annually.
22. Answer questions regarding insurance and indemnity clauses in contracts. Agreed.
23. Loss control advice. TACRMP provides, at no additional cost to our members, loss
control services and programs.
24. Make sure the County is aware of all loss control/engineering services that can be
provided by the company that covers insurance purchased through this RFP. Agreed.
25. Developing special policy wording when needed. Agreed.
26. Auditing claims handling. TACRMP work and processes are reviewed and audited
annually.
27. Assistance with property valuations. Provided at no cost to our members.
28. Special studies when requested. Agreed
29. Market the program when requested by the County. Service not provided.
Texas Association of Connties
Pooling
Self-Insuring for Workers' Compensation. Liability and Property Coverage
Pooling results from an agreement among a group of counties or similar entities to jointly finance their
losses.' Members conttibute funds (premiums) to the pool, which in turn pays losses, purchases reinsurance
and handles administrative functions in a manner similar to what an insurance company does.
Backgronnd
In the middle 1970's, liability suits against counties and other governmental entities mushroomed. Plaintiffs
found new basis for claims in laws such as the Civil Rights Act and for the first time Texas Counties were
required to provide workers' compensation to their employees. The doctrine of "joint and several liability"
was applied more widely by the courts. Under this doctrine, if two or more entities or individuals are
responsible for an injury, and one is unable to pay, the other party must pay the entire claim, even when
environmental factors were alleged. For example, an automobile accident could be partially attributed to
imperfect road design, thus the county could be required to pay 100% of damages even though the more
approximate cause was error on the part ofthe driver.
Because use and application of these legal concepts by the courts caused an explosion of claims and
attendant costs, most insurers elected to drop out of municipal and county business. Those that remained
raised their price to unacceptably high levels because of the uncertainty of the legal system. The result
was a movement by govemmental bodies to pool risks among related entities to compensate for the lack of
affordable insurance in an attempt to control cost. This "pooling" movement began in earnest in the late
1970's and accelerated through the 1980's, enabling public entities to do without commercial insurance
entirely or at least eliminate it for lower cost risks and retain most of the liability exposure within the Pool.
Workers' compensation was the first type of risk to be pooled by County Government in Texas because
the commercial market could not provide the needed insurance. Pooling did not begin for coverages such
as Public Officials Errors and Omissions and Law Enforcement liability until a crisis in liability insurance
availability was precipitated in the middle 1980's. Responding to member needs, TAC, began offering a full
range of liability coverages. In the early 1990's this was again expanded to offer property coverage.
Benefits ofTAC Sponsored Pooling
. Stability of year- to-year insurance cost.
. Liability for risks are transferred to the Pool, not retained by the members as may be the case with some
other risk financing scheme or pools that allow members to be assessed additional cost.
. Risk transfer costs are reduced; that is, agent or broker fees and insurer overhead, are reduced
or eliminated by replacing these functions with professional, in-house Pool managers and staff.
. Investment income is realized from investing money held for reserves for claims payment.
This investment income directly lowers costs of coverage to Pool members.
. Professional risk and claims management services support members in controlling losses.
Familiarity of the Pool manager and staff with pool members leads to better risk analysis, loss
prevention, claims handling, and excess insurance placement.
. Spreading loss prevention costs over a broad base allows more complete programs of safety,
training, and other loss prevention programs.
. The combined purchasing power of many entities leads to more effective purchase of
reinsurance.
Pooling By the Members - for the Members
The Pool is govemed by a Board of Directors composed exclusively of Texas elected or appointed county
officials. These Directors have a fiduciary duty which they voluntarily and enthusiastically perform to
provide pool members with a quality program and reasonable prices.
Legislative Authority for Pool Operation
The T AC Risk Management Pool was established on August 16, 2007 by entry of the following
governmental units of the State of Texas into a charter Interlocal agreement: the Texas Association
of Counties Workers' Compensation Self-Insurance Fund; the Texas Association of Counties County
Government Risk Management Pool; and the Texas Association of Counties Property and Casualty Self-
Insurance Fund. These govemmental units of the State of Texas created RMP to provide protection to
participating govemmental entities for all types of property and casualty risks ofthe governmental entities,
their officials, employees and volunteers. The Pool was established pursuant to the provisions of Chapter
791, Government Code (the "Interlocal Cooperation Act"); Chapter 2259, Texas Government Code;
Chapter 504, Texas Labor Code; Chapter 157, Texas Local Government Code; Chapter 154, Texas Local
Government Code; Chapter 119, LocalGovemment Code, and other applicable law.
Through this pool, counties are able to join together to self insure for workers' compensation, property,
general liability, automobile, public officials and law enforcement liability. In this manner, counties can
avoid being caught in any futtrre insurance crunch.
Section 119.008 of Chapter 119, Local Govemment Code, states that coverage, when provided by the TAC
Risk Management Pool, is not insurance for purposes of any statute of the State. Rather the Pool provides
coverage on a self insured basis, through an interlocal agreement (The Interlocal Cooperation Act - Chapter
791, Texas Govemment Code) which is not subject to competitive bidding requirements.
Reinsurance
Excess insurance is purchased by the Pool to respond to losses once individual claims exceed a certain size.
This is referred to as specific excess insurance. For the Workers' Compensation Coverage this is $1,500,000
per claim and for the Public Officials/Law Enforcement coverages, reinsurance is provided above the pool's
self-insured retention, up to the policy limit. For Property coverage, reinsurance, above the pool's self-
insurance retention, is also procured.
Expense Savings
Expense savings are realized from reduced administrative expenses, efficient loss control and safety
programs and economies of scale due to group purchasing power. The investment income earned on the
premium and loss (claims) reserve funds is another source of revenue to the Pool, which is passed on to the
members as savings.
/
Actuarial Projections
The rate at which claims are paid out for workers' compensation and liability claims can be estimated from
industry average and from Pool experience. Workers' compensation claims are referred to as "long-tail"
claims and may take up to 15 or more years to be totally paid and closed. Liability claims are also "long-
tail" and frequently take seven or more years to be fully closed. Actuarial analysis of pool data is utilized to
determine funding level required to provide the money to satisfy liabilities for these long-tail claims and to
determine rates that must be charged to each member to ensure Pool solvency.
Financial Management
Financial management of the pool is extremely important since the reserve for claims are held for many
years. A 1 % increase in the rate of retum can make a substantial difference. The rate of retum attained by
TAC is a primary reason members enjoy such good pricing for their Pool participation.
Loss Prevention
A vital part of each pool's program is analysis of hazards for pool members and providing loss prevention
expeltise. T AC staffis in a position to know the activities and hazards of members better than anyone
from the commercial insurance industry. We leverage this understanding to develop and recommend loss
prevention techniques uniquely suited to conditions of the membership.
Claims Management
Control of claims can be viewed as another aspect of loss prevention, at least as important as the others, and
calls for professional staff overview. TAC's in-house adjusters oversee third party administrators to ensure
that claims are handled in the most effective way possible.
SERVICES PROVIDED
BY THE TEXAS ASSOCIATION OF COUNTIES
ADDED VALUE
Legislative Support
Risk Control Services
Analyze and monitor legislation
Determine fiscal impact to counties
Disseminate critical
information to counties
Watchdog state agency regulations
TACNEWS newsletter by FAX
Coordinate legislative goals of all
independent county officeholders
Legal Resources/Research
Legal department hotline
Publications of county-specific research
on issues like open meetings, election
laws, bonds/oaths, road & bridge statutes
Analysis of county-related
court cases and opinions
Continuing Education
County Management Institute
Pre-Legislative Conference
Post-Legislative Conference
Regional seminars for loss control
planning, law enforcement and
county official liability training
New officials orientation through
LBJ School of Public Affairs
Judicial education for judges and on-
going updating through computer labs,
writing courses and two judicial institutes
Assist with regional and statewide
conferences for each association
Safety
County customized audits
Surveys and walk-throughs
County-specific on-site training
Personnel
Assistance with personnel policies
Resource for questions regarding labor
law and supervision of employees
On-site training
Law Enforcement
Technical assistance
Evaluation of existing policies
Regional and on-site training
Coverage Assistance
County-specific risk assessments
Assistance with preparation of bid specifications
Evaluating coverage needs and documents
On-going insurance training and resources
Independent Property Appraisals
Replacement cost appraisals provided for
covered buildings with optional reproduction
cost appraisals for historical buildings.
Communications
COUNTY Magazine
Legislative Newsletter
Flashpoint! Safety Newsletter
Personnel Pointers Newsletter
Website
TAC RISK CONTROL SERVICES
Your Risk Control Team at TAC
Risk Management Consultant - Lori Wiggins, CRM, CIC, CISR
Lori Wiggins is a Risk Management Consultant for the Texas Association of Counties and liason to counties
in the Southeast region of the State. Ms. Wiggins graduated with a Bachelor of Arts from Northeastern
Oklahoma State University, Tahlequah Oklahoma and worked for four years as a financial broker prior to
joining TAC. There she dealt with bankers and financial analysts on a state-wide and national level. She
joined the Texas Association of Counties in May, 1990 as a Field Services Representative. She provides
Risk Management consultation, assessments, and analysis to members upon request. Lori achieved her
Certified Insurance Service Representative designation (CISR) in 1994. She received her Certified Insurance
Counselor (CIC) designation in 1997. Lori received her Certified Risk Manager (CRM) designation in
April, 2000.
Risk Control Consultant - David Bondor
David Bondor is a Texas Association of Counties Risk Control Consultant. He services the southeastem
portion of the state including all of the coastal counties. Bondor graduated from Ohio Northern University
with a B.A. in Biology and Washington University with a M.S. in Technology and Human Affairs.
Prior to joining TAC, he was employed by the Public Sector Services division of Travelers Insurance
where he specialized in risk control for public entities in New Mexico, Louisiana and, of course, counties
throughout Texas. His duties included evaluating risk management programs for Law Enforcement, Human
Resources, Fleet, and Road and Bridge. Bondor also worked for Chubb Insurance where he provided risk
control services for commercial accounts in Texas and Mexico. He holds the designation ofField Safety
Representative from the Texas Department of Insurance and the Associate in Risk Management designation.
He is a Certified Safety Professional; he is also a member of the American Society of Safety Engineers and
the National Fire Protection Association. Bondor is a member on the NFP A 101: Life Safety Technical
Committee on Detention and COITectional Occupancies.
Law Enforcement Consultant - James MacMillan
James MacMillan is a Law Enforcement Consultant with the Texas Association of Counties servicing
counties in the South and Western Region of Texas. Prior to starting with TAC in April of2006, James had
been the Sheriff of Bandera County. James began his Law Enforcement career in 1982 with the Bandera
County Sheriffs' Office and served as a Dispatcher, Jailer, Patrol Deputy, Investigator and Jail Administrator
before being elected Sheriff in 1993. James holds a BS degree in Criminal Justice Management, is a graduate
of the FBI National Academy (163rd) and holds Master Peace Officer and Instructor Certification from
TCLEOSE.
Simulator and Training Specialist - Don Courtney
Don Courtney, TAC Simulator and Training Specialist, joined the Texas Association of Counties in
September 2005. He is the lead coordinator and instructor for the Driving Simulator Project, and assists in
coordinating and instructing other TAC and TCLEOSE law enforcement training. Prior to arriving at TAC,
Don served as the Jail Administrator for the Eastland County Jail for over 9 Y2 years. As Jail Administrator
of a 97 bed facility he supervised a staff of 17 employees. He holds an Advanced Jailers Certificate, a
TCLEOSE Instructor's Certification, in addition to an ALERT International Driving Instructor's Certificate.
Don also held a seat on the Texas Jail Association (TJA) Board of Directors from the years 2004 through
2006. Prior to his distinguished career in Texas law enforcement Don served 20 years in the Armed
Forces and was a Peace Officer for the State of Arizona, and worked for a major environmental "clean-
up" construction company for three years. Don performed duties as the shop foreman, ttuck driver, was
a certified Texas DPS Commercial Vehicle Inspector, and responsible for compliance of company OSHA
requirements.
TAC RISK CONTROL SERVICES
Personnel Assistance Services
Overview
The employer-employee relationship has become far more complex in recent decades because of legislation,
court decisions, and a changing attitude in the workforce. Counties are finding that any adverse action taken
against an employee creates the potential for a lawsuit. In many cases, employment related lawsuits are
lost, not because of what was done, but how it was done. Using good personnel and general management
practices not only reduce the potential for such lawsuits, but can also form the basis for defense if one is
filed.
Services
To assist counties in meeting the challenges of to day's employer-employee relationship, the Texas
Association of Counties has assembled a team of human resource professionals to provide a wide range of
services to counties in the various self insurance pools administered by the Association. Among the services
offered are:
. Technical Assistance - An Association human resource professional will be available to help with
specific questions and problems.
. Information Service - InfOlmation on regulations, statutes, and general management practices is
promptly supplied to pool members.
. Special Projects - Guidance and direct assistance in developing policy manuals, job descriptions, and
other major projects is part ofthe overall services.
. On-site Training - Training on a full spectrum of personnel and general management issues can be
brought into the county.
. Video Library - A lending library on key personnel and management issues is maintained for pool
members.
Safety & Law Enforcement Liability Assistance Services
Overview
Since the inception of the Texas Association of Counties, The T AC board which is made up of elected
county officials, has expressed a high interest in improvement of safety in Texas Counties. This is of
primary importance to members of the various self-insurance pools which are owned by these pool members
and administered by TAC Staff.
Through consistent pool-wide attention to liability and safety issues, we've found that pool members enjoy
reduced Workers' Compensation rates and increased productivity, professionalism, and employee morale.
Our services address preventive measures dealing with County liability and risk, focused heavily on
employee safety.
Services
To help pool members with their safety and liability loss control efforts, TAC staff can provide the following
services to pool members.
On-Site Assistance - the following activities are typical services we provide our pool members.
. Meetings and Presentations with Elected Officials/Department heads to establish support for Program
. Walk-Through Surveys and Hazard Identification
. Safety ProgramIPolicy Reviews
. Accident Review and Analysis
. Goal Setting and Action Planning
On-Site Training - training from T AC is targeted primarily at the staff of member entities who administer
the safety/loss control programs, however, for those members with limited resources, we can provide some
direct training to employee. Topics TAC generally trains on include:
. Loss Control Committee Training
. Accident Investigation
. Hazard Communication
. Back Injury Prevention
. Hazard Identification and Inspections
. Ergonomics and Carpal Tunnel Syndrome
. Safety for Supervisors
Other Technical Assistance and Services
Other services offered through our safety representatives include:
. Assistance with policies
. General assistance with regulatory issues regarding safety and liabilities
. Consulting on safety operations, technical information, etc.
. Free safety video loan library for pool members
Special Services Available (if needed)
Regulatory Assistance
. Free assistance as a "Professional Safety Source" in the event the County is involved in "Extra
Hazardous Employer" situations with the Texas Workers' Compensation Commission.
. Free assistance with "Hazard Communication Program" as enforced by the Texas Department of Health.
Special Technical Assistance
. Workplace Ergonomic Evaluations
. Indoor Air Quality Evaluations
. Industrial Hygiene assistance such as basic level air contaminant sampling and noise sampling surveys.
. Driving simulator training program - If high losses are identified in the area of vehicle accidents, TAC
may opt to use this program to enhance the ability of drivers in making proper decisions during driving
operations.
Loss Control Resources and Educational Opportunities
. Regional Loss Control Workshops held annually in approximately 16 locations throughout Texas.
. Regional Law Enforcement Workshops are provided throughout Texas and usually deal with liability
and operational issues regarding your law enforcement agency or jail.
. County Management Institute - TAC's three day professional development conference for county
officials and employees.
. TAC Safety, Law Enforcement, and Personnel Video Loan Library - See TAC Safety Resource
Catalog. This includes payroll envelope stuffers, safety posters, and other information. Starting in year
2000, selected videos were approved for TCLEOSE training hours for Law Enforcement.
TEXAS ASSOCIATION OF COUNTIES
RISK MANAGEMENT POOL
CLAIMS REPORTING REQUIREMENTS
Auto Liability (AL) and Crime Coverage - These claims should be reported to one of our adjusters in the
TAC claims department. AL forms can be completed and electronically submitted from the TAC website to
claims-cs@county.org. Or the claim can be verbally reported to the claims department at (800) 456-5974.
Property Damage Claims - These claims are handled to conclusion "in-house" by our T AC adjusters
and should be reported directly to the TAC Claims Depaltment. Property claims can be completed and
electronically submitted from the TAC website to claims-cs@county.org. Or the claim can be verbally
reported to the Claims Department at (800) 456-5974 or written correspondence can be faxed to (512)
615-8942. Property losses should be reported as soon as practical to the TAC Claims Department.
Outside independent field adjusters are sometimes assigned to make visual inspection oflosses.
Auto Physical Damage Coverage - These claims are handled to conclusion "in-house" by the TAC
adjusters and should be reported directly to the TAC Claims Department. APD forms can be completed
and electronically submitted from the TAC website to claims-cs@county.org. Or the claim can be verbally
reported to the Claims Department at (800) 456-5974 or written correspondence can be faxed to (512)
615-8942. Outside independent field adjusters are sometimes assigned to make visual inspection oflosses.
Public Officials, Law Enforcement Liability and General Liability Coverage - These claims are now
handled to conclusion "in-house" by the TAC adjusters and should be reported directly to the TAC Claims
Department. Applicable loss reporting forms can be completed and electronically transmitted from the
TAC website to claims-cs@county.org or the claim can be verbally reported to the Claims Department at
(800) 456-5974. Alternatively, written notification and/or any other correspondence may be faxed to (512)
615-8942.
Workers' Compensation - TAC's Third Party Administrator is II Specialty Company, Inc., in Austin, TX.
Claims should be reported directly to them at (800) 752-6301. First reports of injury can be mailed to P.O.
Box 160120, Austin, TX 78716 or submitted via fax at (888) 853-8755.
Any questions regarding coverages or reporting requirements should be made to TAC claims at (800)
456-5974.
TEXAS ASSOCIATION OF COUNTIES
CALHOUN COUNTY
November 19,2012
INFORMATION SHEET
1. Texas Association of Counties, P. O. Box 2131, Austin, TX 78768 is a non-profit corporation formed
in 1969 by the Texas Legislature to augment the effort of county officials to provide a responsive form
of government at the local level. The Association in 1974 began to provide Workers Compensation
coverage to its members as permitted by the Interlocal Cooperation Act and Article 8309H, Texas
Vernon's Civil Statute (subsequently recodified into the Texas Labor Code). Since 1974 coverages
have been expanded to include most lines of property and liability coverage through a pooling/self-
funded arrangement. This is not a contract of insurance, but is an agreement for coverage pursuant to
the provisions of Chapter 119 of the Texas Local Government Code, and under Chapters 791 and 2259
of the Texas Government Code. Under this agreement, political subdivisions create and contribute to a
pool as an altemative to commercial insurance markets
2. The number of members obtaining coverage through TAC is as follows:
Workers' Compensation 272 Members
Health and Employee Benefits Pool 166 Members
Unemployment Compensation Fund 207 Members
Auto Liability 215 Members
General Liability 172 Members
Law Enforcement Liability 149 Members
Public Officials Liability 189 Members
Property 171 Members
Auto Physical Damage 190 Members
Crime 40 Members
3. Named Insured: Calhoun County
4. Cancellation by TAC:
According to the terms of the Risk Management Pool Interlocal Agreement there must be a 60 day
written notice of cancellation.
5. Best's Rating:
TAC is not rated by Best Guide. TAC is not an insurance company.
6. Financial Statement:
Available on request.
7. Binders:
The Acceptance Forms and Interlocal Agreements included with the bid take the place of binders.
Coverage will be considered bound when these forms are signed and returned to TAC.
8. Payment Plan:
Payment of annual contributions is due in full within 30 days of receipt of invoice. Quarterly payments
can be alTanged for members upon written request to the TAC Board of Directors. Note: Workers'
Compensation payments are due on a quarterly basis without the need for a written request.
9. References:
The Honorable Marc Hamlin, Brazos County District Clerk
Phone: (979) 361-4240
The Honorable Tab Thompson, Erath County Judge
Phone: (254) 965-1452
The Honorable Susan Redford, Ector County Judge
Phone: (432) 498-4100
1 O.Summary of Services provided at no cost to TAC members:
The TAC staffis comprised of people experienced in the insurance industry and/or county government.
The Risk Management Consultant is always available to review contracts, and advise on all aspects
of the county's risk management needs. Our Risk Control Section is also available to do inspections,
conduct workshops and provide on-site safety and loss control assistance. We have a fully staffed in-
house T AC Claims office, as well as several outside claims adjusting firms on contract to T AC, who
can provide services and advice with any claims questions or problems. The Member Services Section
provides ongoing services for the County members including invoicing, recording reported changes in
equipment or coverages and handling inquiries of all kinds. Appraisals to determine replacement cost
building values are available for selected buildings. To request services, please call 1-800-456-5974.
lI.Principal responsibility for the Calhoun County Account will be handled by Lori Wiggins, Risk
Management Consultant and Kathie Lopez, Member Services Representative. A full Risk Management
staff is available to assist the County. Services of this staff and of the Risk Management Services are
available by calling (800) 456-5974.
12.Duties and Responsibilities:
The TAC staff is fully aware of the needs of County Governments especially in the Risk Management
area. We have been successfully handling such duties and responsibilities since 1974. Our Field
Services Representatives make several visits to each county in their area each year. During these visits,
the Representative will review coverages and discuss Risk Management concerns. We anticipate
complete communication between the T AC staff and the County officials, so that the duties and
responsibilities considered necessary by both can be fulfilled in a satisfactory manner.
Texas Transportation Code
Chapter 601
Sec. 601.007. APPLICABILITY OF CHAPTER TO GOVERNMENT VEHICLES.
a. This chapter does not apply to a government vehicle.
b. The provisions of this chapter, other than Section 601.004, do not apply to an officer, agent, or
employee of the United States, this state, or a political subdivision of this state while operating
a government vehicle in the course of that person's employment.
c. The provisions of this cllapter, other than Sections 601.004 and 601.054, do not apply to a motor
vehicle that is subject to Chapter 643.
d. In this section, "government vehicle" means a motor vehicle owned by the United States, this
state, or a political subdivision of this state.
Legislative History
Leg.H. Stats. 1995 74th Leg. Sess. Ch. 165, effective September 1,1995; Stats. 1997 75th Leg. Sess.
Ch. 165, effective September 1, 1997.
TEXAS ASSOCIATION OF COUNTIES
AUTO LIABILITY POINT SYSTEM FOR EXCLUSION OF DRIVERS
Excluded driver would have 12 or more points
Warned driver would have 8-11 points
The following is a schedule of the points as assessed for specified violations:
6 points (within the past 36 months)
Leaving the scene of an accident
Hit and run
Negligent Homicide
Driving under the influence of drugs or alcohol
Unlawful use of driver's license
Driving while license is suspended
4 points (within the past 36 months)
At fault accidents
Driving on the wrong side of the road
Driving in wrong lane
Tum from wrong lane
Failure to control vehicle
Illegal passing
3 points (within the past 36 months)
Speeding and all other minor moving violations (to include all other scheduled violations)
Automatic Exclusion for:
Vehicular Manslaughter or Vehicular Homicide
Revoked, Suspended, or Caucelled Driver's License
Expired Driver's License
TAC(OI/08)
Board Approval 08/29/07
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TEXAS ASSOCIATION Of
RISK MANAGEMENT POOL
COUNTIES
AUTOMOBILE LIABILITY
PROPOSAL
Member Name: Calhoun County
Contract No.: 0290
Proposed Effective Date: January 01,201312:01 AM
Proposed Expiration Date: January 01, 201412:01 AM
Proposal Date: November 19, 2012
Deductible: $1,000
Annual
Coverage Limit Contribution
Basic Coverage
$100,000 BI Per Person (BIPP) I
$300,000 BI Per Occurrence (BIPO) I
$100,000 Property Damage Per Occurrence (PD)
$ 23,338
Includes the Following Coverages:
Hired and Non-Owned Liability
Personal Injury Protection (PIP)
Same as Basic Coverage Limits
$ 5,000 BIPP
Total Annual Contribution: $ 23,338
SUBJECT TO RECEIPT AND ACCEPTANCE BY THE TAC RISK MANAGEMENT POOL OF ORIGINAL FULLY
COMPLETED SIGNED AND DATED TAC APPLICATION FORM, INTERLOCAL AGREEMENT, PROPOSAL
ACCEPTANCE FORM AND FULL DISCLOSURE TO AND ACCEPTANCE BY THE POOL OF ALL LOSSES AND
~ON THAT COULD RESULT IN A POSSIBLE CLAIM.
f)ahVlJ II - 1-1 d--
Signature of TAC Official Date
COVERAGE ACCEPTANCE
The Member Elects: Basic Coverage including Hired & Non-Owned and Personal Injury Protection
Optional Coverages: Uninsured Motorists:
Personally Owned Vehicles:
Signature and Title of Accepting Official
Coverage Effective Date
Insurance Coordinator Date of Signature
This acceptance not valid unless received by the TAC office not later than 60
days from the proposal date shown above, unless extension is granted by TAC.
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TEXAS ASSOCIATION Of COUNTIES
RISK MANAGEMENT POOL
AUTOMOBILE LIABILITY
PROPOSAL
Member Name: Calhoun County
Contract No.: 0290
Proposed Effective Date: January 01, 201312:01 AM
Proposed Expiration Date: January 01, 201412:01 AM
Proposal Date: November 19, 2012
Deductible: $0
Annual
Coverage Limit Contribution
Basic Coverage
$100,000 BI Per Person (BIPP) I
$300,000 Bl Per Occurrence (BIPO) I
$100,000 Property Damage Per Occurrence (PD)
$ 24,731
Includes the Following Coverages:
Hired and Non-Owned Liability
Personal Injury Protection (PIP)
Same as Basic Coverage Limits
$ 5,000 BIPP
Total Annual Contribution: $ 24,731
SUBJECT TO RECEIPT AND ACCEPTANCE BY THE TAC RISK MANAGEMENT POOL OF ORIGINAL FULLY
COMPLETED SIGNED AND DATED TAC APPLICATION FORM, INTERLOCAL AGREEMENT, PROPOSAL
ACCEPTANCE FORM AND FULL DISCLOSURE TO AND ACCEPTANCE BY THE POOL OF ALL LOSSES AND
A~YJITUATION THAT COULD RESULT IN A POSSIBLE CLAIM.
..wJtlA/1 tnJcvv II ~ 1-[ ~
Signature of TAC Official Date
COVERAGE ACCEPTANCE
The Member Elects: Basic Coverage including Hired & Non-Owned and Personal Injury Protection
Optional Coverages: Uninsured Motorists:
Personally Owned Vehicles:
Signature and Title of Accepting Official
Coverage Effective Date
Insurance Coordinator Date of Signature
This acceptance not valid unless received by the TAC office not later than 60
days from the proposal date shown above, unless extension is granted by TAC.
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*
TEXAS ASSOCIATION Of COUNTIES
* RISK MANAGEMENT POOL
AUTO PHYSICAL DAMAGE
PROPOSAL
Member Name: Calhoun County
Contract No.: 0290
Proposed Effective Date: January 01,201312:01 AM
Proposed Effective Date: January 01,201412:01 AM
Proposal Date: November 19, 2012
Deductible: Comp $2,500
Coli $2,500
Coverage
Limit
Annual
Contribution
Collision See Schedule of Vehicles $ 10,584
Comprehensive See Schedule of Vehicles $ 2,694
Total Annual Contribution:
$
13,278
SUBJECT TO RECEIPT AND ACCEPTANCE BY THE TAC RISK MANAGEMENT POOL OF ORIGINAL FULLY
COMPLETED SIGNED AND DATED TAC APPLICATION FORM, INTERLOCAL AGREEMENT, PROPOSAL
ACCEPTANCE FORM AND FULL DISCLOSURE TO AND ACCEPTANCE BY THE POOL OF ALL LOSSES AND
ANY SITUATION THAT COULD RESULT IN A POSSIBLE CLAIM.
~)) 0rl En Jv(J)'LJ II ~ 7 -I d..
Si nature of TAC Official Date
COVERAGE ACCEPTANCE
Coverage as offered on this proposal is accepted.
Signature and Tille of Accepting Official
Coverage Effective Date
Insurance Coordinator
Date of Signature
This acceptance not valid unless received by the TAC office not later than 60
days from the proposal date shown above, unless extension is granted by TAC.
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TEXAS ASSOCIATION Of
RISK MANAGEMENT POOL
COUNTIES
CRIME COVERAGE
PROPOSAL
Member Name: Calhoun County
Contract No.: 0290
Proposed Effective Date: January 01,201312:01 AM
Proposed Expiration Date: January 01,201412:01 AM
Proposal Date: November 19, 2012
Deductible: $1,000
Coverage
Limit
Annual
Contribution
Form 0: Public Employee Dishonesty $100,000 Per Occurrence $2,454
Form B: Forgery or Alteration $20,000 Per Occurrence $205
Form C: Theft, Disappearance & Destruction $20,000 Per Occurrence $138
Form D: Robbery and Safe Burglary $20,000 Per Occurrence $14
Form R: Counterfeit Currency $20,000 Per Occurrence $18
Total Amount Due:
$2,829
SUBJECT TO RECEIPT AND ACCEPTANCE BY THE TAC RISK MANAGEMENT POOL OF ORIGINAL FULLY
COMPLETED SIGNED AND DATED TAC APPLICATION FORM, INTERLOCAL AGREEMENT, PROPOSAL
ACCEPTANCE FORM AND FULL DISCLOSURE TO AND ACCEPTANCE BY THE POOL OF ALL LOSSES AND
ANY SITUATION THAT COULD RESULT IN A POSSIBLE CLAIM.
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Signature ofTAC Official
1\~1-Jd-
Date
COVERAGE ACCEPTANCE
The Member elects:
Form 0
Form B
FormC
FormD
FormR
Signature and Title of Accepting Official
Coverage Effective Date
Insurance Coordinator
Date of Signature
This acceptance not valid unless received by the TAC office not later than 60
days from the proposal date shown above, unless extension is granted by TAC.
Page 1
TEXAS ASSOCIATION OF COUNTIES
RISK MANAGEMENT POOL
GENERAL LIABILITY COVERAGE SUMMARY
Premises Operations
Limits:
Bodily Injury
$100,000 per person
$300,000 per occurrence
$100,000 per occurrence
Property Damage
No aggregate applies to Governmental Functions
Products/Completed Operations
(Covers County Liability Only)
Limits:
Bodily Injury
$100,000 per person
$300,000 per occurrence
$100,000 per occurrence
Property Damage
Employee Benefits
Limits:
$100,000 each claim
$100,000 aggregate
($1,000 deductible)
Personal Injury / Advertising Injury
Limits:
$100,000 per person
$300,000 per offense / aggregate
Premises Medical Payments
Limit:
Bodily Injury
$1,000 each person
Damage to Premises Rented to Named Member
Limit: Property Damage
Optional coverage for additional contribution:
Law Enforcement Watercraft - Under 26 feet inlength
Additional Optional Maximum:
$50,000 per occurrence
$2,000,000 Per Person/Occurrence
$2,000,000 Aggregate
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TEXAS ASSOCIATION Of
* RISK MANAGEMENT POOL
COUNTIES
GENERAL LIABILITY
PROPOSAL
Member Name: Calhoun County
Contract No.: 0290
Proposed Effective Date: January 01, 201312:01 AM
Proposed Expiration Date: January 01,201412:01 AM
Proposal Date: November 19, 2012
Deductible: $1,000
Annual
Coverage Limit Contribution
Basic Coverage
$100,000 BI Per Person /
$300,000 BI Per Occurrence /
$100,000 Property Damage Per Occurrence
$
9,254
Includes the Following Coverages:
Damage to Premises Rented to Insured
Employee Benefits
Personal Injury (Excludes Law Enforcement Liab.)
Premises Medical Payments
$ 50,000 Property Damage Per Occurrence
$100,000 Aggregate ($1,000 Deductible)
$100,000 Per Person / $300,000 Per Offense
$ 1,000 Bodily Injury Per Person
Law Enforcement Watercraft
ADDITIONAL OPTIONAL MAXIMUM:
Per Person/Occurrence:
Aggregate:
Basic Coverage Limits
$
$
361
$1,000,000
$1,000,000
3,047
Total Amount Due:
$
12,662
SUBJECT TO RECEIPT AND ACCEPTANCE BY THE TAC RISK MANAGEMENT POOL OF ORIGINAL FULLY
COMPLETED SIGNED AND DATED TAC APPLICATION FORM, INTERLOCAL AGREEMENT, PROPOSAL
ACCEPTANCE FORM AND FULL DISCLOSURE TO AND ACCEPTANCE BY THE POOL OF ALL LOSSES AND
A Y S TUATION T T OULD RESULT IN A POSSIBLE CLAIM.
ll-l-(d-
Signature of TAC Official
Date
COVERAGE ACCEPTANCE
Coverage as offered on this proposal is accepted.
Signature and Title of Accepting Official
Coverage Effective Date
Insurance Coordinator Date of Signature
This acceptance not valid unless received by the TAC office not later than 60
days from the proposal date shown above, unless extension Is granted by TAC.
Page 1
TEXAS ASSOCIATION OF COUNTIES
RISK MANAGEMENT POOL
CALHOUN COUNTY
ADDENDUM TO PUBLIC OFFICIALS LIABILITY PROPOSAL
. The Limits of Liability offered are $2,000,000 each Claim and $2,000,000
Aggregate.
. Employment Liability is included within the Texas Association of Counties
Risk Management Pool (TAC RMP) Public Officials Liability Coverage
Document. It is not separately issued.
. If coverage with the TAC RMP Pool is accepted, we will request that you
complete the Public Officials Liability New Business Application and all
necessary supplements.
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TEXAS ASSOCIATION Of COUNTIES
RISK MANAGEMENT POOL
PUBLIC OFFICIALS LIABILITY
CLAIMS MADE FORM
PROPOSAL
Member Name: Calhoun County
Contract No.: 0290
Proposed Effective Date: January 01,201312:01 AM
Proposed Expiration Date: January 01, 2014 12:01 AM
Proposal Date: November 19, 2012
Deductible: $15,000
Coverage Limit I Contribution
Basic Coverage $2,000,000 per Occurrence and Aggregate $ 25,528
Retrodate: January 01, 2008
Included Coverages:
Criminal and Malicious Acts and Omissions $50,000 per Claim and $100,000 Aggregate $ Included in Base
Retrodate: January 01,2008 within Policy Limit
Takings $50,000 per Claim and $50,000 per Coverage $ Included in Base
Retrodate: January 01, 2013 Period
Back Wages $25,000 Limit within Policy Limit $ Included in Base
Retrodate: January 01, 2013
Punitive Damages $1,000,000 Limit within Policy Limit $ Included in Base
Retrodate: January 01, 2008
Elected Coverages: Limits:
County Clerk $274,000 in addition to Basic Coverage Limits $ 784
Retrodate: January 01,2008
District Clerk $136,000 in addition to Basic Coverage Limits $ 389
Retrodate: January 01, 2008
Total Annual Contribution: $
26,701
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TEXAS ASSOCIATION Of
RISK MANAGEMENT POOL
PUBLIC OFFICIALS LIABILITY
CLAIMS MADE FORM
PROPOSAL
COUNTIES
Member Name: Calhoun County
Contract No.: 0290
Proposed Effective Date: January 01,201312:01 AM
Proposed Expiration Date: January 01,201412:01 AM
Proposal Date: November 19, 2012
Deductible: $15,000
Total Annual Contribution: $
26,701
SUBJECT TO RECEIPT AND ACCEPTANCE BY THE TAC RISK MANAGEMENT POOL OF ORIGINAL FULLY
COMPLETED SIGNED AND DATED TAC APPLICATION FORM, INTERLOCAL AGREEMENT, PROPOSAL
ACCEPTANCE FORM AND FULL DISCLOSURE TO AND ACCEPTANCE BY THE POOL OF ALL LOSSES AND ANY
SITU TION THAT COULD RESULT IN A POSSIBLE CLAIM.
{
Signature of TAC Official
11-7-1d-..
Date
COVERAGE ACCEPTANCE
The Member Elects Basic Coverage:
Optional Coverages:
County Clerk
District Clerk
District Attorney
District Judge
Hospital
Airport
Punitive Damages in addition to policy limit
Signature and Title of Accepting Official
Coverage Effective Date
Insurance Coordinator
Date of Signature
This acceptance not valid unless received by the TAC office not later than 60
days from the proposal date shown above, unless extension is granted by TAC.
1\.8800
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:l ~~ TEXAS ASSOCIATION Of COUNTIES
RISK MANAGEMENT POOL
PUBLIC OFFICIALS LIABILITY
CLAIMS MADE FORM
PROPOSAL
Member Name: Calhoun County
Contract No.: 0290
Proposed Effective Date: January 01,201312:01 AM
Proposed Expiration Date: January 01,201412:01 AM
Proposal Date: November 19, 2012
Deductible: $20,000
-
Coverage Limit , Contnbutlon
Basic Coverage $2,000,000 per Occurrence and Aggregate $ 24,420
Retrodate: January 01, 2008
Included Coverages:
Criminal and Malicious Acts and Omissions $50,000 per Claim and $100,000 Aggregate $ Included in Base
Retrodate: January 01, 2008 within Policy Limit
Takings $50,000 per Claim and $50,000 per Coverage $ Included in Base
Retrodate: January 01, 2013 Period
Back Wages $25,000 Limit within Policy Limit $ Included in Base
Retrodate: January 01, 2013
Punitive Damages $1,000,000 Limit within Policy Limit $ Included in Base
Retrodate: January 01,2008
Elected Coverages: Limits:
County Clerk $274,000 in addition to Basic Coverage Limits $ 750
Retrodate: January 01, 2008
District Clerk $136,000 in addition to Basic Coverage Limits $ 372
Retrodate: January 01, 2008
Total Annual Contribution: $
25,542
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TEXAS ASSOCIATION Of COUNTIES
* RISK MANAGEMENT POOL
PUBLIC OFFICIALS LIABILITY
CLAIMS MADE FORM
PROPOSAL
Member Name: Calhoun County
Contract No.: 0290
Proposed Effective Date: January 01,201312:01 AM
Proposed Expiration Date: January 01,201412:01 AM
Proposal Date: November 19, 2012
Deductible: $20,000
Total Annual Contribution: $
25,542
SUBJECT TO RECEIPT AND ACCEPTANCE BY THE TAC RISK MANAGEMENT POOL OF ORIGINAL FULLY
COMPLETED SIGNED AND DATED TAC APPLICATION FORM, INTERLOCAL AGREEMENT, PROPOSAL
ACCEPTANCE FORM AND FULL DISCLOSURE TO AND ACCEPTANCE BY THE POOL OF ALL LOSSES AND ANY
SI,T,TION THAT COULD RESULT IN A POSSIBLE CLAIM.
Ka/l0tA fXlkatu 11- 1- (~
Signature of TAC Official Date
COVERAGE ACCEPTANCE
The Member Elects Basic Coverage:
Optional Coverages:
County Clerk
District Clerk
District Attorney
District Judge
Hospital
Airport
Punitive Damages in addition to policy limit
Signature and Title of Accepting Official
Coverage Effective Date
Insurance Coordinator
Date of Signature
This acceptance not valid unless received by the TAC office not later than 60
days from the proposal date shown above, unless extension is granted by TAC.
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TEXAS ASSOCIATION Of COUNTIES
RISK MANAGEMENT POOL
PUBLIC OFFICIALS LIABILITY
CLAIMS MADE FORM
PROPOSAL
Member Name: Calhoun County
Contract No.: 0290
Proposed Effective Date: January 01,201312:01 AM
Proposed Expiration Date: January 01,201412:01 AM
Proposal Date: November 19, 2012
Deductible: $20,000
Coverage Limit I Contribulion
Basic Coverage $2,000,000 per Occurrence and Aggregate $ 24,420
Retrodate: January 01,2008
Included Coverages:
Criminal and Malicious Acts and Omissions $50,000 per Claim and $100,000 Aggregate $ Included in Base
Retrodate: January 01, 2008 within Policy Limit
Takings $50,000 per Claim and $50,000 per Coverage $ Included in Base
Retrodate: January 01,2013 Period
Back Wages $25,000 Limit within Policy Limit $ Included in Base
Retrodate: January 01,2013
Punitive Damages $1,000.000 Limit within Policy Limit $ Included in Base
Retrodate: January 01, 2008
Elected Coverages: Limits:
County Clerk $274,000 in addition to Basic Coverage Limits $ 750
Retrodate: January 01, 2008
District Clerk $136,000 in addition to Basic Coverage Limits $ 372
Retrodate: January 01, 2008
District Attorney $2,000,000 within Basic Coverage Limits $ 733
Retrodate: January 01, 2013
District Judge $2,000,000 within Basic Coverage Limits $ 733
Retrodate: January 01, 2013
Total Annual Contribution: $
27,008
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TEXAS ASSOCIATION Of
* RISK MANAGEMENT POOL
COUNTIES
PUBLIC OFFICIALS LIABILITY
CLAIMS MADE FORM
PROPOSAL
Member Name: Calhoun County
Contract No.: 0290
Proposed Effective Date: January 01,201312:01 AM
Proposed Expiration Date: January 01, 2014 12:01 AM
Proposal Date: November 19, 2012
Deductible: $20,000
Total Annual Contribution: $
27,008
SUBJECT TO RECEIPT AND ACCEPTANCE BY THE TAC RISK MANAGEMENT POOL OF ORIGINAL FULLY
COMPLETED SIGNED AND DATED TAC APPLICATION FORM, INTERLOCAL AGREEMENT, PROPOSAL
ACCEPTANCE FORM AND FULL DISCLOSURE TO AND ACCEPTANCE BY THE POOL OF ALL LOSSES AND ANY
SITUATION THAT COULD RESULT IN A POSSIBLE CLAIM.
idM 61n I)n1YO/u ! I - 7 - 1 J.-
Signature of TAC Official Date
COVERAGE ACCEPTANCE
The Member Elects Basic Coverage:
Optional Coverages:
County Clerk
District Clerk
District Attorney
District Judge
Hospital
Airport
Punitive Damages in addition to policy limit
Signature and Title of Accepting Official
Coverage Effective Date
Insurance Coordinator
Date of Signature
This acceptance not valid unless received by the TAC office not later than 60
days from the proposal date shown above, unless extension is granted by TAC.
TEXAS ASSOCIATION OF COUNTIES
RISK MANAGEMENT POOL
CALHOUN COUNTY
ADDENDUM TO LAW ENFORCEMENT LIABILITY PROPOSAL
. The Texas Association of Counties Risk Management Pool (TAC RMP) Law
Enforcement Liability coverage is being offered with limits of liability for the
sum of damages arising out of each claim first made during the coverage
document period in the amount of $2,000,000.
. This coverage offered is on a Claims-Made coverage form and does not cover
any acts that occurred prior to the original inception date of the TAC RMP
Law Enforcement Liability, which will also be the Retro Active Date reflected
in this quote.
. If coverage with the T AC RMP Pool is accepted, we will request that you
complete the Law Enforcement Liability New Business Application and all
necessary supplements.
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:l ~ TEXAS ASSOCIATION Of COUNTIES
RISK MANAGEMENT POOL
LAW ENFORCEMENT LIABILITY
CLAIMS MADE FORM
PROPOSAL
Member Name: Calhoun County
Contract No.: 0290
Proposed Effective Date: January 01,201312:01 AM
Proposed Expiration Date: January 01,201412:01 AM
Proposal Date: November 19, 2012
Deductible: $50,000
Coverage Limit Contribution
Basic Coverage $2,000,000 per Occurrence and Aggregate $ 11,768
Retrodate: January 01, 2013
Included Coverages:
Criminal and Malicious Acts and Omissions $50,000 per Claim and $100,000 Aggregate $ Included in Base
Retrodate: January 01, 2013 within Policy Limit
Punitive Damages $1,000,000 Limit within Policy Limit $ Included in Base
Retrodate: January 01, 2013
Elected Coverages: Limits:
District Judge 2,000,000 within Basic Coverage Limits $ 500
Retrodate: January 01, 2013
Class A Officers: 54.50
Class B Officers: 3.00
Class C Officers: 14.00
Total Annual Contribution: $
12,268
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RISK MANAGEMENT POOL
LAW ENFORCEMENT LIABILITY
CLAIMS MADE FORM
PROPOSAL
Member Name: Calhoun County
Contract No.: 0290
Proposed Effective Date: January 01,201312:01 AM
Proposed Expiration Date: January 01, 2014 12:01 AM
Proposal Date: November 19, 2012
Deductible: $50,000
Total Annual Contribution: $
12,268
SUBJECT TO RECEIPT AND ACCEPTANCE BY THE TAC RISK MANAGEMENT POOL OF ORIGINAL FULLY
COMPLETED SIGNED AND DATED TAC APPLICATION FORM, INTERLOCALAGREEMENT, PROPOSAL
ACCEPTANCE FORM AND FULL DISCLOSURE TO AND ACCEPTANCE BY THE POOL OF ALL LOSSES AND ANY
SITUATION THAT COULD RESULT IN A POSSIBLE CLAIM.
k6 /( tJA't I){mvu
Signature of TAC Official
/1-7- ld.-
Date
COVERAGE ACCEPTANCE
The Member Elects Basic Coverage:
Optional Coverages:
District Judge
LE GL-A Premise Liability
LE GL-B Premise Liability
Punitive Damages in addition to policy limit
Signature and Title of Accepting Official
Coverage Effective Date
Insurance Coordinator
Date of Signature
This acceptance not valid unless received by the TAC office not later than 60
days from the proposal date shown above, unless extension is granted by TAC.
1\.5800
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TEXAS ASSOCIATION Of COUNTIES
RISK MANAGEMENT POOL
LAW ENFORCEMENT LIABILITY
CLAIMS MADE FORM
PROPOSAL
Member Name: Calhoun County
Contract No.: 0290
Proposed Effective Date: January 01, 201312:01 AM
Proposed Expiration Date: January 01, 2014 12:01 AM
Proposal Date: November 19, 2012
Deductible: $25,000
Coverage Limit , Contribution
Basic Coverage $2,000,000 per Occurrence and Aggregate $ 14,052
Retrodate: January 01, 2013
Included Coverages:
Criminal and Malicious Acts and Omissions $50,000 per Claim and $100,000 Aggregate $ Included in Base
Retrodate: January 01, 2013 within Policy Limit
Punitive Damages $1,000,000 Limit within Policy Limit $ Included in Base
Retrodate: January 01 , 2013
Elected Coverages: Limits:
District Judge 2,000,000 within Basic Coverage Limits $ 500
Retrodate: January 01, 2013
Class A Officers: 54.50
Class B Officers: 3.00
Class C Officers: 14.00
Total Annual Contribution: $
14,552
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TEXAS ASSOCIATION Of COUNTIES
RISK MANAGEMENT POOL
LAW ENFORCEMENT LIABILITY
CLAIMS MADE FORM
PROPOSAL
Member Name: Calhoun County
Contract No.: 0290
Proposed Effective Date: January 01, 201312:01 AM
Proposed Expiration Date: January 01, 201412:01 AM
Proposal Date: November 19,2012
Deductible: $25,000
Total Annual Contribution: $
14,552
SUBJECT TO RECEIPT AND ACCEPTANCE BY THE TAC RISK MANAGEMENT POOL OF ORIGINAL FULLY
COMPLETED SIGNED AND DATED TAC APPLICATION FORM, INTERLOCAL AGREEMENT, PROPOSAL
ACCEPTANCE FORM AND FULL DISCLOSURE TO AND ACCEPTANCE BY THE POOL OF ALL LOSSES AND ANY
SITUATION THAT COULD RESULT IN A POSSIBLE CLAIM.
~;?eJl t/t,r1kO/U
Signature 0 TAC fficial
l \-1-(d.-
Date
COVERAGE ACCEPTANCE
The Member Elects Basic Coverage:
Optional Coverages:
District Judge
LE GL-A Premise Liability
LE GL-B. Premise Liability
Punitive Damages in addition to policy limit
Signature and Tille of Accepting Official
Coverage Effective Date
Insurance Coordinator
Date of Signature
This acceptance not valid unless received by the TAC office not later than 60
days from the proposal date shown above, unless extension is granted by TAC.
TEXAS ASSOCIATION OF COUNTIES
RISK MANAGEMENT POOL
CALHOUN COUNTY
ADDENDUM TO PROPERTY PROPOSAL
With the purpose of offering improved Property coverage, The Texas Association of
Counties Risk Management Pool (TAC RMP) has joined several other state association
sponsored pools to form a mutual captive insurance company to provide Pooled
Reinsurance.
. Our Pooled Reinsurance program requires a common renewal date of July 1. We
offer Property coverage for the period of January 1, 2013 to July 1, 2013.
. Thereafter, the renewal date would be July 1 each year.
Property Appraisal Program:
. The Texas Association of Counties Risk Management Pool (TAC RMP) has
implemented an appraisal program to ensure members' property is properly
valued. This service is at no cost to the individual member. Between appraisals,
we adjust for inflation to account for increased cost of construction using
industry specific software.
. Please refer to enclosed brochure for further information.
. Upon award of bid, appraisal will be arranged to be conducted.
TAC RMP Property Coverage Document:
. Blanket Coverage is offered. Mobile Equipment is not included under the
blanket coverage.
. Wind, Hail and Flood are not excluded under the TAC RMP Property Coverage
Document.
. Special Deductibles apply for:
o Named Storm in Tier 1 Counties:
2% of 100% Replacement Cost Value of property covered at each
location where damage occurred and claim is made, subject
to minimum $50,000 per occurrence for all locations
combined for Wind, Hail and Flood from a Named Storm,
with any amounts recoverable by coverage maintained through
Texas Windstorm Insurance Association (TWIA) applying
toward the TAC RMP deductible as TWIA coverage shall
be the underlying coverage;
with separate deductibles applying to Flood:
for loss from Flood to property situated in a Special Hazard Zone
for Flood: deductibles shall be the maximum limit of
insurance that could have been purchased under the
National Flood Insurance Program (NFIP), whether
purchased or not, individually for each location where flood
damage occurred and claim is filed, and for all property not
eligible for NFIP coverage, or where discontinued, the
deductible shall be $500,000 per building and $500,000 for
contents.
for all other property where NFIP coverage is maintained: the
amounts recoverable by coverage maintained through the
NFIP coverage applying toward the TAC RMP deductible as
NFIP coverage shall be the underlying coverage.
o Special Hazard Zone for Flood:
for loss from Flood to property situated in a Special Hazard Zone
for Flood: deductibles shall be the maximum limit of
insurance that could have been purchased under the NFIP,
whether purchased or not, individually for each location
where flood damage occurred and claim is filed, and for all
property not eligible for NFIP coverage, or where
discontinued, the deductible shall be $500,000 per building
and $500,000 for contents.
for all other property where NFIP coverage is maintained: the
amounts recoverable by coverage maintained through the
NFIP coverage applying toward the TAC RMP deductible as
NFIP coverage shall be the underlying coverage.
. The following are reflected by their total values for bid purposes. Upon bid
acceptance, each item included in these values will be individually scheduled
with its value:
o Fine Arts Schedule objects
o Mobile Equipment Schedule: Hired and Leased Equipment
Unscheduled Equipment
. The Miscellaneous Equipment is reflected by its total value as 'contents' for bid
purposes. Upon bid acceptance, the values will be reflected as contents value at
the building where housed.
Final pricing will be determined by exposures actually scheduled.
TEXAS ASSOCIATION OF COUNTIES
RISK MANAGEMENT POOL
PROPERTY COVERAGE
QUOTATION NOTES
1. All Risk coverage is provided, subject to exclusions and conditions.
2. Replacement Cost is provided. No Agreed Amount or Coinsurance Clause.
3. Mobile Equipment coverage is included - at actual cash value.
4. EDP (Electronic Data Processing) Equipment and Mobile Voting EDP Equipment coverage is
included.
5. Property must be reported and scheduled for coverage to apply, including leased/rental mobile
contractors equipment and any fine arts objects.
6. Personal Property (Contents) is covered anywhere within the Coverage Document Territory.
7. Values reported for covered property must be at 100% replacement cost; except Mobile
Equipment is reported at actual cash value.
8. Flood and Earthquake coverages are automatically included - at no additional cost. Please refer
to the sample Coverage Document for applicable sub limits, terms and conditions, including specific
Deductible terms and limitations for property located in Special Hazard Zones for Flood.
9. Equipment Breakdown coverage (formerly known as Boiler and Machinery) is automatically
included - at no additional cost. State required Boiler Inspection Certificates provided as pool
service. Limit of Liability for all loss or damage to covered property from any 'One Breakdown'
is $25,000,000 - please refer to the sample Coverage Document for applicable sub limits within this limit,
as well as applicable terms and conditions.
10. Garagekeeper's Legal Liability is automatically included - at no additional cost at a sublimit of
$25,000 per occurrence, with a $1,000 Deductible applicable.
11. Watercraft 27' or less in length are automatically included - at no additional cost. Limit is
$150,000 anyone watercraft; $1,500,000 aggregate anyone occurrence.
12. Animal Extension for Animal Mortality and Theft and for Loss of Use is available as an
optional coverage. Coverage applies to dogs and horses fully owned by the member and used
in the service a Law Enforcement Agency or Department of the member. Coverage applies to
animals reported for scheduling and ceases at the age of 8 years.
13. Additional Coverages are included. Please refer to the sample Contract Declaration for applicable
sub limits and the sample Coverage Document for coverage provided.
14. Money and Securities are excluded. TAC RMP offers separate Crime Coverage.
The information in this Property Coverage Quotation Notes is not intended to form a part of the Coverage
Document. It is provided for discussion only. Please refer to the sample Coverage Document provided for
actual coverage.
h.SSoo
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TEXAS ASSOCIATION Of COUNTIES
RISK MANAGEMENT POOL
Property Proposal
Member Name: Calhoun County
Contract No.: 0290
Proposal Date: November 19, 2012
Proposed Effective Date: January 01, 2013 12:01 AM
Proposed Expiration Date: July 01,201312:01 AM
Per Occurrence Deductibles
Basic Coverage: $ 2,500
Mobile Equipment: $ 1,000
Equipment Breakdown: $ 2,500
Annual
Coverage Limit Contribution
Property Coverage $ 44,846,890 $ 128,295
Mobile Equipment $ 3,705,634 $ 11,443
Equipment Breakdown $ 25,000,000 $ 0
Total Contribution for Proposed Coverage Period: $ 139,738
Equates to annual contribution of $279,475.
SUBJECT TO RECEIPT AND ACCEPTANCE BY THE TAC RISK MANAGEMENT POOL OF ORIGINAL FULLY
COMPLETED SIGNED AND DATED TAC APPLICATION FORM, INTERLOCAL AGREEMENT, PROPOSAL
ACCEPTANCE FORM AND FULL DISCLOSURE TO AND ACCEPTANCE BY THE POOL OF ALL LOSSES AND
ANY ITUATION THAT COULD RESULT IN A POSSIBLE CLAIM.
J
Il-7-/:1-
Signature of TAC Official
Date
COVERAGE ACCEPTANCE
Coverage as offered on this proposal is accepted.
Signature and Title of Accepting Official
Coverage Effective Date
I nsurance Coordinator
Date of Signature
This acceptance not valid unless received by the TAC office not later than 60 days from the
proposal date shown above, unless extension is granted by TAC.
TEXAS ASSOCIATION OF COUNTIES
RISK MANAGEMENT POOL
SCHEDULE OF INCREASED SUBLIMITS
Calhoun County
Coverage Term: January 01, 2013 - July 01,2013
TAC Property Coverage provides certain sublimits with standard sublimits that can be increased at
the Member's option.
Shown below are those certain sublimits along with the sublimits currently reflected under your
coverage.
Accounts Receivable
Valuable Papers, Records and EDP Media
Gross Earnings and Extra Expense
Loss of Rents
Garagekeeper's Legal Liability
Property in Course of Construction and Soft Costs
Limit
Standard Chosen Effective
Sublimit Sub limit Date
$ 500,000 $ 500,000 01/01/2013
$ 1,000,000 $ 1,000,000 01/01/2013
$ 500,000 $ 500,000 01/01/2013
$ 500,000 $ 500,000 01/01/2013
$ 25,000 $ 25,000 01/01/2013
$ 2,500,000 $ 2,500,000 01/01/2013
Information on this summan) is for reference purposes only and not to be used for coverage determination. Refer to TAC Properh)
Coverage Document for details.
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ANNOUNCING
TEXAS ASSOCIATION OF COUNTIES
RISK MANAGEMENT POOL
WORKERS' COMPENSATION COVERAGE
Preferred Package Discount
January 1, 2012 - 2013
The Texas Association of Counties Risk Management Pool has established a Preferred Liability-
Property Package Discount for its Workers' Compensation Coverage. Effective January 1,2012,
all members of TAC's Risk Management Pool who carry Workers' Compensation coverage and
also carry Liability or Property and Casualty will receive up to a 10% additional discount off
their annual Workers' Compensation coverage contribution. Each eligible line of coverage,
carried through TAC Risk Management Pool will earn an additional 2% discount off Workers'
Compensation coverage charges. This additional discount is given after all other member
discounts and experience modifiers have been applied to the manual Workers' Compensation
coverage contribution. Eligible coverages are Automobile Liability, General Liability, Public
Officials Liability, Law Enforcement Liability and Property.
Calhoun County:
Calhoun County estimated 2012 WC Contribution
$125,580
$0
Less discounts based on current participation (-0%)
$125,580
Total Current 2012 WC Contribution
Discounts available if county accepts TAC proposals (-10%)
(AL -2%, GL -2%, PO -2%, LE -2%, PR -2%)
$12,558
Total 2012 WC Contribution less Preferred Liability-Property
Package Discounts if county accepts T AC proposals
$113,022
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*
TEXAS ASSOCIATION Of COUNTIES
* RISK MANAGEMENT POOL
WORKERS' COMPENSATION
PROPOSAL
Member Name: Calhoun County
Contract No.: 0290
Proposal Date:
Proposed Effective Date: January 01, 201312:01 AM
Proposed Expiration Date: January 01,201412:01 AM
BREAKOUT
Class Number of Estimated Net
Code Description of Risk Employees Payroll Contribution
083910 Auto Mechanics 1 34,619 301
090140 Bldg. Maintenance & Janitors 9 269,076 5,987
088100 Clerical 76 2,590,658 8,813
056060 Co. & Drain Dis!' Commissioners 4 224,273 778
088102 Election Personnel & Jurors 9 125,175 426
087420 Juv Probation, Collectors, Sales 4 167,714 194
075900 Landfill, Garbage Reduction 3 78,097 1,073
077200 Law Enforcement 96 3,779,664 63,263
088380 Library/Museum-Prof. & Clerical 15 291,219 812
051910 Office Technician 2 85,575 291
088320 Physician Med.Lab. Minor Emer. Clinic 3 115,357 149
055060 Road Employees-Paving, Repaving 31 1,001,368 30,932
Total Payroll / Employees 253 8,762,795 113,022
Page 1012
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*
TEXAS ASSOCIATION Of COUNTIES
* RISK MANAGEMENT POOL
WORKERS' COMPENSATION
PROPOSAL
Member Name: Calhoun County
Contract No.: 0290
Proposal Date:
Proposed Effective Date: January 01, 2013 12:01 AM
Proposed Expiration Date: January 01,201412:01 AM
SUMMARY
Experience Modifier 1.05
Package Discount 0.00%
Estimated Worker's Compensation Contribution 113,022
SUBJECT TO RECEIPT AND ACCEPTANCE BY THE TAC SELF-INSURANCE FUND OF ORIGINAL FULLY
COMPLETED SIGNED AND DATED TAC APPLICATION FORM, INTERLOCAL AGREEMENT, PROPOSAL
ACCEPTANCE FORM AND FULL DISCLOSURE TO AND ACCEPTANCE BY THE FUND OF ALL LOSSES AND ANY
SITUATION THAT COULD RESULT IN A POSSIBLE CLAIM.
MAC//} en fr(J/L
Signature of TAC Official
[/-'(- Id-.
Date
Coverage as offered on this proposal is accepted.
Signature and Title of Accepting Official
Coverage Effective Date
Insurance Coordinator
Date of Signature
This acceptance not valid unless received by the TAC office not later than 60 days from the
proposal date shown above, unless extension is granted by TAC.
Page 2 012
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AUTO LIABILITY
Supplementary Death Benefit Endorsement
This endorsement modifies the Auto Liability Coverage Document to which it is attached.
COVERAGE AGREEMENT AND LIMIT OF LIABILITY
A. ay to a covered person's beneficiary a Supplementary Death Benefit in the amount often thousand
eeause of death to the covered person:
1.
2.
d person while wearing a seat belt or protected hy an airbag.
such dealh occurs withiu Ihree years of the dale of such accident.
all not be rednced by any olher amounts paid or payable under this Document or
ent.
,
"
~
B.
C.
This Supple
other coverage or insura
PROOF OF CLAIM FOR D
The beneficiary musl furnish Ihe
verifiable proof thai the covered per
- fthe covered person, accompanied by a police report or other
ell or prolecled by an airbag allhe lime Ihe accident occurred.
DEFINITIONS
A.
Covered person, as used in this endorsemen
the course of their employmenl with the Name
an auto owned or leased by the Named Member' 0
owned or leased by the Named Member that has be
loss or destruction.
mployees of the Named Member; but only while in
occupying, with the Named Member's permission,
Named Member as a snbstitute for an auto
ause of its breakdown, repair, servicing,
B. Seat Belt means manual or automatic safety belts or seat an
C. Airbag means a functioning airbag designed 10 protecl the occup
D. Beneficiary means (in order ofpriorily of pay men I):
1. the surviving spouse if a resident in the same household as the decease
or
e time of the accident,
2. if the deceased covered person is an unmarried minor, either of the surviving
time of the accident, or
3. the estate of the deceased covered person
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: AL/SDB
Endorsement Effective Date:
Named Member:
Attached to and forming part of Coverage Documenl Number: AL
TAC-AUSBD (01/08)
Board Approved 08/29/07
Page 1 ofl
AUTO LIABILITY
Mexico Coverage Endorsement - Limited
This endorsement modifies the Auto Liability Coverage Document to which it is attached.
COVERAGE EXTENSION
The coverages forming a part of this Docum
within 25 miles of the United States border. T IS
do not exceed ten days at anyone time.
ended to accidents occurring in Mexico,
. lies for infrequent trips into Mexico that
APPLICABILITY
Notwithstanding any provisions in this Document to the con
persons who live in the United States of America. The auto i
sought hereunder must be principally garaged and used in the Un
two requirements are not met, this endorsement will not apply.
ent applies only to covered
nt for which coverage is
erica. If either of these
LIMITS OF LIABILITY
The Limits of Liability for the coverages extended by this endorsement are shown in the Declarations
or in the Schedule ofthe applicable endorsement. Section LC.2, Out of State Coverage, of the Auto Liability
Coverage Form, shall not apply to the coverage extended by this endorsement.
SPECIAL CONDITIONS-OTHER INSURANCE
The coverage provided by this endorsement is excess over any other collectible insurance.
SAMPLE ENDORSEMENT
FOR DISCUSSION ONLY
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsemenl: AL/MEX
Endorsemenl Effeclive Dale:
Named Member:
Attached to and fomling part of Coverage Documenl Number: AL
TAC-AUSBD (01108)
Board Approved 08/29/07
Page lofl
AUTO LIABILITY
Nuclear Energy Exclusion Endorsement
This endorsement modifies the Auto Liability Coverage Document to which it is attached.
A.
oes not apply under this Document to bodily injury or property damage:
spect to which a covered person under this Document is also an insured
nuclear energy liability policy issued by Nuclear Energy Liability
c ociation, Mutual Atomic Energy Liability Underwriters, Nuclear
iation of Canada or any of their successors, or would be an
such policy but for its termination upon exhaustion of its limit
,t.:ll.
.
,.
2. Resulting fj ous properties of nuclear material and with
respect to on or organization is required to maintain financial
protection ic Energy Act of 1954, or any law amendatory
thereof, or (b or had this Document not been issued would
be, entitled to in ited States of America, or any agency
thereof, under any agr i by the United States of America, or
any agency thereof, wi ization.
3. With respect to bodily injury s person resulting from the
hazardous properties of nucl . ing out of the operation of a
nuclear facility by any person or
4. Resulting from the hazardous prope erial, if:
a. The nuclear material (i) is at any ed by, or operated
by or on behalf of, a covered perso scharged or
dispersed therefrom;
b. The nuclear material is contained in spe
possessed, handled, used, processed, stored, t
or on behalf of a covered person; or
c. The bodily injury or property damage arises out of
covered person of services, materials, parts of equipm t in connection
with the planning, construction, maintenance, operation or use of any
nuclear facility, but if such facility is located within the United States
of America, its territories or possessions or Canada, this exclusion (c)
applies only to property damage to such nuclear facility and any
property thereat.
B. As used in this endorsement:
1. Hazardous properties include radioactive, toxic or explosive properties;
2. Nuclear material means source material, Special nuclear material or by-
product material;
3. Source material, special nuclear material, and by-product material have
the meanings given them in the Atomic Energy Act of 1954 or in any law
amendatory thereof;
TAC-AL/NUCL (01/08) Page I of 2
Board Approved 08/29/07
4. Spent fuel means any fuel element or fuel component, solid or liquid, which has
been used or exposed to radiation in a nuclear reactor;
5. Waste means any waste material (a) containing by-product material other than
the tailings or wastes produced by the extraction or concentration of uranium or
thorium from any ore processed primarily for its source material content, and
(b) resulting from the operation by any person or organization of any nuclear
facility included under the first two paragraphs of the definition ofnnclear
.' 'ty.
c.
facility means:
nnclear reactor;
i ment or device designed or used for (1) separating the isotopes
or plutonium, (2) processing or utilizing spent fuel, or (3)
ssing or packaging waste;
device used for the processing, fabricating or alloying
aterial if at any time the total amount of such
ustod of a covered person at the premises where such
d consists of or contains more than 25 grams
or any combination thereof, or more than
~
,
7.
equip
of pluto
250 grams of
Any structure, a
the storage or disposa of
and includes the site on which
conducted on such site and all pre
Nuclear reactor means any apparatu
in a self-supporting chain reaction or to
material;
d.
ises or place prepared or used for
is located, all operations
operations;
sustain nuclear fission
s of fissionable
8. Property damage includes all fonus of radio a
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: ALfNUCL
Endorsement Effective Date:
Named Member:
Attached to and fonning patt of Coverage Document Number: AL
TAC-AL/NUCL (01/08)
Board Approved 08/29107
Page 2 of2
AUTO LIABILITY
Deductible Endorsement
modifies the Auto Liability Coverage Document to which it is attached. This change is
ion date of the Document unless another date is indicated below.
SCHEDULE
i
~
"
.....
Basis
Per Accident
Deductible
$ As Scheduled
A. The Pool's obligation
bodily injury and prope
ofthe deductible amount sta
uto Liability Coverage Form for damages because of
, resulting from any accident, shall only apply in excess
ns.
B. All amounts expended by the Pool,
attorneys fees, expert witness fees, litigatio
deductible amount.
sent, in defending any claim or suit (including
costs of court), are included within the
C. At the Pool's request, the Named Member mu
deductible before the Pool is obligated to pay. TIi _
part of the deductible stated in this endorsement, to s .
Member must reimburse the Pool for the deductible or p
Pool's payment of any deductible amount does not waive 1
'thin the Named Member's
is not obligated, to pay all or any
fthis happens, the Named
that the Pool has paid. The
ment.
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: ALIDED
Endorsement Effective Date:
Named Member:
Attached to and forming part of Coverage Document Number: AL
TAC-AL/DED (01/08)
Board Approved 08/29/07
Page 10ft
AUTO LIABILITY
Personal Injury Protection Coverage Endorsement
This endorsement provides coverage in addition to that provided under the Auto Liability Coverage Form. This
endorsement modifies the Auto Liability Coverage Document to which it is attached. Certain tenus used herein
have meanings different than similar tenus used in other fomlS and endorsements forming a part of the Document.
Please review the Definitions and Conditions stated herein.
Coveraf!e I Limit of Covera~e
Personal Injurv Protection I $5,000 each person
Description of Covered Autos:
See H.t Additional Definitions Below
SCHEDULE
A, COVERAGE AGREEMENT
The Pool will pay Personal Injury Protection benefits because ofbo
1. resulting from a motor vehicle accident; and
2. sustained by a covered person.
The Pool's payment will only be for losses or expenses incu
accident.
Personal Injury Protection benefits consist of:
1. Necessary expenses for medical and timer
2. Eighty percent ofa covered person's 10
only if, at the time of the accident, the
a. was an income producer
b. was in an occupation
These benefits do not apply to
Loss of income is the di c
a. income whic med had the covered person not been injured; and
b. the amount lly received from employment during the disability.
If the income be' date ofaccid~nt is a salaty or fixed remuneration, it shall be
used in deten f income which would have been earned, Otherwise, the average
monthly inco unng the period (not more than 12 months) preceding the accident shall
be use
3. Reaso curred for obtaining services. These services must replace those a covered
perso ally have performed:
a. ay;
b. du period of disability; and
c. for the care and maintenance of the family or household.
These benefits would apply if, at the time of the accident, the covered person:
a, was not an income producer; and
b. was not in an occupational status.
These benefits would not apply to any loss after the covered person dies.
B. EXCLUSIONS
The Pool does not provide Personal Injury Protection Coverage for any person for bodily injury sustained:
1. in an accident caused intentionally by that person.
2. by that person while in the commission of a felony.
3. by that person while attempting to elude arrest by a law enforcement official.
4. to any employee of the Named Member, who is injured in the course and scope of his or her
employment.
TAC-AUPIP (11/l2)
Board Approved 08/28/12
Page 1 of3
C, WHO IS A COVERED PERSON
For purposes of this Personal Injury Protection Coverage, covered person shall mean:
1. The Named Member's officials, employees, volunteers and any of their family members, while
occupying or when struck by a covered auto.
2. anyone else occupying a covered auto with the Named Member's permission and within the
scope of that pem1ission.
D, LIMIT OF COVERAGE
Regardless of the number of owned covered autos, covered persons, premiums paid, claims made or
vehicles involved in the accident, the most the Pool will pay for bodily injury for each covered person in
anyone accident is the Limit of Coverage shown in the Schedule.
If a person receiving payment under this Personal Injury Protection Coverage Endorsement is also making
a claim against the Named Member or another covered person under the bodily injury provisions Auto
Liability Coverage Form of this Document, or against the Pool under the bodily injmy provisions of the
UninsuredlUnderinsured Motorists Coverage Endorsement of this Document, such Named Member, other
covered person and the Pool shall be entitled to an offset, credit or deduction against any award made to
such recipient in an amount equal to the amount paid to such recipient un his Personal Injury
Protection Coverage Endorsement; and the Auto Liability Coverage Form insuredlUnderinsured
Motorists Coverage Endorsement of this Document are hereby ame ; provided, however,
nothing herein shall be construed to authorize a direct action aga' [ the
E. CONDITIONS
The CONDITIONS found in the Auto Liability Coverag
as follows:
1. Condition L.2, DUTIES IN THE EVENT
by adding the following:
d. at the Pool's request, give to ill proof of claim, under oath if required,
including full particula extent of the accident, injuries, treatment and
any other details relev 0 determination of benefits payable hereunder.
Proof of claim s b rms furnished by the Pool unless, within fifteen days
after receiving , the Pool has failed to furnish such forms. In such
event, notice Iven III etter form.
e. at the Po ' . 0 examination under oath by any person selected by the
Pool, reasonably required.
f. pro 0 z Pool to obtain medical records or pertinent information.
g. ical or mental examination, at the Pool's request, by physicians of the
when and as often as the Pool reasonably requests.
2. ER OF RIGHTS OF RECOVERY AGAINST ANOTHER TO THE
3. Condition R, OTHER COVERAGE OR INSURANCE, is replaced by the following:
If there is other Personal Injury Protection Insurance, the Pool will pay only its share. The Pool's
share is the proportion that its Limit of Protection bears to the total of all applicable limits.
However, any coverage the Pool provides with respect to a vehicle the Named Member does not
own shall be excess over any other collectible Personal Injury Protection coverage.
F, PAYMENT PROVISION
Benefits payable under this coverage, including those for loss of income, are only payable within thirty
days after satisfactory proof thereof is received by the Pool. Subject to such proof of claim:
1. accrued medical expenses and benefits for loss of income at'e payable not more frequently than
every two weeks;
2. any benefits for a period ofless than two weeks for which the company is liable are payable at
termination of the disability period.
Payments will be made to the person who is disabled or, if the disabled person is an unemancipated minor,
to the parent or guardian who has custody of such minor within thirty days after satisfactory proof of
parentage or gnardianship is received by the Pool.
TAC-AUPIP (11112)
Board Approved 08/28/12
Page2of3
G. ASSIGNMENT OF BENEFITS
Payments for medical benefits will be paid directly to a physician or other health care provider if the Pool
receives a written assignment signed by the covered person to whom such benefits are payable.
H, ADDITIONAL DEFINITIONS
The following are added to the DEFINITIONS Section and have special meaning for Personal Injury
Protection.
1. Covered auto means an auto which is:
a. owned or leased by the Named Member; or
b. temporarily used by the Named Member as a substitute for an auto owned or
leased by the Named Member that has been withdrawn from normal use
because of its breakdown, repair, servicing, loss or destruction; and
Liability coverage under this Document must apply to the covered auto.
Covered auto shall not include:
a. any auto while used as a livery or public conveyance, unless, prior to the
accident, such use is specifically declared and described e Declarations or
otherwise approved in writing by the Pool;
b. any auto which is not being used with the Named mission; or the
use of which is outside the scope ofthe Name nmssion;
2. Medical expenses means expenses for necessary ~ray and dental services,
including prosthetic devices, and necessary ambu ofessional nursing and funeral
services.
3. Occupying means in, upon, getting in, on, out 0
4. Person means a natural person and not a
business name.
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: ALJPIP
Endorsement Effective Date:
Named Member:
Attached to and fonning part of Coverage Document Number:
TAC-AUPIP (03/11)
Board Approved 311 0/11
Page 3 of3
AUTO LIABILITY
Uninsured/Underinsured Motorists Coverage Endorsement
This endorsement provIdes coverage in addition to that provided under the Auto Liability Coverage Form. Certain
terms used herein have meanings different than similar terms used in other forms and endorsements forming a part of
the Document. Please review the Definitions and Conditions stated herein.
B. EXCLUSIONS
1. The Pool does not provide UninsllredfUnderinsur
a. For bodily injury sustained while occupying, or
type owned by the Named Member, any of its offici
members, which is not a covered auto rmder this endor
b. If that person or the legal representative settles the claim w
c. For the first $250 of the amormt of damage to the property of th
accident.
d. Using a vehicle without a reasonable belief that the person is entitled
apply to the Named Member.
e. For bodily injury or property damage resulting from the intentional acts of that person.
2. This coverage shall not apply directly or indirectly to benefit:
a. any insurer or self-insurer rmder any workers' compensation, disability benefits or similar law;
b. any insurer of property.
SCHEDULE
Limits of Liability
$N aN each person
$N aN each accident
$NaN each accident
Autos: See, F.1. Additional Definitions below
Jig,
,....
'"
A. COVERAGEAGREEM
1. The Pool will pay
of an uninsured mot
damages, caused by an en
ownership, maintenance or use
2. Any judgment for damages aris
Pool.
3. If the Pool and the Named Member do n
burden of proof as to that issue shall be 0
a covered person is legally entitled to recover from the owner or operator
dily injury sustained by the covered person, or property
r operator's liability for these damages must arise out of the
motor vehicle.
ht without the Pool's consent is not binding on the
ther or not a vehicle is actually uninsured, the
or any person:
tor vehicle or a trailer of any
teers, or any of their family
This exclusion does not
c. WHO IS A COVERED PERSON
For purposes of this Uninsured/Underinsured Motorists Coverage, covered person shall mean:
1. The Named Member,
2. Officials, employees and volnnteers while occupying a covered auto.
3. Any person or organization for damages that person or organization is entitled to recover because of bodily
injury sustained by a person described in 1. or 2. above
TAC-AL/UM (01/08)
Board Approved 08/29/07
Page: 1 of 4
D. LIMITS OF LIABILITY
The Limit of Liability shown in the Schedule for bodily injury each person is the most the Pool will pay for
all damages for bodily injury sustained by anyone person in anyone auto accident. Subject to this limit for
each person, the Limit of Liability indicated for bodily injury, each accident is the most the Pool will pay for all
damages for bodily injury resulting from anyone accident, regardless of the number of persons injured. The
Limit of Liability shown in the Schedule for property damage, each accident is the most the Pool will pay for all
damages for property damage resulting from anyone accident, regardless of the number of persons claiming
such damage These limits are the most the Pool will pay regardless of the number of:
1.
2.
3.
4.
5.
1. neither one by itself is sufficient to cover the loss;
2. the Named Member pays the higher deductible amount (but the Named
deductibles); and
3. the Named Member will not recover more than the actual damages.
t.
,
Subject to this axnn
1. The difference be
and the amount p
orgallizations who
2. The applicable limit 0
imit of Liability will be the lesser of
of a covered person's damages for bodily injury or property damage
at covered person for such damages, by or on behalf of persons or
Ie; and
hn order to avoid benefit payments
Schedule or in the Declarations and
damages not paid or payable under any work.
medical expense coverage or Personal hnjur
Any payment under this coverage to or for a co
entitled to recover for the same damages under Hi
ages sustained, subject only to the limits set out in the
. ons of this coverage, the Pool will pay all covered
n law, disability benefits law, any similarIaw, auto
ce any amount that covered person is
E of this policy.
SPECIAL PROVISION FOR PROPERTY DAMAGE
If a covered person sustains property damage loss, to which
another policy and this coverage both apply, the Named Mem
will be paid. The Named Member may recover under both covera
damage coverage of
verage from which damages
E. CONDITIONS
The Conditions found in the Auto Liability Coverage Form are changed for UninsuredfUnderinsured Motorists
Coverage as follows:
1. Condition L.2., DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS is changed by adding the
following:
d. at the Pool's request, give to the Pool a written proof of claim, under oath if required, including full
particulars of the natnre and extent of the accident, injuries, treatment and any other details relevant to
the Pool's determination of benefits payable hereunder. Proof of claim shall be made on forms fumished
by the Pool unless, within fifteen days after receiving notice of the claim, the Pool has failed to fumish
such forms. hn such event, notice shall be given in letter form.
e. at the Pool's request, submit to examination under oath by any person selected by the Pool, as often as
may be reasonably required.
TAC-AL/UM (01/08)
Board Approved 08/29/07
Page: 2 of 4
f. provide or authorize the Pool to obtain medical records or pertinent information.
g. submit to physical or mental examination, at the Pool's request, by physicians of the Pool's choice, when
and as often as the Pool reasonably requests.
h. promptly notify the police if a hit-and-run driver is involved.
i. promptly send the Pool copies of the legal papers if a suit is brought.
j. take reasonable steps after loss to protect the covered auto and its equipment from further loss. The Pool
will pay reasonable expenses incurred to do this.
k. per 't the Pool to inspect and appraise the damaged property before its repair or disposal.
2. Con TRANSFER OF RIGHTS OF RECOVERY AGAINST ANOTHER TO THE POOL is changed by
wing: t
.~ ::
s a yment and the covered person recovers from another party, the covered person sha .
st for the Pool and reimburse the Pool to the extent of the Pool's payment. Howevel!lli
amount recovered from an insurer of any underinsured motor vehicle. '
E GE OR INSURANCE, is replaced by the following:
coverage or insurance the Pool will pay only its share of the loss. The
Limit of Liability bears to the total of all applicable limits. However, any
ct to a vehicle the Named Member does not own, shall be excess over
the
3. Conditio
If there is ther app
Pool's share is the pr
coverage the Pool r
any other collectible
4. The following Conditi
U. PAYMENT OF LOSS
Any amount due under thi
1. to the covered person, 0
2. if the covered person is a minor, t
3. if the covered person is deceas
to receive such payment or to a per
represents;
4. to a person authorized by law to receive
damages which the payment represents;
provided, the Pool may at its option pay any am
subparagraph U. 4., above.
ured Motorists Coverage is payable:
ardian, or
se, otherwise to a person authorized by law
ecover the damages which the payment
son legally entitled to recover the
F. ADDITIONAL DEFINITIONS
The DEFINITIONS of the Document are changed or supplemented for U
MOTORIST COVERAGE as follows:
1. Covered auto means
a. any auto which is:
1. owned or leased by the Named Member; or
2. temporarily used by the Named Member as a substitute for an auto owned or leased by the Named
Member that has been withdrawn from normal use because of its breakdown, repair, servicing, loss
or destruction; and
Liability coverage under this Document must apply to the covered auto.
b. Covered auto shall not include:
1. any auto while used as a livery or pnblic conveyance, unless, prior to the accident, such use is
specifically declared and described in the Declarations or otherwise approved in writing by the Pool;
2. any auto which is not being used with the Named Member's permission; or the use of which is
outside the scope of the Named Member's permission.
2. Family member meanS a person related to a Named Member, its officials, employees or volunteers by
blood, marriage or adoption, who is a resident of their respective households, including a ward or foster
child.
TAC-ALIUM (01/08)
Board Approved 08/29/07
Page: 3 of 4
3. Occupying means in, upon, getting in, on, out or off.
4. Property damage means injury to or loss of use of or destruction of;
a. a covered auto;
b. property owned by the Named Member, its officials, employees or volunteers, while contained in a
covered auto; and
c. property owned by any other person occupying the covered auto while contained in the covered auto.
5. Uninsured motor vehicle means a land motor vehicle or trailer of any type:
a. To which no liability bond or policy applies at the time of the accident.
b. hit-and-run vehicle whose operator or owner cannot be identified. The vehicle must hit a
son, a covered auto or a vehicle a covered person is occupying. i4;.;
lia . ity bond or policy applies at the time of the accident, but the bonding or insuring II,
yerage or is or becomes insolvent. ..,
red motor vehicle. An underinsured motor vehicle is one to which a liability bond
e of the accident but its limit of liability either:
I amount the covered person is legally entitled to recover as damages; or
t of claims to an amount which is not enough to pay the full amount tile
tied to recover as damages.
t include any vehicle or equipment,
egular use of the Named Member, its officials, employees or
them;
pIicabIe motor vehicle law;
of the vehicle is uninsured and there is no statute
or property damage on the governmental body for
oteno
2. has been re
covered p
However, uninsure
a. owned by or furnis
volunteers, or any fam
b. owned or operated by a self
c. owned by any governmental
imposing liability for damage because
an amount not less than the Limit of
d. operated on rails or crawler treads;
e. designed mainly for use off public roads w
f. while located for use as a resi9.ence or premis
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: AL(UM
Endorsement Effective Date:
Named Member:
Attached to and forming part of Coverage Document Number: AL
TAC-AL/UM (01/08)
Board Approved 08/29/07
Page: 4 of 4
AUTO LIABILITY
Garagekeepers' Legal Liability
This endorsement provides coverage in addition to that provided under the Auto Liability Coverage
Form. This endorsement modifies the Auto Liability Coverage Document to which it is attached.
Certain terms d herein have meanings different than similar terms used in other forms and
endorsement a part of the Document. Please review the Definitions and Conditions stated
herein.
A. COVERAGE
1. The Pool
to an auto, au
control while the
operations under:
(a) Comprehensive Co
(1) An auto's collisio
(2) An auto's overturn.
(b) Collision coverage. Caused
(1) An auto's collision with an
(2) An auto's overturn.
The Pool has the right and duty to defend an
these damages. However, the Pool has no duty
seeking damages for any loss to which this coverag 0
may investigate and settle any claim or suit as the Poo
The Pool's duty to defend or settle ends for a coverage whe
Coverage for that coverage has been exhausted by payment
settlements.
SCHEDULE
Limit of Coverage
$25,000 each loss
ember legally must pay as damages for loss
part of an auto in the Member's custody or
ing, parking or storing it in Member's garage
2.
uit asking for
er against a suit
- ePool
_ opriate.
Imitof
dgments or
3. COVERAGE EXTENSIONS
The following applies as Supplementary Payments. In addition to the Limit of
Coverage, the Pool will pay for the Member:
(a) All expenses the Pool incurs.
(b) The cost of bonds to release attachments in any suit against the Member
the Pool defends, but only for bond amounts within the Pool's Limit of
Coverage.
(c) Reasonable expenses incurred by the Member at the Pool's request,including
actual loss of earnings up to $100 a day because of time off from work.
(d) All costs taxed against the Member in any snit against the Member the Pool
defends.
TAC-ALlGAR (01108)
Board Approved 08/2912007
,
,
Page: 1 of 3
(e) All interest on the full amount of any judgment that accrues after entry of the
judgment in any suit against the Member the Pool defends; but the Pool's
duty to pay interest ends when the Pool has paid, offered to payor deposited
in court the part of the judgment that is within the Pool's Limit of Coverage.
B. EXCLUSIONS
(1) This coverage does not apply to any of the following:
Contractual Obligations. - Liability resulting from any agreement by
which the Member accepts responsibility for loss.
ft. - Loss due to theft or conversion caused in any way by the
er or the Member's employees.
e Parts. - Defective parts or materials.
- Faulty "work the Member performed".
ber owns, hires or borrows
oss to any of the following:
reproducing equipment unless permanently
I.''').
<.
~
(2)
(e)
The Poo
(a)
roducing devices designed for
ent.
(c) Sound receiving equip or use as a citizen's band radio,
two-way mobile radi s ing monitor receiver,
including its antennas an less permanently installed
in the dash or console op 1 the auto manufacturer
for the installation of a radio.
(d) Equipment designed or used for t
(3) The Pool will not pay for loss caused by or r
unless caused by other loss that is covered.
(a) Wear and tear, freezing, mechanical or elec
(b) Blowouts, punctures or other road damage to tires.
(4) This coverage does not apply to loss due to theft of an auto
auto or contents of the auto:
(a) When the lot where autos are located is not protected at all entrances,
exits, openings and the entire perimeter by fences, gates, or heavy chains
and locks; or
(b) When the building where autos are located is not protected with locked
and secured openings.
(5) This coverage does not apply to loss to an auto arising out of the ownership,
operation, maintenance or use of any auto in the Member's garage operations
such as a tow truck, car hauler or other service auto used to move, tow, haul or
carry autos.
(6) This coverage does not apply to loss to an auto arising out of any repossession of
non-owned autos.
(b)
TAC-AUGAR (01108)
Board Approved 08/29/2007
Page: 2of3
C. LIMIT OF COVERAGE
Regardless of the number of autos, Members, premiums paid, claims made or suits brought, the
most the Pool will pay for anyone loss, at anyone location is the Lirnit of Coverage shown on
the Schedule above minus the applicable deductibles.
E. ADDITIONAL DEF
(1) GARAGE
for parking or
confiscated or im
ool's obligation to pay for, repair, return or replace damaged or stolen
u by the applicable deductible shown on the Declarations page of this
ollowing: Sometimes to settle a claim or suit, the Pool may pay
Ie. Ifthis happens, the Member must reimburse the Pool for the
deductible that the Pool paid
II
,
D. DEDUC
For e
prop
Doc
all or a
deductible 0
(2)
LOSS means direct
Coverage only, LOSS a
SUIT means a civil proceedi
claimed.
icable to Garagekeeper's Legal Liability
s the ownership, maintenance or use oflocations
wned by the Member which have been
ember
damage. But for Garagekeeper's
ting loss of use.
ca1 damage to covered autos is
(3)
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: ALlGAR
Endorsement Effective Date:
Named Member:
Attached to and forming part of Coverage Document Number: AL
TAC-AUGAR (01108)
Board Approved 08/29/2007
Page: 3 00
AUTO LIABILITY
Exclusion of Named Driver and
Partial Rejection of Coverages Endorsement
The Na
odifies the Auto Liability Coverage Document to which it is attached. This change is
ion date of the Document unless another date is indicated below.
tbat none of the coverages afforded by this document shall apply while
\
~
is operating any auto or any other mo
will also serve as a rejection of Un in sur
Coverage while any auto or any other motor
ed Member further agrees that this endorsement
rists Coverage and Personal Injury Protection
by the excluded driver.
(
By:
(Duly Au
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: AL/DEX
Endorsement Effective Date:
Named Member:
Attached to and fonning part of Coverage Document Number: AL
TAC-ALIDEX (01/08)
Board Approved 08/29/07
Page: 1
AUTO LIABILITY
Endorsement Providing Coverage for Certain Personal Vehicles
When Vehicle Is Being Used For Official Duties
This endorsement modifies the Auto Liability Coverage Document to which it is attached. This change is
effective on the' eption date of the Document unless another date is indicated below.
ng body has determined that it is in the Member's best interest for some or all of its
n use personal vehicles in performing official duties. In consideration of the
e Texas Association of Counties Risk Management Pool has agreed to pro
The Me
lawenfi
contribu
Notwithstanding y ot e
constab Ie or criminal inves .
vehicle is included in the
Auto Liability Coverage D
this coverage document, a sheriff, deputy sheriff, constable, deputy
red person when driving his or her personal vehicle, provided the
all vehicles for which Member has obtained coverage under the
the following is always true:
1. the sheriff, deputy sheriff, consta
performance of official duties on
stable or criminal investigator is using the vehicle in the
Member;
2. the use of the personal vehicle is with the
3. the use of the vehicle is within the scope of t
A sheriff, deputy sheriff, constable, deputy constable
driving his or her personal vehicle for any reason other th
Member.
is not a covered person when
jal business of the Named
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: ALILE/POV
Endorsement Effective Date:
Named Member:
Attached to and fonning part of Coverage Document Nwnber: AL
TAC-AL-LElPOV (01108)
Board Approved 08/29/07
Page: 1
p.$Soc
. '.
/ 1 TEXAS ASSOCIATION Of COUNTIES
\. / RISK MANAGEMENT POOL
Cou!<1"
Auto Liability Coverage For,
Page
Section 1- Liability Coverage.......
. .. .. . .. .. .. ,2
A.
B.
c.
Section II - Exc
... .........................................5
",.,.."...,..................."""".. ,..,.7
ons. . .. , , .. , . . .. . . , . . , , . . . . . . . . . . .. .. .. . .. .. . .. , , , , .. . , . . .. , 13
TAC RMP - AL (6-7-12)
Page 1 of 14
Board Approved 6-7-12
AUTO LIABILITY COVERAGE FORM
The Texas Association of Counties Risk Management Pool ("the Pool") exists to enable its members to
purchase coverage against liability claims. This is not a contract of insurance, but is a Document
. evidencing liability coverage pursuant to the provisions of Chapters 791 and 2259 of the Texas
Government Code and Chapter 119 of the Texas Local Government Code. Under this Document,
political subdivisions and other members create and contribute to the Pool as an al ernative to purchasing
insurance from commercial insurance markets. While this Document is not com . I insurance, the
Pool's Board of Directors has determined that certain first-party coverages m e offered herein for the
purpose of mitigating or reducing potential liability exposures to the Named mber.
Words and phrases that appear in bold-faced t e
DEFINITIONS
oliticai
w ds Pool and
nsible for paying
amed Member, has
ered for the amount of
d Remedies Code
aximum Limits of Liability
VARIOUS PROVISIONS IN THIS DOCUMENT RESTRICT COVERAGE. R
DOCUMENT CAREFULLY TO DETERMINE RIGHTS, DUTIES AND WHAT IS
COVERED.
Refer to SECTION V -
A.
to the ol's Limit of Liability, a covered person legally must pay
. . y or property damage to which this insurance applies,
ng from the ownership; maintenance or use of an auto.
and duty to defend any suit asking for such damages. However, the Pool
. s for bodily injury or property damage not covered by this
00 ay investigate and settle any claim or suit as the Pool considers
ool's duty to defend or settle ends when the applicable Limit of Liability has
payment of judgments or settlements. The Pool's right to defend inciudes
counsei to defend covered claims or suits.
B. WHO IS COVERED'
The following are covered persons:
1, The Named Member for any auto.
2, Anyone else while using an auto the Named Member owns, hires or borrows, but only if
that person is using the vehicle with the Named Member's permission; the use of the
TAC RMP - AL (6-7-12)
Page 2 of 14
Board Approved 6-7-12
vehicle is within the scope of the Named Member's permission: except that the following
are not covered persons:
a. The owner of an auto the Named Member hires or borrows from one of
the Named Member's officials, employees, or volunteers, or a member
of his or her household.
C. COVERAGE EXTENSIONS
b. Anyone using an auto while he or she is working in a business of selling,
servicing, repairing or parking autos unless that b iness is the Named
Member's.
c. Anyone other than the Named Member's
volunteers, while moving property to or 0
3,
To the extent that the Named Member's offic'
persons for a covered accident, the cover affor
individual liability of those persons, witho rd to t
from liability or suit for that accident.
ualify as covered
pplies to the
ember's, immunity
1.
. pay for the covered person:
a.
b.
f bail bonds (including bonds for related traffic law
se of an accident the Pool covers. The Pool does not
onds.
t of bo to reiease attachments in any suit the Pool defends, but only
nd amounts within the Pool's Limit of Liability.
Ie expenses incurred by the covered person at the Pool's request in
sis g the investigation or defense of a claim or suit, including actuai loss of
rnings up to $100 a day because of time off from work.
All costs taxed against the covered person in any suit the Pool defends.
f. Pre-judgment interest awarded against the covered person on that part of the
judgment the Pool pays. if the Pool makes an offer to pay the applicable limit of
coverage, the Pool will not pay any pre-judgment interest based on that period of
time after the offer.
g, All interest on the full amount of any judgment that accrues after entry of the
judgment in any suit the Pool defends; but the Pool's duty to pay interest ends
when the Pool has paid, offered to payor deposited in court the part of the
judgment that is within the Pool's Limit of Liability.
TAC RMP - AL (6-7-12)
Page 3 of 14
Board Approved 6-7-12
h, Expenses incurred by a covered person for first aid to others at the time of an
accident, for bodily injury to which this Document applies.
2, Out of State Coverage
a. If:
(1)
a covered person is using an auto with'
described in Condition S., below, but outside 0
, and
(2) the laws of that state, territory,
to maintain insurance with re
within its borders, and
(3) m, kind or amount
b. the Pool will:
(1)
ecified in the Declarations for this Auto
a r of either:
ied by the law of the state, territory or
to is being used, or
sing e limit of liability of one million dollars
1,000, 0) for all damages because of bodily injury and
p erty damage resulting from anyone accident, regardless
of tH ber of covered persons under this Document, the
num r of persons or organizations who sustain bodily injury or
erty damage, or the number of autos to which this
ocument applies.
Provide the minimum forms or kinds of coverages, such as no-fauit. as
ay be required and set forth by the laws by that state, territory or
province, but only to the extent required by such laws.
e increased amount of coverage afforded by this Coverage Extension shall be
In excess of any other valid and collectible insurance or coverage that may be
available to the covered person.
d. The Pool will not pay anyone more than once for the same elements of loss
because of these extensions.
TAC RMP - AL (6-7-12)
Page 4 of 14
Board Approved 6-7-12
SECTION II - EXCLUSIONS
The coverage afforded by this Document does not apply to any of the following:
A. EXPECTED OR INTENDED INJURY
Bodily Injury or property damage expected or intended from the standpoint of a covered
person.
B. CONTRACTUAL LIABILITY
Liability assumed under any contract or agreement, but this exclus'
for damages that the covered person would have in the absenc 0
C, WORKERS' COMPENSATION
Any obligation for which the covered person or the c
under any workers' compensation, disability benefit or
similar law. .
D, EMPLOYEE INDEMNIFICATION AND EM
Bodily Injury to:
1. An employee of a c
employment by the c
2, r of that employee as a consequence of
1, person may be Iiabie as an employer or in any other
share damages with or repay someone else who must pay
of the Injury.
E.
y f ow employee of a covered person arising out of and in the course of the
mployment.
F,
Property damage to property owned or transported by a covered person or in a covered
person's care, custody or control.
G, EMERGENCY MEDICAL SERVICE
With respect to damages resulting from the ownership, maintenance or use of emergency
medical service vehicles because of:
TAC RMP - AL (6-7-12)
Page 5 of 14
Board Approved 6-7-12
1, bodily injury resulting from the providing of or failure to provide medical services
or other professional services;
2. bodily injury resulting from the furnishing of or failure to furnish food or drink in
connection with such services; or
3, bodily injury or property damage resulting from the handling of corpses.
H, HANDLING OF PROPERTY
Bodily injury or property damage resulting from the handling of the p
1.
2. After it is moved from an auto to the place
covered person.
I. MOVEMENT OF PROPERTY BY MEC
Bodily injury or property damage
device (other than a hand truck) unl
J. OPERATIONS
Bodily injury or prop
paragraphs B.b. and B.c. 0
eration of any equipment listed in
quipment.
K. POLLUTION
out of the discharge, dispersal, release or escape of
e atm phere, any watercourse or body of water; but this
arge, dispersal, release, or escape is sudden and
solid, liquid, gaseous or thermal irritant or contaminant,
L.
roperty damage due to war, whether or not declared, or any act or condition
ar includes civil war, insurrection, rebellion or revoiution.
M, STATE RESPONSIBILITY
To any claim, liability, loss or accident, for which the State of Texas:
1, has the responsibility to payor indemnify; or
2. asserts a right to defend; or
TAC RMP - AL (6-7-12)
Page 6 of 14
Board Approved 6-7-12
3, asserts a right to adjust, handie or settie.
SECTION III - LIMITS OF LIABILITY
Regardless of the number of autos, covered persons, contributions paid, claims made or vehicles
involved in the accident, the Limits of Liability payable under this Document are as foilows:
A. Bodily Injury Liability Each Person
The limit of Liability shown in the Declarations for Bodiiy Injury Each
will pay for ail damages resulting from bodily injury to anyone pe
accident.
B. Bodily Injury Liability Each Accident
Subject to the limit for Bodily Injury Each Person, the
for Combined Bodily Injury Liability Each Accident is he
resulting from bodily injury caused by anyone . ent.
C. Property Damage Liability Each Accide
The Limit of Liability shown in the De
will pay for ail damages resulting fr
Ail bodily injury and property damage resul
the same conditions will be considered as resu
epeated exposure to substantiaily
nt.
A. APPLICATION
ocume ,the Named Member agrees that the statements in the
pplica n and De rations are the Named Member's agreements and representations, that
this Document is iss d in reliance upon the truth of such representations and that this
001' -Laws, the Interlocal Participation Agreement between the Named
00 , and the Pool's duly adopted underwriting standards and criteria embody
ting between the Named Member and the Pool or any of the Pool's agents
ument.
B.
NAL FAILURE TO DISCLOSE
It is agreed that the Named Member's failure to disclose ail hazards existing as of the inception
date of this Document shail not prejudice a covered person with respect to the coverage
afforded by this Document, if such failure or omission was not intentional,
TAG RMP - AL (6-7-12)
Page 7 of 14
Board Approved 6-7-12
C, COMPLIANCE WITH CONDITIONS
If any covered person breaches any condition or warranty of this Document, there shall be no
coverage, including any obiigation to defend, for any covered person as to the particular
accident or action in connection with which such breach occurred.
D. DELIVERY OF THIS DOCUMENT
E, CANCELLATION OR NON.RENEWAL
Delivery of this Document to the Named Member shall be considered deli
person, and the Named Member is authorized by each covered perso
the covered person's behalf.
1.
2. The Pool may, in the Pool's sole d'
Named Member's written reque
less than thirty (30) days' noti
3. Notice of cancellation by the
4.
a,
. utions, unless other provision for payment has been
n agreement between the Named Member and the Pool;
is an in ase in risk or hazard within the Named Member's control
would result in an increase in the rate or amount of contribution;
the obtaining of coverage;
I he Pool is placed in supervision, conservatorship, receivership and the
ncellation is approved or directed by the supervisor, conservator or receiver;
if the Named Member does not implement risk management techniques required
by the Pool during the initial coverage period, or if risk management techniques
do not result in the Named Member's attaining a risk level sufficient to meet the
Pool's underwriting criteria during the initial coverage period;
f, if the Interlocal Participation Agreement between the parties is terminated or the
Named Member withdraws or is expelled from the Pool;
TAC RMP - AL (6-7-12)
Page 8 of 14
Board Approved 6-7-12
g. for the Named Member's violation of any of the Named Member's other
obligations under the Pool's By-Laws or the Interlocal Participation Agreement
between the Named Member and the Pool.
5. If the Pool cancels this Document for nonpayment of contributions. termination of the
Interiocal Participation Agreement between the Pool and the Named Member. or the
Named Member's expulsion from the Pool, such cancellation shall be effective at
12:01 a.m. on the tenth (10th) day following the Pool's placement of the notice of
cancellation in the U.S. Mail. These Conditions do not waive or al any other applicable
provisions of the Pool's By-Laws or the Interlocal Participation ent between the
Named Member and the Pool.
F. RETAINED CONTRIBUTION PROPORTIONS
6, Notice of cancellation by the Pool may be given to the c n
the Named Member at the Named Member's address shown
1. If this Document is terminated by the Nam
customary short rate proportion of the contribution.
2, If this Document is terminated by
customary pro-rata proportion of
G. CHANGES
H.
and audit the Named Member's books and records as they relate to this
equired for the administration of the Pool.
I,
D LOSS CONTROL
1,
Make inspections and surveys at any time;
2.
Make risk management appraisals of the Named Member's operations, policies,
procedures, vehicles, personnel and/or facilities;
3,
Require the Named Member to implement and follow risk management procedures or
techniques established by the Pool to reduce risk sufficient to meet the Pool's
underwriting criteria. Any inspections, surveys, reports or requirements relate only to the
Named Member's eligibility for liability coverage and the contribution to be charged. The
TAG RMP - AI. (6-7-12)
Page g of 14
Board Approved 6-7-12
Pool does not make safety inspections. The Pool does not undertake to perform the
duty of any person or organization to provide for the health or safety of workers or the
public, nor does the Pool warrant that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or standards.
This condition applies not only to the Pool, but also to any rating, advisory
organization which makes Insurance inspections, surveys. reports or re
J. CONTRIBUTIONS
1,
the
2.
3,
The Named Member will b
Pool pays.
4,
nge in the number or value of autos
ed Member shall notify the Pool as
ge p nd the Pool may, at its discretion, adjust
in acc ~ance with the Pool's rates and rating plans,
ire tors. If the earned contribution thus computed
ibution , the Named Member shall pay the excess to the
fund or credit to the Named Member the unearned portion
K,
ER'S RIGHTS AND DUTIES UNDER THIS DOCUMENT
ember's rights and duties under this Document may not be transferred
ol's written consent, except in the case of death of an individual covered
d person dies, his rights and duties wiil be transferred to his legal
tive but only while acting within the scope of duties as his legal representative.
legal representative is appointed, anyone having proper temporary custody of
th overed person's property wiil have his rights and duties but only with respect to
that property.
L. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS
1. In the event of accident, claim, suit, or loss, the Named Member and any covered
person involved must give the Pool or the Pool's authorized representative prompt
notice of the accident or loss. Inciude:
a, How, when and where the accident or loss occurred;
TAC RMP - AL (6-7-12)
Page 10 of 14
Board Approved 6-7-12
b. The name and address of all covered persons involved: and
c. To the extent possible, the names and addresses of any injured persons and
witnesses.
If the Pool shows that failure to provide notice prejudices the Pool's defense, there is no
liability coverage for any covered person under this Document.
M.
a. Assume no obligation, make no payment or incur
consent, except at the covered person's own c
2, Additionally, the Named Member and any other covered perso
b. Immediately send the Pool copies of any demand, notice,
paper received concerning the claim or it.
c. Cooperate with the Pool in the inve
or suit.
3. No covered person will, without th
a,
b.
Waive, abridge, pre]
immunity, limitation 0
payable under this Do
rt any right of sovereign or official
e e to liability for amounts otherwise
4.
ay make regarding the applicability of this
r this cument, or the nature or extent of a claim or
he overed person agrees to provide any relevant
mit to e ination under oath at the Pool's request and give
of his or her answers, as often as the Pool may reasonably
against the Pool under this Document until:
II compliance with all the terms of this Document; and
t of the covered person's liability has been determined by a fully adversarial
a written agreement between the covered person, the claimant, and the Pool.
3. N ne has the right under this Document to bring the Pool into an action to determine a
covered person's liability.
N, TRANSFER OF RIGHTS OF RECOVERY AGAINST ANOTHER TO THE POOL
If any person or organization to or for whom the Pool makes payments under this Document has
rights to recover damages from another, those rights are transferred to the Pool. That person or
organization must do everything necessary to secure the Pool's rights and must do nothing after
an accident or loss to impair them.
TAG RMP - AL (6-7-12)
Page 11 of 14
Board Approved 6-7-12
O. BANKRUPTCY
Bankruptcy or insolvency of a covered person or the covered person's estate will not relieve
the Pool of any obligations under this Document.
P. CONCEALMENT, MISREPRESENTATION OR FRAUD
This Document is void in any case of fraud by a covered person relating
the Named Member intentionally conceals or misrepresents a material f
covered by this Document.
it. It is also void if
cerning the risks
Q, LIBERALIZATION
If the Pool changes this Document to provide more coverage without ad
charge, the additional coverage will be effective as of th ay indicated in th
notice of change to the Named Member.
R. OTHER COVERAGE OR INSURANCE
1. For any auto the Named Member
coverage. For any covered aut
provided by this Document is
while an auto which is a tra'
Document provides for the
a.
cie the Named Member does not
b,
vered auto the Named Member owns.
2.
any ot overage form or policy provides coverage on the
rimary, the Pool will pay oniy the Pool's share. The
the Limit of Liability of this Document bears to the
rage forms and policies covering on the same basis.
S.
erage Period shown in the Deciarations; and
2. coverage territory.
1, The United States of America;
2, The territories and possessions of the United States of America;
3. Puerto Rico; and
4. Canada.
TAC RMP - At. (6-7-12)
Page 12 of 14
Board Approved 6-7-12
T, TWO OR MORE COVERAGE DOCUMENTS ISSUED BY THE POOL
If this Document and any other coverage document issued to the Named Member by the Pool
apply to the same accident, the aggregate maximum limit of liability under all such coverage
documents shall not exceed the highest applicable limit of liability under anyone coverage
document. This condition does not apply to any coverage document issued by the Pool
specifically to apply as excess insurance over this Document.
B. Auto means a land motor vehicle, trailer or semitrail r
(including any machinery or apparatus attached thereto),
equipment.
SECTION V - DEFINITIONS
The following definitions shall apply wherever used in this Document.
A.
Accident includes continuous or repeated exposure to the same conditio
injury or properly damage,
i1y
C, Bodily injury means bodily injury, sick
resulting from any of these.
D.
Covered person means any person
Is Covered provision of this Docume
afforded applies separately to each co r
claim or suit is brought.
Iifying as a covered person in the Who
c 0 the Limit of Liability, the coverage
seeking coverage or against whom a
E. this eement for auto liability coverage between
the eclarations, this Auto Liability Coverage Form,
e Named Member by the Pool.
F. Loss means d
G. following types of land vehicles, including any attached
machinery, forklifts and other vehicles designed for use principally off
Vehicles aintained for use solely on or next to premises other than roads or streets, the
Named ember owns or rents. However, any land motor vehicle, trailer or semi-trailer
. 5 for travel on public roads (including any machinery or apparatus attached
th to) owned or leased by the Named Member is deemed an auto and not mobile
equipment if the only reason for considering it mobile equipment is that it is maintained
for use exclusively on streets or highways owned by the Named Member.
3, Vehicles that travel on crawler treads;
4, Vehicles, whether self-propelled or not, maintained primarily to provide mobility to
permanently mounted:
a, Power cranes, shovels, loaders, diggers or drills; or
TAC RMP - Al (6-7-12)
Page 13 of 14
Board Approved 6-7-12
b, Road construction or resurfacing equipment such as graders, scrapers or rollers.
5. Vehicles not described in paragraphs 1,2, 3. or 4 above that are not seif-propelled and
are maintained primarily to provide mobiiity to permanently attached equipment of the
following types:
a. Air compressors, pumps and generators, including spraying, weiding, building
cleaning, geophysical exploration, lighting and well servici equipment; or
H.
6. Vehicles not described in paragraphs 1, 2, 3, or 4 above
purposes other than the transportation of persons or cargo. H
vehicles with the following types of permanently attached equipm
equipment but will be considered autos:
b. Cherry pickers and similar devices used to raise or 10
a, Equipment designed primarily for:
(1) Snow removal;
(2)
(3)
b.
d n automobile or truck chassis and
c.
s, including spraying, weiding, building
ghting or well servicing equipment.
I.
age to or loss of use of tangible property.
J,
eding i hich damages because of personal injury or property
Document applies are alleged. Suit includes an arbitration proceeding
to which the Named Member must submit or submit with the Pool's
K.
person who is neither an official nor an employee of the Named Member,
some act or service on behalf of the Named Member. at the Named
st, within the scope of that request. Volunteer does not include independent
TAC RMP - AL (6-7-12)
Page 14 of 14
Board Approved 6-7-12
~ssoc
. '.
t ~~ TEXAS ASSOCIATION Of COUNTIES
*~ / RISK MANAGEMENT POOL
Cou~-t:'\
AUTOMOBILE PHYSICAL DAMAGE
COVERAGE DOCUMENT
Table of Contents
Page
/::.-.
SECTION I - COVERED AUTOS ...,...~.,~{.......,.. c~.... ..................,..................... 2
A D 't. f d . t ~'" 2
. escnp Ion 0 covere~!lu ........,;.':>'..........................................
drlr"'."~fif~; ~.
B, Autos acquired afttr the cove rag ticument begins ........................, 2
W'L ~
SECTION 11- PHYSICA~4B~M~E,COVE~GE........,..,.........................,....................... 2
"'11, "'''1~~~#''
A, Coverag, "."M;~.,"..",..~::,:.,'" ",.."".. """..""" ,.."""..".,."".'", '" .." """.." ,2
c, "
B, . "" /I::""""..,..""", ,."""" ""'" ,. ,.", ,..""", """.3
..",.,.."..",.."""""""..."""""."",..""",".""""..""",4
INESS AUTO CONDITIONS ....................................,...,................,..4
A, Lo 's Conditions ,.......,.......................................,.....,..................4
B, General Conditions ...........................,......................................... 6
SECTION IV - DEFINITIONS ...,.".."....,...,.....,.."..,..,......,..""...........,..,'.,...........,..,.....,..... 7
TAC RMP -APD (1-1-08)
Board Approved 8-29.07
AUTOMOBILE PHYSICAL DAMAGE FORM
Words and phrases that appear in bold face have special meaning. Refer to SECTION IV-DEFINITIONS
SECTION I - COVERED AUTOS
A, DESCRIPTION OF COVERED AUTOS
Only those autos described in the schedule of vehicles for which a contribution 9h~Qe is shown
are covered by this Coverage Document. "-
"""". fV~~~
8, AUTOS ACQUIRED AFTER THE COVERAGE DOCUMENT BEGINS i';;':;9if~~~L~~\f1'~",
:,,~--~,,~~~,;~~
An auto acquired after the Coverag.e Docum~nt begins will be a c"E!~d'~uto f6f~~ '
coverage(s) shown on the Declarations, only If: ~. '" .~
" We
.'" erage it!f if replaces
.,Jy
r acquires the auto
(b)
,
:f'
4t~h
SECTION II - PH'YSf'
t..
tJ,f't,",f!r;"",
RAGE
1.
The Pool already covers all autos owned by the Me
an auto previously owned that had that coverage; a
2.
The Member notifies the Pool in writing within 30 days.
of its desire to cover it for that coverage. \.
A. COVERAGE
1.
The Pool will pay for loss t
AI\;.
"-1" ~-
(a) ComprehensiVe Cover
.{.~rr
Th ,
T ec
covered auto, or iis equipment under:
~~
,~
rom a~.;tause except:
1"
.J:"%" (1)
,- ""(2)
fil.
~\.~'!!i~~~~~.ka - Hitting a Bird or Animal - Falling Objects or Missiles
TA,?po$,11I pay for the following under Comprehensive Coverage:
"i..~
'"
(a) Glass breakage;
(b) Loss caused by hitting a bird or animal; and
(c) Loss caused by falling objects or missiles.
overed auto's collision with another object; or
overed auto's overturn.
4'
~r
However, the Member has the option of having glass breakage caused by a collision to be
reimbursed under the auto's Collision Coverage.
TAC RMP - APD (1-1-08)
Board Approved 8-29<l7
-2-
3. Coverage Extension. The Pool will also pay up to $20 per day to a maximum of $600 for
transportation expense incurred by the Member because of the total theft of a covered auto
of the private passenger type. The Pool will pay only for those covered autos for which the
Member carries Comprehensive Coverage. The Pool will pay for transportation expenses
incurred during the period beginning 48 hours after the theft and ending when the covered
auto is returned to use or the Pool has paid for its loss.
B, EXCLUSIONS
(1) The explosion of any weapon employing atomic
(2) Nuclear reaction or radiation, or radioactive con
"~t:.c_
\:+.
'%'";.,
. -~7'
uSlon; or~b"
. owever caDsed.
.. t" f>'
~
A'"
,
1. The Pool will not pay for loss caused by or resulting from any of the following'
~
excluded regardless of any other cause or event that contributes concurrently
sequence to the loss.
(a) Nuclear Hazard
(b) War or Military Action
(1)
(2)
(3)
2.
(a) The Pooi will not pay fo
'"""
r.c!#"'<h
(1 ) Tape. licks o.[oth
In, vered ~q.to. ,
Tapes 9r1Cls,"6'r otl&er sound reproducing devices designed for use with sound
quipmE!Wt.
.\jdl'pment designed for use as a citizen's band radio, two-way
ephone or scanning monitor receiver, including its antennas and
ot~ accesso, s, unless permanently installed in the dash or console opening
mally used by the auto manufacturer for the installation of a radio.
any custom furnishing or equipment in or upon any pickup, panel truck,
'otorhome.
ss to any of {he f iowing:
r, .IilJduCing equipment unless permanently installed
ustom furnishing or equipment include but are not limited to:
special carpeting and insulation, furniture, bars or television receivers;
facilities for cooking and sleeping;
height-extending roofs; or
custom murals, paintings or other decals or graphics.
This exclusion does not apply if the value of the custom furnishing or equipment
has been reported to the Pool prior to a loss and included in the contribution
for this coverage.
TAC RMP-APD (1-1-08)
Board Approved 8-29-07
-3-
(5) When in or upon any motorhome, or trailer, loss to:
a. TV antennas;
b. awnings or cabanas; or
c. equipment designed to create additional living facilities.
(6) Loss to any device or instrument used for detection of radar or other speed
measuring equipment.
1.
(b) The Pool will not pay for loss caused by or resulting from any of the foliowing unless
caused by other loss that is covered: ,A~""
'-4;,
(1) Wear and tear, freezing, mechanical or electrical breakdown; "'t""
(2) Blowouts. punctures or other road damage to tires. (4f~~~~~;j';iJ!t~",
~,
"",
'~"K.""-!.
\)1"
;%
f'
,:!i~q>nhe loss; or
"'i~,i;;'.
iii, other property of like
The actual cash value of the damaged or stolen prop
C, LIMIT OF COVERAGE
The most the Pool will pay for loss in anyone accident is ,
2.
The cost of repairing or replacing the dam
kind and quality.;
D, DEDUCTIBLE
For each covered auto, the Pool'sli\b~;;i6n to p <Dr, rep~;:' return or replace damaged or stolen
~.., "
property will be redu~ed by the "plicable deduc\ible ~.\l!tfwn in the Declarations, except, applicable
deductible will be waived If Men! ' r elects to reP.!llr rather than replace damaged glass.
J
SE~TION
<" "p-_l\'-'..\ ~j
.
A. LOSS CONDJ;r,~~", AI
1. AP, L ~~R PHY IF 1if'."DAMAGE LOSS
:Il, ' ,
,,~P4I'tt.J$l Mem '.a' ,and the Pool disagree on the amount of loss, either may demand an appraisal
, of the loss, ~~event each party will select a competent appraiser. The two appraisers will
p8\~nt and impartial umpire. The appraisers will state separately the actual cash
mount of loss. If they fail to agree, they will submit their differences to the umpire.
A decisio greed to by any two will be binding. Each party will:
(a~its chosen appraiser; and
(b) Bear the other expenses of the appraisal and umpire equally.
If the Pool submits to an appraisal, the Pool will still retain its right to deny this claim.
TAC RMP - APD (1-1-08)
Board Approved 8-29-07
-4 -
2. DUTIES IN THE EVENT OF ACCIDENT OR LOSS
(a) In the event of accident or loss, the Member must give the Pool or the Pool's authorized
representative prompt notice of the accident or loss. Include:
(1) How, when and where the accident or loss occurred;
(2) The Member's name and address; and
,,-f"
IS-i
(3) To the extent possible, the names and addresses of any witnesses."<;^"^
~c
<01,
~c,
(b) Additionally, the Member must:
'h
(1) Assume no obligation, make no payments or incur ng.ense 0lthout the Pool's
=- ""'.
consent, except at the Member's own COSt.e '<'s
< ~i(,\_ i '%'~~
(2) Cooperate with the Pool in the investigation of the c1~,m,r
(c) If there is loss to a covered auto or its equipmen st~f)'l' do the following:
(1) Promptly notify the police if the c
(2)
Take all reasonable steps t _"
Also keep a record of exp for cot"
ih- <.
Permit the Pool tOJn1P~"hhe co
repair or disposi . ^ n.
uto rom further damage.
the settlement of the claim.
(3)
(4) Agree to el'amin
/.t,,+1~_
stateme,~t of the
/'
dN~l
3. LEGAL ACTAt1~~ GAl
gainst the Pool under this Coverage Document until there
II the terms of this Coverage Document.
so, the Pool may:
, repair or replace damaged or stolen property.
'the stolen property at the Pool's expense. The Pool will pay for any damage that
to the auto from the theft; or
e all or any part of the damaged or stolen property at an agreed or appraised value.
5. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO THE POOL
If any person or organization to or for whom the Pool makes payment under this Coverage
Document has rights to recover damages from another, those rights are transferred to the
Pool. That person or organization must do everything necessary to secure the Pool's rights
and must do nothing after accident or loss to impair them.
TAC RMP-APD (1-1-08)
Board Approved 8-29-07
-5-
B. GENERAL CONDITIONS
1. CONCEALMENT, MISREPRESENTATION OR FRAUD
This Coverage Document is void in any case of fraud by the Member relating to it. It is also
void if the Member intentionally conceals or misrepresents a material fact concerning:
(a) This Coverage Document;
(b) The covered auto; or
(c) The Member's interest in the covered auto.
4.
OTHER INSURANCE
,
,..:'1:~,~_
~ ",!~
'~'~L
. hout additi0!)al
- - - _ "4
.ej\hJ~lJ;,
F.t"~~~-'i1J;-;J~I'_
2. LIBERALIZATION
If the Pool revises this Coverage Document to provide more coverag
contribution charge, the Member's Coverage Document will automa
additional coverage as of the day the revision is effective.
3. NO BENEFIT TO BAILEE-PHYSICAL DAMAGE COVERA
;;
The Pool will not recognize any assignment or grant a .
person or organization holding, storing or transporting
other provisions of this Coverage Document.
5.
~;'
~
When this Coverage Document apd"''' other eo . '.ocument or policy covers on the
~ame basis, ~ither excess .or. pr~~l"ry, t. I Wi;1'~~~,~PIY the Pool's share. The Pool's share
]s the proportion that the L]~tf'flf1fiswranc e Poogs' Coverage Document bears to the
total of the limits of all the y;~verage Documgrnll policies covering on the same basis.
i1ll 1
AGREEMENT PERIOD, C'1'ERAGE TER \ m:>RY
~cfi'-fr.f1":q,. .
Under this Covefage Docum
,0. \t~
(a) During th eem!i'J'l't,period s
(b) Withi the . territo~ll,
ifj,.i;
.4'
Y"
I covers accidents and losses occurring:
n in the Declarations; and
a'
,
- not to exceed 25 miles from the U.S. border.
T~I~ISO covers loss to, or accidents involving, a covered auto while being transported
be~en any of these places.
6. REPORTING PROVISION
Prior to each Anniversary Adjustment Date, the Member agrees to furnish the Pool with an
updated vehicle schedule. The schedule shall include a current listing of autos which are to be
covered under the Coverage Document as of the upcoming Anniversary Adjustment Date,
The vehicle schedule shall be the basis for coverage for the upcoming agreement period and
shall become a part of the Coverage Document. Additionally, the contribution for the
upcoming agreement period shall be calculated using the updated vehicle schedule and rates
in effect at the beginning of the agreement period.
TAC RMP -APD (1-1-08)
Board Approved 8-29-07
-6-
7. CANCELLATION
The Member may cancel this Agreement by notice to the Pool; upon surrender of the
Coverage Document the Pool shall refund short rate unearned paid contributions, The Pool
may cancel this Agreement by giving the Member sixty days written notice; such notice shall
state the pro rata unearned paid contribution, and if not tendered, will be refunded on demand.
A.
SECTION IV - DEFINITIONS ~
f'&~~i;
Accident includes continuous or repeated exposure to the same conditions resulting Wi"" loss or
damage. -4Z"'~::::~, . 'i;"~~~.
{~fi;\~~~~lf~~,
Agreement means the Interlocal Agreement executed between theEJ1>.91 andlh!" Member;'"'=
designating those coverages and deductibles elected by the Me~r, ahd incol'" ing the various
Coverage Documents, the Declarations of Coverage, and an ,- ndm\lilts to sa nt~rlocal
Agreement. '.', .
, i!,
Anniversary Adjustment Date means the date shown 0 at wj}iCh time the
Member must submit an updated vehicle schedule and pa tf;.bution amount to the
Pool based upon the updated schedule.
B.
C.
D.
Auto means a land motor vehicle, trailer or s€ml- ,
not include mobile equipment. .<If
I '
vel on public roads but does
E.
&
Contribution means the amount ~~dlqM,~he ' ber t;:;'~OOI for this coverage.
J/ r
Coverage Document means t's Texas Associatl {.Counties Risk Management Pool
Automobile Physical Damage gram Coverag,e D9 ment that sets forth in detail the exact
coverage provided und~ji;ihe A ement and vJj1ich may be incorporated therein by reference, as
amended from time to Jine'7- J
.4'
'\, }"
a idkffl"lloss or damage.
, bdiyj,!n within the State of Texas which is a present participant in
F.
G.
Loss means dire.
H.
I.
means any of the following types of land vehicles, including any attached
ent:
machinery, forklifts and other vehicles designated for use principally off public
roads;
i;. "
2. Ve~~aintained for use solely on or next to premises you own or rent;
3. Vehicles that travel on crawler treads;
4. Vehicles whether self-propelled or not, maintained primarily to provide mobility to permanently
mounted:
(a) Power cranes, shovels, loaders. diggers or drills; or
(b) Road construction or resurfacing equipment such as graders, scrapers or rollers.
TAC RMP-APD(1-1-06)
Board Approved 6-29.07
-7 -
5. Vehicles not described in paragraph 1,2, 3, or 4 above that are not self-propelled and are
maintained primarily to provide mobility to permanently atlached equipment of the following types:
(a) Air compressors, pumps and generators, including spraying, welding, building cleaning,
geophysical exploration, lighting and well servicing equipment; or
(b) Cherry pickers and similar devices used to raise or lower workers.
6. Vehicles not described in paragraph 1, 2, 3, or 4 above maintained primarily for purposes other
than the transportation of persons or cargo. However, self-propelled vehicles with the following
types of permanently attached equipment are not mobile equipment but will be considered autos:
(a) Equipment designed primarily for:
( 1 ) Snow removal;
(2) Road maintenance, but not construction or resurfacing; or
(3) Street cleaning.
~"
~lt"-...F
;'tF
l
,"
~ .{~'
~j""
,
TAC RMP-APD(1-1-08)
Board Approved 8-29.07
- 8-
to,SSO(;>
~ ~
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. 0
,., .
* *
TEXAS ASSOCIATION Of COUNTIES
RISK MANAGEMENT POOL
THEFT, DISAPPEARA
CRIME COVERAGE DOCUME
TABLE OF CONTENTS
Page
GENERAL PROViSiONS........................... ........... .....
.............................2
A. General Exclusions.......................... .........
B. General Conditions......................
..............................................................2
C. General Definitions.......................... ...
......................................................7
COMMON COVERAGE DOCU
...............................................................9
COVERAGE FORM 0) ...............................11
FORGERY OR AL TE
MON
(COV
N COVERAGE FORM (COVERAGE FORM C)..........16
RAGE FORM (COVERAGE FORM D) ...............................19
TERFEIT PAPER CURRENCY COVERAGE FORM .............................23
TAC RMP-CRIME (3-1-12)
Board Approved 12-1-11
I
CRIME GENERAL PROVISIONS
Various provisions in this COVERAGE DOCUMENT restrict coverage. Read the entire COVERAGE
DOCUMENT carefuily to determine rights, duties and what is or is not covered.
Words and phrases in quotation marks are defined in the COVERAGE DOCUMENT.
Unless stated otherwise in any Crime Coverage Form, DECLARATIONS or endorsement, the foilowing
General Exclusions, Generai Conditions and General Definitions apply to all Crime Coverage Forms
forming part of this COVERAGE DOCUMENT.
The POOL will not pay for loss as specified below:
A. GENERAL EXCLUSIONS
1. Governmental Action: Loss resulting from
governmental authority.
2. Indirect Loss: Loss that is an indirect res
COVERAGE DOCUMENT including, but not limit
a. The MEMBER'S inability
realized had there been
b. Payment of damag
the POOL will pay
hereunder.
c. expe es the MEMBER incurs in establishing
ss hereunder.
3.
4.
Nucle
conta
nuclear reaction, nuciear radiation or radioactive
r incident.
Loss resulting from war, whether or not deciared, warlike
on or revolution, or any reiated act or incident.
B,
If through consolidation or merger with, or purchase of assets of,
a. Any additionai persons become "employees"; or
b. The MEMBER acquires the use and control of any additional "premises";
any coverage afforded for "employees" or "premises" also applies to those additional
"employees" and "premises", but only if the MEMBER:
a. Gives the POOL written notice within thirty (30) days thereafter; and
b. Pays the POOL an additional CONTRIBUTION.
TAC RMP-CRIME (3-1-12) 2
Board Approved 12-1-11
2. Coverage Extensions: Unless stated otherwise in the COVERAGE DOCUMENT, the
POOL'S liability under any Coverage Extension is part of, not in addition to, the Limit of
Coverage applying to the Coverage or Coverage Section.
3. Discovery Period for Loss: The POOL will pay only for covered loss discovered no later
than one year from the end of the poilcy period.
4. Duties in the Event of Loss: After the MEMBER discovers a
result in loss of, or loss from damage to, Covered Property
a. Notify the POOL as soon as possible;
b. Submit to examination under oath at 0
statement of the MEMBER'S answers'
c.
d.
e. Aid in pursuing recov
5. Joint MEMBER
a.
e DECLARATIONS, the first named
r eve other MEMBER for all purposes of this
ed R ceases to be covered, then the next
e the st named MEMBER.
b.
that MEMBER has knowledge of any information
that knowledge is considered knowledge of every
ny MEMBER Is considered to be an "employee" of every
COVERAGE DOCUMENT or any of its coverage forms is cancelled or
as to any MEMBER, loss sustained by that MEMBER is covered only
dls vered no later than one year from the date of that cancellation or
mination.
he POOL will not pay more for loss sustained by more than one MEMBER than
the amount the POOL would pay If all the loss had been sustained by one
MEMBER.
6. Legal Action Against The POOL: The MEMBER may not bring any legal action against
the POOL involving loss:
a. Unless the MEMBER has compiled with all the terms of this COVERAGE
DOCUMENT; and
b. Until 90 days after the MEMBER has filed proof of loss with the POOL; and
c. Unless brought within 2 years from the date the MEMBER discovers the loss.
T AC RMP - CRIME (3-]-]2) 3
Board Approved 12-1-11
7. Loss Covered Under More Than One Coverage Form of This COVERAGE DOCUMENT:
If two or more Coverage Forms of this COVERAGE DOCUMENT apply to the same loss,
the POOL will pay the lesser of:
a. The actual amount of loss; or
b. The sum of the limits of COVERAGE applicable to those Coverage Forms.
8. Loss Sustained During Prior Coverage or Insurance
a. If the MEMBER, or any predecessor in interest, sustaine
of any prior coverage or insurance that the MEMBE
interest could have recovered under that coverage
time within which to discover loss had expired, the
coverage, provided;
(1)
This coverage became effective at the time of c
of the prior coverage; and
ination
(2)
b. The coverage under this
Coverage applying to t
recoverable under:
(1)
(2)
it remained in effect.
9.
or Coverage or Insurance Issued by The
a.
ancelled or terminated coverage or insurance that the POOL
issued to the MEMBER or any predecessor in interest;
OOL will pay is the larger of the amount recoverable under this coverage
ge or insurance.
ss of the number of years this coverage remains in force or the number of
C TRIBUTIONS paid, no Limit of Coverage cumulates from year to year or period to
period.
11. Other Coverage, Bonds or Insurance
This coverage does not apply to loss recoverable or recovered under other coverage,
bonds, insurance or indemnity. However, if the limit of the other coverage, bonds,
insurance or indemnity is insufficient to cover the entire amount of the loss, this coverage
will apply to that part of the loss, other than that falling within any Deductible Amount, not
recoverable or recovered under the other coverage, bonds, insurance or indemnity, but
not for more than the Limit of Coverage.
TAC RMP-CRIME (3-j-j2) 4
Board Approved 12-1~11
12. Ownership of Property; Interest Covered:
The property covered hereunder is limited to property:
a. That the MEMBER owns or holds; or
b. For which the MEMBER would be legally liable for monetary damages in the
event of loss or destruction.
However, this coverage is for the MEMBER'S benefit only. It provides no rights or
benefits to any other person or organization.
13. Agreement Period
a. The Agreement Period Is shown in the DECLAR
b.
14. Records
The MEMBER must keep recor
amount of any loss.
15. Recoveries
a.
them, made after settlement of loss
ollows:
(1)
EMBER is reimbursed for any loss that the
exceeds the Limit of Coverage and the
until the POOL is reimbursed for the settlement
e MEMBER, until the MEMBER is reimbursed for that part of
equal to the Deductible Amount, if any.
. s do not include any recovery;
From insurance, suretyship, reinsurance, security or indemnity taken for
the POOL'S benefit; or
Of original "securities" after duplicates of them have been issued.
16. Territory: This coverage covers only acts committed or events occurring within the
United States of America.
17. Transfer of The MEMBER'S Rights of Recovery Against Others to The POOL: The
MEMBER must transfer to the POOL all the MEMBER'S rights of recovery against any
person or organization for any loss the MEMBER sustained and for which the POOL has
paid or sellled. The MEMBER must also do everything necessary to secure those rights
and do nothing after loss to impair them.
TAC RMP-CRtME (3-1-12)
Board Approved 12-1-11
5
18. Valuation - Settlement
a. Subject to the applicable Limit of Coverage provision, the POOL will pay for:
(1) Loss of "money" but only up to and including its face value. The POOL
may, at the POOL'S option, pay for loss of "money" issued by any
country other than the United States of America:
(a) At face value in the "money" issued by that country; or
(b) In the United States of America dollar eq 'valent on the day the
loss was discovered.
(2) Loss of "securitie' ut only u to and including
their value at the close of
business on the day the 10 The
POOL may. at the POOL'S option:
(a) Pay the value of su
which event the
MEMBER'S rights, title a
(b) equired in connection
.. ". However, the POOL
so much of the cost of the
bond having a penalty not
Ities" at the close of business on the
discovered; or
loss m damage to, "property other than money and
loss from damage to the "premises" for not more than the:
Actu cash value of the property on the day the loss was
. overed;
Cost of repairing the property or "premises"; or
Cost of replacing the property with property of like kind and
quality.
The POOL may, at the POOL'S option pay the actual cash value of the
property or repair or replace it.
If the POOL cannot agree with the MEMBER upon the actual cash value
or the cost of repair or replacement, the value or cost will be determined
by arbitration.
b. The POOL may, at the POOL'S option pay for loss of, or loss from damage to,
property other than "money":
(1)
In the "money" of the country in which the loss occurred; or
TACRMP-CRtME (3-1-12)
Board Approved 12~1-11
6
(2) In the United States of America dollar equivalent of the "money" of the
country in which the ioss occurred determined by the rate of exchange
on the day the loss was discovered.
c. Any property that the POOL pays for or replaces becomes the POOL'S property.
d. In the event arbitration is utilized, each party will select a competent and impartiai
arbitrator. The two arbitrators will select an umpire. If they cannot agree for 15
days upon such umpire, either may request that selection be made by a judge of
a court having jurisdiction. The arbitrators will state separately the value of the
property and amount of loss. If they fail to agree, they will ubmit their difference
to the umpire. A decision agreed to by any two will be b' Each party will:
C. GENERAL DEFINITIONS
(1) Pay its chosen arbitrator; and
(2)
If the POOL submits to an arbitration, t
the claim.
1. "Employee" means:
a.
b. Any natural person:
(1)
and for 30 days after termination of
(2)
pensates directly by salary, wages or
c.
employed by an employment contractor while that person is
to the MBER'S direction and control and performing services for the
M BER excluding, however, any such person while having care and custody of
prop y outside the "premises".
does not mean any:
ent, broker, factor, commission merchant, consignee, independent contractor
or representative of the same general character; or
b. Director, officer or trustee except while performing acts coming within the scope
of the usual duties of an "employee".
2. "Money" means:
a. Currency, coins and bank notes in current use and having a face value; and
b. Travelers checks, register checks and money orders held for sale to the public.
TAC RMP-CRlME (3-]-12) 7
Board Approved 12-1-11
3. "Property Other Than Money and Securities" means any tangibie property other than
"m9ney" and "securities" that has intrinsic value but does not include any property listed
in any Coverage Form as Property Not Covered.
4. "Securities" means negotiable and non-negotiable instruments or contracts representing
either "money" or other property and inciudes:
a. Tokens, tickets, revenue and other stamps (whether represented by actual
stamps or unused value in a meter) in current use; and
b. Evidences of debt issued in connection with credit or charge cards, which cards
are not issued by the MEMBER;
but does not include "money".
TAC RMP-CRIME (3-1-12)
Board Approved 12-1-11
8
COMMON COVERAGE DOCUMENT CONDITIONS
All Coverage Forms included in this COVERAGE DOCUMENT are subject to the following conditions.
A. CANCELLATION
B.
1. The MEMBER shown in the DECLARATIONS may cancel this
by mailing or delivering to the POOL advance written notice 0
2.
The POOL may cancel this COVERAGE DOCUMENT.
MEMBER written notice of cancellation at ieast:
g to the
a. 10 days before the effective date of
nonpayment of CONTRIBUTION; or
b. 60 days before the effective date of ca
other reason;
3. The POOL will mail or deliver ou
the POOL.
4.
Notice of cancellation will st
will end on that date.
The Agreement period
5.
celie , the POOL will send the first Named
the POOL cancels, the refund will be pro
efund y be less than pro rata. The cancellation will
t m ~e or offered a refund.
6.
UME ontains all the agreements between the MEMBER and the
e covera e afforded. The MEMBER shown in the DECLARATIONS is
nges in the terms of this COVERAGE DOCUMENT only with the POOL'S
GE DOCUMENT's terms can be amended or waived only by
the POOL and made a part of this COVERAGE DOCUMENT.
C,
THE MEMBER'S BOOKS AND RECORDS
The POO ay examine and audit the MEMBER'S books and records as they relate to this
COVERAGE DOCUMENT at any time during the AGREEMENT period and up to three years
afterward.
D, INSPECTIONS AND SURVEYS
The POOL has the right but is not obligated to:
1. Make inspections and surveys at any time;
2. Give the MEMBER reports on the conditions the POOL finds; and
T AC RMP - CRIME (3-1-12)
Board Approved 12-1-11
9
3. Recommend changes.
Any inspections, surveys, reports or recommendations relate only to insurability and the
CONTRIBUTION to be charged. The POOL does not make safety inspections. The POOL does
not undertake to perform the duty of any person or organization to provide for the heaith or safety
of workers or the public. And the POOL does not warrant that conditions:
1. Are safe or healthful; or
2. Comply with laws, reguiations, codes or standards.
E. CONTRIBUTIONS
This condition applies not only to the POOL, its contractors, agents a surers, but also to
any rating, advisory, rate service or similar organization which m s insurance inspections,
surveys, reports or recommendations.
The MEMBER shown in the DECLARATIONS:
1. Is responsibie for the payment of all CO NT
2. Will be the payee for any return of CO
F.
TRANSFER OF THE MEMBER'S
DOCUMENT
THIS COVERAGE
The MEMBER'S rights and duties
without the POOL'S written consent:
GE DOCUMENT may not be transferred
TAC RMP-CRlME (3-1-12)
Board Approved 12~1-11
10
PUBLIC EMPLOYEE DISHONESTY COVERAGE FORM
(COVERAGE FORM O-PER LOSS)
A, COVERAGE
B. LIMIT OF COVERAG
Failure of any "employee" to faithfully pe
law, when such failure has . ect
MEMBER'S Covered Prop inabili
because of a criminal ac person
ulting directly from
The POOL will pay for loss of, and loss from damage to Covered Prop
the Covered Cause of Loss.
1. Covered Property: "Money, securities," and "property ot
2. Covered Cause of Loss:
a. "Employee dishonesty"
b.
ie as prescribed by
suit a loss of the
aith perform those duties
an an Ilemployeerr.
3. Coverage Extension and Li
ry' The POOL will pay for loss caused
territory specified in the Territory
ays.
ne "occurrence" is the applicable Limit of Coverage
C,
or loss in anyone "occurrence" unless the amount of loss
eductibl Amount shown in the DECLARATIONS. The POOL will then pay
loss in excess of the Deductible Amount, up to the Limit of Coverage.
ve the POOL notice as soon as possible of any loss of the type covered under
his Coverage Form even though it falls entirely within the Deductible Amount.
b. Upon the POOL'S request, give the POOL a statement describing the loss.
D. ADDITIONAL EXCLUSIONS, CONDITIONS AND DEFINITIONS:
In addition to the Provisions In the Crime General Provisions Form, this Coverage Form is subject
to the following:
1. Additional Exclusions: The POOL will not pay for loss or damages as specified below:
TAC RMP-CRIME(3-]-]2)
Board Approved 12-1-11
11
a. Employee Cancelled Under Prior Coverage or Insurance: loss caused by any
"employee" for whom similar prior coverage or insurance has been cancelled and
not reinstated since the last such cancellation.
b.
Inventory Shortages: loss, or that part of any loss, th
existence or amount is dependent upon:
of which as to its
(1) An inventory computation; or
(2) A profit and loss computation.
c. Damages: damages for which the
(1)
The deprivation or
"employee"; or
person by an
(2)
d.
Depository Failure:
depository for the M
responsi e.
t failure of any entity acting as a
property for which the MEMBER is
e.
s s: Lo caused by employee or MEMBER conduct or
iola on of any state or federal law, regulation, rule or
er or mon law duty and results in actual, alleged or
, release or escape of pollutants including any loss, cost or
y governmental direction or request that the member
p, remove, contain, treat, detoxify or neutralize pollutants.
urance is cancelled as to any "employee":
Immediately upon discovery by the MEMBER or any official or employee
authorized to manage, govern or control the MEMBER'S employees, of
any act on the part of an "employee" whether before or after becoming
employed by the POOL which would constitute a loss covered under the
terms of this Coverage Form.
(2) On the date specified in a notice mailed to the MEMBER. That date wiil
be at least 60 days after the date of mailing.
The mailing of notice to the MEMBER at the last mailing address known to the POOL wiil
be sufficient proof of notice. Delivery of notice is the same as mailing.
TAC RMP-CRIME (3-1-12)
Board Approved 12-1-11
12
b. Sole Benefit: This coverage is for the MEMBER'S sole benefit. No legal
proceeding of any kind to recover on account of loss under this coverage may be
brought by anyone other than the MEMBER.
c. Indemnification: The POOL will indemnify any of the MEMBER'S officials who
are required by law to give bonds for the faithful performance of their service
against loss through the failure of any "employee" under the supervision of that
official to faithfully perform his or her duties as prescribed by law, when such
failure has as its direct and immediate result a loss of the MEMBER'S Covered
Property, including inability to faithfully perform those duties because of a
criminal act committed by a person other than an "employ
3. Additional Definitions
a. "Employee Dishonesty" in paragraph A.2. mea
by an "employee", whether identified or not, acting alo
persons, with the manifest intent to:
(1)
(2)
(a)
(b)
. ation other than the employing political
th "employee" to receive that benefit.
b.
ed b , or involving, one or more "employees",
ies of acts.
TAC RMP-CRlME (3-1-12)
Board Approved 12-1-11
13
FORGERY OR ALTERATION COVERAGE FORM
(COVERAGE FORM B)
A, COVERAGE
The POOL will pay for loss involving Covered Instruments resulting directly from the Covered
Causes of Loss.
B. LIMIT OF COVERAG
1. Covered Instruments: Checks, drafts, promissory notes,
orders or directions to pay a sum certain in "money" that ar
a. Made or drawn by or drawn upon the MEMBER;
b. Made or drawn by one acting as the ME
that are purported to have been so made or r
2. Covered Causes Of Loss:
3. Coverage Extension
Legal Expenses: If the ME
the basis that it has been
consent to defend against th
that the MEMBER incurs and
this extension is i addition to t
refusing to p y any Covered Instrument on
d the MEMBER has the POOL'S written
for any reasonable legal expenses
he amount the POOL will pay under
ge applicable to this coverage.
ne "occurrence" is the applicable Limit of Coverage
C. DEDUCTIBLE
for los anyone "occurrence" unless the amount of loss exceeds the
own in t e DECLARATIONS. The POOL will then pay the amount of loss
the Coverage Extension.
D,
LUSIONS, CONDITIONS AND DEFINITIONS
provisions in the Crime General Provisions Form, this Coverage Form is also
e following:
1. Additional Exclusion
Acts of Employees, Officers, Directors, or Trustees: The POOL will not pay for loss
resulting from any dishonest or criminal act committed by any of the MEMBER'S
lIemployeesll, officers, directors, or trustees:
a. Whether acting alone or in collusion with other persons; or
b. Whether while performing services for the MEMBER or otherwise.
TAC RMP-CRlME (3-1-12) 14
Board Approved 12-1-11
2. Additional Conditions
a. Facsimile Signatures: The POOL will treat mechanically reproduced facsimile
signatures the same as handwritten signatures.
b. General Amendment: As respects this Coverage Form, the words Covered
Property in the Crime General Provisions Form mean Covered Instruments.
c. Proof of Loss: The POOL must include with the MEMBER'S proof of loss any
instrument involved in that loss, or, if that is not possible, affidavit setting forth
the amount and cause of loss.
d. Territory:
world.
3. Additional Definition
"Occurrence" means all loss caused
whether the loss involves one or m
TAC RMP-CRIME (3-1-12)
Board Approved 12-1-11
15
THEFT, DISAPPEARANCE AND DESTRUCTION COVERAGE FORM
(COVERAGE FORM C)
A, COVERAGE
The POOL will pay for loss of Covered Property resulting directly from the Covered Causes of
Loss.
1. Section 1 - Inside The Premises
a. Covered Property: "Money" and "securities" Inside t
premises",
b. Covered Causes of Loss
(1) "Theft"
(2) Disappearance
(3) Destruction
c. Coverage Extensions
(1)
Containers
from dam a
drawer local
attempted:
rty: The PO will pay for loss of, and loss
e, vault, cash register, cash box or cash,
" suiting directly from an actual or
mage: The POOL will pay for loss from damage to the
"premises" exterior resulting directly from an actual or attempted
" of Cered Property if the MEMBER is the owner of the
" r is liable for damage to It.
roperty: "Money" and "securities" outside the "premises" in the care
tody of a "messenger".
vered Causes of Loss
'Theft"
Disappearance
(3)
Destruction
T AC RMP - CRIME (3-1-12)
Board Approved 12~ 1 ~ 11
16
c. Coverage Extension
B. LIMIT OF COVERAGE
Conveyance of Property By Armored Motor Vehicle Company: The POOL will
pay for loss of Covered Property resulting directly from the Covered Causes of
Loss while outside the "premises" in the care and custody of an armored motor
vehicle company.
But, the POOL will pay only for the amount of los
recover:
(1) Under the MEMBER'S contract with the armo
and
(2) From any insurance or in
customers of, the armored 0
The most the POOL will pay for loss in
shown in the DECLARATIONS.
C. DEDUCTIBLE
less the amount of loss exceeds the
T POOL will then pay the amount of loss
overage.
D.
AN DEFINITIONS: In addition to the provisions in
rage Form is subject to the following:
1.
will not pay for loss as specified below:
etical Errors or Omissions: Loss resulting from accounting
ors or omissions.
f Employees, Directors, Trustees or Representatives: Loss resulting from
est or criminal act committed by any of the MEMBER'S "employees",
s, trustees or authorized representatives:
Acting aione or in collusion with other persons; or
While performing services for the MEMBER or otherwise.
c. Exchanges or Purchases: Loss resulting from the giving or surrendering of
property in any exchange or purchase.
d. Fire: Loss from damage to the "premises" resulting from fire, however caused.
e. Money Operated Devices: Loss of property contained in any money operated
device unless the amount of "money" deposited in it is recorded by a continuous
recording instrument in the device.
TAC RMP-CRIME (3-1-12) 17
Board Approved 12-1-11
f. Transfer or Surrender of Property
(1) Loss of property after it has been transferred or surrendered to a person
or place outside the "premises" or "banking premises":
(a) On the basis of unauthorized instructions; or
(b) Had knowiedge of
loss was not related to the threat.
(b) As a result of a threat to do:
i. Bodily harm to any person; or
ii. Damage to any property.
(2)
(a)
g. Vandalism: Loss from
Covered Property by vandalism or malicious
exterior or to containers of
h.
erty: Loss resulting from the
BE express or implied authority. being
art with title to or possession of any
2.
Duties in the
damage to, Cov e
ER has reason to believe that any loss of, or loss from
a violation of iaw, the MEMBER must notify the police.
"Ba 'ng Premises" means the interior of that portion of any building occupied by
ba . g institution or similar safe depository.
b. "Messenger" means the MEMBER or any "employee" while
ving care and custody of the property outside the "premises."
"0ccurrenceU means an:
(1) Act or series of related acts involving one or more persons; or
(2) Act or event, or a series of related acts or events not invoiving
any person.
d. "Premises" means the interior of that portion of any building the
MEMBER occupies in conducting the MEMBER'S business.
e. "Theft" means any act of stealing.
TAC RMP-CRlME (3-1-12) 18
Board Approved 12~1~11
ROBBERY AND SAFE BURGLARY COVERAGE FORM
(COVERAGE FORM D)
A, COVERAGE
The POOL will pay for loss of, and loss from damage to Covered Property resulting directly from
the Covered Causes of Loss.
1. Section 1 - Inside The Premises
a. Robbery of a Custodian
(1) Covered Property: "Property other than m
"premises" in the care and custody of a "
(2) Property Not Covered: Motor vehicles,
equipment and accessories atta
(3) Covered Cause of Loss: A
(4) Coverage Extension
ss from damage to the
ing directly om the Covered Cause of
owner of t e "premises" or is Iiabie for
b.
(1)
ther than money and securities" inside the
ss: Actual or attempted "safe burglary".
The POOL will pay for loss from
The IIpremises" or its exterior; or
A locked safe or vault located inside the "premises";
resulting directly from the Covered Cause of Loss, if the MEMBER is the
owner of the property or liable for damage to it.
2. Section 2 - Outside The Premises
a. Covered Property: "Property other than money and securities" outside the
Ilpremisesll in the care and custody of a "messenger".
b. Property Not Covered: Motor vehicles, trailers or semi-trailers or equipment and
accessories attached to them.
c. Covered Cause of Loss: Actual or attempted "robbery".
TACRMP-CRIME(3-1-12) 19
Board Approved 12.1-11
d. Coverage Extension
Conveyance Of Property By Armored Motor Vehicle Company: The POOL will
pay for loss of, and loss from damage to, Covered Property resulting from the
Covered Cause of Loss while outside the "premises" in the care and custody of
an armored motor vehicle company.
But, the POOL will pay only for the amount of loss the MEMBER cannot recover:
B, LIMIT OF COVERAGE
(1) Under the MEMBER'S contract with the armored
and
(2) From any insurance or indemnity carri
customers of the armored motor vehicle
The most the POOL will pay for loss in anyone "occ
shown in the DECLARATIONS.
C. DEDUCTIBLE
The POOL will not pay for loss in any 0
Deductible Amount shown in the DEC ARA
in excess of the Deductible Amount 0 the Li
unt of loss exceeds the
en pay the amount of loss
D.
ADDITIONAL EXCLUSIONS, COND
the Crime General Provisions Form, tH
TI NS: In addition to the provisions in
ubject to the following:
1.
or loss as specified below:
a.
s, irectors. Trustees or Representatives: Loss
dishon r criminal act committed by any of the MEMBER'S
s, trustees or authorized representatives:
in collusion with other persons; or
orming services for the MEMBER or otherwise.
Loss resulting from fire, however caused, except loss from damage to a
ult.
Loss of, or loss from damage to, property after it has been transferred or
surrendered to a person or place outside the "premises":
(a) On the basis of unauthorized instructions; or
(b) As a result of a threat to do:
i.
Bodily harm to any person; or
Ii.
Damage to any property.
TAC RMP-CRIME (3-1-12)
Board Approved 12-1-11
20
(2) But, this exclusion does not apply under COVERAGE, Section 2. to loss
of Covered Property while outside the "premises" in the care and custody
of a "messenger", if the MEMBER:
(a) Had no knowledge of any threat at the time the conveyance
began; or
(b) Had knowledge of a threat at the tim
but the loss was not related to the thr
d. Vandalism: Loss from damage
mischief.
2. Additional Conditions
a. Duties in the Event of Loss: If the
of, or loss from damage to, Covered P
MEMBER must notify the poli
b. OOL will only pay up to
m damage to:
(1)
semi-precious stones, pearls, furs, or
icles made of or containing such
I value of such articies; or
(2)
records of any kind or the cost of
ducing any information contained in them.
3.
a.
EMBER or any "employee" while having care and
prope inside the "premises", exciuding any person while acting
, rjanitor.
having care and
Act or series of reiated acts involving one or more persons; or
Act or event, or a series of related acts or events not involving any
person.
d. "Premises" means the interior of that portion of any building the MEMBER
occupies in conducting the MEMBER'S business.
e. "Robbery" means the taking of property from the care and custody of a person by
one who has:
(1)
Caused or threatened to cause that person bodily harm; or
TACRMP-CRIME (3-1-12)
Board Approved 12-1-11
21
(2) Committed an obviously unlawful act witnessed by that person.
f. "Safe Burglary" means the taking of:
(1) Property from within a locked safe or vault by a person unlawfully
entering the safe or vault as evidenced by marks of forcible entry upon
its exterior; and
(2) A safe or vault from inside the "premises".
g. "Watch person" means any person the MEMBE
and custody of property inside the "premises" and wh
MONEY ORDERS AND COUNTERFEIT PAPER
CURRENCY COVERAGE FORM
(COVERAGE FORM R)
A, COVERAGE
The POOL will pay for loss due to the acquisition of Covered Property resulting directly from the
Covered Cause of Loss.
1. Covered Property:
a. Money orders, including counterfeit money orders, of any United States or
Canadian post office, express company or national or state (or Canadian)
chartered bank; and
TAC RMP-CRIME (3-1-12)
Board Approved 12-1-ll
22
b. Counterfeit United States or Canadian paper currency.
2. Covered Cause of Loss
Acceptance in good faith, in exchange for merchandise, money or services, of:
a. Any money order that is not paid upon presentation; and
b. Counterfeit United States or Canadian paper currency;
that is acquired during the regular course of business.
B. LIMIT OF COVERAGE
The most the POOL will pay for loss in anyone "occurrence" is the
shown in the Declarations.
1. Additional Exclusions:
C. DEDUCTIBLE
The POOL will not pay for loss in anyone "occurrence" unless the am
Deductible Amount shown In the Declarations. The P L will then pay
excess of the Deductible Amount, up to the Limit of C ge.
D. ADDITIONAL EXCLUSIONS, CONDITION AND DEFINI
In addition to the provision in the Crime Gene ions,
following:
a. Acts of Employees, Dire
Loss resulting from any
"employees", directors, tru e
(1)
(2)
b.
. ng or surrendering of property in any exchange or
arting ollie or Possession Of Property
Iting from your, or anyone acting on your express or implied authority, being
any dishonest act to voluntarily part with title to or possession of any
2. Ad itional C dition
Du e Event of Loss: If you have any reason to believe that any loss of, or loss from
dama to, Covered Property involves a violation of law, you must notify the police.
3. Additional Definition
"Occurrence" means an:
a. Act or series of related acts involving one or more persons: or
b. Act or event, or series of related acts or events not involving any person.
TACRMP-CRIME (3-1-12)
Board Approved 12-1-11
23
COMPREHENSIVE GENERAL LIABILITY
Endorsement for Law Enforcement Watercraft Liability
This endorsement modifies the General Liability Coverage Document to which it is attached. This change is
effective on the inception date of the Document unless another date is indicated below.
elusions (q), is amended to read as follows:
of
the
officer (whet
roperty damage arising from law enforcement activities. For purposes ~
enforcement activities shall mean any law enforcement activities of
the performance by any other covered person of duties as a peace
ff) or as a member of any law enforcement department or agency.
1.
of real property or improvements thereon, owned or
law enforcement activities.
2. bodily injury or pro
use, loading or unloadin
rents or borrows, that is less
person in the course of his la
1901 TBD TBD TBD
n out of the ownership, maintenance, operation,
. ted below that the Named Member owns,
but only while being operated by a covered
.ties for the Named Member.
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: GL/LEWC
Endorsement Effective Date:
Named Member:
Attached to and forming part of Coverage Document Number: GL
TAC-GLlLEWC (01/08)
Board Approved 08/29/07
Page: 1
~
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GENERAL LIABILITY
Automatic Additional Insureds Endorsement -
Eqnipment Leases
The folio
ifies the General Liability Coverage Document to which it is attached. This change is
on date of the Document unless another date is indicated below.
ed to Section II - Who is a Covered Person:
,
'I
Any person( s) or
agrees in a written equip
to liability arising out of th
the equipment leased, as s
organization(s) subject to
einafter called "Additional Insured") with whom the Named Member
ntal agreement to name as an insured is an insured with respect
operation or use by an employee of the Named Member of
ule below, to the Named Member, by such person(s) or
1 exclusions.
The coverage provided to the A
Bodily Injury, property damage or p
the equipment.
. g after the Named Member ceases to lease
Bodily Injury, property damage or personal i
Insured.
he sole negligence ofthe Additional
Property damage to:
Property owned, used or occupied by or rented to the Addition
Property in the care, custody or control of the Additional Insured or ov
any purpose exercising physical control.
tional Insured is for
ADDITIONAL INSURED:
SCHEDULE OF LEASED EQUIPMENT:
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: GL/ AIEL
Endorsement Effective Date:
Named Member:
Attached to and fonning pm of Coverage Document Number: GL
TAC-GUAtEL(0J/08)
Board Approved 08/29/07
Page: 1
GENERAL LIABILITY
Automatic Additional Insureds Endorsement-
Real Property Leases
Any person
agrees in a writt
premises liability, or t e
operation, control orrnain
following exclusions.
The foil
modifies the General Liability Coverage Document to which it is attached. This change is
tion date of the Document unless another date is indicated below.
dded to Section II - Who is a Covered Person: ~
(hereinafter called "Additional Insured") with whom the Named Member '
including land) to name as an insured is an insured with respect to
wn below, arising out of the Named Member's negligence in the
rt of the premises leased to the Named Member, subject to the
The coverage provided to the
Bodily Injury, property damage or
the premises or land.
urring after the Named Member ceases to lease
Bodily Injury, property damage or person
or demolition operations performed by or on beh
u f structural alterations, new construction,
Insured.
Property damage to:
Property owned, used or occupied by or rented to the Additio
Property in the care, custody or control of the Additional Insured
any purpose exercising physical control.
itional Insured is for
ADDITIONAL INSURED:
ADDRESS OF LEASED PREMISES:
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: GL/AIPL
Endorsement Effective Date:
Named Member:
Attached to and forming part of Coverage Document Number: GL
TAC-GUAIPL (01108)
Board Approved 08/29/07
Page: 1
GENERAL LIABILITY
Endorsement for Hospital Premise Liability
This endorsement modifies the General Liability Coverage Document to which it is attached. This change is effective on the
inception date of the Document unless another date is indicated below.
This cove
s, r, is amended to read as follows:
r.
A
~.
,
rty damage arising out of any covered person's rendering of or failure to render
(2)
(a) jail or 0
(b) hospita
For purposes 0
(a) any medic
or other simi
ychological, dental, x-ray, nursing, therapeutic, emergency medical,
(3)
the prescription, dis
surgical supplies, eq
actions by administrative
firing or other supervision of p.
above.
For purposes of this exclusion, hospital has
(c)
(b)
. of food, beverages, drugs, therapies, or medical, dental or
qmnection therewith; or
iring, credentialing, training, scheduling, discipline,
dical services, as described in (2)(a) and (2)(b),
However, this exclusion does not apply to:
(1) any covered person who is not in the business or pro
(2) claims arising from premise defects at the hospital listed b
Hospital Facility
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: GLfHOSP
Endorsement Effective Date:
Named Member:
Attached to and forming part of Coverage Document Number: GL
TAC-GLIHOSP (01/08)
Board Approved 08/29/07
Page: 1
)l..SSOc
. '.
:.r'r -:.
" 0
... %
*
TEXAS ASSOCIATION Of COUNTIES
RISK MANAGEMENT POOL
Section I - Coverages.........................
A. Coverage A: Bodily Injury a
1.
2.
General Liability Coverage F<
Page
...................................2
1.
2.
.......................................................3
Injury Liability................................... 10
.......................................................................... 10
........ ..........................................................................10
,n ..............................................................................................13
ry Payments - Coverages A and B............................................ 13
Section 11- Who is a Covered Person .......................................................................... 15
Section III - Limits of Coverage ..................................................,..................................16
Section IV - General Liability Conditions .......................................................................17
Section V - Definitions...................................................................................................25
TAC RMP-GL (6-7-12)
Page 1 of 31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc, with its permission.
GENERAL LIABILITY COVERAGE FORM
The Texas Association of Counties Risk Management Pooi ("the Pool") exists to enable its members
to purchase coverage against liability claims. This is not a contract of insurance. but is a Document
evidencing liability coverage pursuant to the provisions of Chapters 791 and 2259 of the Texas
Government Code and Chapter 119 of the Texas Local Government Code. Under this Document,
politicai subdivisions and other members create and contribute to the Pool as an alternative to
purchasing insurance from commerciai insurance markets. While this Document is not commercial
insurance, the Pool's Board of Directors has determined that certain first-party coverages may be
offered herein for the purpose of mitigating or reducing potential liability exposures the Named
Member.
Refer to SECTION V-
VARIOUS PROVISIONS IN THIS DOCUMENT RESTRICT COVERAGE.
DOCUMENT CAREFULLY TO DETERMINE RIGHTS, DUTIES AND W A
COVERED,
Throughout this Document the words Named Member and Na
subdivision or other member shown as the Named Member i
Pool's refer to the Pool providing this coverage. The Name
the entire Deductible shown in the Deciarations. A cove
no individual responsibility for paying any portion of t
any liability not in excess of $100,000, as referenc
Section 108.002. and, if applicable, not in exces
shown in the Declarations, whichever is great
Words and phrases that appear in bold-faced
DEFiNITIONS
OPERTY DAMAGE LIABILITY
1.
a. su hat the covered person becomes legaily obligated to pay
(lily injury or property damage to which this coverage
applies. 001 will ve the right and duty to defend the covered person against ahy
uit seekin hose damages. However, the Pool will have no duty to defend the covered
person agai t any suit seeking damages for bodily injury or property damage to
. co ge does not appiy. The Pool may, at the Pool's discretion, investigate
re e and settle any ciaim or suit that may result. But:
e amount the Pool will pay for damages is limited as described in Section ill -
Limits Of Coverage; and
(2) The Pool's right and duty to defend end when the Pool has used up the
applicabie limit of coverage in the payment of judgments or settlements under
Coverages A or B or medical expenses under Coverage C.
No other obligation or liability to pay sums or perform acts or services is covered unless
explicitly provided for under Suppiementary Payments - Coverages A and B.
b. This coverage applies to bodily injury and property damage only if:
TAG RMP-GL (6-7-12)
Page 2 of 31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
(1) The bodily injury or property damage is caused by an occurrence that takes
place in the coverage territory; and
(2) The bodily injury or property damage occurs during the coverage period.
c. This coverage applies to bodily injury arising out of the condition or use of real property
only if that real property is owned, rented to or controlled by the Named Member.
d. Damages because of bodily injury include damages claimed by a
organization for care, loss of services or death resulting at any ti
injury.
Bodily injury or property damage expected or i
covered person. This exclusion does to b
reasonable force to protect persons prop
2. Exclusions
This coverage does not apply to:
a. Expected or Intended Injury
b. Contractual Liability
Bodily injury or property
damages by reason of the as
exclusion does not apply to Iia amage
(1) That t~.e.d pers~ wou 'n the absence of the contract or
agree~
(2) Assumed in a contract or agreement that is an insured contract, provided the
bodily injury or property damage occurs subsequent to the execution of the
contract or agreement. Solely for the purposes of liability assumed in an insured
contract, reasonable attorney fees and necessary litigation expenses incurred
by or for a party other than a covered person are deemed to be damages
because of bodily injury or property damage, provided:
(a) Liability to such party for, or for the cost of, that party's defense has also
been assumed in the same insured contract; and
(b)
Such attorney fees and litigation expenses are for defense of that party
against a civil or alternative dispute resolution proceeding in which
damages to which this coverage applies are alleged.
~
Liquor Liability
c.
Bodily injury or property damage for which any covered person may be held liable by
reason of:
(1) Causing or contributing to the intoxication of any person;
(2) The furnishing of alcoholic beverages to a person under the legal drinking age or
under the influence of alcohol; or
TAC RMP-GL (6-7-12)
Page 30f31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
(3) Any statute. ordinance or regulation relating to the sale, gift, distribution or use of
alcoholic beverages.
This exclusion applies only if the covered person is in the business of manufacturing,
distributing, selling. serving or furnishing alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the covered person under any workers' com pen alion. disability
benefits or unemployment compensation law or any similar law.
Bodily Injury to:
(b) Performing duties rei
business; or
e. Employer's liability
(1) An employee of the covered person ar'
(a) Employment by the covere
(2)
This exclusion applies:
(1)
To any oblig
damages beca
.......
This exclusion does not apply to liability assumed by the covered person under an
insured contract. ,
(2)
ma es with or repay someone else who must pay
y.
Injury or property damage arising out of the actual, alleged or
discharge, dispersal, seepage, migration, release or escape of
nts:
(a)
~
At or from any premises, site or location which is or was at any time
owned or occupied by, or rented or loaned to, any covered person.
However, this subparagraph does not apply to:
(i) Bodily Injury if sustained within a building and caused by
smoke, fumes, vapor or soot from equipment used to heat that
building;
(ii) Bodily injury or property damage for which the Named
Member may be held liable, if it is a contractor and the owner or
lessee of such premises, site or location has been added to this
Document as an additional covered person with respect to the
Named Member's ongoing operations performed for that
TAG RMP-GL (6-7-12)
Page 4 of 31
Board Approvad 6-7-12
Includes copyrighted material of Insurance Services Offlce, Inc. with its permission.
additional covered person at that premises, site or location and
such premises, site or location is not and never was owned or
occupied by, or rented or loaned to, any covered person, other
than that additional covered person; or
(Iii) Bodily injury or property damage arising out of heat, smoke or
fumes from a hostile fire;
(b) At or from any premises, site or location which is 0
by or for any covered person or others for the
disposal, processing or treatment of waste;
(c) Which are or were at any time transport ,
disposed of, or processed as waste by or for or any
person or organization for whom the Named Me lIy
responsible; or ~
(d) At or from any premises, site or location on which any covered person
or any contractors or subcontractors working directly or indirectly on any
covered person's behalf are performing operations if the pollutants are
brought on or to the premises, site or location in connection with such
operations by such covered person, contractor or subcontractor.
However, this subparagraph does not apply to:
~
(i)
Bodily injury or property damage arising out of the escape of
fuels, lubricants or other operating fluids which are needed to
perform the normal electrical, hydraulic or mechanical functions
necessary for the operation of mobile equipment or its parts, if
such fuels, lubricants or other operating fluids escape from a
vehicle part designed to hold, store or receive them. This
exception does not apply if the bodily injury or property
damage arises out of the intentional discharge. dispersal or
release of the fueis, lubricants or other operating fluids, or if such
fuels, lubricants or other operating fluids are brought on or to the
premises, site or location with the intent that they be discharged,
dispersed or released as part of the operations being performed
by such covered person, contractor or subcontractor;
(iI) Bodily injury or property damage sustained within a building
and caused by the release of gases, fumes or vapors from
materials brought into that building in connection with operations
being performed by the Named Member or on the Named
Member's behalf by a contractor or subcontractor; or
(Iii) Bodily injury or property damage arising out of heat, smoke or
fumes from a hostile fire.
(e) At or from any premises, site or location on which any covered person
or any contractors or subcontractors working directly or indirectly on any
covered person's behalf are performing operations if the operations are
to test for, monitor, clean up, remove, contain, treat, detoxify or
neutralize, or in any way respond to, or assess the effects of, pollutants.
(2) Any loss, cost or expense arising out of any:
TAC RMP-GL (6-7-12)
Page 5 of31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
(a) Request, demand, order or statutory or regulatory requirement that any
covered person or others test for, monitor, clean up, remove, contain,
treat, detoxify or neutralize, or in any way respond to, or assess the
effects of, pollutants; or
(b)
Claim or suit by or on behalf of a governmental authority for damages
because of testing for, monitoring, cleaning up, removing, containing,
treating, detoxifying or neutralizing, or in any way responding to, or
assessing the effects of, pollutants.
A
However, this paragraph does not appiy to liability for damages because of
property damage that the covered person would have in the absence of such
request, demand, order or statutory or regulatory requirement, or such claim or
suit by or on behalf of a governmental authority. .
Bodily Injury or property damage arising
entrustment to others of any aircraft, auto or wate
loading or unloading.
A watercraft while
g. Aircraft, Autos or Watercraft
This exclusion does not apply to:
(1)
(2)
or ents, that Is less than 26 feet long
perty for a charge;
(3)
hich the Named Member does not own
(4)
to is not owned by or rented or loaned to any covered
(5) Liability assumed under any insured contract for the ownership, maintenance or
use of aircraft or watercraft; or
BOd).''''Ury or property damage arising out of the operation of any of the
u;~"~t listed in Paragraph f.(2) or f.(3) of the definition of mobile equipment.
h.
Ily injury or property damage arising out of:
(1) The transportation of mobile equipment by an auto owned or operated by or
rented or loaned to any covered person; or
(2) The use of mobile equipment in, or while in practice for, or while being prepared
for, any prearranged racing, speed. demolition, or stunting activity.
i. War
TAG RMP-GL (6-7-12)
Page 6 of31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Bodily injury or property damage due to war, whether or not declared, or any act or
condition incident to war. War includes civil war, insurrection, rebellion or revolution. This
exclusion applies only to liability assumed under a contract or agreement.
TAG RMP-GL (6-7-12)
Page 7 0131
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
j. Damage To Property
Property damage to:
(1) Property the covered person owns, rents, or occupies;
(2) Premises the covered person sells, gives away or abandons, if the property
damage arises out of any part of those premises;
(3) Property loaned to the covered person;
(4) Personal property in the care, custody or control
(5)
(6) That particular part of any pro
because your work was in
Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other
than damage by fire) to premises, including the contents of such premises, rented to the
Named Member for a period of 7 or fewer consecutive days. A separate limit of coverage
applies to Damage To Premises Rented To The Named Member as described in Section
III - Limits of Coverage. y
'f the premises are your work and were
e Named Member.
exclusion do not apply to liability assumed under a
II to your product arising out of it or any part of it.
damage to your work arising out of it or any part of it and included in the
p ucts-completed operations hazard.
This exclusion does not apply if the damaged work or the work out of which the damage
arises was performed on the Named Member's behalf by a subcontractor.
m. Damage to Impaired Property or Property Not Physically Injured
Property damage to impaired property or property that has not been physically injured,
arising out of:
TAG RMP-GL (6-7-12)
Page 8 of 31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
(1) A defect, deficiency, inadequacy or dangerous condition in your product or your
work; or
(2) A delay or failure by the Named Member or anyone acting on the Named
Member's behalf to perform a contract or agreement In accordance with its
terms.
This exclusion does not apply to the loss of use of other property a 'sing out of sudden
and accidental physical injury to your product or your work aft s been put to its
intended use.
(3)
Impaired property; if
from the market or
or suspected defect,
, or prope s withdrawn or recalled
rson or orga Ization because of a known
uacy or dangerous condition in it.
n. Recall of Products, Work or Impaired Property
Damages claimed for any loss, cost or expense incurred by the
others for the loss of use, withdrawal, recall, ins tion, repair, repl
removal or disposal of:
(1) Your product;
(2) Your work; or
o.
p.
Bodily injury or property damage liability arising out of any covered person's actual or
alleged violation of another person's federal civil rights.
q. Law Enforcement Activities
~ Bodily Injury or property damage arising from law enforcement activities. For
purposes of this exclusion, law enforcement activities shall mean any law enforcement
activities of the Named Member, and the performance by any other covered person of
duties as a peace officer (whether on duty or off) or as a member of any law enforcement
department or agency.
~This exclusion does not apply to claims arising out of the condition of real property or
improvements thereon, owned or used by the Named Member for its law enforcement
activities. This exclusion also does not apply to claims arising out of the provision of
medical services by a covered person at a jail or other correctional facility operated by
the Named Member, but only if the covered person is not a medical doctor or a
physician's assistant.
TAC RMP-GL (6-7-12)
Page 9 of 31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, inc. with its permission.
r. Medical Services
Bodily injury or property damage arising out of any covered person's rendering of
or failure to render medical services in any hospital or nursing home.
For purposes of this exclusion, hospital has the meaning given in Texas Health & Safety
Code 9 241.003(7).
For purposes of this exclusion, nursing home means a licensed p
which Chapter 242, Health and Safety Code, appiies.
However, this exclusion does not apply to any covered pe
business or profession of providing medical services.
s. Other Professional Services
Bodily injury or property damage arising
attorney-at-iaw, architect, engineer or accountant,
duties as such.
t. Statutory Violations
Bodily injury or property
or regulation committed by
of any wiiifu violation of statute, ordinance
e or consent of the covered person.
u.
Bodily injury
commotions.
claims arising out of strikes, riots or civil
v.
de arising out of any taking, inverse condemnation or
erty.
iability, loss or occurrence, for which the State of Texas:
responsibility to payor indemnify; or
serts a right to defend; or
asserts a right to adjust, handie or settle.
Exclusions c. through n. do not apply to damage by fire to premises whiie rented to the Named
Member or temporarily occupied by the Named Member with permission of the owner. A
separate limit of coverage applies to this coverage as described in Section iii - Limits of
Coverage.
TAC RMP-GL (6-7-12)
Page 10 of 31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COVERAGE B: PERSONAL AND ADVERTISING INJURY LIABILITY
1. Coverage Agreement
a. The Pool will pay those sums that the covered person becomes legally obligated to pay
as damages because of personal and advertising injury to which this coverage
applies. The Pool will have the right and duty to defend the covered person against any
suit seeking those damages. However, the Pool will have no duty to defend the covered
person against any suit seeking damages for personal and advertising injury to which
this coverage does not apply. The Pool may, at the Pool's discret' n, investigate any
offense and settie any claim or suit that may resuit. But:
2. Exclusions
(1) The amount the Pool will pay for damages is limite
Limits of Coverage; and
(2)
No other DbligatiDn Dr liability tD pay sums Dr perf
explicitly prDvided for under Suppleme en
b.
This cDverage applies to person
out Df the Named Member's sine
coverage territory during t Dverag
d by an Dffense arising
as cDmmitted in the
a.
(1)
e direc of the covered person with the knDwledge that the
rights Df anDther and would inflict personal and
written publicatiDn of material, if dDne by Dr at the directiDn
rson with knowledge Df its falsity;
Dut Df Dral or written publicatiDn of material whDse first pubiication tDDk
re the beginning of the cDverage periDd;
'sing DUt Df a criminal act cDmmitted by Dr at the directiDn Df any covered
rson;
FDr which the covered person has assumed liability in a cDntract Dr agreement.
This exciusion does nDt apply to liability for damages that the covered person
wDuld have in the absence Df the contract Dr agreement;
(6) Arising out Df a breach of contract, except an implied cDntract tD use another's
advertising idea in the Named Member's advertisement;
TAC RMP-GL (6-7-12)
Page 11 of31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
(7) Arising out of the failure of goods, products or services to conform with any
statement of quality or performance made in the Named Member's
advertisement;
(8) Arising out of the wrong description of the price of goods, products or services
stated in the Named Member's advertisement;
(9) To another covered person under this Document.
(10) Committed by a covered person whose business is adve
publishing or telecasting. However, this exclusion does
M.a., b. and c. of personal and advertising injury
Section; or
(2)
Claim or suit by or on
of testing for, monit
or neutralizing, or in
pollutants.
Ity for damages because
, removing, c taining, treating, detoxifying
. g to, or assessing the effects of,
(11) Arising out of the actual, alleged or threatened dlscha
migration, release or escape of pollutants at any time.
b. Any loss, cost or expense arising out of a
(1) Request, demand or order that any cove
clean up, remove, contain, tre 'fy or
or assess the effects of, po ants,
c. Civil Rights Violations
Personal and advertising injury iiability arising out of any covered person's actual or
alleged violation of another person's federal civil rights.
d. Law Enforcement Activities
Personal and advertising injury arising from law enforcement activities. For
purposes of this exclusion, law enforcement activities shall mean any law enforcement
activities of the Named Member, and the performance by any other covered person of
duties as a peace officer (whether on duty or off) or as a member of any law enforcement
department or agency.
nal)rervices
Person and advertising injury arising out of activities of a covered person as an
-at-iaw, architect. engineer, accountant, physician, or other healthcare
ssional, in the scope of their professional duties as such.
f. Statutory Violations
Personal and advertising injury arising out of any wiliful violation of statute, ordinance
or regulation committed by or with the knowledge or consent of the covered person.
g. Strikes, Riots, Civil Commotions
Personal and advertising injury arising out of strikes, riots or civil commotions.
TAC RMP-GL (6-7-12)
Page 12 of 31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
h. Taking, Condemnation or Possession of Property
Personal and advertising injury arising out of any taking, inverse condemnation or
adverse possession of any property.
i. Breach of Contract
Personal and advertising injury arising out of a covered person's breach of contract.
But this exciusion shall not apply to liability that the covered perso would have in the
absence of the contract.
1. Coverage A
j. Dishonesty
Personal and advertising injury arising out of claims brough
the alleged dishonesty of the covered person.
k. State Responsibility
Personal and advertising injury arising out of a
for which the State of Texas:
(1)
(2) asserts a right to d
(3)
a.
ext to premises the Named Member owns or rents; or
cause of the Named Member's operations;
(1) The accident takes place in the coverage territory and during the coverage
period;
(2) The expenses are incurred and reported to the Pool within one year of the date
of the accident; and
(3) The injured person submits to examination, at the Pool's expense, by physicians
of the Pool's choice as often as the Pool reasonably requires.
TAC RMP-GL (6-7-12)
Page 13 of 31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
b. The Pool will make these payments regardless of fault. These payments will not exceed
the applicable limit of coverage. The Pool will pay reasonable expenses for:
(1) First aid administered at the time of an accident;
(2) Necessary medical, surgical, x-ray and dental services, including prosthetic
devices; and
(3) Necessary ambulance, hospital, professional nursing and funeral services.
2. Exclusions
c. The Pool's payment of covered medical expenses under this C e does not
constitute an admission of fault or liability by or on behalf of a covered person.
The Pool will not pay expenses for bodily injury:
a. To any covered person.
b. To a person hired to do work for or on behalf of a
covered person.
c. To a person injured on premises
normally occupies.
d. To a person. whether or not
bodily injury are payable or
disability benefits law or a sim r
e.
f.
g.
h.
ared, or any act or condition incident to war. War includes
n or revolution.
ass or occurrence, for which the State of Texas:
sponsibility to payor indemnify; or
serts a right to defend; or
sserts a right to adjust, handle or settle.
SUPPLEMENTARY PAYMENTS: COVERAGES A AND B
1. The Pool will pay, with respect to any claim the Pool investigates or settles, or any suit against a
covered person the Pool defends:
a. All expenses the Pool incurs.
TAC RMP-GL (6-7-12)
Page 140131
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with Its permission.
b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations
arising out of the use of any vehicle to which the Bodily injury Liabiiity Coverage applies.
The Pool does not have to furnish these bonds.
c. The cost of bonds to release attachments, but only for bond amounts within the
applicable limit of coverage. The Pool does not have to furnish these bonds.
d. All reasonable expenses incurred by the covered person at the Pool's request to assist
the Pool in the investigation or defense of the ciaim or suit, including actual loss of
earnings upto $100 a day because of time off from work.
e. All costs taxed against the covered person in the suit.
f. Pre-judgment interest awarded against the covered per
the Pool pays. If the Pool makes an offer to pay the applicabl
Pool will not pay any pre-judgment interest based on that period
g. All interest on the full amount of any judgmen
and before the Pool has paid, offered to pa ,0
judgment that is within the applicable limit of cove
h. Expenses incurred by a covered p
accident, for bodily injury to whi
These payments will not red'uce the*..of co
2. If the Pool defends a covered person against a suit and an indemnitee of the covered person
is also named as a party to ihe suit, the Pool wiil defend that indemnitee If all of the following
conditions are met:
a.
The suit against the indemnitee seeks damages for which the covered person has
assumed the liability of the indemnitee in a contract or agreement that Is an insured
contract;
b.
This coverage applies to such liability assumed by the covered person;
c.
The obligation to defend, or the cost of the defense of, that indemnitee, has also been
assumed by the covered person in the same insured contract;
~d.
The allegations in the suit and the information the Pool knows about the occurrence are
such that no conflict appears to exist between the interests of the covered person and
the interests of the indemnitee;
e.
The indemnitee and the covered person ask the Pool to conduct and control the
defense of that indemnitee against such suit and agree that the Pool can assign the
same counsel to defend the covered person and the indemnitee; and
f.
The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with the Pool in the investigation, settiement or defense of the
suit;
TAG RMP-GL (6-7-12)
Page 15 of 31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc, with its permission.
(b) Immediately send the Pool copies of any demands, notices, summonses
or iegai papers received in connection with the suit;
(c) Notify any other insurer whose coverage is available to the indemnitee;
and
(d) Cooperate with the Pool with respect to coordinating other applicable
insurance available to the indemnitee; and
(2) Provides the Pool with written authorization to:
(a) Obtain records and other information related to the suit; and
(b) Conduct and control the defense of the indemnitee in such suit.
So long as the above conditions are met, attorneys' fees incurred by the Pool in the defense of
that indemnitee, necessary litigation expenses incurred by the Pool and necessary litigation
expenses incurred by the indemnitee at the Pool's request will be paid as Supplementary
Payments. Notwithstanding the provisions of Paragraph 2.b. (2) of Section I - Coverage A - Bodily
Injury and Property Damage Liability, such payments will not be deemed to be damages for
bodily injury and property damage and will not reduce the limits of coverage.
The Pool's obligation to defend a covered person's indemnitee and to pay for attorneys' fees
and necessary litigation expenses as Supplementary Payments ends when:
a. The Pool has used up the applicable limit of coverage in the payment of judgments or
settlements; or
b. The conditions set forth above, or the terms of the agreement described in Paragraph f.
above, are no longer met.
2.
,
HO IS A COVERED PERSON
1.
er's officials, employees and volunteers, but only for acts within the scope
t by the Named Member or while performing duties related to the conduct of
ber's business. However, none of these officials, employees or volunteers is
erson for:
a.
Bodily injury or personal and advertising injury:
(1) To the Named Member or another of its officials, employees or volunteers.
(2) To the spouse, child, parent, brother or sister of that other official, employee or
volunteer, as a consequence of Paragraph a. (1) above;
TAG RMP-GL (6-7-12)
Page 16 of 31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc, with Its permission.
(3) For which there is any obligation to share damages with or repay someone else
who must pay damages because of the injury described in Paragraphs a. (1) or
a. (2) above; or
b. Property damage to property:
(1)
(2)
Owned, occupied or used by,
Rented to, in the care, custody or control of, or over which hysicai control is
being exercised for any purpose by, the Named Memb y of its officials,
employees or volunteers,
\..
Any person or organization having proper temporary custody of the covered person's property if
the covered person dies, but only:
3.
a. With respect to liability arising out of the maintenance or use of that property; and
b. Until the covered person's legal representative has been appointed.
4.
The covered person's legal representative if the covered person dies, but only with respect to
duties as such. That representative will have all the covered person's rights and duties under
this coverage form.
amed Memb"l's name under any motor
n while driving such equipment along a
y ther person or organization
person, but only with respect to
nt, an nly if no other insurance of any kind is
. However, no person or organization is a
5.
a.
person driving the equipment; or
b.
ed by, rented to, in the charge of or occupied by the
officials, ployees or volunteers, or the employer of any person
der this provision.
SECTION III - LIMITS OF COVERAGE
1.
erage shown in the Declarations and the rules below fix the most the Pool will
ss of the number of:
a.
Covered persons;
b.
Claims made or suits brought; or
c.
Persons or organizations making claims or bringing suits.
2. The Bodily Injury Each Person limit is the most the Pool will pay as damages for bodily injury
sustained by anyone person, for any single occurrence.
TAC RMP-GL (6-7-12)
Page 17 of 31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
3. Subject to 2., above, the Bodily Injury Each Occurrence limit is the most the Pool will pay as
damages for bodily injury sustained by all persons, as the result of a single occurrence.
4. The Property Damage Each Occurrence Limit is the most the Pool will pay as damages for
property damage sustained by all persons as the result of a single occurrence.
5. The Damage to Premises Rented to the Named Member Limit is the most the Pool will pay under
Coverage A for damages because of property damage to anyone premises, while rented to the
Named Member. or in the case of damage by fire. while rented to the Na d Member or
temporarily occupied by the Named Member with permission of the own .
6. The Personal and Advertising injury Limit is the most the Pool will
sum of all damages because of all personal and advertising inj
person or organization. This limit is subject to the aggregate per offen
below.
7. The Personai and Advertising injury [per offense] Agg
under coverage B as total damages for all personal n
persons as a result of a single offense.
8. The Medicai Expense Limit is the most the
expenses because of bodily injury sust .
event shall ihe Pool's liability under Co rag
occurrence exceed the Bodily Injury ch Occu ,
Declarations.
arately h consecutive annual coverage
s, sta g with the beginning of the coverage
is extended after issuance for an
oitional period will be deemed part of the last
e Limits of Coverage.
e Form a d-unless otherwise indicated therein-all other forms and
f this Document, are subject to the following Conditions:
1.
ent, the Pool covers occurrences occurring:
a g the Coverage Period shown in the Declarations; and
b. Within the coverage territory.
The coverage territory is:
a. The United States of America;
b. The territories and possessions of the United States of America;
TAC RMP-GL (6-7-12)
Page 18 of31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
c. Puerto Rico; and
d. Canada;
e. International waters or airspace, provided the Injury or damage does not occur in the
course of travel or transportation to or from any piace not included in 1.-4., above; or
f. All parts of the world if:
(1) The Injury or damage arises out of:
(a) Goods or products made or sold by the Named Member In the territory
described in a. above; or
(b) The activities of a covered person whose home is in the territory
described in a. above, but is away for a short time on the Named
Member's business; and
(2)
The covered person's responsibility to pay damages is determined in a suit on
the merits, in the territory described in 1.-4. above or in a settlement the Pool
agrees to.
, CLAIM~T
2.
a.
the Named Member and an
notified as soon as practicab
claim. To the extent possible,
involved must see to it that the Pool is
or n offense which may result in a
DUTIES IN THE EVENT OF OCCUR
(1)
(2)
(3)
Injured persons and witnesses; and
ion of any injury or damage arising out of the occurrence or
b.
rought against any covered person, the Named Member
nvolved must:
iately record the specifics of the claim or suit and the date received; and
d Member must see to it that the Pool receives written notice of the claim or
oon as practicable.
c. The Named Member and any other involved covered person must:
(1) Immediately send the Pool copies of any demands, notices, summonses or legal
papers received in connection with the claim or suit;
(2) Authorize the Pool to obtain records and other information;
(3) Cooperate with the Pool in the investigation or settlement of the claim or defense
against the suit; and
TAC RMP-GL (6-7-12)
Page 19 of 31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
(4) Assist the Pool, upon the Pool's request, in the enforcement of any right against
any person or organization which may be liable to the covered person because
of injury or damage to which this coverage may also apply.
d. No covered person will. except at that covered person's own cost, voluntarily make a
payment, assume any obligation, or incur any expense, other than for first aid, without the
Pool's consent.
e. No covered person will, without the Pool's written consent:
(2)
Waive, abridge, prejudice or fail to assert any rig
immunity, limitation of liability, or other defense to Iiabl
otherwise payable under this Document.
(1) Assume or admit any liability; or
f.
Ifi}il
ounts
~
In connection with any investigation the Pool may make regarding the applicability of
this coverage for any claim or suit under this Document, or the nature or extent of a
claim or suit payable under this Document, the Named Member and covered
person involved agree to provide any relevant documents or records, submit to
examination under oath at the Pool's request and give the Pool a signed statement of
his or her answers, as often as the Pool may reasonably require.'
. "
3.
Bankruptcy or insolvency of a covere
the Pool of any obligations under this
person's estate will not relieve
BANKRUPTCY
4.
a.
(1)
(2)
ompliance with all the terms of this Document; and
ered person's liability has been determined by final
a fully adversarial trial, or by an agreed settlement and
of Iiabl signed by the Pool, the covered person and the claimant
claiman s legal representative.
'zation may sue the Pool to recover on such a judgment or agreed
, b he Pool will not be liable for damages that are not payable under the
is Document or that are in excess of the applicable limit of coverage.
c.
as the right under this Document to bring the Pool into an action to
rmine a covered person's liability.
5. TRANSFER OF THE NAMED MEMBER'S RIGHTS AND DUTIES UNDER THIS DOCUMENT
a. The Named Member's rights and duties under this Document may not be transferred
without the Pool's written consent, except in the case of death of an individual covered
person.
TAC RMP-GL (6-7-12)
Page 20 of31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
b. If a covered person dies, his rights and duties will be transferred to his legal
representative but only while acting within the scope of duties as his legal representative.
Until that legal representative is appointed. anyone having proper temporary custody of
the covered person's property will have his rights and duties but only with respect to
that property.
6. TRANSFER OF RIGHTS OF RECOVERY AGAINST ANOTHER TO THE POOL
If any person or organization to or for whom the Pool makes payments un r this Document
has rights to recover damages from another, those rights are transferred Pool. That
person or organization must do everything necessary to secure the P s rights and must do
nothing after an accident or loss to impair them.
7. DELIVERY OF THIS DOCUMENT
Delivery of this Document to the Named Member shall
person, and the Named Member is authorized by ea
the covered person's behalf.
8. CONTRIBUTIONS
a.
be com
e Pool's B a of Directors. The
all informati n that the Pool requires for
s of such records to the Pool at such
b.
The Named Me
at such times
delinquent payme
II con utions or other payments to the Pool
stablished by the Pool's By-Laws. Any
st as prescribed by the Pool's By-Laws.
c. e for any return contributions or other payments the
d. period ere is a materiai change in the Named Member's
or other risks or hazards covered by this Document, the
Ify the Pool as soon as possible during the coverage period,
nd the Po may, at it discretion, adjust the contribution for this Document, in
accordance .th the Pool's rates and rating plans, as approved by the Pool's Board of
. . If t rned contribution thus computed exceeds the advance contribution
a Cl Member shall pay the excess to the Pool; if less, the Pool shall refund
the Named Member the unearned portion paid.
9.
a. Either party to this Document may cancel or non-renew this Document by giving notice
of such intent to the other party. The notice must be in writing and must be delivered by
certified mail, return receipt requested via U.S. Mail to the other party. Except for notice
of cancellation or non-renewai by the Pool for nonpayment of contributions, such notice
must be given not less than sixty (60) days prior to the effective date of cancellation.
b. The Pool may, in the Pool's soie discretion, permit the Named Member, upon the
Named Member's written request, to terminate this Document by giving the Pool not
less than thirty (30) days notice.
TAC RMP-GL (6-7-12)
Page 21 of 31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
c. Notice of cancellation by the Named Member must be addressed to:
Texas Association of Counties Risk Management Pool
Attn: Member Services
P.O. Box. 2131
Austin, Texas 78768
d. The Pool may cancel or non-renew this Document:
(1) for nonpayment of contributions, unless other provision
made by express written agreement between the Na
(2) if there Is an increase in risk or hazard within the
which would result in an increase in the rate or amoun
(3) for fraud in the obtaining of coverage;
(4) if the Pool is placed in supervision,
cancellation is approved or directed by th
(5)
if the Named Member doe
by the Pool during the in'
do not result in the Na ed
Pool's underwritin eria dur
ge t techniques required
anagement techniques
evel sufficient to meet the
e period;
(6)
en the parties is terminated or the
m the Pool;
(7)
ny of the Named Member's other
e.
an ation by the Pool may be given to the county judge or presiding officer of
Member at the Named Member's address shown in the Declarations.
10.
TRIBUTION PROPORTIONS
a.
If this Document is terminated by the Named Member, the Pool shall retain the
customary short rate proportion of the contribution.
b.
If this Document is terminated by or on behalf of the Pool, the Pool shall retain the
customary pro-rata proportion of the contribution.
TAC RMP-GL (6-7-12)
Page 22 of 31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
11. CHANGES
This Document, the Pool's By-Laws, the Interlocal Participation Agreement between the Named
Member and the Pool, and the Pool's duly-adopted underwriting standards and criteria
constitute the agreements between the Named Member and the Pool concerning the coverage
afforded. The Named Member is authorized to make changes in the terms of this Document
only with consent of the Pool's duly-authorized representative. The Pool may make changes to
this Document, as permitted by the Pool's By-Laws, the Interlocai Participation Agreement
between the Named Member and the Pool, and/or the laws governing the reation and operation
of the Pool. This Document's terms cannot he amended or waived orall changes to the
Pool's By-Laws, the Interlocal Participation Agreement between the P. I and the Named
Member, or the Pool's underwriting standards or criteria are incor ted here
12. LIBERALIZATION
If the Pool changes this Document to provide more cov
charge. the additional coverage will be effective as of
notice of change to the Named Member.
13. EXAMINATION OF THE NAMED MEMBER'S
The Pool may examine and: audit the Na
Document or as may be required for t ad
14. INSPECTIONS AND LOSS CONT
a.
b.
the amed Member's operations, policies,
r facilities;
c.
plement and follow risk management procedures or
d by th . 001 to reduce risk sufficient to meet the Pool's
. pections, surveys, reports or requirements relate only to the
r's elig y for liability coverage and the contribution to be charged. The
t make s ety inspections. The Pool does not undertake to perform the
son or organization to provide for the heaith or safety of workers or the
, e Pool warrant that conditions:
om ply with laws, regulations, codes or standards.
This condition applies not only to the Pool, but also to any rating, advisory, rate service or similar
organization which makes insurance inspections, surveys, reports or recommendations.
TAC RMP-GL (6-7-12)
Page 23 of 31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with Its permission.
15. OTHER INSURANCE OR COVERAGE
If other valid and collectible insurance or liability coverage is available to the covered person for
a loss the Pool covers under Coverages A or B of this Document, the Pool's obligations are
limited as follows:
a. Primary Coverage
This coverage is primary except when b. below applies. If this cove age is primary, the
Pool's obligations are not affected unless any of the other insur r coverage is aiso
primary. Then, the Pool will share with all that other insuranc the method described
in c. below.
b. Excess Coverage
This coverage is excess over:
(1) Any of the other insurance, whether n
basis:
(a)
(b)
ises rented the Named Member or
med Member with permission of the
(c)
ed b~ e Named Member to cover the
tenant for property damage to premises
d Me er or temporarily occupied by the Named
sio of the owner; or
insurance or coverage availabie to the Named Member
ing Iiabilil for damages arising out of the premises or operations for which
med Member has been added as an additional insured or covered
attachment of an endorsement.
When th coverage is excess, the Pool will have no duty under Coverages A or B to
defend covered person against any suit if any other insurer has a duty to defend the
person against that suit. If no other insurer defends, the Pool will undertake to
0, but the Pool will be entitled to the covered person's rights against all those other
insurers.
When this coverage is excess over other insurance, the Pool will pay oniy the Pool's
share of the amount of the ioss, if any, that exceeds the sum of:
(1) The total amount that all such other insurance would pay for the loss in the
absence of this insurance; and
TAG RMP-Gt. (6-7-12)
Page 24 of 31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
(2) The total of all deductible and self-insured amounts under all that other
insurance.
The Pool will share the remaining loss, if any, with any other insurance that is not
described in this Excess Coverage provision and was not bought specifically to appiy in
excess of the Limits of Coverage shown in the Declarations of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits contribution by equal shares
method also. Under this approach each the Pool and each in
amounts until they have paid their applicable limit of cover
of the loss remains, whichever comes first.
will
16. TWO OR MORE COVERAGE DOCUMENTS
If this Document and any other coverag
Pool appiy to the same accident, the gre
coverage documents shall not exce e highe
coverage document. This condition ot app
Pool specifically to apply as excess i e over t
17. SEPARATION OF COVERED PERSONS
Except with respect to the Limits of Coverage, and any rights or duties specifically assigned in
this Coverage Part to the first Named Member, this coverage applies:
a. As if each covered person were the only covered person; and
b. Separately to each covered person against whom claim is made or suit is brought.
18.
By acceptance of thi ocument, the Named Member agrees that the statements in the
Ii' ecla' s are the Named Member's agreements and representations, that
'ss in reliance upon the truth of such representations and that this
ol's By-Laws, the Interlocal Participation Agreement between the Named
001, and the Pool's duly adopted underwriting standards and criteria embody
all agre xisting between the Named Member and the Pool or any of the Pool's agents
relating to IS Document.
19. COMPLIANCE WITH CONDITIONS
If any covered person breaches any condition or warranty of this Document, there shall be no
coverage, including any obligation to defend, for any covered person as to the particular
accident or action in connection with which such breach occurred.
TAG RMP-GL (6-7-12)
Page 25 of 31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
20. CONCEALMENT, MISREPRESENTATION OR FRAUD
This Document is void in any case of fraud by a covered person relating to it. It is also void if
the Named Member intentionally conceals or misrepresents a material fact concerning the
risks covered by this Document.
21. UNINTENTIONAL FAILURE TO DISCLOSE
1. Advertisement means a notice that is broadcast or
market segments about the Named Member's goods, pr
attracting customers or supporters.
It is agreed that the Named Member's failure to disclose all hazards existi
date of this Document shall not prejudice a covered person with respe
afforded by this Document, if such failure or omission was not intenti
2.
Auto means a land motor vehicle, trailer
including any attached machinery or e Ipm
on public roads,
ude mobile equipment.
3. Bodily injury means bodily injury,
resulting from any of these at any tim
4. on qu ying as a covered person in the
ith respect to the Limit of Liability, the
d person who is seeking coverage or
5.
Document m
between the P
Coverage Form,
prising this agreement for general liability coverage
r, including the Declarations, this General Liability
orsements issued to the Named Member by the Pool.
6.
er. Employee does not Include a temporary worker.
7.
which becomes uncontrollable or breaks out from where It was Intended
8.
means tangible property, other than your product or your work, that cannot
seful because:
a.
It orporates your product or your work that is known or thought to be defective,
deficient, inadequate or dangerous; or
b.
the Named Member has failed to fulfill the terms of a contract or agreement; if such
property can be restored to use by:
(1) The repair, replacement, adjustment or removal of your product or your work;
or
(2) The Named Member's fulfilling the terms of the contract or agreement.
TAC RMP-GL (6-7-12)
Page 26 of 31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
9. Insured contract means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of
premises that indemnifies any person or organization for damage by fire to premises
whiie rented to the Named Member or temporariiy occupied by the Named Member with
permission of the owner is not an insured contract;
b. A sidetrack agreement;
c. Any easement or license agreement, except in connection with construction or demolition
operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to indemnify a municipality. except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to the Named Member's
business (including an indemnification of a municipality in connection with work
performed for a municipality) under which the Named Member assumes the tort liability
of another party to pay for bodily injury or property damage 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.
Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies a raiiroad for bodily injury or property damage arising out of
construction or demolition operations, within 50 feet of any railroad property and
affecting any raiiroad bridge or trestle, tracks. road-beds, tunnel, underpass or
crossing;
(2) That indemnifies an architect, engineer or surveyor for injury or damage arising
out of:
'(a)
Preparing, approving, or failing to prepare or approve, maps, shop
drawings, opinions, reports, surveys, field orders, change orders or
drawings and specifications; or
C-'"
Giving directions or instructions, or failing to give them, if that is the
primary cause of the injury or damage; or
(3)
Under which the covered person, if an architect, engineer or surveyor, assumes
liability for an injury or damage arising out of the covered person's rendering or
failure to render professional services, inciuding those listed in (2) above and
supervisory, inspection, architectural or engineering activities.
,
10. Leased worker means a person leased to the Named Member by a labor leasing firm under an
agreement between the Named Member and the labor leasing firm, to perform duties related to
the conduct of the Named Member's business. Leased worker does not include a temporary
worker.
TAC RMP-GL (6-7-12)
Page 27 of 31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
11. Loading or unloading means the handling of property:
a. After it is moved from the place where it is accepted for movement into or onto an aircraft,
watercraft or auto;
b. While it is in or on an aircraft, watercraft or auto; or
c. While it is being moved from an aircraft. watercraft or auto to the place where it is finally
delivered; but loading or unloading does not inciude the moveme t of property by
means of a mechanical device, other than a hand truck, that is n ched to the
aircraft, watercraft or auto.
12. Medical services means:
a. any medical, surgical, psychiatric, psychological, dental, x-ray, n
emergency medical; or other similar services or atments;
b. the prescription, dispensation or furnishing
medical, dental or surgical supplies, equipment or
c. actions by administrative personnel
scheduling, discipline, firing or ot
as described in 12. (a) and 12 b), a
13. Mobile equipment means any of th
machinery or equipment:
a.
Bulldozers, farm
public roads;
icles designed for use principally off
b.
self-propelled or not, maintained primarily to provide mobility to
unted:
wer cranes, shovels, ioaders, diggers or drills; or
Road construction or resurfacing equipment such as graders, scrapers or rollers;
e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are
maintained primarily to provide mobility to permanently attached equipment of the
following types:
(1) Air compressors, pumps and generators, including spraying, welding, building
cleaning, geophysical exploration, lighting and well servicing equipment; or
(2) Cherry pickers and similar devices used to raise or lower workers;
TAG RMP-GL (6-7-12)
Page 28 of 31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other
than the transportation of persons or cargo.
However, self-propelled vehicles with the following types of permanently attached
equipment are not mobile equipment but will be considered autos:
(1) Equipment designed primarily for:
14. Occurrence means an accident, including
same general harmful conditions.
(a) Snow removal:
(b) Road maintenance, but not construction or re
(c) Street cleaning.
(2)
Cherry pickers and similar devices mounted on automob
used to raise or lower workers; and
and
(3) Air compressors, pumps and gener 0
cleaning, geophysical exploration, lightin
15. Official means any duly-elected or
that person holds the office for whic
16. nsequential bodily injury, arising out
a.
b.
c.
ful entry into, or invasion of the right of private
dwellin or premises that a person occupies, committed by or on
r lessor;
publicat n of material that slanders or libels a person or organization or
erson's or organization's goods, products or services;
ublication of material that violates a person's right of privacy;
f. another's advertising idea in the Named Member's advertisement; or
g. In ging upon another's copyright, trade dress or slogan in the Named Member's
advertisement.
17. Pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
TAC RMP-GL (6-7-12)
Page 29 of 31
Board Approved 6-7-12
Includes copyrighted m~terial of Insurance Services Office, Inc. with its permission.
18. Products-completed operations hazard:
a. Includes all bodily injury and property damage occurring away from premises the
Named Member owns or rents and arising out of your product or your work except:
(1) Products that are still in the Named Member's physical possession; or
(2) Work that has not yet been completed or abandoned. However, your work will
be deemed completed at the earliest of the following times'
19.
(a) When all of the work called for in the Named
been completed.
(b)
(c) When that part of the work do
use by any person or organ' a
subcontractor working on the sa
Work that may need service, maint
otherwise complete, will be treat
b. Does not include bodily inj
(1)
in' ry or damage arises out of a
rated by the Named Member, and
or unloading of that vehicle by any
(2)
equipment or abandoned or unused materials;
(3)
which the classification. listed in the Declarations or in
products-compieted operations are subject to the General
angible property, including all resulting loss of use of that property. All
shall be deemed to occur at the time of the physicai injury that caused it;
b.
se of tangible property that is not physically injured. All such loss of use shall be
ed to occur at the time of the occurrence that caused it.
20. Suit means a civil proceeding in which damages because of bodily injury, property damage or
personal and advertising injury to which this coverage applies are alleged. Suit includes:
a. An arbitration proceeding in which such damages are claimed and to which the covered
person must submit or does submit with the Pool consent; or
b. Any other alternative dispute resoiution proceeding in which such damages are claimed
and to which the covered person submits with the Pool's consent.
TAC RMP-GL (6-7-12)
Page 30 of 31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
21. Temporary worker means a person who is furnished to the Named Member to substitute for a
permanent employee on leave or to meet seasonal or short-term workload conditions.
22. Volunteer means a person who is neither an official nor an employee of the Named Member,
but who is performing some act or service on behalf of the Named Member, at the Named
Member's request, within the scope of that request, and in furtherance of the Named
Member's business. Volunteer does not include independent contractors.
23. Your product means:
a. Any goods or products, other than real property, manufacture
or disposed of by:
(1) the Named Member;
(2) Others trading under the Named Memb
(3) A person or organization whose bu
acquired; and
b. Containers (other than vehicles), m
with such goods or products.
Your product includes:
a.
Warranties or representation
durability, performance or use
ith espect to the fitness, quality,
b.
or other property rented to or located for the
24. Your work me
a.
d by the Named Member or on the Named Member's
s or equipment furnished in connection with such work or operations.
a. Warran . or representations made at any time with respect to the fitness, quality,
, performance or use of your work; and
b. The providing of or failure to provide warnings or instructions.
TAG RMP-GL (6-7-12)
Page 31 of 31
Board Approved 6-7-12
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
PUBLIC OFFICIALS LIABILITY
Amendatory Endorsement
Concerning "Criminal and Malicious" Acts and Omissions
For NAMED MEMBERS with Public Officials Liability Coverage. This endorsement changes PART
IV; EXCLUSI .7., and amends PART II, DEFINITION 1. of the COVERAGE DOCUMENT.
It is her
LIABIL
amende
d understood that solely within, and conditioned upon the LIMIT OF
, RSEMENT set forth below, thatPART IV; EXCLUSION A.7., is
s follows:
PART IV - EXCLUSIONS
A. This COVERAGE ' oes not apply to CLAIMS arising out of, in whole or in
part, directly or . ansin in concurrent cause with the following:
7. Maliciou missions of any MEMBER; notwithstanding
the foregoin h rovide a defense under the terms of this
COVERAGE DO t NAMED MEMBER and any MEMBER
sued in his or her TYonly (as defined under PART
II, DEFINITION 1.), wsuit arising or resulting from a
malicious or criminal ac an MEMBER.
This limited duty to defend'
endorsement. The POOL has n
for sums MEMBER becomes leg
CLAIMS against a MEMBER for D
criminal acts or omissions of any MEM
endorsement.
obligation under this
o indemnify any MEMBER
as DAMAGES. All
m any malicious or
excluded from this
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: CPOLlC&M
Endorsement Effective Date: January 01, 2013
Endorsement Retroactive Date: January 01, 2008
Named Member:
Attached to and forming part of Coverage Document Number: PO
T AC/PO (06/08)
Board Approved 06/12/08
c
Page 1 of 2
LIMIT OF LIABILITY OF THIS ENDORSEMENT
It is understood and agreed that the POOL'S LIMIT OF LIABILITY under this endorsement
during the COVERAGE DOCUMENT PERIOD shall not exceed $50,000 per CLAIM and
$100,000 AGGREGATE. This LIMIT OF LIABILITY is a part of, and not in addition to, the
LIMI LIABILITY as set forth in Item C of the Declarations. Nothing contained herein
shall . ued to increase or differ from the LIMITS OF LIABILITY set forth in the
1
,
"'!i
d that PART II, DEFINITION 1., is amended as follows:
1. OFFICIAL CAPACI
that come within the s e
MEMBER. As used in PAR
his or her OFFICIAL CAP A
to impose personal liability on
law.
hall mean only those functions and responsibilities
e of MEMBER for or on behalf of the NAMED
o .7., a suit against an individual MEMBER in
e CLAIMS against a MEMBER which seek
. ons he or she takes under color of state
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: CPOLlC&M
Endorsement Effective Date: January 01, 2013
Endorsement Retroactive Date: January 0 I, 2008
Named Member:
Attached to and forming part of Coverage Document Number: PO
TAC/PO (06/08)
Board Approved 06/12/08
Page2of2
PUBLIC OFFICIALS LIABILITY
Punitive Damages Endorsement
Option A: Within LIMITS OF LIABILITY
In consi
within, and co
PART II, parag
r punitive or exemplary damages, subject to the existing LIMITS OF
ding the definition of DAMAGES in the COVERAGE DOCUMENT.) IJ'
ution paid to the POOL, it is hereby agreed and understood, solei'"
, the "limit of liability of this endorsement" set forth below, that
is amended to delete the following words:
"punitive or exemplary
OF THIS ENDORSEMENT
It is understood and agreed that t
damages under this endorsement
not in addition to the LIMITS OF LIA
contained herein shall be construed to in
in the Declarations.
of the POOL for punitive or exemplary
00,000. This limit of liability is part of, and
Item C of the Declarations. Nothing
the LIMITS OF LIABILITY set forth
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: CPOL/PDEA
Endorsement Effective Date:
Endorsement Retroactive Date:
Named Member:
Attached to and forming part of Coverage Document Number: PO
TACIPO - (01/08)
Board Approved 08/29107
Page: 1
C~
~.
~:
;
TAC/PO - (01/08)
Board Approved 08/29/07
Page: 2
PUBLIC OFFICIALS LIABILITY
Punitive Damages Endorsement
Option B: Addition to LIMITS OF LIABILITY
It is understood and agreed that the limit ofliabili
this endorsement shall not exceed $, This limit oflia
set forth in Item C of the Declm'ations, Nothing containe
from the LIMITS OF LIABILITY set forth in the Declaratio
for punitive or exemplary damages, by amending the definition of DAMAGES in the
ENT,)
ibution paid to the POOL, it is hereby agreed and understood, solely within, .
liability of this endorsement" set forth below, that PART II, paragraph F" ".
e the following words:
ENDORSEMENT
itive or exemplary damages under
the LIMITS OF LIABILITY as
trued to increase or differ
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED,
Endorsement: CPOL/PDEB
Endorsement Effective Date:
Endorsement Retroactive Date:
Named Member:
Attached to and forming part of Coverage Document Number: PO
TAClPO (01/08)
Board Approved 08129/07
Page: I
PUBLIC OFFICIALS LIABILITY
Buck Wages Endorsement
Within LIMITS OF LIABILITY
"back wages"
back wages, subject to the existing LIMITS OF LIABILITY, by amending the
S in the COVERAGE DOCUMENT) II
tion paid to the POOL, it is hereby agreed and understood, solely within, ~
. of liability of this endorsement" set forth below, that PART II, paragraph F,'
following words:
In consi
and conditio
DAMAGES, is
It is understood and agreed that the limit of liability 0
shall be $25,000 per claim and $25,000 aggregate. This
the LIMITS OF LIABILITY as set forth in Item C of the De
construed to increase or differ from the LIMITS OF LIABILI
ages under this endorsement
of, and not in addition to,
ontained herein shall be
eclarations.
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: CPOLIBW
Endorsement Effective Date:
Endorsement Retroactive Date:
Named Member:
Attached to and forming part of Coverage Docmnent Number: PO
TACIPO (01108)
Board Approved 08/29/07
PUBLIC OFFICIALS LIABILITY
Amendatory Endorsement
District Attorney
In consideration of the contribution paid to the POOL, it is hereby a
LIMITS OF LIABILITY OF THIS ENDORSEMENT below, that th
amendments are made to the COVERAGE DOCUMENT:
eed, subject to the
owing
Part II - Definitions, 1. Member is amended to add the followin
udes the NA
torial or other
The district attorney whose designated jurisdictio
county is a MEMBER, but only when acting in his
official capacity within such NAMED ME
Part IV - Exclusions, Paragraph A,4 is a
endorsement only to delete the fa
Part IV - Exclusions is ame
Paragraph C:
nt only to add the following new
ject to the following exceptions to the
usions provided in Part N shall not apply for purposes of
rting elements of claims for malicious prosecution against
e ,an assistant district attorney, or an employee of the district
sty, bad faith, duties in furtherance of or supervision of law
rsuits or activities, and malicious or criminal acts or omissions.
2. The exclusion for malicious prosecution provided in Part IV, paragraph A, 4
shall not apply to a claim for malicious prosecution against a district attorney, an
assistant district attorney or any other employee of the district attorney.
TAC-PO/DA - (11/10)
Board Approved 8-20-10
LIMITS OF LIABILITY OF THIS ENDORSEMENT
It is understood and agreed that the limit of liability of the POOL pertaining solely to
the coverage afforded to a district attorney for malicious prosecution under this
endorsement shall be $500,000 per claim and $1,000,000 aggregate. This limit of liability
is a part of, and not in addition to, the LIMITS OF LIABILITY as set forth in Item C of
the Declarations.
The limit of liability pertaining to the coverage afforded to a dis
other than malicious prosecution under this endorsement sh
OF LIABILITY shown in Item C of the Declarations. This liml
and not in addition to, the LIMITS OF LIABILITY as set forth in
Declarations.
The limit of liability pertaining to the covera
or other employee of the district attorney
shown in Item C of the Declarations.
addition to, the LIMITS OF LIABILI
ITIONS AND EXCLUSIONS OF THE COVERAGE
Endorsement Effective Date:
Named Member:
Endorsement Retroactive Date:
Attached to and forming part of Coverage Document Number:
TAC-PO/DA - (11/10)
Board Approved 8-20-10
PUBLIC OFFICIALS LIABILITY
Amendatory Endorsement
County Attorney - Malicious Prosecution
In consideration of the contribution paid to the POOL, it is hereby agreed, subject to the
LIMITS OF LIABILITY OF THIS ENDORSEMENT below, that the following
amendments are made to the COVERAGE DOCUMENT:
Part IV - Exclusions, Paragraph A,4 is amended by this endo
following words:
hall not apply for purposes of
s or malicious prosecution against
, uties in furtherance of or supervision
s, and malicious or criminal acts or
Part IV - Exclusions is amended by this endo
Paragraph C:
C. This COVERAGE DOCUMENT'
exclusions in Part IV:
omissions.
rosecution provided in Part IV, paragraph A, 4
laim for malicious prosecution against a county attorney.
ITS OF LIABILITY OF THIS ENDORSEMENT
The limit of liability pertaining solely to the coverage afforded to a county attorney for
malicious prosecution under this endorsement shall be $500,000 per claim and
$1,000,000 in the aggregate. This limit of liability is a part of, and not in addition to, the
LIMITS OF LIABILITY as set forth in Item C of the Declarations. Nothing contained in
this endorsement shall be construed to increase or differ from the LIMITS OF
LIABILITY set forth in the Declarations.
TAC/pO - (11/10)
Board Approved 8~20~ 10
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE
REMAIN UNCHANGED.
Endorsement: CPOLjCA
Endorsement Effective Date:
Named Member:
Attached to and forming part of Coverage Document Numbe
TAC/PO - (11/10)
Board Approved 8.20-10
PUBLIC OFFICIALS LIABILITY
Amendatory Endorsement
District Judge
In consideration of the contribution paid to the POOL, it is hereby agreed and understood that the
following amendments are made to the COVERAGE DOCUMENT:
It is understood and agreed that the limit ofliability of the PO
and not in addition to, the LIMITS OF LIABILITY as set forth in
contained herein shall be construed to increase or differ from the LIMt
the Declarations.
Member is amended to add the following:
Part II -
A distric
but only w
MEMBER, or w
Juvenile Board th
ted jurisdiction includes the NAMED MEMBER county is a MEMBER,
I capacity concerning a case filed in the jurisdiction of the NAMED
g administrative matters of either the NAMED MEMBER or a
MEMBER.
Part V . Conditions is am
Q. No duty to defend shall eXI
MEMBER, but the POOL wi de
the State declines to provide a de
R. No duty to payor indenmifY shall e
responsibility to payor indemnifY, nor for
settle on behalf of MEMBER;
S. No govermnental or official immunities are w
ing:
. ch the State of Texas determines that it will defend
if MEMBER requests a degense from the State alld
ich the State of Texas has the
f Texas determines to defend member or
LIMIT OF LIABILITY OF T
sement is a part of,
ions. Nothing
set forth in
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCBANGED.
Endorsement: CPOLIDJ
Endorsement Effective Date:
Endorsement Retroactive Date:
Named Member:
Attached to and forming part of Coverage Document Number:
PUBLIC OFFICIALS LIABILITY
Amendatory Endorsement
Concerning "In Furtherance" and "Budgeting"
For NAMED MEMBERS with this coverage and POOL Law Enforcement Professional Liability
Coverage
5. Any
or activit
however, this
employment p ic
officials of the NAMED
understood that Part IV A (5) is amended to provide the following.
ties in furtherance of or supervision of the law enforcement pursuits ,
ement officials, department or agency of the NAMED MEMBER; ~
at apply to CLAIMS arising out of actual or alleged wrongful
. employees of the NAMED MEMBER who are not elected
to CLAIMS arising out of budgeting for law enforcement.
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: CPOLIF&B
Named Member:
Endorsement Effective Date:
Attached to and forming part of Coverage Document Number: PO
TACIPO (09/09)
Board Approved 6.5-09
PUBLIC OFFICIALS LIABILITY
County Clerk Errors and Omissions Endorsement
Per Texas Local Government Code Section 82.003
Coverage under this endo
or successors in office and to
fthe contribution paid to the POOL, it is hereby agreed and understood that solely with
ought against the MEMBERS listed below that Pmt IV, EXCLUSIONS, Paragraph B,
ollowing language:
In consideratio
respect to C
is amend t
. to CLAIMS by the NAMED MEMBER against the following specific
II
,
spect to the individuals named above, and any replacements
be added.
LIMIT
The limit ofliability pertaining solely t
per claim and $274,000 aggregate.
THIS ENDORSEMENT
through this endorsement shall be $274,000
This limit of liability does not increase the LIMI
Item C. 1. of the Declarations.
However, this limit of liability is in addition to the LIMI
Item C. 2. of the Declarations.
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: CPOLlCC
Endorsement Effective Date:
Endorsement Retroactive Date:
Named Member:
Attached to and forming part of Coverage Document Number: PO
TACIPO - (01108)
Board Approved 08/29/07
PUBLIC OFFICIALS LIABILITY
District Clerk Errors and Omissions Endorsement
Per Texas Government Code Section 51.302(c)
In consideratio
respect to CL
is amend
the contribution paid to the POOL, it is hereby agreed and understood that solely with
ought against the MEMBERS listed below that Part IV, EXCLUSIONS, paragraph B,
ollowing language: lit
to CLAIMS by the NAMED MEMBER against the following specific ,
Coverage under this endor
or successors in office and to
espect to the individuals named above, and any replacements
be added.
LIMIT
The limit ofliability pertaining solely t
per claim and $136,000 aggregate.
THIS ENDORSEMENT
d through this endorsement shall be $136,000
This limit of liability does not increase the LIMI
Item C. 1. of the Declarations.
However, this limit ofliability is in addition to the LIMI
Item C. 2. ofthe Declarations.
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endornement:CPOLf.DC
Endorsemeut Effective Date:
Named Member:
Endorsement Retroactive Date:
Attached to and forming part of Coverage Document Number: PO
TACIPO ~ (01/08)
Board Approved 08/29/07
PUBLIC OFFICIALS LIABILITY
Amendatory Endorsement Concerning Airport
In consideration of the contribution paid to the POOL, it is hereby agreed and understood that the following
language ofthe COVERAGE DOCUMENT in Part II, DEFINITIONS, Section 1. MEMBER, is deleted:
The limit of liability pertaining to the
LIMITS OF UABLITY shown in Ite
,
Y OF THIS ENDORSEMENT
ough this endorsement shall be within the
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement Number: CPOL/AIR
Endorsement Effective Date:
Endorsement Retroactive Date:
Named Member:
Attached to and forming part of Coverage Document Number: PO
TACIPO - (01108)
Board Approved 08/29/07
PUBLIC OFFICIALS LIABILITY
Amendatory Endorsement Concerning Hospital
In consideration of the contribution paid to the POOL, it is hereby agreed and understood that the following
language of the COVERAGE DOCUMENT in Part II, DEFINITIONS, Section 1. MEMBER, is deleted;
,
The limit ofliability pertaining to the coverage
LIMITS OF LIABLITY shown in Item C of t
h this endorsement shall be within the
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: CPOLIHOS
Endorsement Effective Date:
Endorsement Retroactive Date:
Named Member:
Attached to and forming part of Coverage Docmneut Nmnber: PO
TACIPO (01108)
Board Approved 08/29/07
PUBLIC OFFICIALS LIABILITY
Amendatory Endorsement
Limited Defense for Takings Claims
In consideration of the contribution paid to the POOL, it is hereby agreed and understood that,
the POOL will ide, subject to the other provisions of the coverage document, a defense to a
constitutiona tory takings CLAIM that is excluded from coverage pursuant to Part IV A (6);
provide 0 t the POOL:s obligation under this endorsement is limited to $50,000 per CLAIM
and $50, E DOCUMENT PERIOD. This endorsement provides for payment of
defense erein; it does not impose upon the POOL any obligation to indemnify, nor
does it ame 'cability of Part IV (6) to any taking claim as understood under any law.
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: CPOUTAKINGS
Endorsement Effective Date:
Endorsement Retroactive Date:
Named Member:
Attached to and fOlming part of Coverage Document Number:
TACIPO - (9-09)
Board Approved 06/05/09
~5S0C
'" . J"f
2' 1 TEXAS ASSOCIATION Of COUNTIES
\. / RISK MANAGEMENT POOL
C-Oll~1.'\
PART I - COVERAGE AGREEMEN AN
A. What we will pay.............
B. Defense...............................
PUBLIC OFFICIALS LlABILlT.
COVERAGE DOCUMEN
Page
PART II - DEFINITIONS...
..........................................................3
................................................................. 6
............................................................................6
. .........................................................................7
......................................................................................._.....7
.............................................................................................7
PAR
PAR
PART VI -
...................................................................................................9
REPORTING PERIODS ........._................................................ 12
TAC RMP- PO (11-1-2010)
Board approved 8.20-10
PUBLIC OFFICIALS
LIABILITY COVERAGE
THIS IS A CLAIMS MADE FORM.
PLEASE READ THE ENTIRE COVERAGE DOCUMENT CAREFULLY.
The Texas Association of Counties Risk Management Pool ("POOL") was and is created to enable
MEMBER to purchase coverage against liability claims. This is not a contract of insurance, but is an
agreement for liability coverage pursuant to the provisions of Chapter 119 of the Texas Locai Government
Code, and under Chapters 791 and 2259 of the Texas Government Code. Under this agreement, political
subdivisions create and contribute to a pool as an alternative to commercial insura markets.
2.
PART I - COVERAGE AGREEMENT AND CLAIMS MADE
Except to such extent as may otherwise be provided herein, the coverage of
is limited to only those CLAIMS THAT ARE FIRST MADE AGAINST
COVERAGE DOCUMENT PERIOD AND TIMELY REPORTED TO POO~
In consideration of the MEMBER'S contribution to the PO
made by MEMBER in the Application for this cover
COVERAGE DOCUMENT, including any endorsem
presentations
s contained in this
lows:
A_ What we will pay
The POOL will pay on behalf of the M
DOCUMENT, including section LB.,
obligated to pay as DAMAGES or CL
stated in a CLAIM.
I provisions contained in this COVERAGE
hich the MEMBER shall become legally
lely by reason of any WRONGFUL ACT
PROVIDED ALWAYS that the f
1.
e POOL during a COVERAGE DOCUMENT PERIOD (or
ORTING PERIOD, if applicabie); and
. LAIM is first made happened on or after the retroactive date
t have insurance or coverage for such WRONGFUL ACT through any
f insurance or coverage, including any other coverages provided by the
5. d no knowledge or reason to believe at the inception of the first COVERAGE
DOC ERIOD or any extensions or renewals thereof that any WRONGFUL ACT was
likely to result in a CLAIM being made against any MEMBER.
B. Defense
1. Subject to ali of the provisions contained in this COVERAGE DOCUMENT, including, but not
limited to sections I.B.4 and I.B.5, below, the POOL has the right and duty to defend any CLAIM
TAC RMP-PO (11-1-2010)
Board approved 8-20-10
-2-
against the MEMBER alleging a WRONGFUL ACT and seeking DAMAGES on account thereof,
even if a CLAIM is groundless, false or fraudulent. The POOL shall have the right to incur
CLAIMS EXPENSES and to make such investigation and settlement of any CLAIM or suit as may
be deemed expedient by the POOL and the POOL may settle any CLAIM at its sole discretion
and without the consent of the MEMBER. The determination by the POOL as to any settlement
and as to the reasonableness of settlements and CLAIMS EXPENSES shall be conclusive on the
MEMBER. The POOL shall have the right, but not the obligation, to appeal any judgment
adverse to the MEMBER. CLAIMS EXPENSES shall not be deducted from the LIMIT OF
LIABILITY.
2. a. Upon written request to the POOL by NAMED MEMBER for pr -CLAIM involvement of
POOL prior to the formal existence of a CLAIM, the POOL has th , but not the duty, to
designate attorneys, investigators, or other persons to perform work ncur expenses on behalf
of the NAMED MEMBER where the POOL anticipates a CLAIM.
defense of any
GFUL ACT of the
this provision, such
pursuant to any of the
b. If, in the sole discretion of the POOL, employing the servic
other persons to perform work and incur expenses on behalf of an
deemed appropriate to protect POOL interests prior to the formal exist
has the right, but not the duty, to employ such pers s a POOL operat
3. The POOL shall have the right, but not the dut
investigatory, administrative or disciplinary
MEMBER. Should the POOL elect to
election shall not constitute a waiver
provisions of this COVERAGE DOCU
4.
appears to the POOL that the LIMIT OF
be insufficient to payor settle any CLAIM or
there are multiple or competing CLAIMS
'ts sole discretion, tender the remaining
G DOCUMENT, either to the treasury of the
ive funds for the NAMED MEMBER, or the
and ereby exhaust the LIMIT OF LIABILITY under
y the POOL of an amount which would exhaust the
re nsibility or liability of the POOL to pay any amounts
t been incurred by POOL with regard to such CLAIM or
L's duties to defend any MEMBER from any such CLAIM
amount designated as AGGREGATE in the Declarations, the POOL's
MBER shall terminate with regard to and in connection with any CLAIMS
subsequent to the exhaustion of such AGGREGATE, and the POOL
i1ity or liability to pay any amounts for CLAIMS EXPENSES for any such
PART II - DEFINITIONS
A. AGGREGATE - as used herein shall mean the POOL's total liability for DAMAGES resulting from all
CLAIMS first made against the MEMBERS during the COVERAGE DOCUMENT PERIOD and shall
not exceed the amount stated in the Declarations as AGGREGATE regardless of the time when such
CLAIM is paid. In the event the NAMED MEMBER exercises the right to purchase the OPTIONAL
EXTENSION COVERAGE, the AGGREGATE limit for the OPTIONAL EXTENDED REPORTING
PERIOD shall be no more than that which remains of the AGGREGATE limit from the immediately
preceding COVERAGE DOCUMENT PERIOD.
TAG RMP- PO (11-1-2010)
Board approved 8-20~ 10
-3-
B. CLAIM - as used herein shall mean a written demand received by the MEMBER specifically for money
DAMAGES, selVice of suit or institution of arbitration proceedings against the MEMBER, but does not
include:
1. any demand or suit based upon a WRONGFUL ACT performed while MEMBER was engaged in
any activity for which MEMBER received compensation from any source other than the NAMED
MEMBER or was engaged other than by and through the specific authority of the NAMED
MEMBER;
C_ CLAIMS EXPENSES as used herein shall mean:
2. any demand or suit arising out of a contractual obligation or the brea
constructive and implied contracts and demands or suits under a t
under any theory of estoppel.
f a contract, including
of quantum meruit or
CLAIMS based on or arising out of the same WRONGFUL ACT 0
involving one or more of the MEMBERS, shall be considered a s
considered shall be deemed to have been made solely during the on
PERIOD which includes the time the CLAIM is initially made.
1. Fees incurred by the POOL for an attorney
2. All other fees, costs and expenses r.
appeal of a CLAIM, if incurred by t
employees of the POOL, or of th
of the reguiar claims adjustment
3. ER with the written consent of the POOL,
BER of such written consent from the
4. or ance with section I. B. 2. a. of this COVERAGE
y NAMED MEMBER for pre-CLAIM involvement of
LAIM to perform work and incur expenses on behalf
D. rein shall mean this agreement between the POOL and
rsements incorporated herein.
E. ERIOD - as used herein shall mean that one-year period Designated in
ise specified, or such period as shortened by termination, if any.
NAL EXTENDED REPORTING PERIOD coverage is purchased by the
. way increase the COVERAGE DOCUMENT PERIOD or any renewal thereof,
IONAL EXTENDED REPORTING PERIOD shall be included in the previous
UMENT PERIOD for purposes of application of the AGGREGATE limit of the
F. DAMAGES - as used herein shall mean actual and compensatory money damages only, arising out of
WRONGFUL ACT of MEMBER, and does not include:
1. punitive or exemplary damages, penalties, fines, sanctions, unpaid or withheld wages, back
wages, overtime, back benefits, any similar types of damages, or restitution of any kind for any
such damages just enumerated, even if designated as compensatory or liquidated damages
under any federal or state law;
TAC RMP- PO (11-1-2010)
Board approved 8-20~10
-4-
2. any damages resulting from harm to or interference with property of any MEMBER or any
employee, agent or volunteer of the MEMBER arising out of activity with or employment by
MEMBER, including loss of use of property;
3. any damages resulting from property seized, held, auctioned or sold by MEMBER, including any
forfeited money or other property or its vaiue, or resulting from violation of or interference with
property rights;
4. any amount which may become due and payabie under the terms of any contractual obligation
whether imposed by law or by agreement of MEMBER;
H. LIMIT OF LIABILITY - the LIMIT OF L1ABI
appiicable Limit shown in the Declarat'
5. attorney's fees and any costs, charges, fees or expenses of litigation'
from MEMBER without an accompanying demand for other r
DAMAGES, or that portion of any attorney's fees and any cos
litigation demanded from MEMBER which are attributed or attr
excluded under this COVERAGE DOCUMENT, to any demand
compensatory damages, or to any other demand or matter not co
DOCUMENT.
G. EFFECTIVE DATE - as used herein shall mean the
effective in a COVERAGE DOCUMENT PERIOD.
COVERAGE DOCUMENT shali be consider
DOCUMENT PERIOD.
COVERAGE T becomes
TIVE DATE of a renewal of this
DATE new COVERAGE
f DAMAGES shall be the
ILlTY."
I.
BER and (2) those persons, individually or
ACITY who are duly elected or appointed
or of commissions, boards or other units
BER, and within an apportionment of the
r, any persons acting within the scope of their
t e MED MEMBER in operating the following are
uch duties: (1) airport (2) hospital.
only if the Juvenile Board serves only the NAMED
serves more than one county, the Juvenile Board is a
d on the Juvenile Board is a MEMBER of the POOL. The
oard are MEMBERS only if they are officials or employees or
ed in this section, the term MEMBER does not include any board,
t unless: 1) the entity is created soleiy by and at the discretion of the
verning body, and was not created by statute or in cooperation with another
, es only the NAMED MEMBER's purposes, and not those of any other public
e members of the entity are appointed by, and solely at the discretion of, the
R'S governing body, and are not designated by statute or in cooperation with
The District Attorney is not a MEMBER, nor is a District Judge. An individual serving as Criminal
District Attorney, County/District Attorney or another statutorily-created office that is, effectively, a
combination of the offices of County Attorney and District Attorney is a MEMBER, but only when
performing functions performed by the County Attorney in a county that has a County Attorney.
J. NAMED MEMBER - as used herein shall mean a county or other political subdivision so designated in
the Declarations.
TAG RMP- PO (11-1-2010)
Board approved 8-20-10
- 5-
K. NOTICE OF CLAIM - as used herein shall mean one of the following, whichever occurs first:
1. In the event of a lawsuit against the MEMBER, notice of said suit by service of process or
otherwise; or
2. The MEMBER obtains or receives knowledge or reason to believe that any WRONGFUL ACT
may reasonably be expected to result in a CLAIM.
L. OFFICIAL CAPACITY - as used herein shall mean only those functions and responsibilities that come
within the scope of performance of MEMBER for or on behalf of the NAMED BER.
2.
'ch the
M. OPTIONAL EXTENSION COVERAGE - as used herein shall mean the
purchased in the event the POOL, or the NAMED MEMBER, shal
COVERAGE DOCUMENT as set forth in Part VI of this COVERAGE
N. OPTIONAL EXTENDED REPORTING PERIOD - as used herein shall
NAMED MEMBER elects to purchase OPTIONAL EXTENSION COVERA
O. POOL - as used herein shall mean the Texas Association
P. WRONGFUL ACT - as used herein shall mean
act of neglect or breach of duty including misf
or MEMBERS in their OFFICIAL CAPACIT
them solely by reason of their having serve
atement, omission,
ce by the MEMBER,
matter claimed against
ITY.
A. Limits of liability
1.
ny DAMAGES or CLAIMS EXPENSES shall cease once the applicable
'n the Declarations is exhausted. In no event shall the POOL be required
of the applicable LIMIT OF LIABILITY shown in the Declarations in
1M or CLAIMS.
rising out of the same or reiated act(s), omission(s) or event(s) involving one or
hall be considered a single CLAIM and only one deductible and one LIMIT OF
LIABILITY shall be applicable to such CLAIM. If MEMBER has, or is a beneficiary of, other
COVERAGE DOCUMENTS through the POOL, the POOL shall not be required to pay an amount in
excess of the appropriate LIMIT OF LIABILITY shown in the Declarations in connection with any
CLAIM, it being agreed by POOL and MEMBER that POOL coverages do not overlap with respect to
payment of DAMAGES or CLAIMS EXPENSES.
In no event shall the POOL's total liability for DAMAGES for all CLAIMS, during anyone COVERAGE
DOCUMENT PERIOD, exceed the AGGREGATE stated in Item C, "LIMITS OF LIABILITY," of the
Declarations.
TAC RMP- PO (11-1-2010)
Board approved 8-20~10
-6-
The tender by the POOL of an amount which would exhaust either the LIMIT OF LIABILITY for any
CLAIM, or the aggregate LIMIT OF LIABILITY applicable to all CLAIMS, to the treasury of the NAMED
MEMBER or a person authorized to receive funds for the NAMED MEMBER or the registry of a court
of competent jurisdiction, shall exhaust and terminate any responsibility or liability of the POOL to pay
any amounts for DAMAGES or CLAIM EXPENSES with regard to such CLAIM or CLAIMS.
B. Supplementary payments
The POOL will pay, in addition to the applicable CLAIMS EXPENSES and the LIMIT OF LIABILITY, as
shown in Declarations:
1.
Expenses incurred by the POOL's regular employees, Texas Asso .
employees, if any, or regular claims adjustment contractors In the
CLAIMS;
of Counties ("T AC")
oring and supervision of
2. Interest, but oniy on that portion of any judgment which does no
LIABILITY thereon, which accrues after entry of the judgment and
tendered or deposited into the court registry that portion of the judg
liability;
3. Up to $250 per bond premium on appeal bond
premium on bonds to release attachments'
LIMIT OF LIABILITY. However, in ace
shall have the right, but notthe obligati
and up to $250
ot in excess of the
o appeal, the POOL
bond.
C. Deductible
XPENSES, with regard to a CLAIM, which
t ,Iarations. The Deductible amount stated
and shall not be borne by the POOL. The
t.le entire Deductible shown in the
ED MEMBER, has no personal responsibility for
y covered for the amount of any liability not in
ivil Practices and Remedies Code Section
n of the OL, the POOL may pay all or part of the Deductible amount to
n notification to the NAMED MEMBER, NAMED MEMBER shall promptly
II such expenditures. If the POOL pays any CLAIMS EXPENSES which
amount stated in the Declarations, the NAMED MEMBER, upon
reimburse the POOL for all such expenditures.
unt stated in the Deciarations shall be applicable to each CLAIM involving each
II include payments for DAMAGES and CLAIMS EXPENSES.
PART IV . EXCLUSIONS
A. This COVERAGE DOCUMENT does not apply to CLAIMS arising out of, in whole or in part, directly or
indirectly, or arising in concurrent cause with the following:
1. Fraud, dishonesty or bad faith of any MEMBER; however, notwithstanding the foregoing,
MEMBERS shall be defended, under the terms of this COVERAGE DOCUMENT, as to any
TAG RMP- PO (11-1-2010)
Board approved 8~20-1 0
-7-
claims upon which suit may be brought against them by reason of any alleged fraud or dishonesty
or bad faith on the part of any MEMBER, unless a judgment or other final adjudication thereof
adverse to such MEMBER shall establish that acts of active or deliberate dishonesty or fraud
committed by such MEMBER were material to the cause of action so adjudicated;
2. Bodily injury, sickness, assault or battery, disease or death of any person;
3. Physical Injury to property or loss of use of property;
4. False arrest, false imprisonment, excessive use of force, wrongful detention, wrongful eviction,
wrongful entry, or other invasion of the right of private occupancy, malici prosecution, wrongful
or improper service of process, humiliation, libel, slander, or violatl n individual's right of
privacy;
6. Inverse condemnation, takings as understood
adverse use or nuisance; nor the intention
or escape of pollutants, or potential p
alkalis, toxins, pathogens, chemical
thermal, thermonuclear or otherwise
contaminants, or other pollutant ot
below ground, air, the atmos or
governmental direction or request ME
analyze, examine, treat, detoxify or pol
5. Any acts, services or duties in furtherance of or supervision
activities of any law enforcement officials, department or age
including budgeting for law enforcement; however, this exclusion
arising out of actual or alleged wrongful employment practices bro
NAMED MEMBER who are not elected officials of t MED MEMBER;
, adverse posses , dedication by
ntal disc e, disbursal, release
I soot, fumes, acids,
or radiation, whether
or gases, te materials or irritants,
s of any kind into or upon land, any area
r demands or actions arising from any
test for, monitor, clean up, remove, contain,
or potential pollutants;
7. Malicious or criminai
8. iary capacity as respects any employee benefit plan
9. e same or similar conditions in which any such exposure or
e retroactive date set forth in the Declarations.
10. practice. For the purpose of this exclusion a "medical
es a hea th care liability claim as defined in Section 74.001 of the
Remedies Code, against a physician, physician's assistant or other
1 r act by a MEMBER that restricts limits or prohibits a person or entity's
ertyowned by the person or entity; or 2) to pursue a certain business;
12. d specifications, failure to supply governmental services, and strikes, riots or
13. The failure to pay: a) any bond, including interest on any bond; or b) any debt, financial
guarantee or debenture.
B. This COVERAGE DOCUMENT aiso does not apply to:
1. Any CLAIM by or through any MEMBER against another MEMBER, either individually or
collectively, nor to any CLAIM by any public official on behalf of a MEMBER against any
MEMBER; nor to any CLAIM by a volunteer engaged in activities for any MEMBER against any
TAC RMP- PO (11-1-2010)
Board approved 8-20-10
-8-
MEMBER; however, this exclusion shall not apply to CLAIMS arising out of actual or alleged
wrongful employment practices brought by employees of the NAMED MEMBER who are not
elected officials of the NAMED MEMBER. For the purpose of this exclusion, the term MEMBER
includes an individual that was a MEMBER at the time the claim arose.
2. Demands or actions seeking equitable relief, or redress in any form other than money
DAMAGES; nor to any action, suit or proceeding seeking relief or redress in any form other than
money DAMAGES; nor to any investigatory, administrative, disciplinary, or criminal proceeding
against a MEMBER.
B. Declarations. The Declarations stated by POOL f
constitute terms and conditions for that COVERAGE DO
COVERAGE DOCUMENT for such COVERAGE DOCU
of coverage, the Declarations may be stated in th
PART V. CONDITIONS
A. Compliance with Conditions. If any MEMBER shall breach
COVERAGE DOCUMENT there shall be no coverage, including
MEMBER as to the particular CLAIM or action in connection with which
C. Delivery of this COVERAGE DOCUMENT.
MEMBER shall be considered delivery to
each MEMBER to accept delivery on th ME
MENT to the NAMED
EMBER is authorized by
D.
wal Application for this coverage submitted
or authorized representative, is part of this
POOL on information contained in the
ion uch an Application for coverage which is
'ons of the POOL under this COVERAGE
. The POOL may, at Its sole option, elect to
E.
1. rate with the POOL and upon the request of the POOL, or its
mit to examination by a representative of the POOL under
shall attend hearings, depositions and trials and shall assist in effecting
giving evidence, obtaining the attendance of witnesses in the conduct of
statements to the POOL's representatives and meeting with such
rpose of investigation and/or defense without charge to the POOL.
2. II not, except at its own cost, make any payment, assume or admit any liability,
e or settle any CLAIM or action or incur any expense, without the written consent
of the rst obtained. Any such liabilities admitted, assumed or settled, defenses waived or
any payments made, or expenses, including legal expenses, incurred by MEMBER, without prior
written consent of the POOL, shall be the sole obligation of the MEMBER.
3. Further, MEMBER shall not demand, or agree to, arbitration or mediation of any CLAIM made
against MEMBER without written consent of the POOL first obtained.
4. Each MEMBER agrees to cooperate with the POOL in the prosecution of such CLAIMS, suits,
indemnity actions, cross-claims, and/or counterclaims as the POOL, in its sole discretion, shall
deem to be appropriate with respect to any CLAIM or suit brought against any MEMBER and
each MEMBER agrees to execute such papers as are required to be executed in the defense of
TAC RMP- PO (11-1-2010)
Board approved 8-20-10
-9-
any action against any MEMBER, or with respect to the prosecution of such CLAIMS, suits,
indemnity actions, cross-claims, and/or counterclaims.
5. The NAMED MEMBER is authorized by each MEMBER to give and receive all notices to and
from the POOL on the MEMBER's behalf.
F. Notice to the POOL. As a condition precedent under this COVERAGE DOCUMENT the MEMBER
shall:
1. Promptly and as soon as reasonably practicable report to the POOL all events or occurrences
which could reasonably be expected to result in the POOL being requi to consider a CLAIM
against MEMBER, together with information concerning any particular n by MEMBERS and
including any reasonably obtainable information with respect to s, events, locations and
dates involved;
4. Where conditions precedent i
immediateiy render such notice
the POOL as authorized to' receive
agreed that only noti ndered to
requirement herein.
OOL any demand,
EMBER or by the
of when such demand,
ceived;
2. Immediately upon receipt of a CLAIM or NOTICE OF CLAI
COVERAGE DOCUMENT PERIOD, give the POOL written notice
CLAIM made against said MEMBER together with information concer
by MEMBERS and including any reasonably obt ble information
events, locations and dates involved;
3. In the event suit is brought against a MEM
notice, summons or other process re
MEMBER'S representative, along wit
notice, summons or other process was
uire that notice be given to the POOL,
on(s) or agent(s) specifically designated by
POOL, it being expressly recognized and
'ent for the POOL can satisfy any notice
G.
1. POOL until there has been full compliance with all
In addition, no action may be brought against the POOL
LAIM or suit or proceeding involving this COVERAGE
MEMBER's obligation with respect to the pertinent CLAIM or
een ren ered certain, either by final judgment against the MEMBER by
after actual trial of the issues and appeal has been determined, or if the
has expired without an appeal having been taken, or has been made
erit of the MEMBER, the claimant and the POOL.
2. this COVERAGE DOCUMENT shall give the MEMBER or any person, firm,
anization other than the POOL, any right to join the POOL as a party in any
ing against the MEMBER to determine the MEMBER's liability.
3. In no event shall any action be maintained against the POOL by the MEMBER or any other
person unless such action is brought within two years and one day after such cause of action
accrues.
H. Subrogation. In the event of any payment under this COVERAGE DOCUMENT, the POOL shall be
subrogated to all of the MEMBER's rights of indemnity or recovery therefor, against any individual, firm,
corporation, organization, or any other person, and the MEMBER shall execute and deliver such
instruments and papers and do whatever eise shall be reasonably requested to advance the POOL's
pursuit of its rights, and MEMBERS shall do nothing after any CLAIM is made to prejudice such rights.
TAC RMP- PO (11-1-2010)
Board approved 8-20-10
-10 -
The POOL shall be entitled to take over and conduct, in the name of the MEMBER, for the POOL's
own benefit, any CLAIM to which the POOL is subrogated hereby against any third party. The POOL
may pursue or settle any such CLAIM for its own benefit at its sole discretion.
I. Termination and Non-renewal Provisions.
1. Termination by NAMED MEMBER: This COVERAGE DOCUMENT may be terminated by the
NAMED MEMBER by giving thirty (30) days written notice of termination of this COVERAGE
DOCUMENT to the POOL. Any notice of termination must be delivered by deposit in the U. S.
Mail, certified, return receipt requested.
3. Upon termination of the Interlocal Participation Agreement or termi
DOCUMENT pursuant to any particular provisions he Interlocal Pa
withdrawal or expulsion of NAMED MEMBER from L pursuant to t
Plan of Operation, this COVERAGE DOCUM inate effective 0
termination, withdrawal or expulsion.
RAGE
ement, or
s Bylaws and
e date of said
2. Termination by POOL: This COVERAGE DOCUMENT may be ter
POOL's soie discretion by mailing to the NAMED MEMBER
Deciarations, written notice of termination stating when such
However, the effective date of termination shall be not less th
mailing of the notice.
5. Retained Contributio
end of the COVERAGE
ation st the notice of termination
s not meet the notice requirements of this
ate the COVERAGE DOCUMENT at the
roperly designated as the termination date
4. The effective date and hour of termina .
DOCUMENT. If, however, the date a
given by either the POOL or the
section, then the notice shall
earliest date and hour the noticin
and hour in its notice.
a.
be erminated by the NAMED MEMBER, the POOL
ortion of the contribution.
b.
all be terminated by or on behalf of the POOL, the POOL
proportion of the contribution.
OL, in its sole discretion, may choose not to renew this COVERAGE
written notice to the NAMED MEMBER at least thirty (30) days prior to the
DOCUMENT PERIOD.
J.
s. An increase in contribution or deductible, or reduction in LIMIT OF
GATE, or addition of endorsements to the COVERAGE DOCUMENT, does not
nation or refusal to renew this COVERAGE DOCUMENT.
K. Waiver. Notice to any agent or knowledge possessed by any agent or by any other person of any fact,
condition or other matter which might constitute grounds for denial of coverage shall not effect a waiver
or a change in any part of this COVERAGE DOCUMENT or estop the POOL from asserting any rights,
including a right to deny coverage, under this COVERAGE DOCUMENT, nor shall the terms of this
COVERAGE DOCUMENT be waived or changed except by a written endorsement.
L. Assignment. Assignment of any interest under this COVERAGE DOCUMENT shall not bind the
POOL without its prior written consent.
TAC RMP-PO (11-1-2010)
Board approved 8-20-10
-11-
M. Other Coverage or Insurance. If there is or may be other coverage or insurance against any incident,
loss or CLAIM for which coverage is afforded under this COVERAGE DOCUMENT, the coverage
provided under this COVERAGE DOCUMENT shall be deemed to be excess over any valid and
collectible coverage or insurance available to any MEMBER against whom a CLAIM is made.
MEMBERS shall respond promptly to any reasonable inquiries from the POOL concerning other
coverage or insurance that may be afforded to the MEMBER or certain MEMBERS.
N. Performability in Travis County. This agreement providing for public officials liability coverage by the
POOL has been executed in Travis County and is performable in Travis County.
O. Entire Agreement. The COVERAGE DOCUMENT, the Bylaws and
Interiocai Participation Agreement for the POOL together constitute the e
this agreement cannot be modified except as agreed in writing.
f Operation and the
overage agreement and
P. Payment. Payment of contribution to POOL by NAMED
agreement, shall be made as set forth in the Declarations.
r reasons other than the
les or non- pliance with the terms and
EMBER shall terminate or refuse to renew
ayment of an additional contribution as set
e coverage afforded by this COVERAGE
EMBER during the 12 month period, or
, of such termination. Such OPTIONAL
II only be effective for purposes of any
t PTIONAL EXTENDED REPORTING PERIOD
the Declarations, and subject aiways to the terms,
us and deductible provisions of the COVERAGE
EXTENDED REPORTING PERIOD is exercised.
PTIONAL EXTENDED REPORTING PERIOD, an increase
auction IMIT OF LIABILITY or AGGREGATE, does not constitute a
s COVERAGE DOCUMENT.
. AIMS made and reported subsequent to termination of the COVERAGE
r hereto, if purchased, and shall be referred to in this COVERAGE
NAL EXTENDED REPORTING PERIOD. Individual CLAIMS made and
AL EXTENDED REPORTING PERIOD shall be deemed to have occurred
ERAGE DOCUMENT PERIOD and all terms of the COVERAGE DOCUMENT
The contribution for the OPTIONAL EXTENDED REPORTING PERIOD elected by the NAMED MEMBER
shall be:
A. for a 12 month OPTIONAL EXTENDED REPORTING PERIOD: 100 percent of the full annual
contribution for coverage under this coverage document;
B. for a 24 month OPTIONAL EXTENDED REPORTING PERIOD: 150 percent of the full annuai
contribution for coverage under this COVERAGE DOCUMENT.
TAC RMP- PO (11-1-2010)
Board approved 8~20-1 0
-12-
As a condition precedent to the NAMED MEMBER's right to purchase the OPTIONAL EXTENDED
REPORTING PERIOD coverage, the NAMED MEMBER must tender payment of all contributions and any
unpaid deductibles due for the preceding period of coverage. The NAMED MEMBER's right to purchase
the OPTIONAL EXTENDED REPORTING PERIOD coverage must be exercised by notice in writing and
tendering of the contribution due not later than ten days after the termination of this COVERAGE
DOCUMENT. If such notice and contributions are not timely and properly made, the NAMED MEMBER
shall not at a later date have any right to obtain an OPTIONAL EXTENDED REPORTING PERIOD.
At the commencement of any OPTIONAL EXTENDED REPORTING PERIOD, the entire contribution
therefor shali be deemed earned, and in the event the NAMED MEMBER terminates the OPTIONAL
EXTENDED REPORTING PERIOD before the expiration of its full term for any re n, the POOL shall not
be liable to return to the NAMED MEMBER any portion of the contribution for t TIONAL EXTENDED
REPORTING PERIOD.
TAC RMP- PO (11-1-2010)
Board approved 8-20-10
-13-
LAW ENFORCEMENT LIABILITY
Amendatory Endorsement
Concerning "Fraud or dishonesty or any malicious or criminal act of any Member"
For NAME
PARTI
COVE
ERS with Law Enforcement Liability Coverage. This endorsement changes
N A,2., and adds DEFINITION V. to PART II, DEFINITIONS, of the I)
,.
It is hereby ag:re
LIABILITY OF S
amended and now provi
toad that solely within, and conditioned upon the LIMIT OF
NT set forth below, that PART IV, EXCLUSION A,2., is
A, This COVERAGE D M t apply to CLAIMS arising out of, in whole or
in part, directly or indirect! c ncurrent cause with the following:
2. Fraud or dishonesty or inal act of any MEMBER;
notwithstanding the forego provide a defense under the terms of
this COVERAGE DOCUMEN . D MEMBER and any MEMBER sued
in his or her OFFICIAL CAPAC . under PART II, DEFINITION
V), in any claim or lawsuit arising ud or dishonesty or any
malicious or criminal act of any MEM
This limited duty to defend is the POOL'
The POOL has no duty hereunder to inde
becomes legally obligated to pay as DAMAGE
for DAMAGES arising from any malicious or c .
MEMBER are specifically excluded from this endorse
er this endorsement.
r sums a MEMBER
ainst a MEMBER
. . ns of any
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: CLELlC&M
Endorsement Effective Date:
Endorsement Retroactive Date:
Named Member:
Attached to and forming part of Coverage Docmnent Nmnber: LE
TACILE (06/08)
Board Approved 06/12/08
Pagelof2
LIMIT OF LIABILITY OF THIS ENDORSEMENT
It is understood and agreed that the POOL'S LIMIT OF LIABILITY under this endorsement
during the COVERAGE DOCUMENT PERIOD shall not exceed $50,000 per CLAIM and
$100,000 AGGREGATE. This LIMIT OF LIABILITY is a part of, and not in addition to, the
LIMI LIABILITY as set forth in Item C of the Declarations. Nothing contained herein
shall ued to increase or differ from the LIMITS OF LIABILITY set forth in the
~
that PART II, DEFINITIONS, is amended as follows:
V. OFFICIAL CAPACI
seek to impose persona
state law.
oes not include CLAIMS against a MEMBER which
EMBER for actions he or she takes under color of
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: CLELlC&M
Endorsement Effective Date:
Endorsement Retroactive Date:
Named Member:
Attached to and forming part of Coverage Document Number: LE
l'ACILE (06/0B)
Board Approved 06/12/08
Page 2 of2
LAW ENFORCEMENT PROFESSIONAL LIABILITY
Punitive Damages Endorsement
Option A: Within LIMITS OF LIABILITY
(Adding coverage for punitive or exemplary damages, subject to the existing LIMITS OF LIABILITY,
by amending the definition of DAMAGES in the COVERAGE DOCUMENT.)
In consideraf
within,
paragrap
contribution paid to the POOL, it is hereby agreed alld understood, solely
upon, the "limit of liability of this endorsement" set forth below, that PART II,
amended to delete the following words:
ABILITY OF THIS ENDORSEMENT
It is understood and agreed
under this endorsement sh
to the LIMITS OF LIABIL
be construed to increase or dif
liability of the POOL for punitive or exemplary damages
,000,000. This limit ofliability is part of, and not in addition
C of the Declarations. Nothing contained herein shall
OF LIABILITY set forth in the Declarations.
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: CLEL/PDEA
Endorsement Effective Date:
Endorsement Retro Date:
Named Member:
Attached to and forming part of Coverage Document Number: LE
TAC/PO-(OIl08)
Board Approved 08/29/07
LAW ENFORCEMENT PROFESSIONAL LIABILITY
Law Enforcement Liability Endorsement
Option B: Addition to LIMITS OF LIABILITY
punitive or exemplary damages, by amending the definition of DAMAGES in the
,ENT.)
In consi
conditione
DAMAGES, is
tion paid to the POOL, it is hereby agreed and understood, solely within,
'ability ofthis endorsement" set forth below, that PART II, paragraph H.,
e following words:
"punitive or exemplary da
ENDORSEMENT
It is understood and agreed that the limit of liability 0
this endorsement shall not exceed $. This limit ofliabili
forth in Item C of the Declarations. Nothing contained herei
LIMITS OF LIABILITY set forth in the Declarations.
.' e or exemplary damages under
LIMITS OF LIABILITY as set
o increase or differ from the
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: CLEL/PDEB
Endorsement Effective Date:
Endorsement Retro Date:
Named Member:
Attached to and forming part of Coverage Docmnent Number: LE
TACJLE (OJ/OS)
Board Approved 08129/07
Page: 1
LAW ENFORCEMENT PROFESSIONAL LIABILITY
Amendatory Endorsement
Concerning "In Furtherance" and "Budgeting"
For NAMED MEMBERS with this coverage and POOL Public Officials Liability Coverage
It is hereby a
"4.
ployees and volunteers of NAMED MEMBER, but only with respect to a
, the definition of MEMBER, is amended to add the following section:
a.
. ssions or negligent acts of the Law Enforcement Departments or
arations and only with respect to the activities of such persons while
FORCEMENT ACTIVITIES of the NAMED MEMBER; or
b.
arising out of e 0
in the making of tlie d
for the conduct of acti
Declarations."
ligent acts of public officials of the NAMED MEMBER
IOns co ing the budgeting or other provision of county funds
of aw E ment Departments or Agencies named in the
Additionally, PART II, paragraph U, the defin
following"
LOYMENT, is amended to add the
"In addition, it shall mean the status of being a public em
MEMBER, but only with respect to a CLAIM or CLAIM
a. arising out of errors, omissions or negligent acts of a
or Agencies named in the Declarations and only with res
persons while in furtherallce of the LAW ENFORCEME
NAMED MEMBER; or
b. arising out of errors, omissions or negligent acts of public officials of the NAMED
MEMBER in the making of the decisions concerning the budgeting or other provision of
county funds for the conduct of activities of Law Enforcement Departments or Agencies
name in the Declarations."
ALL OTHER TERMS, CONDITION AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: CLELIF &B
Endorsement Effective Date:
Named Member:
Attached to and forming part of Coverage Document Number: LE
TACILE-F&B (01108)
Board Approved 08/29/07
Page: 1
LAW ENFORCEMENT PROFESSIONAL LIABILITY
Premise Liability Endorsement
Part IV-EXCLUSIONS, Section A, Paragraph 6 is deleted in its entirety. However, notwithstanding
any other provision of this Agreement, for any CLAIM arising from a premise defect, the POOL's duty
to pay DAMAGES is limited to the amount of the NAMED MEMBER's liability under the Texas Tort
Claims Act.
ALL OTHER TERMS, CONDITION AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: CLEL/GL-A
Endorsement Effective Date:
Named Member:
Attached to and fanning part of Coverage Document Number: LE
TAC-CLEUGL-A (01/08)
Board Approved 08/29/01
LAW ENFORCEMENT PROFESSIONAL LIABILITY
Premise Liability Endorsement
Part IV-EXCLUSIONS, Section A, Paragraph 6 is deleted in its entirety, and is replaced by the following:
6. Any premise defect on real property owned or controlled by the NAMED MEMBER
that is b y all inmate or by allY other person that normally occupies the premises.
Notwit any other provision of this Agreement, for any CLAIM arising from a premise
de excluded under this provision, the POOL's duty to pay DAMAGES is limited '....:
to MED MEMBER's liability under the Texas Tort Claims Act. ""
ALL OTHER TERMS, CONDITION AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: CLELlGL-B
Endorsement Effective Date:
Named Member:
Attached to and forming part of Coverage Docmnent Nmnber: LE
rACILE(0l/08)
Board Approved 08/29/07
Law Enforcement Professional Liability
Endorsement - Pool's Right to Exclude Claims Arising from Jail or Detention Facility During the
Remainder of this Coverage Document Period if Member's Jail or Detention Facility Fails to Pass
Next State Inspection
The NAMED MEMBER and the POOL have agreed to make this endorsement a part of the COVERAGE
DOCUMENT se the jail or other detention facility owned or operated by MEMBER failed to pass its
most recent i by the Texas Commission on Jail Standards. In recognition of the fact that the failure
to main pliance with state standards can result in unacceptable increase in liability expos~. '..
for the rs, the POOL reserves the right to exclude from coverage any CLAIMS ariS!
out of any facility that fails to comply in all respects with the standards of the Texas
Commission on ecause MEMBER has demonstrated a commitment to achieve compliance
with applicable r as determined to renew coverage without excluding all CLAIMS
arising from the jail or oth ility during this COVERAGE DOCUMENT PERIOD. However,
ifajail exclusion was pre' ,ponMEMBER for any period of time, and that period of time
remains excluded by sepa ent an claim submitted that is based on an incident that occurred
during the period of time tha '1 ex s imposed, will be excluded from coverage. In addition,
unless the jailor other detentio il erated by MEMBER achieves compliance with all
applicable standards and passes the n y e Texas Commission on Jail Standards, the POOL,
at its sole option, may exclude from c arising from the jailor other detention facility
for the duration of this COVERAGE D This exclusion, once imposed, will remain
in effect until the MEMBER ACHIEVES CO H ALL APPLICABLE STANDARDS
AND THE State certifies such compliance to inspection of the facility. If the POOL
chooses to exercise this option it will advise the and the exclusion will take effect not
earlier than 60 days after this notice of change in cov
ALL OTHER TERMS, CONDITION AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: CLEL/JailExclNotice#2
Named Member:
Attached to and forming part of Coverage Docmnent Nmnber: LEL
TAC-CLEL.JailExcINotice #2 (01/08)
Board Approved 08/29/07
Endorsement Effective Date:
Page: 1
LAW ENFORCEMENT PROFESSIONAL LIABILITY
Jail Exclusion Endorsement
PART IV, paragraph A, is amended to add at the end of the paragraph the following:
118.
Any CLAIM arising out of JAIL."
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: CLEL/16
Endorsement Effective Date:
Named Member:
Attached to and forming part of Coverage Document Number: LE
TAC/LEL/16 (0J/08)
Board Approved 08/29/07
Page: I
LAW ENFORCEMENT PROFESSIONAL LIABILITY
Exclusion Endorsement
It is hereby agreed and understood that as of, Part IV (B), Exclusions is amended to include the following
additional exclusion.
Any cia'
period
ent also does not apply to:
the jail relating to any event, error, omission or negligent act which occurred duri
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN UNCHANGED.
Endorsement: CLELl16b
Endorsement Effective Date:
Named Member:
Attached to and forming part of Coverage Document Nmnber: LE
TAC/LE (01108)
Board Approved 8/29/07
LAW ENFORCEMENT PROFESSIONAL
COVERAGE DOCUMENT
Page
PART I - CLAIMS MADE COVERAGE A
A. What we will pay..............
B. Defense.............................
PART II - DEFINITIONS.
.................................................................7
..........................................................................7
....._.......................................................................7
........._.....................................................................................7
PAR
S. ..............................................................................................8
S ...............................................................................................10
PART VI- EXTENDED REPORTING PERIODS......................................._..................13
TAC RMP- LE (11-1-10)
Board Approved 8-20-10
LAW ENFORCEMENT
PROFESSIONAL LIABILITY COVERAGE
THIS IS A CLAIMS MADE FORM.
PLEASE READ THE ENTIRE COVERAGE DOCUMENT CAREFULLY.
PRO
PART I " CLAIMS MADE COVERAGE
FENSE
The Texas Association of Counties Risk Management Pool ("POOL") was and i
MEMBER to purchase coverage against liability claims. This is not a contr
agreement for liability coverage pursuant to the provisions of Chapter 119 0
Code, and under Chapters 791 and 2259 of the Texas Government Cod
subdivisions create and contribute to a pool as an alternative to commercia
Except as may otherwise be provided herein, the coverage provided by this
limited to oniy those CLAIMS THAT ARE FIRST MADE AGAiNST THE
COVERAGE DOCUMENT PERIOD AND TIMELY REPORTE POOL.
In consideration of the MEMBER'S contribution t
by MEMBER in the Application and any Re al
contained in this COVERAGE DOCUME
follows:
relianc he representations made
his coverage, and subject to all provisions
dorsements hereto, the POOL agrees as
A. What we will pay
all provisions contained in this COVERAGE
y su s which the MEMBER shall become legally
SES by reason of errors, omissions or negligent acts
of LAW ENFORCEMENT ACTIVITIES of MEMBER
1. occurs during the COVERAGE DOCUMENT PERIOD; and
2. Notice oed, by the MEMBER to the POOL during a COVERAGE DOCUMENT PERIOD (or
during the OPTIONAL EXTENDED REPORTING PERIOD, if applicable); and
3. The error, omission or negligent act for which CLAIM is first made happened on or after the
retroactive date set forth in the Declarations; and
4. The MEMBER does not have insurance or coverage for such error, omission, or negligent act
through any other contract or policy of insurance or coverage, including any other coverages
provided by the POOL; and
TAC RMP - LE (11-1-10)
Board Approved 8~20-1 0
-2-
5. The MEMBER had no knowledge or reason to believe at the inception of the first COVERAGE
DOCUMENT PERIOD or any extensions or renewals thereof that any error, omission or negligent
act was likely to result in a CLAIM being made against any MEMBER.
B_ Defense
1. Subject to ali of the provisions contained in this COVERAGE DOCUMENT, including but not limited
to sections I.B.4 and I.B.5, below, the POOL has the right and duty to defend any CLAIM arising
out of the categories of conduct enumerated above brought against the MEMBER, alleging an
error, omission or negligent act and seeking DAMAGES on account th of, even if a CLAIM is
groundless, false or fraudulent. The POOL shall have the right to inc IMS EXPENSES and
to make such investigation and settlement of any CLAIM or suit as e deemed expedient by
the POOL and the POOL may settle any CLAIM at its sole discre without consent of the
MEMBER. The determination by the POOL as to any settleme to t sonableness of
settlements and CLAIMS EXPENSES shall be conclusive on the POOL shall have
the right, but not the obligation, to appeal any judgment adver EMBE AIMS
EXPENSES shall not be deducted from the LIMIT OF LIABILITY.
olvement of
L has the right, II ot the duty, to
expenses on behalf
2. a. Upon written request to the POOL by NAM
POOL prior to the formal existence of a CLAI
designate attorneys, investigators, or other
of the NAMED MEMBER where the POO
b. If, in the sole discretion of the
other persons to perform work a
deemed appropriate to protect
has the right, but not the duty, to e
3. itor and participate in the defense of any
relating to any LAW ENFORCEMENT
t to defend, monitor or participate under this
wal r of any rights the POOL may have pursuant to
UMENT.
4. a CLAIM, if it appears to the POOL that the LIMIT OF
UMENT may be insufficient to payor settle any CLAIM or
ht hereunder, or if there are multiple or competing CLAIMS
S, the POOL may, in its sole discretion, tender the remaining
ailabie under this COVERAGE DOCUMENT, either to the treasury of the
a person authorized to receive funds for the NAMED MEMBER, or the
petent jurisdiction and thereby exhaust the LIMIT OF LIABILITY under this
T. The tender by the POOL of an amount which would exhaust the LIMIT
I terminate any responsibility or liability of the POOL to pay any amounts for
S which have not been incurred by POOL with regard to such CLAIM or
I also terminate POOL's duties to defend any MEMBER from any such CLAIM
5. Upon the exhaustion of the amount designated as AGGREGATE In the Declarations, the POOL's
duties to defend any MEMBER shall terminate with regard to and in connection with any CLAIMS
made against MEMBER subsequent to the exhaustion of such AGGREGATE, and the POOL shall
have no responsibility or liability to pay any amounts for CLAIMS EXPENSES for any such
CLAIMS.
TAC RMP- LE (11-1-10)
Board Approved 8-20-10
- 3-
PART II . DEFINITIONS
A. AGGREGATE - as used herein shall mean the POOL's total liability for DAMAGES resulting from all
CLAIMS first made against the MEMBERS during the COVERAGE DOCUMENT PERIOD and shall not
exceed the amount stated in the Declarations as AGGREGATE regardless of the time when such
CLAIM is paid. In the event the MEMBER exercises the right to purchase the OPTIONAL EXTENSION
COVERAGE, the AGGREGATE limit for the OPTIONAL EXTENDED REPOING PERIOD shall be
no more than that which remains of the AGGREGATE limit from mediately preceding
COVERAGE DOCUMENT PERIOD.
B. BODILY INJURY - as used herein shall mean physical injury to any p
anguish associated with or arising from such physical injury.
cifically for money
BER.
C_ CIVIL RIGHTS - as used herein shall mean a person's rights under the Unite
state constitution, or laws affording a civil right of action fo ages by reason
or liberty.
D. CLAIM - as used herein shall mean adem
DAMAGES, service of suit or institution of arb'
CLAIMS based on or arising out of the sa
omissions or negligent acts, involvin
CLAIM, and a CLAIM so considere
COVERAGE DOCUMENT PERIOD wh
E. CLAIMS EXPENSES - as
1.
2.
from the investigation, adjustment, defense and
e P L, except for those fees, costs, and expenses of
yees ofthe Texas Association of Counties, or expenses of
for the POOL;
orney designated by the MEMBER with the written consent of the POOL,
es incurred after receipt by MEMBER of such written consent from the
were the POOL, in accordance with section I. B. 2. a. of this COVERAGE
onds to a written request by NAMED MEMBER for pre-CLAIM involvement of
the formal existence of a CLAIM to perform work and incur expenses on behalf
MBER.
F. COVERAGE DOCUMENT - as used herein shall mean this agreement between the POOL and
MEMBER, including any endorsements incorporated herein.
G. COVERAGE DOCUMENT PERIOD - as used herein shall mean that one-year period designated in the
Declarations, unless otherwise specified, or such period as shortened by termination, if any.
In the event the OPTIONAL EXTENDED REPORTING PERIOD coverage is purchased by the
MEMBER, it shall in no way increase the COVERAGE DOCUMENT PERIOD or any renewal thereof,
except that any OPTIONAL EXTENDED REPORTING PERIOD shall be included in the previous
TAG RMP- LE (11-1-10)
Board Approved 8-20-10
- 4-
COVERAGE DOCUMENT PERIOD for purposes of application of the AGGREGATE limit of the POOL's
liability.
H. DAMAGES - as used herein shall mean actual and compensatory money damages only, arising out of
an error, omission or negligent act of MEMBER, and does not include;
1. punitive or exemplary damages, penalties, fines, restitution of any kind or sanctions;
2. attorney's fees and any costs, charges, fees or expenses of litigation if any such are demanded
from MEMBER without an accompanying demand for other relief which would constitute
DAMAGES, or that portion of any attorney's fees and any costs, char ,fees or expenses of
litigation demanded from MEMBER which are attributed or attributab y portion of a CLAIM
exciuded under this COVERAGE DOCUMENT, to any demand for other than for actual or
compensatory damages, or to any demand or matter not c under is COVERAGE
DOCUMENT.
I. EFFECTIVE DATE - as used herein shall mean the date the COVE
effective in a COVERAGE DOCUMENT PERIOD. The EFFECTIVE DA
COVERAGE DOCUMENT shall be considered the ECTIVE DATE
DOCUMENT PERIOD.
eration, internment
uct and any LAW
stems.
J. JAIL - as used herein shall mean any places or s
or detention of persons either convicted
ENFORCEMENT ACTIVITIES associated w'
K. LAW ENFORCEMENT ACTIVITY -
activities by a MEMBER: Performanc
L. L for payment of DAMAGES shall be the
TS OF LIABILITY".
M. MEMBER - as used herein
1.
2.
r Agency named in the Declarations and which is duly
diction of the NAMED MEMBER;
ement 0 Icers or other employees or volunteers of each Law Enforcement
et forth in the Declarations as are regularlyempioyed or officially engaged
ACTIVITIES for such Department or Agency.
ployees and volunteers of NAMED MEMBER, not including the District
rict Judge, but only with respect to a CLAIM or CLAIMS:
<a) errors, omissions or negligent acts of the Law Enforcement Departments or
Ag s named in the Declarations and only with respect to the activities of such persons
while in furtherance of the LAW ENFORCEMENT ACTIVITIES of the NAMED MEMBER; or
(b) arising out of errors, omissions or negligent acts of public officials of the NAMED MEMBER
in the making of the decisions concerning the budgeting or other provision of county funds
for the conduct of activities of Law Enforcement Departments or Agencies named in the
Declarations.
5 The Juveniie Board, but oniy if the Juvenile Board serves oniy the NAMED MEMBER's county. If
the Juvenile Board serves more than one county, the Juveniie Board is a MEMBER only if each
county represented on the Juvenile Board is a MEMBER of the POOL. The individuals serving
TAC RMP - LE (11-1-10)
Board Approved B-20~10
- 5-
on the Juvenile Board are MEMBERS only if they are officials or employees or volunteers of the
NAMED MEMBER.
N. NAMED MEMBER - as used herein shall mean a county or other political subdivision so designated in
the Declarations.
O. NOTICE OF CLAIM - as used herein shall mean one of the following, whichever occurs first:
1. In the event of a lawsuit against the MEMBER, notice of said suit by service of process or
otherwise; or
P. OPTIONAL EXTENSION COVERAGE - as used herein shall mean th
purchased in the event the POOL, or the NAMED MEMBER, shall c
COVERAGE DOCUMENT, subject to the conditions as set forth in Pa
DOCUMENT.
2. The MEMBER obtains or receives knowledge or reason to beiie
negligent act may reasonabiy be expected to result in a CLAIM.
Q. OPTIONAL EXTENDED REPORTING PERIOD -
NAMED MEMBER elects to purChase OPTIONA
R. PERSONAL INJURY - as used herein shall
1. False arrest, false imprisonmen
invasion of the right of private oc
2.
3. Libel, slander, defam
S.
T.
1.
e property, including the loss of use thereof; or
any real or personal property, whether direct or indirect or consequential,
al injury, destruction or loss of use of property.
U. - as used herein shall mean the status of being a public employee, a public
f a Law Enforcement Department or Agency named in the Declarations and
se and scope of official duties of that particular public employee, public official, or
volunteer sp lIy for a Law Enforcement Department or Agency named in the Deciarations. In
addition, it shall mean the status of being a public employee, or a public official of the NAMED
MEMBER, but only with respect to a CLAIM or CLAIMS: a. arising out of errors, omissions or
negligent acts of the Law Enforcement Departments or Agencies named in the Declarations and only
with respect to the activities of such persons while in furtherance of the LAW ENFORCEMENT
ACTIVITIES of the NAMED MEMBER; or b. arising out of errors, omissions or negligent acts of
public officials of the NAMED MEMBER in the making of the decisions concerning the budgeting or
other provision of county funds for the conduct of activities of Law Enforcement departments or
Agencies named in the Declarations.
TAC RMP- LE (11-1-10)
Board Approved 8-20-10
-6-
PART III . LIMITS OF LIABILITY
A. Limits of liability
Regardless of the number of:
1. MEMBERS involved in a CLAIM,
2. Persons or entities who sustain DAMAGES, or
B.
the POOL's liability to pay any DAMAGES or CLAIMS EXPENSES s
LIMIT OF LIABILITY shown in the Declarations is exhausted. In no e
pay DAMAGES in excess of the applicable LIMIT OF L1ABILI
connection with any CLAIM or CLAIMS.
3. CLAIMS made,
CLAIMS based on or arising out of the same or related act
one or more MEMBERS shall be considered a single CL.A:
LIABILITY shall be applicable to such CLAiM. If M
COVERAGE DOCUMENTS through the POOL, t
excess of the appropriate LIMIT OF LIABILITY
it being agreed by POOL and MEMBER that R
DAMAGES or CLAIMS EXPENSES.
involving
e LIMIT OF
iary of, other
. to an amount in
ion with any CLAIM,
respect to payment of
In no event shall the POOL's totallia
DOCUMENT PERIOD, exceed the '"
Declarations.
or all CLAIMS, during anyone COVERAGE
in Item C, "LIMITS OF LIABILITY," of the
ex either the LIMIT OF LIABILITY for any
to all CLAIMS, to the treasury ofthe NAMED
NAMED MEMBER or the registry of a court of
any responsibility or liability of the POOL to pay any
h regard to such CLAIM or CLAIMS.
licable CLAIMS EXPENSES and the LIMIT OF LIABILITY, as
the POOL's regular employees, Texas Association of Counties ("TAC")
gular claims adjustment contractors in the monitoring and supervision of
2. on that portion of any judgment which does not exceed the POOL's LIMIT OF
L1AB n, which accrues after entry of the judgment and before the POOL has paid or
tendered or deposited into the court registry that portion of the judgment which is the POOL's
liability;
3. Up to $250 per bond premium on appeal bonds in any suit defended by the POOL and up to $250
premium on bonds to release attachments in any such suit, for an amount not in excess of the
LIMIT OF LIABILITY. However, in accordance with its discretionary right to appeal, the POOL shall
have the right, but not the obligation, to apply for or furnish any appeal bond.
C. Deductible
The POOL will pay only those DAMAGES and CLAIMS EXPENSES, with regard to a
CLAIM, which are in excess of the Deductible amount(s) stated in the Declarations. The Deductible
TAC RMP - LE (11-1-10)
Board Approved 8-20-10
-7 -
amount stated in Declarations shall be borne by NAMED MEMBER and shall not be borne by the
POOL. The NAMED MEMBER is wholly responsible for paying the entire Deductible shown in the
Declarations. A MEMBER, other than the NAMED MEMBER, has no personal responsibility for
paying any portion of the Deductible, and is fully covered for the amount of any liability not in
excess of $100,000, as referenced in Texas Civil Practices and Remedies Code Section 108.002.
At the option and discretion of the POOL, the POOL may pay all or part of the Deductibie amount to
effect settlement, and, upon notification to the NAMED MEMBER, NAMED MEMBER shall promptly
reimburse the POOL for all such expenditures. If the POOL pays any CLAIMS EXPENSES which
fall within the Deductible amount stated in the Declarations, the NAMED M BER, upon notification,
shall promptly reimburse the POOL for all such expenditures.
1. The ownership, operation, management, us
or unloading, or entrustment to others of
motor driven equipment, and any polic'
above;
The Deductible amount stated in the Declarations shall be applica
MEMBER and shall include payments for DAMAGES and CLAIM
PART IV. EXCLUSIONS
A. This COVERAGE DOCUMENT does not apply to CLAI
indirectly, or arising in concurrent cause with the following
onstration, loading
ft, watercraft, or any
ocedures related to the
2. Fraud or dishonesty or any mali
3. ployment or to applicants for employment,
cts relating to empioyment, including the
f es and benefits; any work-relab~d bodily
, ompensation could be made;
4. e or similar conditions in which any such exposure
e set forth in the Declarations;
5. perty rights or a reduction or loss in the value of real or
RTY DAMAGE; nor to inverse condemnation, takings as
, adver possession, dedication by adverse use or nuisance; nor to the
accidental discharge, disbursal, release or escape of pollutants, or potential
oke, vapors, soot, fumes, acids, alkalis, toxins, pathogens, chemicals,
activity or radiation, whether thermal, thermonuclear or otherwise, solids,
materials or irritants, contaminants, or other pollutants or potential
d into or upon land, any area below ground, air, the atmosphere, or water; nor
Ions arising from any governmental direction or request that the MEMBER test
up, remove, contain, analyze, examine, treat, detoxify or neutralize pollutants or
poten nts. However, for purposes of this exclusion, tear gas, mace or similar substances
shall not be considered pollutants or potential pollutants when used or handled in the performance
of a LAW ENFORCEMENT ACTIVITY;
6. Any premise defect on the real property of MEMBER or on real property under the control of
MEMBER;
7. The performance or non-performance of judicial acts or judicial duties; nor to the performance or
non-performance of prosecutorial acts or prosecutorial duties.
TAC RMP- LE (11-1-10)
Board Approved 8-20-10
- 8-
B. This COVERAGE DOCUMENT also does not apply to:
1. Any CLAIM which alleges, involves or arises from any liabilities, responsibilities, duties or activities
assumed, undertaken or accepted by any MEMBER pursuant to any contract or agreement
whether written, oral, or implied. This exclusion does not apply to CLAIMS brought against a
MEMBER that are othelWise covered under this COVERAGE DOCUMENT that arise from the
LAW ENFORCEMENT ACTIVITIES of an employee of the NAMED MEMBER pursuant to a
mutual law enforcement assistance agreement, so long as the employee has been assigned to
perform such activities as part of his or her employment with the NAMED MEMBER.
2. Any act, service, or duty for which a
engaged other than by a Law En em
Declarations. However, this pro
LAW ENFORCEMENT ACTIVIT
MEMBER receives compensation f
ENFORCEMENT ACT TV is und
ENFORCEMENT AC d suc
For the purposes of this provision, "employee" means an individual
appointed by either the governing body or an elected official of the NA
salary by the NAMED MEMBER; and 3) is entitled to receive as c
MEMBER the same benefits afforded to other employees of th
circumstances does this provision provide coverage to any indivi
NAMED MEMBER as defined in this section.
Under no circumstances does this COVERAGE DOCUMENT provide
than the NAMED MEMBER. Coverage is not provid r any entity that i
enforcement assistance agreement to which the MEMBER is a
provided to any other entity that enters into a orcement assista
the NAMED MEMBER. The terms of a ent assist
become a part of this COVERAGE DOCU
yother
utuallaw
Is coverage
agreement with
agreement do not
mpensated or othelWise
or Agency 0 other Agency named in the
de a CLAIM arising out of performance of a
BER during a period of time for which said
ED MEMBER, if performance of such LAW
the NAMED MEMBER and if such LAW
e authorized by NAMED MEMBER;
3.
seized, held, auctioned or sold by MEMBER,
or for the value of such money or other property;
4.
relief, or redress in any form other than money DAMAGES;
sts, arges, attorneys fees or other fees or expenses in relation
seeking relief or redress in any form other than money
, administrative, disciplinary, or criminal proceeding against a
ugh any MEMBER against another MEMBER, either individually or
1M by any public official on behalf of a MEMBER against any MEMBER;
by any public official or any governmental department or agency against any
ny CLAIM by a volunteer engaged in activities for any MEMBER against any
any CLAIM which alleges or involves PROPERTY DAMAGE to property of any
MEM property of any employee, official, agent or volunteer of the MEMBER arising out of
or in the course of activity with or employment by the MEMBER, including loss of use of property.
For the purpose of this exclusion, the term MEMBER includes an individual who was a MEMBER
at the time the CLAIM arose.
6. Any medical malpractice claim, including a health care liability claim as defined in Section
74.001 of the Texas Civil Practice & Remedies Code, against a physician, physician's assistant
or other health care provider.
TAC RMP - LE (11-1-10)
Board Approved 8-20-10
-9-
PART V - CONDITIONS
A. Compliance with Conditions. If any MEMBER shall breach any warranty or condition of this
COVERAGE DOCUMENT there shall be no coverage, including any obligation to defend, for any
MEMBER as to the particular CLAIM or action in connection with which such breach occurred.
B. Declarations. The Declarations stated by POOL for any COVERAGE DO
terms and conditions for that COVERAGE DOCUMENT PERIOD
COVERAGE DOCUMENT for such COVERAGE DOCUMENT PERI
coverage, the Declarations may be stated in the form of an extension
1. OOL and upon the request of the POOL, or its
n by a representative of the POOL under oath,
epositions and trials and shall assist in effecting
ining the attendance of witnesses in the conduct of
to t POOL's representatives and meeting with such
igation and/or defense without charge to the POOL.
C. Delivery of this COVERAGE DOCUMENT. Delivery of this COVERAG
MEMBER shall be considered delivery to each MEMBER and the NAMED
each MEMBER to accept delivery on the MEMBER's beh
D. Application for Coverage. The Application and
to the POOL, which is signed by MEMBER or it
COVERAGE DOCUMENT for purposes of
Application. Any substantial mistake or mi
relied upon by the POOL terminates all
DOCUMENT, including those of pa
waive termination of any part of its 0
E.
2. x s own cost, make any payment, assume or admit any liability,
ttle any CLAIM or action or incur any expense, without the written consent
ed. Any such liabilities admitted, assumed or settled, defenses waived or
expenses, including legal expenses, incurred by MEMBER, without prior
OL, shall be the sole obligation of the MEMBER.
3. shall not demand, or agree to, arbitration or mediation of any CLAIM made
without written consent of the POOL first obtained.
4. Each M ER agrees to cooperate with the POOL in the prosecution of such CLAIMS, suits,
indemnity actions, cross-claims, and/or counterclaims as the POOL, in its sole discretion, shall
deem to be appropriate with respect to any CLAIM or suit brought against any MEMBER and each
MEMBER agrees to execute such papers as are required to be executed in the defense of any
action against any MEMBER, or with respect to the prosecution of such CLAIMS, suits, indemnity
actions, cross-claims, and/or counterclaims.
5. The NAMED MEMBER is authorized by each MEMBER to give and receive all notices to and from
the POOL on the MEMBER's behalf.
TAG RMP- LE (11-1-10)
Board Approved 8-20-10
-10 -
F. Notice to the POOL As a condition precedent under this COVERAGE DOCUMENT the MEMBER
shaii:
1. Promptly and as soon as reasonably practicable report to the POOL all events or occurrences
which could reasonably be expected to result in the POOL being required to consider a CLAIM
against MEMBER, together with information concerning any particulars known by MEMBERS and
inciuding any reasonably obtainable information with respect to persons, events, locations and
dates involved;
2. Immediately upon receipt of a CLAIM or NOTICE OF CLAIM by MEMBER, and during a
COVERAGE DOCUMENT PERIOD, provide the POOL written notice 0 ny CLAIM or NOTICE
OF CLAIM made against said MEMBER together with information rning any particulars
known by MEMBERS and including any reasonably obtainable infor with respect to persons,
events, locations and dates involved;
4. Where conditions precedent in this paragra
immediately render such notice or report to t
POOL as authorized to receive such n
agreed that oniy notice rendered to a
requirement herein.
3. In the event suit is brought against a MEMBER, immediately fo
notice, summons or other process received directly or indirectly
MEMBER'S representative, along with a precise statement to the P
notice, summons or other process was received, an whom it was rece
to the POOL,
iy designated by the
sly recognized and
can satisfy any notice
G. Action Against the POOL
1.
til there has been full compliance with all
ction may be brought against the POOL
r proceeding involving this COVERAGE
ligation with respect to the pertinent CLAIM or
, e t r by final judgment against the MEMBER by the
s and appeal has been determined, or if the time to
an al having been taken, or has been made certain by
claimant and the POOL.
2.
E DOCUMENT shaii give the MEMBER or any person, firm,
n other n the POOL, any right to join the POOL as a party in any action
e MEMBER to determine the MEMBER's liability.
ion be maintained against the POOL by the MEMBER or any other person
ght within two years and one day after such cause of action accrues.
H. ent of any payment under this COVERAGE DOCUMENT, the POOL shall be
MEMBER's rights of indemnity or recovery therefor, against any individual, firm,
corporation, ation, or any other person, and the MEMBER shall execute and deliver such
instruments and papers and do whatever eise shall be reasonably requested to advance the POOL's
pursuit of its rights, and MEMBERS shaii do nothing after any CLAIM is made to prejudice such rights.
The POOL shall be entitled to take over and conduct, in the name of the MEMBER, for the POOL's own
benefit, any CLAIM to which the POOL is subrogated hereby against any third party. The POOL may
pursue or settle any such CLAIM for its own benefit at its sole discretion.
I. Termination and Non-renewal Provisions.
1. Termination by NAMED MEMBER: This COVERAGE DOCUMENT may be terminated by the
NAMED MEMBER by giving thirty (30) days written notice of termination of this COVERAGE
DOCUMENT to the POOL. Any notice of termination must be delivered by deposit in the U. S.
Mail, certified, return receipt requested.
TAC RMP-LE (11-1-10) -11-
Board Approved 8-20-10
2. Termination by POOL: This COVERAGE DOCUMENT may be terminated by the POOL at the
POOL's sole discretion by mailing to the NAMED MEMBER at the address shown in the
Declarations, written notice of termination stating when such termination shall be effective.
However, the effective date of termination shall be not less than sixty (60) days from the date of
mailing of the notice.
3. Upon termination of the Interlocal Participation Agreement, or termination of this COVERAGE
DOCUMENT pursuant to any particular provisions of the Interlocal Participation Agreement, or
withdrawal or expulsion of NAMED MEMBER from the POOL pursuant to the POOL's Bylaws and
Plan of Operation, this COVERAGE DOCUMENT shall terminate effec' e on the date of said
termination, withdrawal or expulsion.
J.
4. The effective date and hour of termination stated in the notice sh
DOCUMENT. If, however, the date and hour of termination
given by either the POOL or the NAMED MEMBER does not me
section, then the notice shall be effective to terminate the COVERA
date and hour the noticing party could have properly designated as the
its notice.
5. Retained Contribution Proportions;
a. If this COVERAGE DOCUMENT s
shall retain the customary short ra
EMBER, the POOL
b. If this COVERAGE DOCUM
shall retain the customary
alf of the POOL, the POOL
6.
ay choose not to renew this COVERAGE
BER at ieast thirty (30) days prior to the
n or deductible, or a reduction in LIMIT OF
ements to this COVERAGE DOCUMENT, does not
ERAGE DOCUMENT.
K.
ssessed by any agent or by any other person of any fact,
stitute grounds for denial of coverage shall not effect a waiver
E DOCUMENT or estop the POOL from asserting any rights,
erage, under this COVERAGE DOCUMENT, nor shall the terms of this
waived or changed except by a written endorsement.
L.
nt of any interest under this COVERAGE DOCUMENT shall not bind the POOL
onsent.
M. Other Cove r Insurance. If there is or may be other coverage or insurance against any incident,
loss or CLAIM for which coverage is afforded under this COVERAGE DOCUMENT, the coverage
provided under this COVERAGE DOCUMENT shall be deemed to be excess over any valid and
collectlbie coverage or insurance available to any MEMBER against whom a CLAIM is made.
MEMBERS shall respond promptly to any reasonable inquiries from the POOL concerning other
coverage or insurance that may be afforded to the MEMBER or certain MEMBERS.
N. Performability in Travis County. This agreement providing for law enforcement professional liability
coverage by the POOL has been executed in Travis County and is performable in Travis County.
0_ Entire Agreement. The COVERAGE DOCUMENT, the Bylaws and Plan of Operation and the
Interlocal Participation Agreement for the POOL together constitute the entire coverage agreement and
this agreement cannot be modified except as agreed in writing.
TAC RMP - LE (11-1-10) - 12-
Board Approved 8~20-1 0
P- Payment. Payment of contribution tD POOL by NAMED MEMBER, as consideratiDn fDr this agreement,
shali be made as set forth in the Declarations.
PART VI - EXTENDED REPORTING PERIODS
If the POOL shali terminate or refuse to renew this COVERAGE DOCUMENT fDr reaSDns Dther than the
NAMED MEMBER's nDn-payment Df contributions and/or deductibles Dr non-compli nce with the terms and
conditions of this COVERAGE DOCUMENT, Dr the NAMED MEMBER shall te te Dr refuse to renew
this COVERAGE DOCUMENT, the NAMED MEMBER, upon payment Df an Dnal contributiDn as set
forth herein, shali have the Dption to extend the claims made cDverag ded by is COVERAGE
DOCUMENT to apply tD CLAIMS first made against the NAMED MEMB . g the Dnth periDd, or
the 24 month period, immediately foliowing the EFFECTIVE DATE Df suc .. uch OPTIONAL
EXTENDED REPORTING PERIOD is limited to and shali only be effec Dses of error,
omissiDn or negligent act committed prior to the date On which the OPTIONAl: DED TING
PERIOD commenced and after the retrDactive date set fDrth . e Declarations, ys to the
terms, cDnditions, definitions, limits of liability, exclusiDns a ductibie provisiD OVERAGE
DOCUMENT in effect on the date the OPTIONAL EXTENDED TING PERIOD is ised.
With respect to the triggering Df the right to an OPTI
in contribution or deductible, or reductiDn in L1M
terminatiDn or refusal to renew this COVERAGE
ERIOD, an increase
, does nDt cDnstitute a
The extensiDn of cDverage for CLAIMS
DOCUMENT shall be endDrsed hereto,
DOCUMENT as the OPTIONAL EXTENDED
during any OPTIONAL EXTENDED REPORTI
sequent tD terminatiDn of the COVERAGE
shall be referred tD in this COVERAGE
10D. Individual CLAIMS made and repDrted
deemed to have occurred
during the most recent COVE
shall apply.
d all terms of the COVERAGE DOCUMENT
The contribution for t
shali be:
RTING PERIOD elected by the NAMED MEMBER
A.
EPORTING PERIOD: 100 percent Df the fuli annual
ge document;
B.
EXTENDED REPORTING PERIOD: 150 percent of the fuli annual
r this COVERAGE DOCUMENT.
As a reced 0 t e NAMED MEMBER's right to purchase the OPTIONAL EXTENDED
REPORTING PERIOD age, the NAMED MEMBER must tender payment of all contributiDns and any
unpaid deduct' e preceding period Df coverage. The NAMED MEMBER's right to purchase the
OPTIONAL E REPORTING PERIOD cDverage must be exercised by notice in writing and
tendering of the contributiDn due not later than ten days after the terminatiDn of this COVERAGE
DOCUMENT. If such notice and contributions are nDt timely and properly made, the NAMED MEMBER shali
not at a later date have any right to obtain an OPTIONAL EXTENDED REPORTING PERIOD.
At the cDmmencement of any OPTIONAL EXTENDED REPORTING PERIOD, the entire cDntribution
therefor shali be deemed earned, and in the event the NAMED MEMBER terminates the OPTIONAL
EXTENDED REPORTING PERIOD befDre the expiratiDn of its fuli term for any reaSDn, the POOL shall nDt
be liable to return to the NAMED MEMBER any pDrtion of the contributiDn for the OPTIONAL EXTENDED
REPORTING PERIOD.
TAC RMP - LE (11-1-10)
Board Approved 8-20~10
-13-
TEXAS ASSOCIATION OF CO"
RISK MANAGEMENT POOL
TACRMP-PR(7-1-12)
Board Approved 6-7-12
1. MEMBER AND MAILING ADDRESS
TEXAS ASSOCIATION OF COUNTIES
RISK MANAGEMENT POOL
PROPERTY COVERAGE DOCUMENT
G~~"
SECTION A
CONTRACT DECLARA TI
MEMBER NAME:
MAILING ADDRESS:
COVERAGE DOCUMENTNUMBE
2. COVERAGEDOCUMENTPE
FROM
TO
Original Inception Date:
3. CONTRIBUTION
4.
the terms, exclusions, limits md conditions
d hereon, insures against all risks of direct and accidental
insured property as described herein, provided such loss or
Coverage Document Period.
This Documen sued by
representative of the Pool on
, as authorized
at Austin, Texas.
TACRMP-PR(7-1-12)
Board Approved 6-7-12
D-l
5. USE OF INSURANCE TERMS
The Texas Association of Counties Risk Management Pool ("the Pool") was created
by interlocal agreement to enable its MEMBERS to obtain cov ge against various
types of risk. For convenience and clarity, this document may;" terms customarily
used in the insurance indusny, but this is not a conn'act of i nce. It' an
agreement between political subdivisions to cover certain . Ity a . risk ,
pursumt to the provisions of Chapters 791 and 2259 of xas G ent QE
The Pool's MEMBERS, which are political subdivisions. of Texa
participate in Pool as an altemative to commercial insurance.
A. Insuring Agreement mems this Coverage
exclusions, limits and conditions contai
against all risks of direct md accide
property as described herein, provi
policy period.
B. Pool or Pool's shall mean Tex
C. Contribution means the amoun
coverage.
D. Coverage Document me
Mmagement Pool Property
the exact coverage provided.
E. Contract Declarations means t
incorporated into age D
the coverages, Ii .
by Member, includl
Declarations of Covera
F. Member means the political
cunent p e Pool
terms,
on, covers
to insured
" urs during the
6. DEFINITIONS
Counties Risk Management Pool.
ember to the Pool for this
. on of Counties Risk
. cument that sets forth in detail
'0/
of Coverage attached to and
ent, s tting forth the specific indication of
tributions md special provisions elected
'.c."made by issuance of any amendatory
rsement.
. ion within the State of Texas which is a
designated in the Declarations.
7.
t covers Locations in the United States of America.
TAC RMP- PR (7-1-12)
Board Approved 6-7-12
D-2
8. COVERED LOCATION
A. The coverages under this Coverage Document apply to a Covered Location
unless otherwise provided.
A Covered Location is a location:
1) Listed on a schedule on file with the Pool;
2) Covered as a Miscellaneous Unnamed Location; or
3) Covered under the terms and conditions of the Automatic Co
and Omissions, and/or Property in th urse of Construction an .
Costs.
B. References and Application. The fa
Coverage Document mean: .
Location:
I) As specified in the Sc
Unnamed Locations;
2)
sUed Location, a building or
clear land space or open
dry wide separation. Any bridge or
r waterway will render such separation
'eferences and Application.
9.
The Member
inception.
100% replacement cost values by location at
. lying SERVICE INTERRUPTION AND CNIL
e, the Wailing Period is twenty-four (24) hours.
TACRMP-PR(7-1-12)
Board Approved 6-7-12
D-3
11. LIMITS OF LIABILITY
The Pool's maximum Limit of Liability in a single OCCUlTence regardless of the
number of Locations or coverages involved will not exceed the al Insured Value
as shown below on the Contract Declarations Page or subse t mnended
coverage schedules. The terms and conditions in this doc includipg the
"".>:i--..--
sublinllts shown in the Contract Declarations, constitute, rognuw,"CS'"a whole for
the Member. The sublimits shown in the Contract De ns a part of,.Ac;
do not increase, allY Limits of Liability of the program. f liabil' S
shown as applying in the Aggregate dUling Any Contract Ye, ol's um
limit of liability will not exceed such limit during allY contract ye of the
number of locations involved.
SCHEDULE OF PROPERTY AND LIMITS
Real and Personal Propelty
Accounts Receivable
Gross Earnings and Extra Expense
Loss of Rents
Fences (not all integral pmt of a Covered Locati
Law Enforcement Dogs/Horses
Mobile Equipment (includes Mo
Scheduled Values for
Member's Name
Communication Towers C
Piers, Docks, Pilings, an
As scheduled
500,000 or as specifically scheduled
~" ,000 or as s ecifically scheduled
500,000 or as specifically scheduled
As scheduled
As scheduled
As scheduled; not to exceed $500,000 for
allY one piece of Mobile Medical
Equi ment
As scheduled
As scheduled; not to exceed $500,000 any
one location, subject to $1,000,000 allY
one occurrence
As scheduled; not to exceed $1,000,000
Fine Arts
. elsewhere in this Coverage Document, the following
UTOMATIC COVERAGE
TERRUPTION BY CIVIL AUTHORITY
EXTENDED PERIOD OF INDEMNITY
TAC RMP- PR (7-1-12)
Board Approved 6-7-12
D-4
The following Sublinlits apply on a per occunence basis, unless otherwise stated. Any
Sublimit shown as an annual aggregate applies per occunence and to all losses for that
peril/coverage during the Coverage Document telID.
Coverage
Automatic Coverage - 90 Day Limitation
$500,000
$1,000,000
Demolition & Increased Cost of Construction
Contingent Business Interruption/Contingent Extra Ex en~e
Debris Removal (Lesser of 25% of Loss or limit shown
Decontamination Costs
Eal1hquake
EQUIPMENT BREAKDOWN, including
Spoilage
Service Intenuption
Business Interruption
Extra expense
Expediting Expense
Hazardous Substance
Ammonia Contamination
Data & Media
CFC Remgerants
Computer Equi ment
Errors and Omissions
Evacuation (of Patients) Expense (0
occurs at a Member's location)
Expediting Expense
Extended Period of Ind
period of 180 days or lim
Flood -as respects Locatio
within SPECIAL HAZARD
Flood - Exce L HAZ
'wholly or partially
FOR FLOOD
ZONES FOR FLOOD
$1,000,000 per OCCUlTence subject to
$1,000,000 annual aggregate
$5,000,000 per OCCUlTenCe subject to
$5,000,000 annual aggregate
$25,000 or as scheduled
$1,000,000
Garagekee
Interruptio
sustained fj
a 5 mile limitation.
Land and Water Poll '
sser of actual loss
or linrit shown), subject to
Landscape Improvements
$100,000 subject to $1,000,000 annual
aggregate
$100,000, subject to $1,000 for any
one tree or shrub
$500,000
Leasehold Interest
TACRMP-PR(7-1-12)
Board Approved 6-7-12
D-5
12. DEDUCTIBLE(S)
$1,000,000
As scheduled; not to exceed
$50,000,000
$2,500 per OCCUlTence
$100,000
2,500,~~0 or as specifically
I.'<""",.~
iliff..scheduled
$1,O@:f!?OOO or cifically
t to exc 2,500,000
$500,000
Miscellaneous Unnamed Locations - Any One Location
NAMED STORM
Personal Pro elty of Others: not subject to deductible
Professional Fees
Propelty in the Course of Construction and Soft Costs
Valuable Papers, Records and EDP Media
Service Intenuption - Propelty Damage and Time Element
combined
Temporary Removal
Trmsit (Propelty Damage & Time Element combined
Anyone Watercraft, 27 feet or less in length
t $1,000,000 for
e purpose of being
repaired or serviced
$500,000
$150,000
00,000 Aggregate anyone
occurrence)
A. NAMED STO
cts losses fi'om the perils of Wind, Hail and Flood resulting
RM involves loss or damage at more thm one Location, the
shall be calculated separately for each Location suffering loss
plied separately to the adjusted loss at each Location, but in no
event s e total deductible to be applied to a single occurrence with respect to
such losses be less thm the minimum amount of $50,000, for all such loss or
damage at all Locations combined.
TAC RMP- PR (7-1-12)
Board Approved 6-7-12
D-6
In the event that the Member maintains underlying insurance through the
Texas Windstorm Insurance Association (TWIA), it is agreed that this contract
excludes the perils of Wind and Hail to the extent of recovery under the TWIA
policy(ies). Should the amount ofloss payable under such JA policy(ies)
exceed the applicable NAMED STORM in Tier I Countie' ductible under this
Coverage Document, then no deductible shall apply he ,der. H~1A';~ver, if the
amount to be paid under such TWIA policy(ies) is Ie the a' lcable Nmned
h,
Storm in Tier I Counties deductible under this Cover , then t1:Mi'?
amount to be deducted hereunder shall not exceed the ' tween th1&ir
amount to be paid unde: the Mem~er's TW~ pOlicy(ies. pli5iLtf
NAMED STORM m Tier I Counties deducl1ble under this Co", t1ment.
Insurance maintained through the Texas Windstorm Insurmce As n shall
be considered underlying coverage.
As respects to property situated in a SPECIAL H
the following deductibles shall apply sep
1.
2.
not apply to covered property located outside
IAL HAZARD ZONE FOR FLOOD nor to
, or damage or desl1uction not otherwise excluded herein.
les described under paragraph I. and 2. above shall apply
rsede the "two or more deductibles" provision under the
e Deductibles conditions of this Coverage Document.
insured against, in the event that the Member maintains
ce through the National Flood Insurance Progrmn, it is agreed
e Document shall be excess over the recovery under such
surance Policy(ies). Should the mnount ofloss payable under
such al Flood Insurance Policy(ies) exceed the applicable Flood
deductible under this Coverage Document, then no deductible shall apply
hereunder. However, if the amount to be paid under such National Flood
Insurance Policy(ies) is less than the applicable Flood deductible under this
TACRMP-PR(7-1-12)
Board Approved 6-7-12
D-7
Coverage Document, then the alllount to be deducted hereunder shall not
exceed the difference between the alllount to be paid under the Member's
National Flood Insurance Policy(ies) and the applicable Flood deductible under
this Coverage Document absent this clause. Insurance m~tained through the
National Flood Insurance Progralll shall be considered u (~Hying coverage.
B. SPECIAL HAZARD ZONE FOR FLOOD
As respects to property situated in a SPECIAL HAZ
the following deductibles shall apply separately for loss fro
1. for all Locations covered under this
shall be the maximum Limit(s) of
have purchased for eligible propert
Program, whether purchased 0
totaled as if individual polic
could have been purchase
and shall apply only to t
has occurred and for w
2. for all property cove d un
eligible for covera er the
the event the Nation
deductible shall be $5
contents.
ply to covered property located outside
ARD ZONE FOR FLOOD nor to
uction not otherwise excluded herein.
der paragraph I. and 2. above shall apply
or more deductibles" provision under the
'b es conditions of this Coverage Document.
ed against, in the event that the Member maintains
through the National Flood Insurance Program, it is agreed
ocument shall be excess over the recovery under such
ce Policy(ies). Should the alllount of loss payable under
o surance Policy(ies) exceed the applicable Flood
his Coverage Document, then no deductible shall apply
er, if the alllount to be paid under such National Flood
, ies) is less than the applicable Flood deductible under this
ment, then the amount to be deducted hereunder shall not
exce fference between the amount to be paid under the Member's
National Flood Insurance Policy(ies) and the applicable Flood deductible under
this Coverage Document absent this clause. Insurance maintained through the
National Flood Insurance Progralll shall be considered underlying coverage.
TACRMP-PR(7-1-12)
Board Approved 6-7-12
D-8
C. All Other Perils
In the event of any occurrence resulting ,
Document for which two or more deductib '"
the single largest deductible appli the 0
As respects other perils not otherwise addressed in the Co
following deductibles apply to each and every loss.
I. by Flood, in anyone loss
2. by Earthquake, in anyone loss
3. by perils under Garagekeeper's Legal Liability
4. by perils under Animal's Extension
5. by any other covered loss
6. to Mobile Equipment
Application of Multiple Deductibles:
age covered under this Coverage
he total deductible shall not exceed
js cau~ed by more than one peril
, ember shall have the right to
ses opplication of the deductible(s)
ve reference to two or more deductibles.
, m this Coverage Document means:
e occurring during a period of 72 consecutive hours which
sults from a storm or weather disturbance which is named
or Hurricane by the National Weather Service or any
eteorological authority. Storm or weather disturbance
e r phenomenon associated with or occurring in
ith the storm or weather disturbance, including, but not
d, stOlID surge, wind driven rain, wind, hail, sleet, tomadoes,
ightning.
B. SPEC HAZARD ZONE FOR FLOOD
SPECIAL HAZARD ZONE FOR FLOOD is defIned as areas in which the
covered property is located and which at the time of direct physical loss,
damage or destruction has been designated on a Flood Insurance Rate Map
TACRMP-PR(7-1-12)
Board Approved 6-7-12
D-9
published by the Federal Insurance Administration to be a Special Flood
Hazard Area.
In areas where the National Flood Insurance Progrmn is not in effect, any
area which in the past 100 yem's has been subjected to qoding where the
insured property is located regardless of whether:
1. the building or structure existed at the ti
2. any direct physical loss or damage fro
3. any flood clainl for loss was ever file
SPECIAL HAZARD ZONE FOR FL
C. Federal Insurance Administration
Federal Insurance Administration (FIA) shall mean the fede cy
within FEMA that directly administe e National Flood Insurance
Progrmn (NFIP).
D. Federal Emergency Management A
Federal Emergency Managem
agency under which the N ati
ean the federal
am is administered.
E. Flood Insurance Rate Map
Flood Insurance Rate
community on whic
area applicable to the
F.
) s- mean the areas of a flood
entifies as Zones A, AO, AH, Al - A30,
I-A30, AR/AH, AR/AO, V, VI-V30,
eterml ng which m'eas qualify as Special Flood
ve, only those Flood zone maps which were in
ss shall apply.
TORM Designated Wind Areas:
, Calhoun, Cmneron, Chmnbers, Galveston, Harris,
y, Kleberg, Matagorda, Nueces, Refugio, San Patricio,
r purposes of this defrnition exposures declared by Harris
not considered Tier One).
ue
Value shall be the sum of Gross Earnings, Extra Expense,
erests, and Loss of Rents that would have been earned
tion(s) where the physical loss or damage occurs, had there
physical loss or dmnage.
TACRMP-PR(7-1-12)
Board Approved 6-7-12
D-IO
TEXAS ASSOCIATION OF COUNTIES
RISK MANAGEMENT POOL
PROPERTY COVERAGE DOCUMENT
TABLE OF CONTENTS
(Order in Which They Appear)
PAGE
DECLARATIONS. SECTION A m.m..mm"......._________._...-"'' .m.m..-D-l
1. MEMBER AND MAILING ADDRESS...---.......mm.m..m -.m--L--------.D.I
2. COVERAGE DOCUMENT PERlOD__...._._._m..m.m..mm...... .m.---------.D.I
3. CONTRIBUTION ------.---------....................................-.....----:-- ------.---...... D.I
'I. INSURINCJ }\CJREIII\1I1NT ----.-....................-1;:...-.-......-.--....--------~-.-.-.-----.-........D.I
5. USII OF INSURANCII TERMS .m._.................";. -'._-.,...........m.....m.. ' ...m..........m......D-2
6. DEFINITIONS __m....._..m....mmmmmm.... ~...m..m.mmm_D-2
7. TERRITORY ----.................................... ......................... D-2
8. COVERED LOCATION __.m..m_______.__m..mm_mm..m_____D-3
9. VALUE REPORTING PROVISIONS .-- ..mm..m ,m....mm_mmm_______D_3
1 O. WAITING PERIOD ..---------------...-.- ...............-----------------------....-.. D-3
11. LIMITS OF LIABILITY .....,............. ..._.._........._.._............................m..... DA
12. DEDUCTffiLII(S) ._m.mmmmm..m_' _____.____.___.____.._m.m.mmmmmm D-6
13. REFERENCES AND APPLICA'L" ___..._._____._____m..m.mm..m..mm..D-9
TABLE OF CONTENTS ..mmmn..mm
PROPERTY DAMAGE. SECTION B .m.__ ' _.._..mm.m.mmmmmmmm._m.___'1
I. PR()PIIRTY C()VERED .........................-....-..-.....---...-------------.-'1
2. PROPERTY EXCLUD ..m..m..m..m..mmmmm_.__..m__________.__ 5
3. ADDITI()NAL COVERA .........................---.-------.-------------......-5
}\. ACC()UNTS RECIIIV .......................................-.---------.----------..--.-6
B. AUTOMATIC COVERAG Y ACQUIRED) _.__.___________..._m_._._._m.mm-7
C. BRAN -........ ....................................--------------.-----.-.....-7
D. CONSII 'N IN VALUE m.__._____________._.__._....__._..m..mm 7
E. DEBRIS ---.....................................--.-....-------------------.------...-7
F. DECONTA N COSTS .......................-...-----..----------....-.--.-............. 8
G. DE OLITIO INCREASIID COST OF CONSTRUCTION ---m----------------.--8
II. -. QU~ ----.................................----.-...-----------....--.-.-.--.........-9
1. ACU " SE ..................--.-.-.--------.-------.---.-.--...-.......-........... 9
J. ERRO IONS.....................-.-.------------------.-.......................-10
K. E TS---.-...................................--.......----------...------....-.... 10
L. .--.-...-.-----------.--..-...........................................-....--.---. 10
M_ CHARGES & IIXTINGUISIIING EXPENSES.m----m-m-m--.---.-ll
N. .--..-..--------..-..............................-................-.-......-.---------- II
O. LAND WATER CONTAMINANT OR POLLUTANT CLEANUP, REMOVAL &
DISPOSAL ..............._._.._______._._._..................................n.....n...._..__.____ 11
p, MISCIILLANEOUS UNNAMED LOCATIONS ___._._.._._....mmm.m..m.mm.m 12
Q_ MOBILE MEDICAL IIQUIPMENT .____._____.__..____...........m....mm.mm.m.m. 12
TAG RMP - PR (7-1-12)
Board Approved 6-7-12
1 of 60
R. PROFESSIONAL FEES mm____________m__m___m__________mm_m____m__m____m____ 12
S. PROPERTY IN THE COURSE OF CONSTRUCTION AND SOFT COSTS----mm-- 13
T. PROTECTION AND PRESERVATION OF PROPERTY ----------"----------------------- 13
U. SERVICE INTERRUPTION PROPERTY DAMAGE --------------------------------------- 14
V. TEMPORARY REMOVAL OF PROPERTY ___m__________"" __m_______m_______________ 14
W. TRANSIT --------------------------------------------------------- 'c______________________________ 15
4. iXCLU~t;~~~~:-~-~~:~~-~~-~=~~~-~-=~~-~D--~~~~~~;~Fjr~~~~~~~~~~~~~~~~~~ ~;
TIME ELEMENT - SECTION C_m__mm__m______________m_mm ____m____ 21
1. LOSS COVERED ------------------------------------------------------- ------------- 21
2. TIME ELEMENT COVERAGES-m--mm------m-------m-----------..7,mm------m 22
A. GROSS EARNINGS _______________________mm______m______________ ,_ ~_ _____m______m 22
-. ,
B. EXTRA EXPENSE---------------------------- ,_____________________________:::c___________________ 23
C. LEASEHOLD INTEREST ----------------- ---------------------- 23
D. LOSS OF RENTS _____m_m___mm__m ,:_m______ ,_____m____m___m___ 24
3. TIME ELEMENT COVERAGE EXTENSIO , ~__m_______________m___ 25
A. CONTINGENT BUSINESS INTE ______mm______m____m_ 25
B. EXTENDED PERIOD OF INDE. m_m______ _m_m__m___m____m__m 25
C. INTERRUPTION BY CIVIL ----------------------------------------------- 26
D. ON PREMISES SERVICES --- ------------------------------------------------- 26
E. PROTECTION AND PRESERV PROPERTY - TIME ELEMENT _m__m 26
F. RELATED REPORTED ,ES ------ _________________mm_____m____________mm 27
G. RESEARCH AND DEVE .T __m_ __m__m____mmmmm__m__m__m 27
H. SERVICE INTERRUPTIO N_____________m___________m__m__________ 27
4. PERIOD OF LIABILITY--------------- _______mm__________________________mm____m 28
5. TIME ELEMENT EXCLUSIONS ------ ____0" ~_mm____________________________m___________ 30
LOSS ADJUSTMENT AND S N D __mm________m_mmm_m_mm______m 31
I. LOSS ADJUSTMENT/P A _____m_____________m________________________________ 31
2. CURRENCY FOR LOSS PAY __m_m__m_________________________m___________________m__ 31
3 . VALUATION - --------------------- ------------------------------------------------------------- 31
4. ------------------------------------------------------------------------- 35
LOSS -------------------------------------------------------- 35
----------------------------------------------------------------------------- 36
------------------------------------------------------------------------------ 36
-------------------------------------------------------------------------------- 36
----------------------------------------------------------------------------- 36
ClClL--------------------------------------------------------------------- 37
5. ------------------------------------------------------------------------------ 38
6. HERS ------------------------------------------------------------------------- 38
7. LOSS SETTLEMENT ___m_m_______m___m_______________m____m__ 38
8. ------------------------------------------------------------------------------------ 38
GENERAL PROVISIO S - SECTION E ------------------------------------------------------------------------ 39
I. INSPECTIONS----------------------------------------------------------------------------------------------- 39
2. CANCELLATIClN ------------------------------------------------------------------------------------------ 39
3. MISREPRESENTATION AND FRAUD.......mmm..m...m...........m.m.........m.m.......m__m 39
TAG RMP - PR (7-1-12)
Board Approved 6-7-12
2 of 60
4. COVERAGE DOCUMENT MODIFICATION m__________m___m____m____________m___mn____ 40
5. REDUCTION BY LOSS ____________nnnnnnnn_________nn_nn_nn_n__________nnn___n_nnn_ 40
,6.. ..., ...' JITHES _____nn_n_nnn_________nn__n_nn____n_______nnnn_n_n__________nn_n__nn_n__________ 40
COVERAGE DOCUMENT CHANGE ENDORSEMENT Number l_m_________mmm__mnm_______m
Equipment Breakdown - 5 Pages_m_m_mn____________mmnm____________n^ nmnmm__nn_____mm 41
COVERAGE DOCUMENT CHANGE ENDORSEMENT Number 2 ---- _mmnmmmn________nm_
Garagekeeper's Legal Liability - 3 pages ________m_m_m_m______n_m
COVERAGEDOCUMENTCHANGEENDORSEMENTNumb~
Animals Extension - 4 pagesmm_____________mm_m____________mn
COVERAGEDOCUMENTCHANGEENDORSEMENTNumb~
Mold / Fungus - 1 page _n_nnn_______n__nn_n_n___________nnn_nnn_____
COVERAGE DOCUMENT CHANGE ENDORSEMENT Number 5 ----------
Occurrence Limit of Liability -I Page_mm_______mmnnnmm_________m_mn n_____________m 54
COVERAGE DOCUMENT CHANGE ENDORSEMEN umber 6_____nmnmm~m_m____________m_
Asbestos Exclusion - 1 Page __mm____m________m_mnm ___________mmnm 55
COVERAGE DOCUMENT CHANGE ENDORSEMEN m______________mmnm
Electronic Data Exclusion - 2 Pages ------------------ --------------------------- 56
COVERAGE DOCUMENT CHANGE ENDORS __________mm_m_mn______
Time or Date Recognition - 2 Pages mnnmm_
COVERAGE DOCUMENT CHANGE END
Chemical, Biological & Radiological Exposu
TAC RMP - PR (7-1-12)
Board Approved 6-7-12
3 of 60
PROPERTY DAMAGE - SECTION B
1. PROPERTY COVERED
This Coverage Document covers the following property, unles
this Coverage Document, allywhere within the coverage do
interest of the Member in such property.
A. Real Property, including buildings, remodeling, installations, and a~
at allY new or existing location(s), in which the Member has an insurabl
B. Personal Property:
I) Owned by the Member, including the
betterments. In the event of physic
consider the Member as sole and un
notwithstanding any contract or lea
t in improvements and
~ 01 agrees to accept and
vements and bettelments,
2) Of officers alld employees of the
within the scope of duties pe
at a Covered Location, or when in use
the Member;
3)
tent ' 'Member is under obligation to keep
's Coverage Document; or
4)
he extent of the Member's legal liability for
The Pool will defend that portion of any suit
suc bility alld seeks dmnages for such covered
y, without prejudice, investigate, negotiate alld settle
edient.
5)
allywhere within the Coverage Document Territory.
overs the interest of contractors and subcontractors in insured
at overed Location or within 1,000 feet thereof, to the extent of
or covered physical loss or dmnage to such property. Such interest
tors is linlited to the property for which they have been hired to
st will not extend to any TIME ELEMENT coverage provided under
TAC RMP - PR (7-1-12)
Board Approved 6-7-12
4 of 60
2. PROPERTY EXCLUDED
This Coverage Document excludes:
C. Animals (unless specifically included by endorsement), standing tim
A. Currency, money, postage, precious metal in bullion form, notes,
B. Land, water or any other substance in or on land, includi "'
exclusion does not apply to land inlprovements consistin
retaining walls, driveways, and pavements, but not includin -
D. Motor vehicles licensed for road use, except fOFoc overage as provide4 uilder COVERAGE
DOCUMENT CHANGE ENDORSEMENT N aragekeeper' . al Liability).
3. ADDITIONAL C
. ine, shaft or cavern.
E. Underground mines, mineshafts or caverns 0 ,-
F. Dmns, bulkheads, canals, off shore dril .
vehicular traffic.
or bridges used by public
G.
H. Property sold by the Member un
deferred payment plall after delivery
agreement, installment plan or other
1. Overhead transmission a
member's location.
11 more than 1,000 feet from the covered
J.
ollowing Additional Coverages for physical loss or
Document.
Ie 't ofliability;
, age Document limit ofliability; alld
age Document provisions, including applicable exclusions and
all as shown
ection and elsewhere in this Coverage Document.
TAC RMP - PR (7-1-12)
Board Approved 6-7-12
5 of 60
A. ACCOUNTS RECEIVABLE
This Coverage Document covers any shortage in the collection of Accounts Receivable,
resulting from covered physical loss or damage to Accounts,~*eceivable records while
anywhere within this Coverage Document's TERRITORY, i ;?Uing while in transit. The
Pool will be liable for the interest charges on allY loan to offs paired!;9pllections pending
Jit<-
repayment of such smn uncollectible as the result of such I r d g~- Uneamed interest
and service charges on deferred payment accounts and nO!< ' redit ses on bl! ., ebts will
be deducted in determining the recovery.
I) In the event of loss to Accounts Receivable Records, the Mem
efforts, including legal action, if necessary, to effect collection 0 0
Receivable.
a)
2) The Member agrees to use allY suitable prop
b) Obtainable from other sources;
in reducing the loss under this
3) This Coverage Document c
reduce the loss, to the extent the
llry alld reasonable costs incurred to
4) If it is possible to reco
the Pool will be lia
time required to re-e
any other coverage.
eceiv records so that no shortage is sustained,
, ble and necessmy cost incurred for material and
uch records, alld not for allY costs covered by
5)
s: The following exclusions are in addition to the
RAGE does not cover shortage resulting from:
ing or billing errors or omissions; or
estruction or disposal;
eivable records committed to conceal the wrongful giving, taking,
obtai ithholding of money, securities or other property; but only to the extent
of such wrongful giving, taking, obtaining or withholding.
TAG RMP - PR (7-1-12)
Board Approved 6-7-12
60f60
6) The settlement of loss will be made within 90 days from the date of physical loss or
damage, All mnounts recovered by the Member on outstanding accounts receivable on the
date of loss will belong and be paid to the Pool up to the amount of loss paid by the Pool.
All recoveries exceeding the amount paid will belong to the Member.
This Additional Coverage does not apply to property covered in w
coverage or insurance policy.
B. AUTOMATIC COVERAGE (NEWLY ACQUIRED)
This Coverage Document covers insured property, at
purchased by the Member after the inception date of this C
and towers within the Coverage Document Ten-itory.
/(Jfs.~..
This coverage will apply until whichever of the fo11Q"" ,
I) The Location is bound by the Pool;
2) The Time Limit shown ili the LIMIT
been reached. The Time Limit beg'
Y clause iri'the DECLARATIONS has
rental, lease or purchase.
C. BRANDS AND LABELS
Ifbranded or labeled property co
the Pool elects to take all or any p
. s Cov "~2Pocument is physically damaged and
" . "'-liitC'.-
erty, tlffi'Member may at the Pool's expense:
1)
2)
y. In either event, the Member must relabel such
e with any applicable law.
vers the reduction in value of covered merchandise that is a part
directly resulting from physical loss or damage covered by this
covered parts of pairs, sets or components of such merchandise.
a structive total loss, the Member will surrender the undmnaged
to the Pool.
This Covera ment covers the reasonable and necessary costs incurred to remove debris
from a Covered Location that remains as a direct result of physical loss or dmnage covered by
this Coverage Document.
TAC RMP - PR (7-1-12)
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This Additional Coverage does not cover the costs of removal of:
I) Contaminated uninsured propelty; or
2) The contaminant in or on uninsured property;
whether or not the contamination results from covered physica
Contamination includes, but is not limited to, the presence of
F. DECONTAMINATION COSTS
If insured property is contaminated as a direct result of physica
Coverage Document and there is in force at the time of the loss or ordinance
regulating contamination, including but not limit to the presence of pollution or hazardous
material, then this Coverage Document covers, 'ect result of e "'cement of such law
or ordinance, the increased cost of decont 'or remov f such contaminated
insured property in a manner to satisfy s Additional Coverage
applies only to that part of insured prop 'direct result of covered
physical dmnage.
I) This Coverage Docn
Item 3) below, to
ordinance regulating'
or structures at a Covered
ving contaminated uninsured property or
he contamination results from a covered
The Pool is not liable for the costs re
the contaminant therein or thereon whe
event.
G. DEMOLITION AND INCREAS
ona d necessary costs incurred, described in
quirements of the enforcement of any law or
ction, repair, replacement or use of buildings
d:
a.
,the date of covered physical loss or damage; and
b.
_ of such covered physical loss or dmnage; and
2)
does not cover any loss due to any law or ordinance with which
complied before the loss.
3)
.as respects the property covered in Item I) above, covers:
or rebuild the physically damaged pOltion of such property with
manner to satisfy such law or ordinance; and
b.
(i) to demolish the physically undmnaged portion of such property covered; and
TAC RMP - PR (7-1-12)
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(ii) to rebuild it with materials and in a manner to satisfy such law or ordinmce; to the
extent that such costs result when the total demolition of the physically damaged
insured property is required to satisfy such law or ordinance.
H.EARTHQUAKE
4) This Additional Coverage excludes my costs incurred as a
enforcement of any laws or ordinances regulating any form
not limited to the presence of pollution or hazm'dous materi
. 'ect or indirect result of
ntamination including but
5) The Pool's maximum liability for this Additional CO\(
any occunence will not exceed the actual cost iucu
undamaged portion of the property covered in Item I above p
a. The reasonable and necessary cost incurred, excluding the cost 0
another site; or
b. The cost of rebuilding on the smne site.
This Coverage Document covers
Earthquake.
caused by or resulting from
nage caused by or resulting fi'om flood;
, f water; the rising, overflowing or
odies water; or the spray therefrom, surface
oing; all regardless of any other cause or
r seq nce to the loss.
References and ApplicatJ
mean:
s wherever used in this Coverage Document
earth movement including, but not limited to
lcallic eruption regardless of any other cause or event
r sequence of loss. However, physical dmnage by fire,
resulting from Earthquake will not be considered to be loss by
and conditions of this Coverage Document. All Earthquakes
eriod will be considered a single Earthquake.
I.
r dmnage of the type covered against by this Coverage Document,
will pay the Expenses incuned by the Member for the emergency
om a covered location.
This additional coverage does not apply to any expenses incuned for: scheduled evacuation
drills, fn'e or safety drills or the evacuation of a patient due to a medical condition.
TAC RMP - PR (7-1-12)
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J. ERRORS AND OMISSIONS
If physical loss or dmnage is not payable under this Coverage Document solely due to an error
or unintentional omission:
It is a condition of this Additional Coverage that any error or unin ~
reported by the Member to the Pool when dis vered and corrected. .
I) In the description of where insured property is physically lac
2) That results in cancellation of the property covered under.
This Coverage Document covers such physical loss or
provided coverage had such elTor or unintentional omission
K. EXPEDITING COSTS
This Coverage Document covers the rea
temporary repair of covered damage to .
or replacement of such damaged prope '
s incurred to pay for the
edite the permanent repair
I)
2)
L. FINE ARTS
. alios or dmnage to Fine Arts articles while anywhere
RRITORY, including while in transit.
I)
s or dmnage if the Fine Mis cannot be replaced with
it is specifically declm'ed to the Pool.
2)
e exclusions in the EXCLUSIONS clause of this Section do not
verage except for: A.l), A.2), B.I), B.2), B.3)a and BA). In
RTS, the following exclusions apply:
and tear or inherent vice;
b.
e from any repairing, restoration or retouching process.
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3) References and Application: The following term wherever used means:
Fine Arts: Paintings; etchings; pictures; tapestries; rare or art glass; art glass windows;
valuable rugs; statuary; sculptm-es; antique furniture; antique jewelry; bric-a-brac;
porcelains; and similar property of rarity, historical value, or artistic merit excluding
automobiles, coins, stamps, furs, jewelry, precious stones, 'pious metals, watercraft,
aircraft, money, securities.
I) fire brigade charges and any extinguishing expenses which - e
M. FIRE BRIGADE CHARGES AND EXTINGUISHING E
This policy covers the following expenses resulting from a
2) loss and disposal offrre extinguishing mate'als expended.
N. FLOOD
This Coverage Document covers physical
-r resulting from Flood.
References and Application: The folio
mean:
_ ever used in this Coverage Document
The term "flood" shall mean:
1) A general and temporary condit
areas from:
lete inundation of normally dry land
a. flood, or rising
b. the unusual and
c. Mudslide or mud flo
, idal water;
off of surface waters from any source; or
lation of water on or under the ground;
2)
wing or breaking of boundaries of natural or man-
efrom; or
3)
acks up or flows from a sewer, drain or sump.
y fire, explosion or sprinkler leakage resulting from Flood is not
, within the terms and conditions of this Coverage Docnment.
ONTAMINANT OR POLLUTANT CLEANUP, REMOVAL &
nt covers the reasonable and necessary cost for the cleanup, removal
and disposal aminants or pollutants from uninsured property consisting of land,
including water or any other substance in land, and water on land, at the Covered Location if
the release, discharge or dispersal of contaminants or pollutants is a direct result of covered
physical loss or damage to insured property.
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This Coverage Document does not cover the cost to cleanup, remove and dispose of
contaminants or pollutants fi'om such property:
I) At any location covered for personal propelty only; or
Q. MOBILE MEDICAL
2) At any property covered under AUTOMATIC COVERAG~ < OR~~D OMISSIONS
or MISCELLANEOUS UNNAMED LOCATIONS cov 4\;s'~ provi,'":F?by this Coverage
Document; or
3) When the Member fails to give written notice of loss to
inception of the loss.
Pollution definition shall be any solid, liquid,
including, but not limited to, smoke, vapor, so
fungi, virus, mold, spores, vaccines and waste.
reconditioned or reclainled.
P. MISCELLANEOUS UNNAMED LO
The Member's insured property at a
scheduled by the Pool. No cov rage
waterbome.
h is not specifically on file, identified, or
under this provision on property while
This provision does not cover any
Coverage Document.
'xcluded under any other item of this
This Coverage Document c
Mobile Medical Care Vans, Amb
owned or operat Member.
. al oss or dmnage to medical equipment contained in
Mobile MRI, CAT Scan or other sinlilar mobile units
R. PROFESSION
eVl
Do
vers the actual costs incurred by the Member, of reasonable fees
. countants, architects, auditors, engineers, or other professionals
er's employees, for producing and certifying any particulars or
r's books or documents, or such other proofs, information or
Pool resulting from covered loss payable under this Coverage
001 has accepted liability.
Coverage wil e the fees and costs of attomeys, public adjusters, and loss appraisers,
all including their subsidiary, related or associated entities either partially or wholly
owned by them or retained by them for the purpose of assisting them.
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S. PROPERTY IN THE COURSE OF CONSTRUCTION AND SOFT COSTS
This Coverage Document covers projects in the course of constmction, at scheduled locations
and non-scheduled locations, subject to the "total project value" not to exceed the Sub limit
shown in the Property Coverage Document Declm'ations at pro' ept inception. Projects in
excess of that mnount are subject to prior approval and must specifically scheduled for
coverage to apply.
This Additional Coverage also covers the necessary Soft Co
the Period of Recovery and directly caused by physical I
against to real or personal property of the type covered which 1
including those at new sites md non-scheduled locations subject to t
to exceed the Sublimit shown in the Property Coverage Document Decl
This coverage will apply until whichever of the f<
I) The Location is bound by the Pool;
2) The Time Limit shown in the Cont
begins on the date of rental, lease 0
References md Application: The
mem:
erever used in this Coverage Document
The tenn "Soft Costs" shall mean:
I)
2)
3)
4)
5)
6)
7)
1)
s costs incurred for actions to temporarily protect or preserve
vided such actions are necessary due to actual, or to prevent
, covered physical loss or damage to such insured property.
2)
a. Fire department fire fighting charges imposed as a result of responding to a fire in, on
or exposing the insured property;
TAC RMP - PR (7-1-12)
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b. Costs incmTed of restoring and recharging fire protection systems following a covered
loss; and
c. Costs incun'ed for the water used for fighting a fue in, on or exposing the insured
propelty.
A1;w
This Additional Coverage is subject to the deductible provis1"lfs that would have applied
had the physical loss or damage occurred.
U. SERVICE INTERRUPTION PROPERTY DAMAGE
1) This Coverage Document covers physical loss or dmnage t
Location when such physical loss or damage results from the in
incoming services consisting of electricity, gas, fuel, stemn, water, r . ~~ tion or from the
lack of outgoing sewerage service by reason 0 ysicalloss or dmnage Of the type covered
against to real alld personal property of the t ered to the fac' , s of the supplier of
such service located within this Coverage D TE Y, that immediately
prevents in whole or in part the delivery
2) This Additional Coverage will apply
the time shown as Waiting H
DECLARATIONS Section.
Interruption is in excess of
PERIOD clause of the
3) Additional General Provisio
a. The Member will immedia
such services.
ers of services of any interruption of
b.
rruption of such services is caused directly or
comply with the terms and conditions of any
of such specified services.
4)
. g term wherever used means:
tarting with the time when an interruption of specific
g when with due diligence and dispatch the service could be
I)
is removed fi'om a Covered Location for the purpose of being
in order to avoid threatened physical loss or dmnage of the type
. age Document, this Coverage Document covers such property:
a.
ocation to which such property has been moved; and
b. For physical loss or damage as provided at the Covered Location from which such
property was removed.
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2) This Additional Coverage does not apply to property:
a. Covered, in whole or in part, elsewhere in this Coverage Docnment;
I) This Coverage Document covers the following within the te.
Document, Personal Propeliy, except as excluded by this Coverag
transit:
c. Removed for normal storage, processing or preparati
b. Covered, in whole or in part, by any other coverage or in
W. TRANSIT
a. Owned by the Member within the territo
b. Shipped to customers under F.O
contingent interest in such shipm
The Member's
c. Of others in the actual or co
Member's interest or legal iabilit
dy of the Member to the extent of the
d. Of others sold by the, Me
during course of delivery.
",,,;:!h has agreed prior to the loss to cover
"":I,if'
2) This Additional Cove
a.
b.
c.
i)
by regularly scheduled passenger airlines or air freight
s, including the Member's legal liability for it, hauled on vehicles
r operated by the Member when acting as a common or contract
f. Any transporting vehicle.
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g. Property shipped between continents, except by land or air between Europe and Asia.
3) Coverage Attachment and Duration
a. This ADDITIONAL COVERAGE covers from the time the" 'operty leaves the original
point of shipment for trallsit until the property ml'ives at d ' ation.
4) This Additional Coverage:
b. However, coverage on export shipments not covere
when the property is loaded on board overseas ve
shipments not covered under ocean cm'go policies b
vessels or aU-craft.
a. Covers general average alld salvage charg ,
hile waterborne.
b. Covers physical loss or damage caus
i) Unintentional acceptance 0
receipts;
shipping or messenger
ii) Improper parties havin
of property through fraud or deceit.
5) The exclusions in the EXCL
coverage except for: AI) throu
D.2).
Section do not apply to TRANSIT
BA), C.I), C.3), C.5), C.6), D.l) and
6) Additional General
a.
e directly or indirectly to the benefit of allY
b.
out prejudicing this coverage, to accept:
i)
c.
y waive subrogation against railroads under sidetrack agreements_
Except as otherwise stated, the Member will not enter into allY special agreement with
carriers releasing them from their common law 01' statutory liability.
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X. VALUABLE PAPERS AND RECORDS & EDP MEDIA
This Coverage Document covers physical loss or dmnage to VALUABLE PAPERS AND
RECORDS & EDP MEDIA while anywhere within this Coverage Document's TERRITORY,
including while in transit.
a. Property described below, if such property cannot.
and quality, unless specifically declared to the Pool;
'like kind
1) This Additional Coverage excludes loss or dmnage to:
b. Currency, money or securities;
c. Property held as samples or for sale or for l.
ivery after sale, and L
JffP-
Exclu ftWi\.s: The exclusions in
ABLE PAPERS AND
to BA). In addition, as
MEDIA the following
2) VALUABLE PAPERS AND RECORDS & ED
the EXCLUSIONS clause of this Secti t ap .
RECORDS & EDP MEDIA coverag A.I) a
respects VALUABLE PAPERS S & E
exclusions apply:
3)
This Coverage Document doe
a. Errors or omissions in pro
excluded by this Coverage
only such resulting dmnage.
. r copying unless physical damage not
Its, 1 which event, this coverage will cover
b. Deterioration, i
excluded by this
resulting dmnage.
wear and tear; all unless physical dmnage not
; . ch event, this coverage will cover only such
'Howing telID wherever used in this Coverage
: Written, printed or otherwise inscribed documents, securities,
not limited to books, maps, fihns, drawings, abstracts, evidence
rtgages, mortgage files, manuscripts and micro or
inscribed documents, but not including the monetary value of
ssing Systems: shall include, but not be limited to, transferring
systems, teleconnnunications systems or electronic control equipment
EDP Media: All fOlIDS of data, converted data, electronically converted data and/or
programs and/or applications and/or instructions and/or media vehicles employed.
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4. EXCLUSIONS
The following exclusions apply unless specifically stated elsewhere in this Coverage Document.
A This Coverage Document excludes:
5) Mysterious disappearance, loss or shortage di
can be proven solely on inventory records, or any
y for which the loss
1) Indirect or remote loss or damage.
2) Intenuption of business; except to the extent provided b
3) Loss of market orloss of use.
4) Loss or damage or deterioration arising from any delay.
6) Loss from enforcement of any law or 0 '
a. Regulating the construction, r
removal, of any property; or
ent, use or removal, including debris
b.
. cluding the cost in removing its debris;
ECONTAMINATION COSTS and
ST o CONSTRUCTION coverages of the
age Document.
7)
8)
g ss breakage, water damage, theft or attempted
for a period of more than 90 consecutive days before
ill not apply if proper security and maintenance is
9)
B.
cludes loss or damage directly or indirectly caused by or resulting
dless of any other cause or event, whether or not covered under
'ibuting concurrently or in any other sequence to the loss:
I)
lear radiation or radioactive contamination. However:
a. If phy . ge by fire or sprinkler leakage results, then only that resulting damage
is co t not including any loss or damage due to nuclear reaction, radiation or
radioactive contamination.
TAC RMP - PR (7-1-12)
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b. This Coverage Document does cover physical damage directly caused by sudden and
accidental radioactive contamination, including resultant radiation dmnage, from
material used or stored or from processes conducted on the Covered Location, provided
that on the date of loss, there is neither a nuclear reactor nor any new or used nuclear
fuel on the Covered Location.
(ii) Military, naval or air force; or
2) a. Hostile or warlike action in tinle of peace or war, inclu
combating or defending against an actual, impending
(i) Government or sovereign power (de jure or de fa
(iii)Agent or authority of any party specified.jn (i) or (ii) above.
3) Any dishonest act, i,
others, at any time:
b. Dischm'ge, explosion or use of any nuclear
involving nuclear fission, fusion or
and regardless of who commits the
aterial employing or
n time of peace or war
c. Insun-ection, rebellion, revolu
governmental authority in hin '
usmped power, or action taken by
g or defending against such an event.
d. Seizure or destmction un:
of any govermnental or pu
stom regulation, or confiscation by order
e.
ed to theft, committed alone or in collusion with
a.
partner, director, trustee, officer, or employee of a
b.
tor, trustee, or officer of any business or entity (other
r) engaged by a Member to do anything in cOlllection with
r this Coverage Document.
does cover acts of direct covered physical dmnage intentionally
ee ,'a Member or any individual specified in b. above, and done
of the Member. In no event does this Coverage Document cover
ividual specified in a. or b. above.
4)
a) Incoming electricity, fuel, water, gas, stemn, refrigerant;
b) Outgoing sewerage;
TAC RMP - PR (7-1-12)
Board Approved 6_7-12
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c) Incoming or outgoing voice, data or video;
all when caused by an occurrence off the Covered Location, except as provided in
SERVICE INTERRUPTION in the PROPERTY DAMAGE OJ.' !ME ELEMENT Section
of this Coverage Document. But, if the lack of such a se' e directly causes physical
damage covered by this Coverage Document on the Co. ed Loc 'gn, then only that
resulting damage is covered.
C. This Coverage Document excludes the following, but, ifp
Coverage Document results, then only that resulting dmnage is
. ed by this
I) Faulty workmanship, material, construction or design from any caus
2) Loss or dmnage to stock or material attributa15
while such stock or material is being processed, m
on.
, cessing operations
;' or otherwise worked
3) Deterioration, depletion, rust, carro .
defect.
ar, inherent vice or latent
4) Settling, cracking, shrinking, b
pad, platform or other prope "
roofs.
ton of foundations (including any pedestal,
. ry), floors, pavements, walls, ceilings or
5) a)
b)
6)
D.
following unless directly resulting from other physical
overage Document:
the presence of pollution or hazardous
2)
3)
TAC RMP - PR (7-1-12)
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TIME ELEMENT - SECTION C
1. LOSSCOVERED
A. This Coverage Document covers TIME ELEMENT loss, as proviiw in the TIME ELEMENT
COVERAGES, directly resulting from physical loss or dmnag J;;"f the type covered by this
Coverage Document:
I) To propeliy desclibed elsewhere in this Coverage Do
by this Coverage Document 01' otherwise limited in the,
below; and
",- fc..,
otherwi~'excluded
NT Q@NERAGES
L':c-s.2-'
4JK~r
2) Used by the Member, or for which the Member has contracted use; a
3) Located at a Covered Location; or in the
covered TERRITORY; and
PERTY within the
4) While in transit as provided by this Co
5) During the Periods of Liability de
B. This Coverage Document cover
reduced through:
extent it cannot be
1)
2)
by the Member;
other sources;
3) Working extra time 0
4)
all whether at a'"
into consideratio
compmries of the
yother location. The Pool reserves the right to take
ing results of all associated, affiliated or subsidiary
etermining the TIME ELEMENT loss.
C.
covers expenses reasonably and necessarily incurred by the
erwise payable under this Section of this Coverage Document.
e expenses will not exceed the mnount by which the loss has
D.
HOLD INTEREST, in determining the amount ofloss payable, the
xperience of the business before and after and the probable experience
F LIABILITY.
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2. TIME ELEMENT COVERAGES
A. GROSS EARNINGS
1) Measurement of Loss:
a. The recoverable GROSS EARNINGS loss is the 1!i" al Los$lc,Sustained by the
Member of the following during the PERIOD OF L' lTY: If/!J;~CC
2)
i) Gross Emmngs including ordinary payroll.
ii) Less all chm'ges and expenses that do not necess
intenuption of production or suspension of business operatio'
the
iii) Plus all other eamings derived from tli
b. In determining the indemnity paya
consider the continuation of only
been eamed had no interruption
services occuned.
c.
i) Wholly or partially
operations or services;
cing goods or continuing business
ii)
wit . a reasonable period of time, not limited to
is interrupted;
during the PERIOD OF
sales for the services or production prevented.
o . ations: the net sales value of production less the cost of all raw
supplies used in such production; or
r non-manufacturing operations: the total net sales less cost of
d, materials and supplies consumed in the operations or services
e Member.
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Ordinm'y Payroll, as used in item I) a. i):
Ordinary Payroll includes the Member's payroll for all employees except officers,
executives, depaltment managers, and employees under contract. It is comprised of, but
not limited to, the payroll, benefits paid for the payroll, social security (FICA), union dues
paid for the payroll, and workers compensation paid for the pa II.
Any amount recovered under property damage coverage at
to merchandise will be considered to have been sold to
and will be credited against net sales.
or loss or damage
regular customers
B. EXTRA EXPENSE
1) Measurement of Loss:
The recoverable EXTRA EXPENSE loss w'
incurred by the Member of the following during t
a. Extra expenses to temporarily con .
the Member's business and
acticable the conduct of
b. Extra costs of temporarily usin
less any value remaining at t
in connection with the above.
OF LIABILITY for property obtained
2) EXTRA EXPENSE Exclusions:
excluded:
TRA EXPENSE, the following are also
a.
b.
c een incurred in conducting the business during the
amage occurred.
c.
placement of property that has been damaged or
d.
bIe elsewhere in this Coverage Document.
3)
: The following term means:
that would have existed had no physical loss or damage occurred.
1)
oss: The recoverable LEASEHOLD INTEREST loss is as follows:
a. If the lease agreement requires continuation of rent; and if the property is wholly
untenantable or unusable, the actual rent payable for the unexpired telID of the lease; or
TAC RMP - PR (7-1-12)
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if the property is partially untenalltable or unusable, the propOltion of the rent payable
for the unexpired term of the lease.
b_ If the lease is callceled by the lessor pursuant to the lease agreement or by the operation
of law; the Lease Interest for the first three months follo ing the loss; alld the Net
Lease Interest for the remaining unexpired telm of the Ie
a. Lease Interest: The excess rent paid for the sallie 0
actual rent payable plus cash bonuses or advance rent
operating charges) for each month during the unexpired term
perty over
ntenallce or
er's lease.
2) References and Application: The following terms mean:
b. Net Lease Interest: That Smn which plac
would equal the Lease Interest (less allY
t 3% interest rate compounded annually
, ,otherwise pay ""'hereunder).
3) LEASEHOLD INTEREST Exclusions:
ELEMENT EXCLUSIONS A, B, and
INTEREST, TIME
wing applies instead:
This Coverage Document does
suspension, lapse or cancellation 0
to cancel the lease; or from all act 0
under the lease.
increase in loss resulting from the
r from the Member exercising all option
of the Member that constitutes a default
s loss of LEASEHOLD INTEREST
D. LOSS OF RENTS
I) Measurement of Loss: Tli
by the Member of the folloWl
.erable S OF RENTS loss is the Actual Loss Sustained
the PERIOD OF LIABILITY:
of the property occupied by the Member;
xpected from rentals of unoccupied or unrented portions of such
the rented portions of such propelty according to bona fide
ements in force at the time of loss;
ntinuing charges and expenses.
2)
Exclusions: As respects LOSS OF RENTS, TIME ELEMENT
oes not apply alld the following applies instead:
TAC RMP - PR (7-1-12)
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This Coverage Document does not cover any loss of rental income during any period in
which the insured property would not have been tenalltable for any reason other than a
covered loss.
3. TIME ELEMENT COVERAGE EXTENSIONS
A. CONTINGENT BUSINESS INTERRUPTION
,;;':B'c
This Coverage Document covers the Actual Loss Sustain
by the Member during the PERIOD OF LIABILITY:
'; 'incurred
1) Directly resulting from physical loss or damage of the type covere "_
2) To property of the type covered,
at direct supplier or customer locations located w'
Document.
this Coverage
The term "supplier or customer" does n
the Covered Location, as described e
gas, water, steam, refrigeration, sewa
The GROSS EARNINGS and LOS
in sales resulting from:
1) The intenuption of
2) For such additionallengt
alld dispatch to restore the M
no loss occu
o be required with the exercise of due diligence
siness to the condition that would have existed had
3)
ch the liability of the Pool for loss resulting fi'om
uld terminate if this Extension had not been included herein.
4)
or rental value as covered by LOSS OF RENTS.
F EMNITY Exclusions: As respects EXTENDED PERIOD OF
ELEMENT EXCLUSION for increase in loss due to suspension,
or license or order does not apply.
ent does not cover allY increase in loss due to filles or dmnages for
or late or noncompletion of orders, or penalties of any nature.
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Coverage under this Extension for the reduction in sales due to contract cancellation will be
limited to only those sales that would have been earned under the contract during the extended
period of indemnity.
Coverage under this extension does not apply for more than the ~wnber of consecutive days
shown in the LIMITS OF LIABILITY Clause of the DECLARA. "'NS Section.
C. INTERRUPTION BY CIVIL AUTHORITY
p
This Coverage Document covers the Actual Loss Sustain' ulTed by
the Member dUling the PERIOD OF LIABILITY, not exce" 'consecutive
calendar days, when access to Covered Locations is specifically pi-. order of civil
authority, provided such order is a direct result of actual loss or dmnag a pelil covered
under this Coverage Document to property of t type insured against un er this Coverage
Document which is located within five (5) sta .' s of the Cov " Location to which
access is prohibited.
The Pool shall not be liable under this
LIMITS OF LIABILITY Clause ofthe
e Sublinlit shown in the
All claims under this extension for I
shall be adjusted as one loss.
expense arising out of one "occurrence"
D. ON PREMISES SERVICES
Sustained by the Member during the
om sicalloss or dmnage of the type covered
er's premises:
I)
2)
stemn, refrigeration and sewerage
RV ATION OF PROPERTY - TIME ELEMENT
vers the Actual Loss Sustained by the Member for a period of
. or to and 24 hours after the Member first taking reasonable
p ction and preservation of property covered by this Coverage
action is necessary to prevent innnediately impending physical loss
Coverage Document at such insured property.
t to the deductible provisions that would have applied had the physical
ed.
TAC RMP - PR (7-1-12)
Board Approved 6-7-12
26 of 60
F. RELATED REPORTED VALUES
If reported TIME ELEMENT values include:
1) Locations used by the Member (such as branch stores, sa
not listed on a schedule under this Coverage Document; ~,;" '
2) A TIME ELEMENT loss would result at such locations;'"
3) From covered physical loss or dmnage at a Covered Location;
then this Coverage Docnment provides coverag
accordance with the coverage applicable at such
r such resulting TIME EMENT loss in
Location.
G. RESEARCH AND DEVELOPMENT
The GROSS EARNINGS and GROSS
Loss Sustained by the Member of
attributable to the intenuption of rese
not have produced income during t e PE
The PERIOD OF LIABILITY for
the period from the time of dire
Coverage Document to the time wh
ready for operations un the smne
existed prior to dmnage.
COVERAGE EXTENSION will be
s or 'mnage of the type covered by this
could be repaired or replaced and made
physical ood operating conditions that
I)
, ctual Loss Sustained and Extra Expense incun-ed
Service Interruption at Covered Locations when the
incoming services consisting of electricity, gas, fuel,
or from the lack of outgoing sewerage service by reason of
f the type insured against to real and personal property ofthe type
of the utility supplier (excluding overhead transmission and
of 1 mile from a Covered Location) of such service located
ment's TERRITORY, that immediately prevents in whole or in
h usable services.
2)
ply when the Period of Service Interruption is in excess of the time
eriod in the WAITING PERIOD clause of the DECLARATIONS
TAG RMP - PR (7-1-12)
Board Approved 6-7-12
27 of 60
3) Additional General Provisions:
a. The Member will immediately notify the suppliers of services of any intelTuption of
such services.
b. The Pool will not be liable if the intelTUption of such Ajices is caused directly or
indirectly by the failure of the Member to comply witlL~lterms d conditions of any
.E~'~..
contracts the Member has for the supply of such spe< F,' servic'
4. PERIOD OF LIABILITY
4) References and Application: The following term means:
Period of Service Interruption:
a. The period starting with the tinle when an'
ending when with due diligence and dispa
the Location receiving the service could
following the restorations of servi
operating conditions as provided b
this Coverage Document.
b. The Period of Service Intel
Member would or could ha e used
to only those hours during which the
s) if it had been available.
c. The Period of Service In
operations caused by any re
tend to include the interruption of
ption ofthe specified service(s).
I TIME ELEMENT COVERAGES, except
TE and as shown below, or if otherwise provided
EXTENSIONS, is as follows:
a.
f physical loss or damage of the type covered against; and
diligence and dispatch the building and equipment could be:
y ,and
operations;
quivalent physical and operating conditions that existed prior to the
c.
ted by the expiration of this Coverage Document.
TAC RMP - PR (7-1-12)
Board Approved 6-7-12
28 of 60
2) For building and equipment under construction:
a. The equivalent of the above period of time will be applied to the level of business that
would have been reasonably achieved after construction and stmtup would have been
completed had no physical dmnage happened; and
b. Due consideration will be given to the actual experienc.
completion of the construction and stmtup.
3) For stock-in-process and mercantile stock, including
the Member, the time required with the exercise of due dilig
a. To restore stock in process to the smne state of manufacture i it stood at the
inception of the interruption of producti or suspension of business operations or
services; and ~
4) For raw materials and supplies, the
b. To replace physically damaged merc
This item does not apply to LOSS 0
a. Of actual intelTUption of
from the inability to get
dmnaged; but
sion of operations or services resulting
d supplies to replace similar ones
b.
d raw material and supplies would have
5) If water:
a.
. e, including but not limited to as a raw material or
b.
u of physical damage of the type covered against under this
to such dmn, reservoir or connected equipment, the Pool's liability
r supply is limited to 30 consecutive days after the damaged dam,
equipment has been repaired or replaced.
t apply to LOSS OF RENTS.
TAC RMP - PR (7-1-12)
Board Approved 6-7-12
29 of 60
6) For physically dmnaged exposed fihn, records, manuscripts and drawings, the time
required to copy fi'om backups or fi'om originals of a previous generation. This time does
not include research, engineering or any other time necessmy to restore or recreate lost
information.
This item does not apply to LOSS OF RENTS.
7) For physically dmnaged or destroyed data, programs or 0 '
electro-mechanical, electro-magnetic data processing 0
recreate or restore including the tinle for resem'ching or
This item does not apply to LOSS OF RENTS.
ThisC
8) If an order of civil authority prohibits access ,t
order is the direct result of physical dam
Coverage Document at the Covered Location 0
time:
the Covered Location and provided such
, the type cove against under this
5 statute; ,es of it, the period of
a. Starting at the time of physical d
b. Not to exceed 30 consecutive d
B. The PERIOD OF LIABILITY
inability to resume operations for
additional tinle due to the Member's
, ut not limited to:
I) Making changes to equipment.
2) Making changes to
AND INCREASED
es except as provided in the DEMOLITION
,TION provision.
3)
If two or more
such periods will not be cumulative,
5.
e in this Coverage Document, the following exclusions apply to
period, including but not limited to when production, operation,
ceipt of goods would cease, or would not have taken place or would
Que to:
I) Physical loss or dmnage not covered by this Coverage Document on or off of the Covered
Location.
TAC RMP - PR (7-1-12)
Board Approved 6~7-12
30 of 60
2) Plaillled or rescheduled shutdown.
3) Strikes or other work stoppage.
f>O;.'_,_
4) Any other reason other than physical loss or damage covered.l?f'1fius Coverage Document.
Loss, if any, will be adjusted with
Declarations or as may be directed b
Additional insured interests 'II also be i
when nmned as additional
Certificates on file with the
B. Any increase in loss due to:
I) Suspension, cancellation or lapse of any lease, contract, 't .
2) Fines or damages for breach of contract or for late or noncomple .
3) For penalties of any nature; or
4) Any other consequential or remote loss.
C. Any loss resulting from loss or dmnage tee s
the time required for their reproduction.
LOSS ADJUSTMENT
NT - SECTION D
1. LOSS ADJUSTMENTIPAYABLE
tl1 Member named in the Contract
named in the Contract Declarations.
in s payment as their interests may appem'
mortgagee and/or loss payee in the Coverage
2.
cy of the United States of America.
3. VALUATION
ge loss mnount under this Coverage Document will be computed
of the loss, and for no more than the interest of the Member,
A
lue of raw materials and labor expended plus the proper proportion
B. On fmished nufactured by the Member, the regular cash selling price at the Location
where the loss happens, less all discounts and charges to which the fmished goods would have
been subj ect had no loss happened.
TAC RMP - PR (7-1-12)
Board Approved 6-7-12
31 of 60
C. On raw materials, supplies and other merchandise not manufactured by the Member:
1) If repaired or replaced, the actual expenditure incurred in repairing or replacing the
damaged or destroyed property; or
2) If not repaired orreplaced, the actual cash value.
1) The reasonable and necessary cost to repair or resto
condition that existed on the date of loss;
physical
D. On FINE ARTS miicles, the lesser of:
2) Cost to replace the article; or
3) The value, if any, stated on a schedule on file
In the event a Fine Atis article is part of a p
be replaced, or repaired or restored to the
the Pool will be liable for the lesser
designated on the schedule. The Mem
E.
On data, programs or software s
data processing or production equip
tro-mechanical, or electro-magnetic
I)
ams or software including the costs to
2)
F. On all other
following:
I)
2)
3)
G.
o years from the date of loss, the blank value
D RECORDS & EDP MEDIA, the lesser of the
re, including the cost to recreate, research and engineer the item
d immediately prior to the loss;
for the item on the Schedule on file with the Pool.
ent, Mobile Equipment, and Watercraft less than 27 feet in length, the
g at the time ofloss:
I) The cost to repair;
TAC RMP - PR (7-1-12)
Board Approved 6-7-12
32 of 60
2) The cost to replace the property with new equipment of like kind and quality at the time of
loss, ifless than or equal to two years of age;
3) The cost to replace the property with equipment of like kind and quality, with proper
deduction for obsolescence and physical depreciation, if morl\c'c);pan two years of age, but
not more than the amount scheduled; or < ~
4) If not repaired or replaced, the actual cash value, but not
H. On historical property, valuation will be based upon the fol
I) The Member shall provide written notice to the Pool which sp ,'c,d))!'c,-_ entifies where
"'-',""e-".,.._..,.-,._.",,;:~___
the property is located, when it was built, its total square footage wit'ff'@ttached appraisal
based upon reproduction value that was condu, d within the past five (5Jyears.
2) At the time ofloss, the basis of valuation for h'
complied, will be replacement cost as d ~ tern ere the Member has
complied with the requirements, the ,,,,,,&tion w eproduction Cost, if not
replaced, at actual cash value. "Rep ction c.:rJIJJ is defined as the cost to repair, rebuild
?r rep!ace with matelial. of like and q~\'i!Y. compati?le to those oliginally used,
mcludmg the cost of skilled la ,r tV-entlC matenals necessary to restore the
property as nearly as possible t its or . ion.
I)
mber will be valued at actual invoice to
acc costs and charges legally due. Charges
selling agent.
1. On property in transit:
2)
hippe 0 or for the purchaser's account will be valued
t. Prepaid or advanced freight costs are included.
3)
a)
ember, at the valuation provisions of this Coverage Document
n from which the property is being transported; or
e actual cash market value at the destination point on the date of
d which would have become due and payable upon arrival at
J.
, the loss amount will not exceed the lesser of the following:
l) The amount scheduled for the propeliy dmnaged or destroyed;
TAG RMP - PR (7-1-12)
Board Approved 6-7-12
33 of 60
2) The cost to repair;
3) The cost to rebuild or replace on the same site with new materials oflike size, kind and
quality;
-4~~l
4) The cost of rebuilding, repairing or replacing on the smne or ll!~ther site, but not to exceed
the size and operating capacity that existed on the date oflo ~]r
ing computer
at dmnaged or
,an or represents an
cement;
5) The selling price of real property or machinery and eq .
sale on the date of loss; ,
6) The cost to replace unrepairable electrical or mechanical equip _
equipment, with equipment that is the most functionally equivale
destroyed, even if such equipment has te logical advantages
improvement in function and/or forms part 0 of system e
7) The increased cost of demolition, if an
Document, if such property is schedul
8) The illlamortized value of inlprov
or replaced at the Member's exp
rments, if such property is not repaired
9) The actual cash value if such
a. Useless to the Member; 0
b.
r another site within two years
the covered real and/or personal property lost,
t may elected on the lesser of repair or replacement
ement are expended on other capital expenditures
two years from the date of loss. As a condition of
'ture must be illlplarmed as of the date of loss and be
_ Coverage Document. This item does not extend to
SED COST OF CONSTRUCTION.
The following term(s) wherever used m this Coverage
Oilllt it would cost to repair or replace insured property, on the date
ike kind and quality, with proper deduction for obsolescence and
TAC RMP - PR (7-1-12)
Board Approved 6-7-12
34 of 60
4. LOSS CONDITIONS
A. REQUIREMENTS IN CASE OF LOSS
The Member will:
I) Protect the propelty from further loss or dmnage.
r the loss, m1less that
ate the knowledge and
2) Promptly separate the dmnaged and undmnaged prope
and furnish a complete inventory of the lost, destroyed, ,
showing in detail the quantities, costs, actual cash value, re
loss claimed.
3) Give written notice to the Pool of any loss as
4) Give a signed and sworn proof of loss to the
time is extended in writing by the Pool.
belief of the Member as to:
a_ The time and origin of the loss;
b_
c.
ach item and the amount of loss to
ts of insurance, whether valid or not,
d.
atio cation, possession or exposures of the
Coverage Document; and
e. By whom and for wh
occupied on the date oflos
ation covered by this Coverage Docnment was
ether or not it then stood on leased ground.
5)
and schedules in all policies and, if required, provide
f my buildings, fixtures, machinery or equipment
6)
as often as may be reasonably required:
signated by the Pool all that remains of any property;
tions under oath by any person designated by the Pool and sign the
examinations; and
c.
i) All books of accounts, business records, bills, invoices md other vouchers; or
TAC RMP - PR (7-1-12)
Board Approved 6-7-12
35 of 60
ii) Certified copies if originals are lost;
at such reasonable times and places that may be designated by the Pool or its representative
and permit extracts and machine copies to be made.
The Pool has the option to take all or any part of dmnaged p,
value. The Pool must give notice to the Member of its int",
receipt of proof of loss. "
on proceec . The Pool may require
rights of re overy against any party for
B. POOL OPTION
C. ABANDONMENT
There may be no aballdonment of any property to
D. SUBROGATION
The Member is required to cooperate in
from the Member all assignment or othe '
loss to the extent of the Pool's paymen
Any recovery from subrogation
proceedings, will be payable to th
costs incurred by the Pool in such
ortion that the amount of:
I)
2)
bears to the entire provao
E. APPRAISAL
rmine the value of a covered loss, but is not available
fthe Member and the Pool fail to agree on the amount
n written demalld of either, select a competent alld disinterested
complied with all provisions of this Coverage Document,
ase of loss; AND
2) "
a signed alld sworn proof ofloss from the Member.
r of the appraiser selected within 30 days of such demand.
The appraisers will first select a competent and disinterested umpire. If the appraisers fail to
agree upon all umpire within 30 days the Member and the Pool shall jointly move to have all
umpire selected by a district judge in the jurisdiction in which the appraisal is pending. The
TAC RMP - PR (7-1-12)
Board Approved 6-7-12
36 of 60
appraisers will then identify each item of physical loss or damage and appraise the amount of
loss. The appraisal shall include a detailed breakdown of the costs necessm'y to repair or
replace the item, and shall state separately the actual cash value and replacement cost value (as
of the date of loss) and the amount of loss, for each item of physical loss or damage or if, for
TIME ELEMENT loss, the amount of loss for each TIME E I . MENT coverage of this
Coverage Document.
If the appraisers fail to agree, they will submit their differe. to the.
shall review the appraisals prepared by the appraisers selectl(c \L y the
c.'8?""~;c>
shall inspect the property prior to preparing his appraisal. Tf(@t
the Pool shall be afforded the opportmrity to attend the Umpire'
provide sufficient input to allow the Umpire to understand the n
differences between the appraisals. After inspecting the property and r input from the
appraisers, the Umpire shall identify each item 0' hysical loss or damage' and shall appraise
the amount of the loss for each item. The . , s appraisal s include a detailed
breakdown of the costs necessary to repair or replac ", m, and I state separately the
cash value and replacement cost value of th c agreed to in writing by
my two of the three appraisers will dete unt of The appraisal award is
subject to all terms of the coverage do ay be redu ed by the application of a
deductible called for by the Coverage
F.
I) Pay its chosen appraiser; md
2)
A demmd for APPRA
comply with the terms 1r
under REQUIREMENTS IN
e the Member of its continuing obligation to
Coverage Document, including as provided
The Pool will n
y of its rights by any act relating to appraisal.
for the recovery of any clainl will be sustained in any court of
ing adjudication procedures are satisfied:
1)
d to filing suit, the Member must fully comply with all the
rage Document, including providing Proof of Loss;
2)
cent to filing suit, the Member and the Pool must attend at least a one-
e a mutually agreeable mediator, unless this provision is waived by
the Pool;
3) Any suit against the Pool arising from a claim or loss must be filed within 12 months of the
date the Pool takes its final action with respect to the claim or loss;
TAC RMP - PR (7-1-12)
Board Approved 6-7-12
37 of 60
4) Any suit, action or proceeding against the Pool must be brought in District Court in Travis
County, Texas.
Nothing in this Coverage Document is intended to waive any immunity of either Member or
the Pool.
5. SETTLEMENT OF CLAIMS
The amount of loss, except for ACCOUNTS RECEN ABLE co_
liable, will be paid after:
A. Proof of loss as described in this Coverage Document is received b
B. When a resolution of the amount ofloss is made e' er by:
I) Written agreement bety.'een the Member and the
2) The filing with the Pool of an award
Section.
6. COLLECTION FROM OTHERS
The Pool will not be liable for any 10
others.
7.
ertained to be covered loss or damage under this
to be in excess of the applicable Coverage
al payment(s) on the covered loss or damage,
ns. To obtain said partial payments, the Member
ss as described in this Coverage Document, with
8. JURISDICTION
arising
e governed by United States of America Law. Any disputes
ly subject to United States of America jurisdiction.
TAC RMP - PR (7-1-12)
Board Approved 6-7-12
38 of 60
GENERAL PROVISIONS - SECTION E
1. INSPECTIONS
The Pool, at all reasonable times, will be permitted, but will not hav t . e duty, to inspect insured
property.
2. CANCELLATION
The Pool's:
A. Right to make inspections;
B. Making of inspections; or
C. Analysis, advice or inspection report;
will not constitute an undertaking, on behalf of or for
detelmine or warrant that the insured property i
to the Member or any other person because 0
ember or others, to
I will have no liability
inspect.
When the Pool is not providing jur'
responsibility to assure that jurisdictional
required jurisdictional Operating Certi ates
ctions, the Owner/Operator has the
'performed as required, and to assure that
or their pressure equipment.
This Coverage Document may be:
A Cancelled by either the
the intent to cancel; or
giving the other party 60 days written notice of
B.
er 10 days written notice of cancellation if the
Coverage Document.
calculated on the customary short rate basis if the
asis if the Pool cancels for allY reason other thall non-payment. If
se of non-payment the customary short rate basis will apply,
3.
This
has:
-11 be void in entirety if, whether before or after a loss, a Member
A
misrepresented any material fact or circumstance concerning this
thereof, any insill'ance claiul, or the interest of a Member;
B. Made any attempt to defraud the Pool; or
TAC RMP - PR (7-1-12)
Board Approved 6-7-12
39 of 60
C. Made any false swearing.
4. COVERAGE DOCUMENT MODIFICATION
This Coverage Document contains all of the agreements between
concerning this coverage. The Member and the Pool may requ
Document. This Coverage Document can be changed only by e
and made a part of this Coverage Document.
e Member and the Pool
anges to this Coverage
. rsemenl$c,!ssued by the Pool
-WY
5. REDUCTION BY LOSS
Claims paid under this Coverage Document will not reduce its limit
paid will reduce any Coverage Document Year Aggregate Limit ofLiabili
6. TITLES
The titles in this Coverage Document are only
the provisions of this Coverage Document.
ot in any way affect
TAC RMp. PR (7+12)
Board Approved 6.7.12
40 of 60
COVERAGE DOCUMENT CHANGE ENDORSEMENT Number 1
Equipment Breakdown - 5 Pages
A. Covered Equipment means and includes any:
1) Equipment built to operate under intemal'
contents;
2) Electrical or mechanical equipment
utilization of energy; and
3) Communication equipment and com.
er than weight of
When an applicable limit for Equipment Breakdown is shown in the P
Declarations; this endorsement's intention is to clarify that the peril
"Covered Equipment".
1. "Breakdown" shall be considered a covered peril on "Covered
2. "Covered Equipment":
B. Covered Equipment does not mean or
I)
2)
under internal pressure of its contents or
3)
g the glass liuing of any Covered
4)
pme unless it is constructed and used in
of Mechanical Engineers (A.S.M.E.) code or
5)
6)
that is buried below ground and requires the
e, repair or replace;
ompartment supporting or containing the Covered
uipment including penstock, draft tube or well casing;
pelled equipment or floating vessel including any Covered
ed upon or used solely with anyone or more vehicle(s), aircraft,
or floating vessel;
nstruction equipment including any Covered Equipment that is
y with anyone or more dragline(s), excavation, or construction
7)
8)
9)
extrusion plate, swing hammer, grinding disc, cutting blade, non-
, belt, rope, clutch plate, brake pad, non-metal part or any part or tool
placement; or
part of such equipment manufactured by the Member for sale.
TAC RMp. PR (7.1.12)
Board Approved 6.7.12
41 of 60
3. "Breakdown"
A. Breakdown means the direct physical loss resnlting from one or more of the following items
that causes damage to Covered Equipment and necessitates its repair or replacement:
5.
1) Failure of pressure or vacuum equipment; 125c.
2) Mechanical failure including rupture or bursting caused by c k. 'fugal force;
3) Electrical failure including arcing;
4) Explosion of steam boilers, steam piping, steam engines
by you, or operated under your control;
5) Loss or damage to steam boilers, steam pipes, steam e
or resulting from any condition or event inside such equipm
6) Loss or damage to hot water boilers or other water heating
resulting from any condition or event inside such boilers or equipme
es owned or leased
fj~{!
turbiJt~1caused by
/;'Jfffi'ii'
"'.~-'8.'
caused by or
Unless such loss or damage is otherwise excluded
B. Breakdown does not mean or include:
1) Malfunction including but not limite
modification;
2) Defects, erasures, errors, limitati
including the inability to recogniz
Covered Equipment;
3) Leakage at any valve, fitting,.
4) Damage to any vacuum tube,
5) Damage to any structure or fo
parts;
6) The functioning of an
7) The cracking of any,
combustion.
" calibration, cleaning or
computer equipment and programs
y date or time or provide instructions to
de ; or
bustion gas turbine exposed to the products of
4. Limit of Liability:
The most the Poo
Breakdown" is th
Coverage Document
1 coverages for loss or damage from any "One
. hown for Equipment Breakdown in the Property
Extensions:
ED is shown in the Property Coverage Document Declarations,
irect damage as a direct result of a Breakdown to Covered
e following. The limits for coverage extensions are part of, not
iability for Equipment Breakdown in the Contract Declarations
TAC RMP - PR (7-1-12)
Board Approved 6-7-12
42 of 60
A. Spoilage:
1) The Pool will pay for the spoilage damage to raw materials, property in process or finished
products, provided all of the following conditions are met:
a) The raw materials, property in process or finished products must be in storage or in the
course of being manufactured; ;~'-c
b) The Member must own or be legally liable under written. ,""tract for the raw materials,
property in process or finished products; and
c) The spoilage damage must be due to the lack or exc
refrigeration.
2) The Pool will also pay any necessary expenses the Melli ,
loss under this coverage. The Pool will pay such expense
exceed the amount of loss that otherwise would have been pa
fOlm.
B. Service Interruption:
The Pool will pay for loss resulting from the int ' es provided all of the
following conditions are met:
1) The interruption is the direct result 0 wn" t red Equipment" owned,
operated or controlled by the loc blic utility or distributor that directly
generates, transmits, distributes or ' ervices which the Member receives;
2) The "Covered Equipment" is use tric power, communication services, air
conditioning, heating, gas, sewer, wat to the Member's premises; and
3) The interruption of utility se the ~~''''~s premises lasts at least the consecutive
period of t~me shown in ite . ting 'P~l!Iiti' Onc~ this wai~ing perio~ is met,
coverage WIll commence at the of the interruptIOn and WIll be subject to all
applicable deductibles.
C. Business Income:
1)
2)
3)
4)
D.
f "business income" that results directly from
n of the Member's business caused by a
'penses the Member incurs to reduce the amount of
'1 pay for such expenses to the extent that they do not
ise would have been payable under this coverage.
e actual experience of the Member's business before the
able experience the Member would have had without the
the amount of its payment.
til the date the damaged property is repaired or replaced.
onable and necessary costs incurred to pay for the temporary repair
ed property and to expedite the permanent repair or replacement of
,caused by a "Breakdown".
This coverage extension does not cover costs:
1) Recoverable elsewhere in this Coverage Document; or
TAG RMP - PR (7-1-12)
Board Approved 6~7-12
43 of 60
2) Of permanent repair or replacement of damaged property.
E. Hazardous Substance:
The Pool will pay any additional expenses incun'ed by the Member for the clean-up, repair or
replacement or disposal of insured property that is damaged, co minated or polluted by a
Hazardous Substance caused by a "Breakdown".
G. Water Damage:
The Pool will pay for the damage to insured prop
caused by a "Breakdown", except no cover
of a sprinkler system or domestic water pi
As used here, additional expenses mean the additional cost i
that the Pool would have paid had no Hazardous Substance
F. Ammonia Contamination:
The Pool will pay the spoilage to insured propel1y contaminated b
salvage expense caused by a "Breakdown".
any salvage expenses
. resulting from leakage
H. Consequential Loss:
The Pool will pay the reduction in t
becomes umnarketable. The reduc 'on in
another part of the product.
maged "stock" palts of a product which
e caused by a physical loss or damage to
I.
lace or restore damaged Data or Media
n any computer equipment if the loss is
J.
to repair or replace insured property because of the
CFC (chlorinated fluorocarbon) substances if the
eans the additional expense to do the least expensive
3)
rty and replace any lost CFC refrigerant;
perty, retrofit the system to accept a non-CFC refrigerant and
n-CFC refrigerant; or
e using a non-CFC refrigerant.
1)
2)
K.
to "computer equipment" that is damaged by a
TAG RMP - PR (7-1.12)
Board Approved 6-7-12
44 of 60
6. Definitions relating only to this endorsement:
A. Data means
1) Programmed aJld recorded material stored on "Media"; and
2) Programming records used for electronic data processing, electronically controlled
equipment. /
Ammonia is not considered to be a "Hazardous Substance" as re
B. Hazardous Substance means any substance other than arum.
hazardous to health by a government agency.
C. Media meaJIs all forms of electronic, magnetic and optical tapes an
electronic computer or electronic data processing uipment.
downs, all will be
'manifest themselves at
ered One Breakdown.
D. One Breakdown means if an initial Breakdown
considered One Breakdown. All Breakdow
the same time and are the direct result oft
E. Computer Equipment meaJIS insured Il
data processing equipment, including '.
equipment.
electronic computer or other electronic
. eripherals used in conjunction with such
F. Stock means merchandise held i
finished products including supplies
w materials, property in process or
or shipping.
TAG RMP - PR (7-1-12)
Board Approved 6-7-12
45 of 60
COVERAGE DOCUMENT CHANGE ENDORSEMENT Number 2
Garagekeeper's Legal Liability - 3 Pages
A COVERAGE
(1) The Pool will pay all sums the Member legally m for loss to a
covered auto, auto equipment, or any palt ofthe auto' 's custody or
control while the Member is attending, parking or storing ember's garage
operations under:
(a) Comprehensive Coverage.
(i) The covered auto's
(ii) The covered a
(b) Collision coverage.
(i) . The cover
(ii) The cov
(2) The Pool has the right d any Member against a suit asking for
these danlages. Ho no duty to defend a Member against a suit
seeking damages fl. 's coverage does not apply. The Pool may
investigate and sett Pool considers appropriate. The Pool's
duty to defend or se overa when the Limit of Coverage for that
coverage has been exba t of judgments or settlements.
(3) COVERA EXTENSI
The folio In addition to the Limit of
Coverage;
(a) All ex 01 urs.
(b) The cost of . release attachments in any suit against the Member the
01 defend 5' for bond amounts within the Pool's Limit of
1. COVERAGE AGREEMENT - Subject to the limit(s) shown el
Document and to all other terms, conditions and stipulations not
Document is extended to cover Garagekeeper's Legal Liabilit
B.
., enses incurred by the Member at the Pool's request,
g actual loss of ealnings up to $250 a day because of time off from
ts taxed against the Member in any suit against the Member the Pool
. t on the full amount of any judgment that accrues after entry of the
ent in any suit against the Member the Pool defends; but the Pool's
. to pay interest ends when the Pool has paid, offered to payor deposited
ourt the part of the judgment that is within the Pool's Limit of Coverage.
S
This coverage does not apply to aJlY of the following:
(a) Contractual Obligations. - Liability resulting from any agreement by which
the Member accepts responsibility for loss.
TAG RMP - PR (7-1-12)
Board Approved 6-7-12
46 of 60
c.
(b) Theft. - Loss due to theft or conversion caused in any way by the Member or
the Member's employees.
(c) Defective Parts. - Defective parts or materials.
(d) Faulty Work. - Faulty "work the Member perfOlmed".
(2) The Pool will not pay for loss to any of the followin
(a) Tape decks or other sound reproducing eq' ,'ent unless pelmanently
installed in a covered auto.
(b) Tapes, records or other sound reproduc' -
sound reproducing equipment.
(c) Sound receiving equipment designed radio, two-
way mobile radio or telephone or scanuing . cluding its
antennas and other accessories, unless permane in the dash or
console opeuing normally used by the auto manufa for the installation
of a radio.
(d) Equipment designed or use on of radar.
(3) The Pool will not pay for loss caused by y of the following
unless caused by other loss t
(a) Wear and tear, freez'
(b) Blowouts, punctur
(4) This coverage does not
or contents of the auto: .
(a) When the 10 h os are located is not protected at all
entire perimeter by fences, gates, or heavy
(b)
(5)
o loss a covered auto arising out of the ownership,
. any auto in the Member's garage operations such
ervice auto used to move, tow, haul or CallY
(6)
to loss to a covered auto al1Sing out of any
tos.
er of covered autos, Members, premiums paid, claims made or suits
001 will pay for anyone loss, at anyone location is $25,000 minus
les.
D.
to, the Pool's obligation to pay for, repair, return or replace damaged
ill be reduced by the applicable deductible shown in the Supplemental
ons, subject to the following: Sometimes to settle a claim or suit, the
or any part of the deductible. If tlJis happens, the Member must
Pool for the deductible or that portion of the deductible that the Pool paid.
TAG RMP - PR (7-1-12)
Board Approved 6.7-12
47 of 60
E. LOSS ADmSTMENT AND SETTLEMENT
The most the Pool will pay under the provisions of this endorsement for anyone loss at
anyone location, regardless of the number of covered autos, is the lesser of:
(I) the actual cash value of the damaged auto(s) at the time ofloss; or
(2) the cost of repairing the auto(s) to the condition that~isted before the loss; or
(3) the amount awarded or ordered by settlement agri-'~nt or judgement as a result of
the loss; or ,""!'!i'
(4) the Member's Limit of Coverage of $25,000. .
(2) LOSS means direct and accidentall
Coverage only, LOSS also incl
F. ADDITIONAL DEFINITIONS - Applicable to Ga
(1) GARAGE OPERATIONS means the ownership,
for parking or storing of autos not owned by the Member
confiscated or impounded by the Me ber.
(3) SUIT means a civil procee,.
claimed.
TAG RMP - PR (7-1-12)
Board Approved 6-7-12
48 of 60
COVERAGE DOCUMENT CHANGE ENDORSEMENT Number 3
Animals Extension - 4 Pages
1. ANIMAL MORTALITY AND THEFT
a) COVERAGE CLAUSE - Subject to limits(s) ofliabili.
elsewhere in this Coverage Document and to all ot
not in conflict herewith, this Coverage Document ..
Member in the animal(s) described in the schedulec
I) Mortality, meaning death which results directly 0
( a) Accident
(b) Illness; or
(c) Disease.
2) Theft, including death resulting fro theft, subject t c" e following
conditions:
(a) The animal has a tatt willi a recognized registry
and it is stated on t , ge.
(b) If a theft occurs, t
(1) 90 days
(2) Provide
( c) The Member must
(1) Pa)!~ ansom; or
(2) Giv ce of its intent to pay.
(d) The Pool has retu of aJlY payment made if:
(1) The ani ".covered after the theft; aJld
(2) The Pool 'd a tm prior to the recovery.
( e) C ,dog or horse does not include any puppies or foals
b)
DEFINITION
For the
owned B
Agency 0
xtension only, animal is defined as a dog or horse
in the service of a Law Enforcement Department or
c)
s, the Pool will pay to the Member the value shown in the schedule
,time of loss. Unless otherwise stated, all claim payments will be
d)
over any loss resulting directly or indirectly from:
perations, administration of dmgs, medication or inoculation, unless:
Required only in an attempt to prevent death or "humane destruction" -
defined as the destruction of an animal to prevent excessive continued
suffering due to an incurable injury or terminal disease; and
(b) Performed and certified by a licensed veterinarian;
TAG RMP - PR (7-1-12)
Board Approved 6-7-12
49 of 60
e).
TAG RMP - PR (7-1-12)
Board Approved 6-7~12
2)
3)
Mysterious disappeal'ance or escape;
Intentional destruction. However, this Exclusion shall not apply if:
(a)
(b)
4)
The Pool agrees to the destruction of the animal; or
The animal suffers an injury or contracts an excessively painful illness. A
qualified Veterinary Surgeon must certify thaJ;;.t!Je animal's suffering is:
(1) Incurable; and A"
(2) So excessive that immediate d "7'CCtion i~knecessary for humane
1 4flffi;?
A'.~~."_'
o expd"''''e to or cll,!iv'action of
/;g-:,~'-
reasons;
Destruction as a result of governmental order
any communicable disease;
( a) Voluntary palting with the title or possessIo
(1) Fraud.
(2) Trick, or
(3) False pretense;
c~i:_,.
&';'~'2
'~t~ returned to the United
5)
Death of an animal boarded outsid
States within the six months p
ot be liable for any claim on an animal that:
injury, prior to the inception of this coverage
tion form while owned by the Member and
(b)
(c)
2)
erage provided by the Pool will be extended to
r the date of termination; and
..Jlent, illness, or disease that:
'. ng the period coverage was in force; and
er reported to the Pool before coverage expired.
3)
es
ember shall dispose of the remains of any animal at the Member's
e.
f injury or illness to an animal, the Member must:
ediately notify the Pool;
Employ a licensed veterinariaJI, at the Member's expense, to treat the
animal; and
Secure proper care and, if required, allow the animal to be removed
for treatment, at the Member's expense.
If the animal dies or is stolen, the Member must:
(1) Innnediately notify the Pool, and in the case of theft, also the police,
local animal control, and humane society.
(2) Give to the Pool, within 60 days, a copy of:
50 of 60
a. The registration certificate;
b. The postulOltem examination report in the event of death; and
c. A signed and sworn proof of loss.
4 ) Termination aJld Ownership
Coverage will cease on any animal in which th~iR.1YIember has, temporarily or
permanently, given up all or part of its ownership . f'f~;
(a) By sale;
(b) By lease (unless noted in the schedule):
(c) For any reason. '
5) Assignment of Benefits
The proceeds of this coverage may not be assigne
2. LOSS OF USE COVERAGE
a) COVERAGE CLAUSE - Subject to limit ible amounts(s) shown
elsewhere in this Coverage Document . nditions and stipulations
not in conflict herewith, if a covere I pay to the Member the
value shown in the schedule for th the animal:
1) Is injured by external, eans during the period this
additional coverage is i
2) Becomes totally and p for its cunent use as a result of such injury;
and
3) Does not require d
b) ADDITIONAL CONDIT
I) The Member must gi te notice of aJlY accident resulting in an
injury which may give
2) Within 14 d s of such a t, tli ember must provide a full veterinary report
by a qua . n, which will include:
(a) A . suffered;
(b) The tre dere , and
(c) The opinio e Veterinary Surgeon as to the animal's fituess for its
e.
3)
4)
t to appoint a Veterinary Surgeon to examine the animal.
d, coverage on the animal for which the claim is paid:
ate; and
Contribution will be paid.
ent between the Member's and the Pool's Veterinary Surgeons over
f the covered animal will be referred to an independent Veterinary
. ons of this coverage:
, pply only to claims for indemnity for loss of use; aJld
Do not extend to or ValY covered claims for indemnity against all risks of
mortality.
TAG RMP - PR (7-1-12)
Board Approved 6-7-12
51 of 60
7) It is understood that upon expiration of coverage all liability ceases. However,
coverage is extended to loss of use first occurring within 90 days after expiration,
resulting from injury which occurs prior to expiration.
Unless otherwise stated, all claim payments will be made t
All other applicable terms, definitions aJld conditions un
Coverage also apply to this coverage,
,_e Member.
. Animal Mortality and Theft
,
TAG RMP - PR (7-1-12)
Board Approved 6-7~12
52 of 60
COVERAGE DOCUMENT CHANGE ENDORSEMENT Number 4
Mold / Fungus - 1 Page
E;'i'::,;.,
Er~+
It is hereby understood and agreed that the following change is made to t "'c""Coverage Document:
In consideration of the Contribution charged, it is hereby understo
Document is amended as follows.
Notwithstallding any other provision of this document, the Pool sha
damage in the form of, caused by, arising out of, contributed to, or resu
mildew or yeast; or allY spores or toxins created or produced by or emana
mold(s), mildew or yeast;
(a) fungus includes, but is not limited to, aJlyof
group fungi, lacking chlorophyll, and includi
mushrooms;
(b) mold(s) includes, but is not limited
decaying organic matter or on living 0
( c) spores means any dormallt or repro
any fungus, mold(s), mildew, plaJI
. any loss or
gus, mold(s),
such fungus,
onging to the major
mildews, smuts and
produced on damp or
fungi tha oduce mold(s);
duced by or arising or emanating out of
icroorganisms,
regardless of any other cause or event that
This exclusion shall not apply to any I
resulting from fungus, mold(s), mildew
emanating from such fungus, mold(s), mil
of a Flood, Earthquake, Fire, Windstorm, Wi
that such fungus, mold(s), mildew or yeast
months from the date of the loss 000,0
applies to coverage by this endo
ently or in any sequence to such loss.
form of, caused by, contributed to or
,or toxins created or produced by or
hich Member establishes is a direct result
er, Lightuing, Explosion, or Hail, provided
is reported to the Pool within twelve
occurrence alld annual aggregate limit ofliability
TAG RMP - PR (7-1-12)
Board Approved 6-7-12
53 of 60
COVERAGE DOCUMENT CHANGE ENDORSEMENT Number 5
Occurrence Limit of Liability -1 Page
1) The limit of liability or Amount of Coverage shown on the face of
endorsed onto this Coverage Document, is the total limit of the Pool's h
occurrence, as hereafter defmed. Notwithstanding any other terms an ,ditions of this
Coverage Document to the contrary, in no event sh liability of the P I exceed this limit or
amount irrespective of the number of locations inv e term "occ ce" shall mean any
one loss, disaster, casualty or series of losses, disasters ies, ng out of one event.
When the term applies to loss or losses from , hurricane, windstorm,
NAMED STORM, hail, volcanic eruption, nding a e, civil commotion, and
vandalism and malicious mischief one eve' strued to be all losses arising during a
continuous period of 72 hours. When fir , the Member may elect the moment at
which the 72 hour period shall be deemed ~ enced, which shall not be earlier than the
first loss to the insured occurs.
It is hereby understood and agreed that the following change is made to
It is understood and agreed that the following special terms and
Document:
a.
. s base ' n the Property Schedule of Locations
Cove age Document. In the event of loss
agraph one (1) above, shall be lirnited to
2) The Contribution for this Coverage
and Values on file with the Pool, or a
hereunder, liability of the Pool, subject to
the least ofthe following:
e deductible(s).
b.
rage shown on the face of this Coverage Document
TAC RMP - PR (7-1-12)
Board Approved 6-7-12
54 of 60
COVERAGE DOCUMENT CHANGE ENDORSEMENT Number 6
Asbestos Exclusion - 1 Page
1. Asbestos material defects, treatment, abatements or removal,
by a covered peril and then only as to the physical portion of asb
peril;
It is hereby understood and agreed that the following change is made to
This Coverage Document excludes:
2. Regardless of cause, any sum relating to (i) health h d from asbestos; (ii) treatment, abatement
or repair of asbestos material that has become r (iii) demoliltrr, increased cost of
reconstruction, removal or any type of cost or loss arisi e enforffi;iUent of or compliance
with any law or ordinance regulating asbestos m .
3. Any governmental requirement relating to
insured propelty that was not damaged by .
and cannot any longer be used where inst
TAG RMP - PR (7-1-12)
Board Approved 6-7-12
55 of 60
COVERAGE DOCUMENT CHANGE ENDORSEMENT Number 7
Electronic Data Exclusion - 2 Pages
Notwithstanding any provision to the contrary within
endorsement thereto, it is understood and agreed as follows:
or my
1. Electronic Data Exclusion
(a) This Coverage Document does not cover loss, damage, des
corruption or alteration of ELECTRONIC DATA from any cause w
not limited to COMPUTER VIRUS) or loss of use reduction in function
whatsoever nature resulting there from, regard! any other cause'
concunently or in any oilier sequence to the loss.
on, erasure,
, (including but
cost, expense of
_ event contributing
ELECTRONIC DATA means facts, conceRt
communications, interpretation or proc
processing or electronically controlled
coded instructions for the process'
manipulation of such equipment.
d to a form useable for
ectronic electromechanical data
includes programs, software and other
lation of data or the direction and
COMPUTER VIRUS means
instructions or code including a
code, programmatic or othelwise,
network of whatsoever nature. CO
Horses', 'worms' and'tim ic bomb
hmmful or otherwise unauthorized
ClOUS duced unauthorized instructions or
e themselves through a computer system or
S includes but is not limited to 'Trojan
results from any of the matters described in
Docu ent, subject to all its terms, conditions and
cCillTing during the Coverage Document period to
nt directly caused by such listed peril.
Listed Perils:
Fire
Explosio
Airc
Ve
S
Bo
TAG RMP - PR (7-1-12)
Board Approved 6-7-12
56 of 60
2. Electronic Data Processing Media Valuation
Notwithstanding aJlY provision to the contralY within the Coverage Document or any
endorsement thereto, it is understood and agreed as follows:
.i:,:c
Should electronic data processing media covered by this Coverage Q,~ment suffer physical loss
or damage coveredQytl1.i~,c:::?x~rage Document, then the basis ~f'aJ.uatio ..shall be the cost to
repair, replace or Testi5t&~li~ttlIl~aia to the condition that existed .,"i.i!?' ediatel . or to such loss or
damage, including the cost of reproducing any ELECT DA contain' thereon,
providing such media is repaired, replaced or restored. Such c ction sh . elude all
reasonable and necessary amounts, not to exceed $2,500,000 or as ly sc ed anyone
loss, incurred by the Member in recreating, gathering and assem c ECTRONIC
DATA. If the media is not repaired, replaced or restored the basis ofvalua be the cost of
the blank media. However this Coverage Document ,goes not cover any aJUoun pertaining to the
J,,"lip_
value of such ELECTRONIC DATA to the M""" or any other ',arty, even if such
ELECTRONIC DATA cannot be recreated, gathered ed.
TAG RMP - PR (7-1-12)
Board Approved 6-7-12
57 of 60
COVERAGE DOCUMENT CHANGE ENDORSEMENT Number 8
Time or Date Recognition - 2 Pages
,,~;O::'}_
It is hereby understood and agreed that the following change is made to ';~;'toverage Document:
1. The Pool will not pay, under any form, coverage, or endorsemen
loss caused directly or indirectly by:
,f@;
his C'lcy~fage Document, for
-"=.'."..';.l-
It=d:-i''f
4C\""oo
A. The failure of any of the following, whether owned by the Mem
(1) Data processing equipment, software, data, or media;
(2) HaJ'dware or software based computer oper
(3) Microprocessors;
(4) Integrated circuits; or,
(5) Any other electronic equipment,
due to the inability of these item
or times as their true calendar date
'ze, process, or accept one or more dates
B. Loss resulting from:
(1) Any services, func.'
described in item I.A~
or more of the systems or devices
(2) Any advice,
Member to
ation, repair or maintenance done by or for the
blems described in item LA.
aJlY other cause or event, including a peril covered
loss at the same time or in any sequence.
2.
ecified peril ensues, the Pool will pay for that loss.
3. The Po
item 1
o ation, repair or replacement of systems or devices described in
y potential or actual deficiencies.
4.
e special meanings in this endorsement. They are defined below.
A. Data means ormation recorded on media and used in the Member's processing
operations, but does not mean software.
TAG RMP - PR (7-1-12)
Board Approved 6-7~12
58 of 60
B. Data processing equipment means processing units, terminals, tape drives, disk drives,
controllers, printers, and other equipment capable of receiving, processing, storing or retrieving
information. It does not include media, software, or data.
C. Media means the material on which data or software is recor @,g, such as magnetic tape,
perforated paper tape, punch cards, discs, drums, and other ~''fage devices used in the
Member's data processing operations.
Lightuing;
D. Peril(s) covered against means possible causes of loss fI
provides coverage.
E. Software means programs stored on media which instruct data pro
process data.
F. Specified perils means any of the following:
Fire;
Aircraft;
Explosion;
Riot;
Civil commotion;
Smoke;
Vehicles;
Windstorm or h
in any building;
ge from automatic fire protection system; or,
Co
TAG RMP - PR (7-1-12)
Board Approved 6-7-12
59 of 60
COVERAGE DOCUMENT CHANGE ENDORSEMENT Number 9
Chemical, Biological & Radiological Exposures Exclusion - 1 Page
(2)
overage Document:
It is hereby understood and agreed that the following change is made to
j
A. This Coverage Document does not cover against any loss,
or resulting from aJlY of the following, regal'd1ess of an
concurrently or in any other sequence thereto:
(1) The unlawful possession, use, release, discharge, dispersa
bacteriological, viral, radioactive or similar agents or ma
responsible for the act and whether war has been declared or not,
other cause or event contributing concurre r in any other se
The unlawful possession, use, release, disch
any device or material capable of
radioactivity, regardless of who i
declared or not, and regardless 0
in any other sequence thereto.
B. In any action, suit or other proceeding
provisions above, some or all loss " ama
burden of proving that such loss 0 e is no
y chemical,
less of who is
egardless of any
ce thereto,
persal or disposal of
on or the spread of
d whether war has been
ntributing conculTently or
alleges that, by reason of either of the
vered by this Coverage Document, the
ded shall be upon the Member.
TAC RMP - PR (7+12)
Board Approved 6-7-12
60 of 60
Jt>.-SSOo
,,'1 ''1,;.
" -
, 0
....' z
*
TEXAS ASSOCIATION Of
RISK MANAGEMENT POOL
COUNTIES
WORKERS' COMPENSATION AND
EMPLOYERS' LIABILITY COVERAGE
'"
As authorized by Chapter 504 of the Texas Labor Code and Chapter 2259 of tb
the Texas Associatiou of Counties Risk Management Pool ("the Po ") is a risk shar
Texas County governments and otber political subdivisions es hed as a gronp w
fnnd authorized to provide all compensation and benefits re by the Texas ork
Law. This Coverage Document, offered as an alternative to a onal insuran po , describes the
benefits provided to Members of tbe Pool pursuant to rloc tracts b en the Pool and its
Members, The interlocal agreement between Member t d n for all purposes,
In return for the payment of th
Pool agrees with Member as
t terms of this Coverage Document, tbe
, our',' urs', 'Member' and 'Named Member' mean the
lttions Page with whom this contract is made. 'We',
Texas Association of Counties Risk Management Pool
Cont
t paid or payable by the Member to the Pool for this coverage.
ans the Texas Association of Counties Risk Management Pool
n and Employers' Liability Program Coverage Document that sets forth
the coverage pro ed, including any modifications made by issuance of any amendatory
Declarations of Coverage or endorsement.
Declarations means the Declarations of Coverage attached to and incorporated into the
Coverage Document, setting forth the specific indication of the coverages, limits and
deductibles, contributions and special provisions elected by Member, including any
modifications made by issuance of any amendatory Declarations of Coverage or endorsement.
TAC RMP WC (01/12)
Board Approved 12-1-11
Member means the political subdivision within the State of Texas which is a current participant
in the Pool and so designated in the Declarations.
Occurrence means an accident, including continuous or repeated exposure to substantially the
same general harmful conditions.
Benefits as used in Coverage Document means the benefits payable pursuant to the Workers'
Compensation Law of the State of Texas.
A.
GENERAL SECTION
A. The Coverage Document
This Coverage Document includes at its effe
endorsements and schedules listed there. It contains th
virtue of your interlocal agreement with us. of
changed or waived except by endorsement' be p
age and all
a rded to you by
ument may not be
verage Document.
B. Who Is Covered
You are covered if you are employe
of the Pool.
C. Workers' Compensatio
wo ers' or workmen's compensation law and
o . It includes any amendments to that law which are
ment period. It does not include any federal workers or
law, any I occupational disease law or the provisions of any law
.' abili benefits.
This coverage a lies to bodily injury by accident or bodily injury by disease. Bodily injury
inc1ude~ ' g death.
1. Bodily injury by accident must occur during the Coverage period.
2. Bodily injury by disease must be caused or aggravated by the conditions of your
employment. The employee's last day of last exposure to the conditions causing or
aggravating such bodily injury by disease must occur during the Coverage period and
shall be considered the date of occurrence.
TAC RMP WC (01/12)
Board Approved 12-1-11
B. We Will Pay
We will pay promptly when due the benefits required of yon by the workers' compensation Jaw
of Texas. [fwe make any payments in excess of the benefits regularly provided by the Workers'
Compensation Law on yonr behalf, you will reimburse promptly.
C. We Will Not Pay
E.
1. Items precluded by statute in Texas Labor Code.
2. You are responsible for any payments in excess of the Benefi
workers compensation law including those required becaus
a. of your serious and willful misconduct:
b. you knowingly employ an employee in violation oflaw
c. you fail to comply with a health or safety
d. you discharge, coerce or otherwise discnml
the workers compensation law.
D. We Will Defend
any claim, proceeding or suit against you
t. We have the right to investigate and
may be made without your consent.
cemi settlement of any claim, proceeding, or
's of whether you must pay a deductible,
ttle a claim, proceeding or suit without our
We have no
Document.
pr ceeding or suit that is not covered by this Coverage
rage exists, we will not pay more than our share of benefits and costs
age Document and other insurance or self-insurance. Subject to any
F.
We have your rights, and the rights of persons entitled to the benefits ofthis coverage, to recover
our payments from anyone liable for the injury. You will take reasonable and necessary actions
to protect those rigbts for us and to help us enforce them.
TAC RMP we (01/12)
Board Approved 12-1-11
G. Statutory Provisions
These statements apply where they are required by law.
1. As between an injured worker and us, we have notice about the injury when the TP A has
notice.
2. We are directly and primarily liable to any person entitled to the benefits payable by this
coverage. Those persons may enforce our duties; so may an ag authorized by law.
Enforcement may be against us or against Member and us.
A. How This Coverage Applies
3. Jurisdiction over you is jurisdiction over us for purpos
law. We are bound by decisions against you under the aw
this Coverage Document that are not in conflict with that law.
4. Terms of this coverage that conflict with the
this statement to conform to that law to the
Nothing in these paragraphs relieves you of d
This employers liability
accident or fatal injury by disease.
1.
rse and scope of the employee's employment
2.
3.
a sed or aggravated by the conditions of your employment.
f last exposure to the conditions causing or aggravating such
ccur during this Coverage period and shall be considered the date
s d, the original suit and any related legal actions for damages must be
the United States of America, its territories or possessions.
5. Bo ily injury by disease must be caused or aggravated by the conditions of your
employment. The injured employee's last day of last exposure to the conditions causing
or aggravating such bodily injury by disease must occur during the policy period.
B. We Will Pay
Subject to the limits stated in the Declarations, we will pay all sums you legally must pay as
damages because of the death of your employees, provided the death is covered by this
Employers Liability Coverage.
TAC RMP WC (01112)
Board Approved 12-1-1 I
C. Exclusions
This coverage does not cover:
1. liability assumed under a contract. This exclusion does not apply to a warranty you're
your work will be done in a workman like manner;
2. punitive or exemplary damages because of death to an employee e
law;
4.
any obligation imposed by a workers compensaf n, occupational
compensation, or disability benefits law, or a ilar law;
knowledge or
\~
e
ii510yment
3.
death of an employee while employed in violation of la
the actual knowledge of any of your officers;
5. death intentionally caused by you;
6.
bodily injury occurring outside th
and Canada. This exclusion do
United States of America or
rritories or possession,
citizen or resident of the
lie these countries;
7.
demotion, evaluation, reassignment,
rimination against or termination of
acts or omissions;
8.
to th ngshore and Harbor Workers' Compensation
Nonappropriated Fund Instrumentalities Act (5 USC
inental Shelf Lands Act (43 use Sections 1331-
2 USC Sections 1651-1654), the Federal Coal Mine
o USC Sections 901-942), any other federal workers or
or other federal occupational disease law, or any
erson in work subject to the Federal Employers' Liability Act (45 USC
ny other federal laws obligating an employer to pay damages to an
du to bodily injury arising out of or in the course of employment, or any
ts to those laws;
10. a master or member of the crew of any vessel;
11. fines or penalties imposed for violation of federal or state law;
12. damages payable under the Migrant and Seasonal Agricultural Worker Protections Act
(29 USC Sections 1801-1872) and under any other federal law awarding damages for
violation of those laws or regulations issued thereunder, and any amendments to those
laws;
13. damages arising out of operations for which you have violated or failed to comply with
TAC RMP WC (01/12)
Board Approved 12-1-11
any Workers Compensation Law;
14. Death by disease unless prior to thirty-six months after the policy period written claim is
made or suit is brought against you for loss because of such injury or death resulting
therefrom.
D. We Will Defend
E. Limits of Liability
We have the right and duty to defend, at our expense, any claim, pro
for damages payable by this Coverage Document. The Pool ha
settle these claims, proceedings and suits and such settlement mal!"
We have the right to make all final decisions concerning settlement
suit against you for benefits payable herein, regardless of whether yo
self-insured retention, or other payment. If you settle claim, proceedi
approval, it will be at your own expense.
The Pool has no duty to defend a claim, proceed'
Document. The Pool has no duty to defl
applicable limit of liability under this Cov
liability are shown in Item D. of the
1.
n fI "death by accident-each accident" is the most
co by this Coverage Document because of death to
one accident.
2.
shown for "death by disease-Coverage Documeut limit" is
11 damages covered by this Coverage Document and arising
Jury by isease, regardless of the number of claimants who die by disease.
n for "death by disease-each employee" is the most we will pay for all
of bodily injury by disease to anyone claimant.
3,
ot pay any claims for damages after we have paid the applicable limit of our
nder this Coverage Document.
F. Recovery From Others.
Pursuant to this Coverage Document and the lnterlocal Agreement, the Pool has Claimant's
rights to recover our payment from anyone liable for an injury covered by this Coverage
Document. You will take reasonable and necessary actions to protect those rights for us and
help us enforce them.
TAC RMP WC (01/12)
Board Approved 12-1-11
G. Other Coverage
If other applicable coverage exists, we will not pay more than our share of benefits and costs
covered by both this Coverage Document and other insurance or self-insurance. Subject to any
limits of liability that may apply, all shares will be equal until the loss is paid. If any insurance or
self-insurance is exbausted, the shares of all remaining insurance will be equal until the loss is
paid.
H. Actions Against us
There will be no right of action against us under this Coverage n
1. You have complied with all the terms of this Coverage Docu
Agreement;
2. The amount you owe has been determined with
judgment.
This coverage does not give anyone the
determine your liability.
an action against you to
Y this Coverage Document. All of your
of t overage Document, and must be performed
are listed here:
1.
I a d other services required by the workers compensation
dresses of the injured persons and of witnesses, and other
need.
all notices, demands and legal papers related to the injury, claim,
It.
4. with us and assist us, as the Pool may request, in the investigation, settlement
e of any claim, proceeding or suit.
5. Do nothing after an injury occurs that would interfere with our right to recover from
others.
6. Do not voluntarily make payments, assume obligations or incur expenses, except at
Member's own cost.
TAC RMP we (01/12)
Board Approved 12-1-11
PART FOUR-CONTRIBUTION
A. Contribution Calculation
B. Contribution Payments
You will be charged an annual estimated contribution based on your payroll, by classification,
and loss experience in accordance with our underwriting policies. A Member obtaining
Workers' Compensation coverage through us must submit an annual estimated payroll, by payroll
classifications of the Member, to us no later than sixty (60) days prior to the first day of the
coverage period. At the end of the coverage period, you must provide us . h the actual payroll
for the coverage period, If your actual annual payroll differs from the eed payroll, the
amount of the annual contribution may be adjusted. If, after this ad' ent; e actual
contribution is more than the estimated contribution paid by yo all n . you of the
difference and you shall immediately remit the additional amoun t
contribution is less than the estimated contribution paid by you, we s
amount to you.
The annual contribntion must be paid in
invoices in advance and you must pay i
invoice. Any payment not received It III
interest at the rate of I % per mont any pa
may cancel coverage. You shall r obligate
preceding termination.
ill submit quarterly
t is due upon receipt of
days of tli ate of billing may accrue
or contribut'on is not paid as required, we
such unpaid contribution for the period
C. Records and Audit
emp ees and officers reasonable access to all your
d to, financial records, that relate to this Coverage
tl of the Pool. You may audit and submit corrected
of the Coverage Document, and only for the expiring
ited or corrected payroll information must be inclusive
udit of all payroll classifications results in a net refund of
y this amount to you within 60 days.
D.
'nin orkers' Compensation coverage through us, must submit an annual
by payroll classifications of the Member, to us no later than sixty (60) days
y of the coverage period. At the end of the coverage period, you must provide
I payroll for the coverage period. If you fail to timely submit the information
required I' to the renewal date, we may charge a penalty of $100 each month or portion
thereof that the information is not received. Failure to submit the required information within 30
days of the renewal date or failure to pay any penalty provided for in this section may result in
cancellation of coverage.
TAC RMP WC (01/12)
Board Approved 12-1-11
PART FIVE-CONDITIONS
A. Agreement to Participate
Nothing in this Coverage Document supersedes or replaces the provisions of the Texas
Association of Counties Risk Management Pool Interlocal Participation Agreement that governs
your right to participate in TAC RMP and states the conditions of your participation, including
without limitation your duty to pay any deductibles authorized therein, to pay coutributions, and
to comply with actuarial and/or underwriting requirements unless said terlocal Agreement is
amended by the T AC RMP Board of Trustees to provide so. The's fulfillment of its
obligations under this Coverage Document in accordance with the t , conditions, definitions,
limitations, and exclusions herein also fulfills any duty the P s un said Interlocal
Agreement to make workers' compensation or other coverage a\f to y claims
related to such coverage.
E.
We have the right, but not obligation, to audit
time upon reasonable notice and during regu
the interest of the Pool. We may give yo
recommend changes. While these recom
to perfonn the duty of any person t ovid
public. We do not warrant that yo rkplac
laws, regulations, codes or standard
B. Inspection
c.
mg, consultations or other services to assist
w us to implement risk control programs for the
that may contribute to losses.
D.
overage period stated in the Declarations.
uti s under this Coverage Document may not be transferred without our
F.
I. If at any time this Coverage Document is cancelled by any party we hold any contributions
which al'e refundable to you because they would have applied to the portion of the Coverage
Document period that followed the effective cancellation date, we will return any such
refundable contributions promptly at the end of the audit period during which the
cancellation occurs.
2. If this Coverage Document, or any other coverage with the Pool, is cancelled prior to the
expiration date, the contribution payable may be adjusted to reflect loss of package
discounts, renewal credits or any other underwriting credits that are based upon participation
in the Pool.
TAC RMP WC (01/12)
Board Approved 12-1-11
3. If this Coverage Document is cancelled before the end of the Coverage Document period,
you will be subject to the short rate earned contribution factors.
G. Pool Coordinator
You are required to designate a representative, pursuant to Interlocal Agreement, to make and
receive communication with us.
H. Third Party Administrator
agem nt Pool ("the Pool") was created by
to obtain coverage against various types of risk.
ent may use terms customarily used in the insurance
ceo It is an agreement between political subdivisions
sions of Chapters 791 and 2259 of the Texas
the Texas Labor Code. The Pool's MEMBERS, which
e of Texas, participate in Pool as an alternative to
TAC RMP WC (01/12)
Board Approved 12-1-11
Po- 5800
'f''''' J'"f.;.
~ -
. 0
[-< .
*
TEXAS ASSOCIATION Of
* RISK MANAGEMENT POOL
COUNTIES
WORKERS' COMPENSATION AND
EMPLOYERS' LIABILITY COVERAGE
As authorized by Chapter 504 of the Texas Labor Code and Chapter 2259 of the Texas
Government Code, the Texas Association of Counties Risk Management Pool ("the Pool") is a risl{
sharing arrangement among Texas County governments and other political subdivisions
established as a group workers' compensation fund authorized to provide all compensation and
benefits required by the Texas Workers' Compensation Law. This Coverage Document, offered as
an alternative to a traditional insurance policy, describes the benefits provided to Members of the
Pool pursuant to the Interlocal contracts between the Pool and its Members. The interIocal
agreement between Member and the Pool is incorporated herein for all purposes.
WORKERS' COMPENSATION AND
EMPLOYERS' LIABILITY COVERAGE
In return for the payment of the contribution and subject to all tenns of this Coverage Document, the
Pool agrees with Member as follows:
GENERAL DEFINITIONS
Throughout this Contract, 'you" 'your', 'yours', 'Member' and 'Named Member' lnean the
governmental entity listed on the Declarations Page with whom this contract is made. 'We', 'us', 'our',
'ours' and the Pool refer to Texas Association of Counties Risk Management Pool (T AC RMP).
Benefits as used in Coverage Document means the benefits payable pursuant to the Workers'
Compensation Law of the State of Texas.
Contribution means the amount paid or payable by the Member to the Pool for this coverage.
Coverage Document means the Texas Association of Counties Risk Management Pool Worker's
Compensation and Employers' Liability Program Coverage Document that sets fOlth the coverage
provided, including any modifications made by issuance of any amendatory Declarations of Coverage or
endorsement.
Declarations means the Declarations of Coverage attached to and incorporated into the Coverage
Document, setting forth the specific indication of the coverages, limits and deductibles, contributions
TAC RMP WC (01/12)
Board Approved 12-1-11
and special proVISIOns elected by Member, including any modifications made by Issuance of any
amendatory Declarations of Coverage or endorsement.
Member means the political subdivision within the State of Texas which is a cUlTent participant in the
Pool and so designated in the Declarations.
Occurrence means an accident, including continuous or repeated exposure to substantially the same
general hannful conditions.
TP A means a third party claims administrator contracted to process workers' compensation claims
presented by members of the Texas Association of Counties Risk Management Pool.
GENERAL SECTION
A. The Coverage Document
This Coverage Document includes at its effective date the Declarations Page and all
endorsements and schedules listed there. It contains the tenns of coverage afforded to you by
virtue of your interlocal agreement with us. The terms of this Covel'3ge Document may not be
changed or waived except by endorsement issued by us to be part of this Coverage Document.
B. Who Is Covered
You are covered if you are employer named in Item B of the Declaratious page and a Member
ofthe Pool.
C. Workers' Compensation Law
Workers' Compensation Law means the workers' or workmen's compensation law and
occupational disease law for the state of Texas. It includes any amendments to that law which are
in effect during the Coverage Document period. It does not include any federal workers' or
workmen's compensation law, any federal occupational disease law or the provisions of any law
that provide nonoccupational disability benefits.
PART ONE-WORKERS' COMPENSATION COVERAGE
A. How This Coverage Applies
This coverage applies to bodily injury by accident or bodily injury by disease. Bodily injury
includes resulting death.
1. Bodily injury by accident must occur during the Coverage period.
2. Bodily injury by disease must be caused or aggravated by the conditions of your
employment. The employee's last day of last exposure to the conditions causing or
aggravating such bodily injury by disease must occur during the Coverage period and
shall be considered the date of occurrence.
TAC RMP we (01/12)
Board Approved 12-1-11
B. We Will Pay
We wiII pay promptly when due the benefits required of you by the workers' compensation law
of Texas. If we make any payments in excess of the benefits regularly provided by the Workers'
Compensation Law on your behalf, you will reimburse promptly.
C. We WiII Not Pay
1. Items precluded by statute in Texas Labor Code.
2. You are responsible for any payments in excess of the Benefits regularly provided by the
workers' compensation law including those required because:
a. of your serious and wiIIfulmisconduct:
b. you knowingly employ an employee in violation oflaw
c. you fail to comply with a health or safety law or regulation; or
d. you discharge, coerce or otherwise discriminate against any employee in violation of
the workers' compensation law.
D. We Will Defend
We have the right and duty to defend, at our expense, any claim, proceeding or suit against you
for benefits payable pursuant to this Coverage Document. We have the right to investigate and
settle these claims, proceedings or suits and such settlement may be made without your consent.
We have the right to make all final decisions concerning settlement of any claim, proceeding, or
suit against you for benefits payable herein, regardless of whether you must pay a deductible,
self-insured retention, or other payment. If you settle a claim, proceeding or suit without our
approval, it wiII be at your own expense.
We have no duty to defend a claim, proceeding or suit that is not covered by this Coverage
Document.
E. Other Coverage
If other applicable coverage exists, we will not pay more than our share of benefits and costs
covered by both this Coverage Document and other insurance or self-insurance. Subject to any
limits of liability that may apply, all shares wiII be equal until the loss is paid. If any insurance or
self-insurance is exhausted, the shares of all remaining insurance or self-insurance wiII be equal
until the loss is paid.
F. Recovery From Others
We have your tights, and the rights of persons entitled to the benefits of this coverage, to recover
our payments from anyone liable for the injmy. You wiII take reasonable and necessary actions
to protect those rights for us and to help us enforce them.
TAC RMP we (01/12)
Board Approved 12-1-11
G. Statutory Provisions
These statements apply where they are required by law.
I. As between an injured worker and us, we have notice about the injury when the TP A has
notice.
2. We are directly and primarily liable to any person entitled to the benefits payabie by this
coverage. Those persons may enforce our duties; so may an agency authorized by law.
Enforcement may be against us or against you and us.
3. Jurisdiction over you is jurisdiction over us for purposes of the workers' compensation
law. We are bound by decisions against you under the law, subject to the provisions of
this Coverage Document that are not in conflict with that law.
4. Terms of this coverage that conflict with the workers compensation law are changed by
this statement to confoun to that law to the extent it is necessary to comply with that law.
Nothing in these paragraphs relieves you of duties under this Coverage Document.
PART TWO-EMPLOYERS LIABILITY COVERAGE
A. How This Coverage Applies
This employers liability coverage applies to fatal injury by accident or fatal injury by disease.
I. The death must arise out of and be in the course and scope of the employee's employment
by you.
2. Death as result of accident must occur during the Coverage peliod.
3. Death by disease must be caused or aggravated by the conditions of your employment.
The employee's last day of last exposure to the conditions causing or aggravating such
death by disease must occur dUling this Coverage period and shall be considered the date
of occurrence.
4. If you are sued, the original suit and any related legal actions for damages must be
brought in the United States of America, its telTitories or possessions.
5. Bodily injury by disease must be caused or aggravated by the conditions of your
employment. The injured employee's last day oflast exposure to the conditions causing
or aggravating such bodily injury by disease must occur during the policy period.
TAC RMP we (01/12)
Board Approved 12-1-11
B. We Will Pay
Subject to the limits stated in the Declarations, we will pay all sums you legally must pay as
damages because of the death of your employees, provided the death is covered by this
Employers Liability Coverage.
C. Exclusions
This coverage does not cover:
1. liability assumed under a contract. This exclusion does not apply to a walTanty you're
your work will be done in a workman like manner;
2. punitive or exemplary damages because of death to an employee employed in violation of
law;
3. death of an employee while employed in violation of law with your actual knowledge or
the actual knowledge of any of yom' officers;
4. any obligation imposed by a workers compensation, occupational disease, unemployment
compensation, or disability benefits law, or any similar law;
5. death intentionally caused by you;
6. bodily injury occun'ing outside the United States of America, its tenitories or possession,
and Canada. This exclusion does not apply to bodily injury to a citizen or resident of the
United States of America or Canada who is temporarily outside these countries;
7. damages arising out of coercion, criticism, demotion, evaluation, reassignment,
discipline, defamation, harassment, humiliation, discrimination against or tennination of
any employee, or any personnel practices, policies, acts or omissions;
8. death to any person in work subject to the Longshore and Harbor Workers' Compensation
Act (33 USC Sections 901-950), the Nonappropriated Fund Instlumentalities Act (5 USC
Sections 8171-8173), the Outer Continental Shelf Lands Act (43 use Sections 1331-
1356), the Defense Base Act (42 use Sections 1651-1654), the Federal Coal Mine
Health and Safety Act of 1969 (30 use Sections 901-942), any other federal workers or
workmen's compensation law or other federal occnpational disease law, or any
amendments to these laws;
9. death to any person in work subject to the Federal Employers' Liability Act (45 USC
Sections 51-60), any other federal laws obligating an employer to pay damages to an
employee due to bodily injury arising out of or in the course of employment, or any
amendments to those laws;
10. death to a master or member of the crew of any vessel;
II. fines or penalties imposed for violation of federal or state law;
12. damages payable under the Migrant and Seasonal Agricnltural Worker Protections Act
TAC RMP we (01/12)
Board Approved 12-1-11
(29 USC Sections 1801-1872) and under any other federal law awarding damages for
violation of those laws or regulations issued thereunder, and any amendments to those
laws;
13. damages arising out of operations for which you have violated or failed to comply with
any Workers' Compensation Law;
14. Death by disease unless prior to thirty-six months after the policy period written claim is
made or suit is brought against you for loss because of such injUlY or death resulting
therefrom.
D. We Will Defend
We have the right and duty to defend, at our expense, any claim, proceeding or suit against you
for damages payable by this Coverage Document. The Pool has the right to investigate and
settle these claims, proceedings and suits and such settlement may be made without your consent.
We have the right to make all final decisions concerning settlement of any claim, proceeding, or
suit against you for benefits payable herein, regardless of whether you must pay a deductible,
self-insnred retention, or other payment. If you settle a claim, proceeding or suit without our
approval, it will be at your own expense.
The Pool has no duty to defend a claim, proceeding or suit that is not covered by this Coverage
Document. The Pool has no duty to defend or continue defending after we have paid our
applicable limit of liability under this Coverage Document.
E. Limits of Liability
Our liability to pay for damages is limited. Our limits of liability are shown in Item D. of the
Declarations Page. They apply as explained below.
1. Death by Accident. The limit shown for "death by accident-each accident" is the most
we will pay for all damages covered by this Coverage Document because of death to
one or more employees in anyone accident.
2. Death by Disease. The limit shown for "death by disease-Coverage Document limit" is
the most we will pay for all damages covered by this Coverage Document and arising
out of bodily injury by disease, regardless of the number of claimants who die by disease.
The limit shown for "death by disease-each employee" is the most we will pay for all
damages because of bodily injury by disease to anyone claimant.
3. We will not pay any claims for damages after we have paid the applicable limit of our
liability under this Coverage Document.
TAC RMP WC (01/12)
Board Approved 12-1-11
F. Recovery From Others.
Pursuant to this Coverage Document and the Interlocal Agreement, the Pool has Claimant's
rights to recover our payment from anyone liable for an injury covered by this Coverage
Document. You will take reasonable and necessary actions to protect those rights for us and
help us enforce them.
G. Other Coverage
If other applicable coverage exists, we will not pay more than our share of benefits and costs
covered by both this Coverage Document and other insurance or self-insurance. Subject to any
limits ofliability that may apply, all shares will be equal until the loss is paid. If any insurance or
self-insurance is exhausted, the shares of all remaining insurance will be equal until the loss is
paid.
H. Actions Against us
There will be no right of action against us under this Coverage Document unless:
1. You have complied with all the tenns of this Cove...ge Document and the Interlocal
Agreement;
2. The amount you owe has been determined with our consent or by actual trial and final
judgment.
This coverage does not give anyone the right to add us as a defendant in an action against you to
detemline your liability.
PART THREE-MEMBER'S DUTIES IF INJURY OCCURS
Tell us at once if injury occurs that may be covered by this Coverage Document. All of your
duties apply to both Part One and Part two of this Coverage Document, and must be perfonned
as a condition of coverage. Your other duties are listed here:
I. Provide for immediate medical and other services reqnired by the workers compensation
law.
2. Give us the names and addresses of the injured persons and of witnesses, and other
infonnation the Pool may need.
3. Promptly give us all notices, demands and legal papers related to the injury, claim,
proceeding or suit.
4. Cooperate with us and assist us, as the Pool may request, in the investigation, settlement
or defense of any claim, proceeding or suit.
5. Do nothing after an injury occurs that would interfere with our right to recover limn
TAC RMP WC (01/12)
Board Approved 12-1-11
others.
6. Do not voluntarily make payments, assume obligations or incur expenses, except al your
own cost
PART FOUR-CONTRIBUTION
A. Contribution Calculation
You will be charged an annual estimated contribntion based on your payroll, by classification,
and loss experience in accordance with our uuderwriting policies. A Member obtaining
Workers' Compensation coverage through us must submit an annual estimated payroll, by payroll
classifications of the Member, to us no later than sixty (60) days prior to the first day of the
coverage period. At the end of the coverage period, you must provide us with the actual payroll
for the coverage period. If your actual annual payroll differs from the estimated payroll, the
amount of the annual contribution may be adjusted. If, after this adjustment, the actual
contribution is more than the estimated contribution paid by you, we shall notify you of the
difference and you shall immediately remit the additional amount to us. If the actual
contribution is less than the estimated contribution paid by you, we shall refund the excess
amount to you.
B. Contribution Payments
The annual contribution must be paid in fom quarterly payments. We will submit quarterly
invoices in advance and ~'ou must pay in advance ofthe quarter. Payment is due upon receipt of
invoice. Any payment not received within thirty (30) days of the date of billing may accrue
interest at the rate of I % per month. If any payment or contribution is not paid as required, we
may cancel coverage. You shall remain obligated for such unpaid contribution for the period
preceding tennination.
C. Records and Audit
You will allow us, our agents, contractors, employees and officers reasonable access to all your
facilities and records including, but not limited to, financial records, that relate to this Coverage
Document, as required for the administration of the Pool. You may audit and submit corrected
payroll within 12 months of the expiration of the Coverage Document, and only for the expiring
coverage period. Any submission of audited or c01l'ected payroll infonnation must be inclusive
of all payroll classifications. If the audit of all payroll classifications results in a net refund of
contribution due to you, we will pay this amount to you within 60 days.
D. Submission ofInfonnation
A Member obtaining Workers' Compensation coverage Ihrough us, must submit an annual
eslimated payroll, by payroll classifications of the Member, to us no later than sixty (60) days
prior to the first day of the coverage period. At the end of the coverage period, you must provide
us with the actual payroll for the coverage period. Failme to submit the required infonnation
within 30 days of the renewal date or failure to pay any penalty provided for in this section may
result in cancellation of coverage.
TAC RMP WC (01/12)
Board Approved 12-1-11
PART FIVE-CONDITIONS
A. Agreement to Participate
Nothing in this Coverage Document supersedes or replaces the prOVlSlons of the Texas
Association of Counties Risk Management Pool Interlocal Participation Agreement that govems
your right to participate in T AC RMP and states the conditions of your participation, including
without limitation your duty to pay any deductibles authorized therein, to pay coutributions, and
to comply with actuarial and/or undelwriting requirements unless said Interlocal Agreement is
amended by the T AC RMP Board of Trustees to provide so. The Pool's fulfillment of its
obligations under this Coverage Document in accordance with the tenns, conditions, definitions,
limitations, and exclusions herein also fulfills any duty the Pool has under said Interlocal
Agreement to make workers' compensation or other coverage available to you and to pay claims
related to such coverage.
B. Inspection
We have the right, but not obligation, to audit and inspect your operations and property at any
time upon reasonable notice and during regular business hours, as we deem necessary to protect
the interest of the Pool. We may give you reports on the conditions that we find. We may also
recommend changes. While these recommendations may help reduce losses, we do not undertake
to perfonn the duty of any person to provide for the health or safety of YOUl' employees or the
public. We do not walTant that your workplaces are safe or healthful or Ihat they comply with
laws, regulations, codes or standards.
C. Cooperation with Risk Control Programs
We may provide risk control recommendations, training, consultations or other services to assist
you in reducing losses. You shall cooperate with us to implement risk control programs for the
purpose of eliminating or minimizing hazards that may contribute to losses.
D. Coverage Period
The Coverage Period shall be the coverage period stated in the Declarations.
E. Transfer of Your Rights and Duties
Your rights and duties under this Covel'age Document may not be IransfelTed without our
written consent.
F. Cancellation
I. If at any time this Coverage Document is cancelled by any patty we hold any contributions
which are refundable to you because they would have applied to the pOliion of the Coverage
Document period that followed the effective cancellation date, we will retum any such
refundable contributions promptly at the end of the audit period during which the
cancellation occurs.
2. If this Coverage Document, or any other coverage with the Pool, is cancelled prior to the
expiration date, the contribution payable may be adjusted to reflect loss of package
discounts, renewal credits or any other undelwriting credits that are based upon participation
in the Pool.
3. If this Coverage Document is cancelled before the end of the Coverage Document period,
you will be subject to the short rate earned contribution factors.
TAC RMP WC (01/12)
Board Approved 12-1-11
G. Pool Coordinator
You are required to designate a represeutative, pursuant to Interlocal Agreement, to make and
receive communication with us.
H. Third Patty Administrator
Ifwe designate a Third Patty Administrator (TPA), we retain all authority to control the defense
and settlement of claims, suits, or proceedings othelwise covered by this Coverage Document,
and we retain any duty to pay claims, damages, or expenses olherwise covered herein. We will
give you notice of any such appointment which will include the address and phone number for
the TP A. If a TP A is designated, you must timely provide 10 the TP A all notices and reports
required by this Coveragc Document including without limitation any legal papers, complaints,
or demands related to 'bodily injury by accident' or bodily injUlY by disease' (which must be
provided promptly) and any notices of the occurrence of such injuries. You must provide the
TP A as soon as practicable with all infonuation reasonably required to process and administer
any claim, demand, or suit against yon for which you seek coverage under this Coverage
Document.
PART SIX-USE OF INSURANCE TERMS
The Texas Association of Counties Risk Management Pool ("the Pool") was created by interlocal
agreement to enable its MEMBERS to obtain coverage against various types of risk. For
convenience and clarity, this document may use tenus customarily used in the insurance industry,
but this is not a contract of insurance. It is an agreement between political subdivisions to cover
certain risk pursuant to the provisions of Chapters 791 and 2259 of the Texas Government Code, and
Chapter 504 of the Texas Labor Code. The Pool's MEMBERS, which are political subdivisions of
the State of Texas, participate in Pool as an altemative to commercial insurance.
TAC RMP we (01/12)
Board Approved 12-1-11
AWARD BIDS FOR GENERAL LIABILITY INSURANCE, AUTO LIABILITY/PHYSICAL DAMAGE
INSURANCE, PUBLIC OFFICIALS E&O LIABILITY INSURANCE, LAW ENFORCEMENT LIABILITY
INSURANCE, PROPERTY, EQUIPMENT BREAKDOWN, INLAND MARINE, SUDDEN & ACCIDENTAL
POLLUTION LIABILITY INSURANCE, WORKERS' COMPENSATION & CRIME INSURANCE FOR
CALHOUN COUNTY FOR THE PERIOD BEGINNING JANUARY 1, 2013:
Motion:
A Motion to award TAC the bid for Liability was made by Commissioner Galvan. Not seconded.
Discussion:
Travis McDavid (GSM): I know Travelers has to write the Law Enforcement and Public Officials in with the
General Liability package. The TAC package has to write the Auto and General Liability; does Law Enforcement
and Public Offices need to be included with the General Liability or not?
Don Gray: No, you could use TAC on the Auto and General Liability and then use Darwin for Public Officials and
the Law Enforcement.
Travis McDavid: The Public Officials looks comparable and is lower and the Law Enforcement is an "occurrence"
made versus a "claims-made" policy and is more expensive. There's a big difference there.
Don Gray: In any other situation, would say go with the "occurrence" policy, but in this particular situation, but
don't see a problem with the "claims-made" policy.
Travis McDavid: The Public Officials and Law Enforcement are all packaged together on the General Liabilities
on some of the proposals. On others it is shown as separate liabilities. Could the Public Officials and Law
Enforcement be pulled out and placed with anther insurer? There is a difference in premiums and is actually
lower and want to know if the County wants to go with one or the other or if they to keep it all together.
Don Gray: Like TAC's Public Officials' and Law Enforcements' $2M claim.
Motion:
The Motion to award the bids for the total Liability Insurance package, [everything from page 1 to page 5 on
the RFP: General Liability Insurance, Automobile Liability, Public Officials Error and Omissions Liability
Insurance, Law Enforcement Liability Insurance, County Clerk Errors and Omissions Liability Insurance and
District Clerks Errors and Omissions Liability Insurance] to TAC was made by Commissioner Galvan and
seconded by Commissioner Lyssy.
Commissioner Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
Discussion:
Commissioner Finster: Regarding TAC's Property rates subject to change on July 1, 2013 (Note 4 page 12),
Piease explain that.
Lori Wiggins: TAC (Texas Association of Counties along with 18 other state associations) formed their own
insurance company pool. For all counties and for all the state associations they have a renewal date of July 1 is
because it is between hurricane seasons so that they are able to look at what is going to happen between "here
and there" and then do the renewal in the middle. That is why you are looking at a July 1 renewal date.
(Example: Lexington carried about 70% of the Sandy exposure. It will be a big hit for a lot of carriers, but
doesn't necessarily effect your pool.)
Don Gray: The dollar amount is a proposed annual premium guaranteed rate for 12 months, but County will
only be paying half of that premium until the July rate change.
Judge Pfeifer: TAC has some pier coverage that comes up to $500,000 per location which covers fire,
windstorm, flood, hurricane.
Lori Wiggins: Policy is specifically written for firecrackers. $500,000 is the limit that TAC gives, but that can be
scheduled at a higher/different amount.
Judge Pfiefer: One of the piers is valued at $1.2 but cost $480,000 to build.
Commissioner Finster: The Port O'Connor pier is 700+ feet long with a "T" shape at the end of it and is valued
at approximately $800,000,
Don Gray: Current Pier policy is only for fire. TAC was able to ask for the pricing on limit of $3M on piers the
premium came back at $7,000+, On $l.2M - $1.6M will probably be half of that. TAC covers any event
(covered as any other property in the county, windstorm, fire, flood, barge hitting it, tidal waves). Didn't
include the piers in the RFP because the way the County is doing it is great. The $18,000 pier policy TAC can
add in.
Commissioner Finster: Why has the County never carried flood insurance on the Courthouse?
Shannon Salyer: It was decided that it was too expensive for something that wasn't needed. No one could
remember the Courthouse having ever flooded during any storm.
Commissioner Lyssy: The Jail is about 3 - 4 feet lower than the Courthouse and that is why flood is carried on
the Jail.
Travis McDavid: Don, on the property differences, there is a $30,000 difference approximately in premium with
a $500,000 difference in deductible with a 1% difference for damage and $5M in flood insurance in "pool"
option. Why $50M in named windstorm and not $45M or $44M? And is the $50M of named storm separate
dedicated limits for Calhoun?
Don Gray: Some people were under the impression that TACOs $50M windstorm limit would be shared by all of
the counties that they covered. That is would have to be divided out between all of counties covered by TAC
effected by the named windstorm. That is not the case. It is per individual county.
Travis McDavid: Don't know how TACOs "pool" structure is, but every "pool" structure is different. How people
apply the "pool" and just wanted to clarify the "pool" for Calhoun County.
Judge Pfeifer: Is the difference between GSM and TAC is $30,000 in premium and 2% deductible on named
windstorm and hail damage?
Don Gray: TAC will cover hail separately and not as part of the windstorm coverage. Only the windstorm
(hurricane) damage is covered at the 2% deductible damage value.
Judge Pfeifer: The main damage will be from a named storm, but over the years, may have some hail damage.
So the hail damage will be covered by the property liability and the storm would be covered under the
windstorm.
Commissioner Lyssy: The sub-limits are a lot different.
Don Gray: The sub-limits can be adjusted, but would have to be done on a individual basis sub-limit by sub-
limit.
Lori Wiggins: That is what counties need and that is why we put the sub-limits in there. We've paid the losses
and know what counties need.
Travis McDavid: We can definitely adjust the sub-limits. If we had the sub-limit variable in there where $30,000
plus variable would be $5,000 maximum to $500,000 deductible. Our rates are guaranteed for a year. With the
rates, it's a big difference in pricing that for $30,000 to buy $500,000 back.
Commissioner Galvan: With the clauses for TWIA, there is a large expense. It's extremely high.
Shannon Salyer: Does it have to be a package deal on property?
Don Gray: No. It can be divided out. Wouid recommend placing Crime (employee dishonesty) with TAC and
canceling the policies that are in effect now and will expire in September 2014 so that you can get the $100,000
limits instead of the $10,000 limits. Would see you keeping the building and contents portion of the property,
the inland/marine portion of the property and mechanical breakdown of the property, keep those three (3)
together. Those policies can go with Great American or with Lioyds and you can get a supplemental windstorm
policy.
Shannon Salyer: So following your recommendation, they [the County] would need to make the motion to go
with TAC for the employee dishonesty and the remaining coverages would go with GSM?
Don Gray: No, not with GSM but with the insurance company name.
Shannon Salyer: So they [coverages] don't have to be approved together, but could be awarded separately?
Don Gray: The crime/employee dishonesty should be awarded separately from the other policy coverages,
Commissioner Lyssy: So with TAC, is TWIA a separate coverage or all included?
Don Gray: It's included in TAC's. You would not have to renew with TWIA if you went with TAC. The premium
totals are included in the property totals under TAC and shown as $0 on the windstorm premium (page 9 & 10).
Commissioner Finster: [Addressed to Ms. Wiggin] Is the pier coverage included under the property coverage
for TAC? It's not listed on the proposal or anything?
Lori Wiggin: it's just another enhancement of our coverage. It's listed on the DEC (Declaration) page.
Don Gray: One of the easy motions to make will be on Worker's Compensation.
Motion:
A Motion to award Worker's Compensation Insurance to TAC was made by Commissioner Galvan and
seconded by Commissioner Lyssy.
Commissioner Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor.
Discussion:
Commissioner Lyssy: So that has a $12,000 deduction for having general liability with it [TAC]?
Lori Wiggins: It's 10% deduction for all coverage, so it would be about an 8% deduction for general liability
coverage with just the liability.
Commissioner Lyssy: With TWIA there is going to be uncertainty.
Judge Pfeifer: It's going to go up. Does TAC have enough money to pay a large windstorm claim?
Lori Wiggins: Yes. The pool carries a certain limit and then there other layers of re-insurance over and above
that.
Don Gray: There's $50M that is set apart for a policy for Caihoun County,
A Motion to stay with GSM was made by Commissioner Finster:
Don Gray: Have to specific with the insurance company's policy that are being bought. Need to specify which
company for each policy type.
A Motion to amend previous motion to award the following bids was made by Commissioner Finster:
1. Great American the bid for Property
2. Great American the bid for Contractors Equipment/Inland Marine
3. GreatAmericanthe bid for Equipment Breakdown
4, TAC the bid for Employee Dishonesty
5. Fidelity National (renew) the bid for Flood
6. TWIA (renew) the bid for Separate Windstorm/Hail (locations other than Courthouse, MMC
& Jail)
7. Lloyds (renew) the bid for Separate Windstorm/Hail (on Courthouse, MMC & Jail)
The motion was not seconded.
Don Gray: You can also move to spend the additional $5,000 to have higher sub-limits.
Judge Pfeifer: Comparisons:
TAC
like the pier coverage because there is not an extra charge
. do not like the rate renewal date of July 1, 2013 because it doesn't meet "specs" because we
like to budget for a year and we don't anticipate coming in mid-year and having to amend
budgets
do not like the 2% deductible on named storm
GSM
may have increased cost of premium over TAC but that may not be if we DO have a named
storm; they may actually come in quite a bit under with the 1% deductible.
long term dealings - have always taken care of us [county]
Commissioner Lyssy: What we're dealing with are the uncertainties,
Motion:
A Motion to award Contractors Equipment/Inland Marine Insurance, Employee Dishonesty Insurance,
Equipment Breakdown Insurance, Property Insurance, Flood Insurance, Separate Windstorm/Hail on locations
other than the Courthouse, Memorial Medical Center and Jail and Separate Windstorm/Hail on the Courthouse,
Memorial Medical Center and Jail to TAC was made by Commissioner Galvan and seconded by Commissioner
Lyssy.
Commissioner Galvan, Lyssy, Fritsch and Judge Pfeifer all voted in favor. Commissioner Finster
voted against the motion. The motion was passed with four (4) in favor and one (1) against.
Court was adjourned at 2:40 P.M.