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Insurance Certificate: Rogue Valley Council of Governments
DATE (MMIDDlYYYY) ACORO® CERTIFICATE OF LIABILITY INSURANCE 01 / 10/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marcy Baker NAME: Ward Insurance Agency PHONE (541)687-1117 FAX (541)342-8280 AIC N. Ext : A1C No PO Box 10167 E-MAIL marcy@wardinsurance.net ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC N Eugene OR 97440 INSURERA: Special Districts Assn of Ore INSURED INSURER B : Rogue Valley Council of Governments INSURER C : PO Box 3275 INSURER D INSURER E : Central Point OR 97502-0011 INSURER F : COVERAGES CERTIFICATE NUMBER: 18/19-1 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDIYYYY MM1DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 500,000 CLAIMS-MADE OCCUR PREMISES Ea occurrence $ X PUBLIC OFFICIALS MED EXP (Any one person) S A PROFESSIONAL LIABILITY Y 33P44372-429 0110112018 01101/2019 PERSONALBADV INJURY 5 GEN'LAGGREGATELIMITAPPLIESPER. GENERAL AGGREGATE S POLICY [71 PROJECT FILOC PRODUCTS - COMP/OP AGG S OTHER S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 500,000 Ea accident X ANY AUTO BODILY INJURY (Per person) S A OWNED SCHEDULED 33P44372-429 01101/2018 01/01/2019 BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS X HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY X AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S 5,000,000 A X EXCESS LIAB CLAIMS-MADE 33P44372-429 01/01/2018 01/01/2019 AGGREGATE $ 5,000,000 DED RETENTION S $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L. EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE S If yes, descnhe and?r DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS ! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re. Using property for meal site. City of Ashland, its officers, employees and agents are named as additional participants with respects to work performed by the Rogue Valley Council of Governments per attached SDIS liability coverage document - January 1, 2017. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street AUTHORIZED REPRESENTATIVE Ashland OR 97520 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SDIS LIABILITY COVERAGE DOCUMENT INDEX Page 1. COVERAGE AGREEMENTS 1 i I II. DEDUCTIBLES 3 S III. ADDITIONAL COVERAGES 5 S~D IV. EXCLUSIONS 12 V. LIMITS OF LIABILITY 26 VL CONDITIONS 27 A. ACTION AGAINST THE TRUST 27 B. SUBROGATION 28 C. CHANGES 28 D. CANCELLATION 28 E. NON-ASSIGNABLE 29 Special Districts Insurance Services F. CONTRIBUTION 29 Liability Coverage Document G. CROSS LIABILITY. 29 H. COVERAGE PERIOD(TERRITORY 30 1. GOVERNMENT INSTRUMENTALITY 30 J. LIBERALIZATION CLAUSE 30 K. OTHER COVERAGE OR INSURANCE 30 L. BANKRUPTCY 31 M. DUTIES IN THE EVENT OF OCCURRENCE, Effective January 1, 2017 OFFENSE, CLAIM, SUIT OR ACTION 31 N. REPRESENTATIONS 32 0. DEFENSE COUNSEL PANEL SELECTION 32 P. MEMBERSHIP IN SDAO 33 SDIS I~~WI~~~',r~crrrr Dnwmu S.nuw, i, lob' SDIS WWIn COr,r~jr Du-worni lu,uwr l.101' SPECIAL DISTRICTS INSURANCE SERVICES LIABILITY COVERAGE DOCUMENT VII. DEFINITIONS 33 This is a Liability Coverage Document under which the Named Participant's Liability VIII. SUPPLEMENTAL COVERAGE DOCUMENTS Coverage Declarations (hereafter referred to as "Declarations") are issued, The Coverage Provisions within the Liability Coverage Document set forth the coverages A. PERSONAL INJURY PROTECTION SUPPLEMENTAL afforded Participants by the Special Districts Insurance Services Trust (hereafter COVERAGE 45 referred to as 'the Trust') pursuant to its Trust Agreement, Bylaws and Rules, and in accordance with ORS 731.036.4 and ORS 30.282. A Named Participant must be a B. UNINSURED/UNDERINSURED MOTORIST BODILY INJURY member or associate member of the Special Districts Association of Oregon before SUPPLEMENTAL COVERAGE 52 coverage will be provided hereunder. Coverages A. B and C as described below apply to general Iiabl@y, automobile liability, Employment Practices liability, employee benefits liability and professional liability exposures Defined terms appear in boldface type. L COVERAGE AGREEMENTS In consideration of the contribution made, and subject to the terns, exclusions and definitions hereinafter mentioned, the Trust will pay those sums which the Participant shall be legally obligated to pay as Damages because of Bodily Injury, Personal Injury, Property Damage and Wrongful Acts to which the following applies: Coverage A'. Liability for Damages caused by a Tort arising under and governed by the Oregon Tort Actions Against Public Bodies Act, including the limits of liability set forth therein, Oregon Revised Statutes 30.260 to 30.300. This Coverage only applies to liability caused by an Occurrence or Wrongful Act as defined in this Coverage Document Coverage B- Liability for Damages arising out of Federal Claims, including Wrongful Acts arising from Employment Practices and from the Administration of Employee Benefits Programs. Coverage for Employment Practices liability and Employee Benefits Programs liability applies to any Damage sustained by an Employee This coverage applies to liability caused by an Occurrence or Wrongful Act as defined in this Coverage Document - Coverage C'. Liability for Damages arising out of Bodily Injury. Property Damage, or Personal Injury, arising out of an Occurrence that is subject to the jaws and jurisdiction of any State. other than the State of Oregon, of the United States of America, or other jurisdiction within the Coverage Territory to which this Coverage Document applies. I mu u.xny co y. 1 .,r .1•r rn• ~ w.• Coverages A, B and C apply to Bodily Injury, Personal Injury Property The Trust has no duty to defend until such time as the Participant or Named Damage or Wrongful Act(s) only it Participant has provided notice to the Trust as provided in Section VI Conditions, Subsection M., and the Trust shall have no obligation to pay any I The Bodily Injury, Personal Injury, Property Damage or Wrongful sum for fees, expenses or costs incurred for the defense of a Participant or Act(s) takes place in the Coverage Territory. Named Participant prior to such notice. 2 The Bodily Injury, Personal Injury. Property Damage or Wrongful SUPPLEMENTARY PAYMENTS Act(s) takes place during the Coverage Period. provided that prior to the Coverage Period, no Participant authorized by the Named Participant to Solely with respect to any Claim which is covered under Coverages A, B and C give or receive notice of an occurrence or claim, knew that the bodily above, in which the Trust defends, the Trust will pay injury. property damage or wrongful act(s) had taken place , in whole or in pan. If such a Participant knew, prior to the Coverage Period, that the A. All expenses the Trust incurs. bodily injury, property damage or wrongful act(s) took place, then any continuation, change or resumption of such bodily injury, property B. Up to $300 for cost of bail bonds required because of Bodily damage or wrongful act(s) during or after the Coverage Period will be Injury, Property Damage or traffic law violations arising out of the deemed to have been known prior to the Coverage Period and will not be use of any vehicle to which Coverages A, B and C apply The covered hereunder. Trust does not have to apply for or furnish these bonds. 3 Bodily Injury. Personal Injury. Property Damage or Wrongful Act(s) C. The cost of bonds to release attachments in any Suit or Action will be deemed to have been known to have taken place at the earliest against a Participant the Trust defends, but only for bond amounts time when any Participant authorized by the Named Participant to give within the applicable Limit of Liability. The Trust does not have to or receive notice of an Occurrence or Claim apply for or furnish these bonds a. Reports all. or any part, of the Bodily Injury, Personal Injury, D. All reasonable expenses that the Trust request's the Participant Property Damage or Wrongful Act(s) to the Trust or any other incur to assist the Trust in the investigation or defense of the Claim insurer. including actual loss of earnings up to $300 a day because of time off work. b. Receives a written or verbal demand or Claim for Damages because of the Bodily Injury, Personal Injury, Property Damage E. All costs taxed against the Participant in the Suit or Action or Wrongful Act(s), or F. Prejudgment interest awarded against the Participant on any part c Becomes aware by any other means that Bodily Injury, Personal of the judgment the Trust pays. If the Trust makes an offer to pay Injury, Property Damage or Wrongful Act(s) has taken place . the applicable Limit of Liability, it will not pay any prejudgment DEFENSE interest based on the period of time after the offer. G. All interest on the full amount of any judgment which is covered The Trust shall have the right and duty to defend any Suit or Action against a under Coverages A, B and C above that accrues after entry of the Participant seeking Damages on account of liability covered by Coverages A, B judgment and before the Trust has paid, offered to pay, or and C, even if any of the allegations of the Suit or Action are groundless, false deposited in court the part of the judgment that is within the or fraudulent, and to make any such investigation and settlement it deems applicable Limit of Liability. expedient. These supplementary payments will not reduce the Limit of Liability . The duty to defend any Suit or Action shall terminate, except as provided hereafter, when such Suit or Action ceases to seek Damages against the If. DEDUCTIBLE(S) Participant, The Trust shall not be obligated to pay any Claim or judgment, or to defend any Suit or Action, after the applicable Limit of Liability has been A. Where there is a Deductible(s) shown on the Declarations. It is to exhausted. be applied per Occurrence or Wrongful Act, regardless of the number of Occurrences or Wrongful Acts during the Coverage i Period. The Trust will pay Claims without application of the Ill. ADDITIONAL COVERAGES Deductible(s). The Named Participant will then reimburse the Trust for any Deductible(s) within thirty (30) calendar days after These Additional Coverages are provided by the Trust to a Participant. Unless notice is given to the Named Participant of such payment- otherwise indicated in this Section III, these Additional Coverages will not be in addition to the Total Limit of Liability identified on the Declarations. All other B. The Deductible(s) will apply only to the actual Damages paid to a terms, conditions, exclusions and definitions of this Coverage Document apply to claimant or their legal representative. Actual Damages will include the Additional Coverages unless otherwise expressly indicated. As a condition all settlement amounts paid to a claimant. precedent to these Additional Coverages the Participant must provide notice to the Trust as provided in Section VI. Conditions. Subsection M. of this Coverage C. Payment of Defense Costs incurred will not be included within the Document and the Trust shall have no obligation for any Defense Costs Deductible(s), incurred by the Participant prior to such notice . Any titles referenced within this Section III. Additional Coverages are inserted solely for convenience of reference D. The Participant is responsible for the first $25,000 of any and shall not be deemed in any way to limit or affect the Additional Coverage to Damages paid by the Trust on behalf of the Participant with which they relate. respect to any Claim arising out of the termination of employment, or suspension without pay and benefits, of any Employee of the Additional Coverage A' OSHA DEFENSE COSTS Named Participant However, this Deductible shall be waived if the Participant has contacted the Trust, or legal counsel approved Upon written approval of the Trust, the Trust will defend a Named Participant in advance by the Trust. before such termination or suspension of from OSHA enforcement proceedings and pay associated Defense Costs, the employment, and has followed all reasonable advice provided to Trust's obligation to pay for the defense of the Named Participant is limited the Participant by the Trust or such approved legal counsel with solely to Defense Costs. The Trust shall not be liable for Defense Costs in respect to such termination or suspension of employment. The excess of $5,000 per OSHA proceeding (regardless of when the Defense Cost $25,000 deductible, or the applicable portion thereof payable by the is incurred) or $5,000 per Named Participant, in the aggregate for any and all Participant, will be charged to the Participant after settlement of OSHA defense proceedings in any one Coverage Period the Claim or payment of Damages by the Trust. Additional Coveraae B. ETHICS COMPLAINT DEFENSE COSTS If a Deductible of $25,000 or greater is shown on the Declarations, then the Deductible shown on the Declarations will apply and the The Trust will pay Defense Costs in the defense of administrative complaints Deductible will not be waived for any reason. before the Oregon Government Ethics Commission (Ethics Complaints) as provided herein. E When an Employee is terminated before the expiration of an employment contract that requires payment of a severance for t This Additional Coverage B applies only to the defense of ethical early termination, and the terminated Employee is later due complaints against a Participant who is a public official, alleging violations Damages as a result of any Claim in any way related to of ORS 244.040 or ORS 244.120 through ORS 244.135, in connection termination, the Named Participant will pay a Deductible equal to with the Participant's relationship to the Named Participant. This the severance amount stated in the employment contrail. This Additional Coverage B does not cover fines, penalties or Damages. provision only applies if the Named Participant does not pay the severance under the employment contract . This provision does not 2 The amount the Trust will pay under this Additional Coverage B shall be apply to a union contract. limited to $2.500 for any individual public official for all complaints arising in any one Coverage Period. The amount the Trust will pay shall also be F. A $10,000 Deductible applies to each loss caused by a fire that is limned to $5,000 for all public officials of any one Named Participant for intentionalty set by a Named Participant, for a training exercise or all complaints arising in any one Coverage Period. demolition of a structure, unless the Trust opinions that the Named Participant documents and demonstrates satisfactonly that it 3 The Trust will have no obligation to pay for Defense Costs, under this followed guidelines established by the Oregon State Fire Marshal's Additional Coverage B, for complaints made by, or on behalf of, the Office or the Board on Public Safety Standards and Training Named Participant, the Named Participant's board of directors or any (BPSST). individual member of the Named Participant's board of directors. ruu uaay c..,.t.m~I .r~.n 1. x.r' ItiQ rdv sore u.wx. co...q. n~..nl ti...n 1. nl' ns..a.. 4 The Trust will have no obligation to pay for Defense Costs under this Subject to the following provisions, and notwithstanding Section IV. Exclusions, Additional Coverage B unless the Participant notifies the Trust of a K. or L.. the Trust will pay a maximum of $100.000 each Occurrence and in the complaint within thirty (30) calendar days of first communication from or to aggregate, for any and all Occurrences resulting in Claims in any one the Oregon Governmental Standards and Practices Commission. Such Coverage Period, for Bodily Injury and Property Damage, including any notice must be provided as set forth in Section VI. Conditions, Subsection Defense Costs associated therewith, and any cleanup expenses, ansing out of M. of this Coverage Document, and the Trust has no obligation for any the actual or alleged discharge, dispersal, release or escape of Pollutants, Defense Costs incurred prior to such notice. arising out of the Named Participant's premises or operations performed by or on behalf of the Named Participant. 5 The Trust will have the right, but not the duty, to independently investigate any complaint alleging violation of ORS 244.040 or ORS 244 120 through 1 Additional Coverage D does not apply to, or provide coverage for, any ORS 244.135. As a condition precedent to any nght to payment under Claim or damage to the Named Participant's own property or property in this Additional Coverage B, the Participant shall fully and completely the possession or control of the Named Participant, cooperate with such investigation. The costs, if any, of such investigation shall not reduce the payments otherwise payable under this Additional 2. Additional Coverage D does not apply to, or provide coverage for, any Coverage B. liability of a Participant which is subject to Section IV. Exclusions Exclusion K (3). r Reimbursement payments for Defense Costs will be made upon receipt by the Trust of adequate documentation that, Additional Coverage E: INJUNCTIVE RELIEF DEFENSE COSTS a. The legal feestexpenses were actually incurred: and Subject to the following provisions and notwithstanding Section IV. Exclusions b. no payment shall be made unless the Participant is vindicated on all Exclusion AD., the Trust will pay for Defense Costs in defending the Named counts Participant against a Suit or Action for Injunctive Relief, or declaratory relief. because of the liability of the Named Participant to which this Coverage - The Trust shall be subrogated, to the extent of any payments made under Document applies, the Trust's obligation to pay for the defense of the Named this Additional Coverage B, to any amounts recoverable by the Participant is limited solely to Defense Costs Participant from the Named Participant, other collectible insurance or pursuant to ORS 244.400. 1 The most the Trust wdl pay under this Additional Coverage is $25.000 per Occurrence or Wrongful Act and in the aggregate, for all Defense Costs Additional Coverage C. EEOCrBOLI DEFENSE COSTS incurred during the Coverage Period for the defense of the Named Participant. The Trust has no obligation to pay for the cost of complying The Trust will pay Defense Costs of the Participant in administrative with the Injunctive Relief or declaratory relief, penalties or fines which proceedings under ORS Chapter 659 before the State of Oregon Bureau of may be assessed as part of the Injunctive Relief or declaratory relief Labor & Industries ("BOLI") or the U.S. Equal Employment Opportunity Commission ("EEOC") as provided herein: 2. The Trust will have no obligation to pay for Defense Costs, under this Additional Coverage E, for complaints made by, or on behalf of. the t The most the Trust will pay under this Additional Coverage C is $50,000 Named Participant, the Named Participant's board of directors or any per Occurrence or Wrongful Act and in the aggregate for each Named individual member of the Named Participant's board of directors Participant for any and all administrative proceedings Defense Costs incurred during the Coverage Period. The Trust has no obligation to pay Additional Coverage F. CERTIFIED ACTS OF TERRORISM any penalties or fines. which may be assessed by SOLI or the EEOC against the Participant under this Additional Coverage C. This Additional Notwithstanding Section IV Exclusions Exclusion AA., the Trust will pay a Coverage C does not apply to unemployment compensation Claims or to maximum of $500.000, each Occurrence and in the aggregate, for any and all Occurrences resulting in Claims in any one Coverage Period for Bodily Injury. any Claims which would be excluded under Section IV. Exclusions Property Damage and Personal Injury, including any Defense Costs Exclusion Q. associated therewith, from any loss. cost or expense arising out of or related to, either directly or indirectly, any Terrorist Activity. This Additional Coverage does Additional Coverage 0- LIMITED POLLUTION COVERAGE not increase any Limit(s) of Liability of the Trust shown in the Declarations. Additional Coverage G. PREMISES MEDICAL EXPENSE 3. the locations where the Sexual Molestation took place. or With the Named Participant's approval. the Trust will pay reasonable medical 4. the Trust's Coverage Periods over which the Sexual Molestation took expenses incurred up to $5000 per claimant, each Occurrence and in the place. aggregate as the result of injuries sustained to guests on the premises owned or occupied by the Named Participant. Payment of such Claims will require the In addition, the Named Participant may have legal obligations to defend the following: accused Participangs) under the provisions of the Oregon Tort Claims Act ORS 30.285 and 30.287 It must be noted that such statutory provisions will legally 1. The accident (Occurrence) that caused the injury must have occurred obligate or legally prohibit the Named Participant from defending the accused within the Coverage Period. Participant(s) based upon the facts of the case In the case where the Named Participant provides defense, the Trust will provide Defense Cost coverage for 2 The medical expenses must be incurred and reported to the Trust within the accused Participant(s). However, such Defense Cost coverage will end , one (1) year from the date of the accident (Occurrence). when the accused Participant(s) is found innocent of convicted of, pleads guilty or no contest to, the crime from which the Claim of Sexual Molestation arose. 3. The medical expenses must be directly related to. and resulting from, the injury(s) sustained in the accident (Occurrence) In any event, the Bodily Injury or Personal Injury resulting in a Sexual Molestation Claim must be caused by an Occurrence or Offenses and the This coverage will not apply to Occurrence or Offenses must take place in the Coverage Territory. t Any Employee of the Named Participant. Additional Coverage I: LEAD SUBLIMIT DEFENSE COSTS 2. Any person hired to do work on behalf of the Named Participant or any Notwithstanding Exclusion AE., this Coverage Document will provide Defense tenant of the Named Participant. Costs for a Participant's liability otherwise covered by this Coverage Document for Bodily Injury or Personal Injury arising out of a Participant's handling of 3. Any person who normally occupies the premises upon which the accident lead containing materials in the scope of the Participant's duties subject to the (Occurrence) occurred. following. 4. Any person who qualifies for Workers' Compensation benefits 1 The Limit of Liability of the Trust under this exception shall not exceed under any state or federal law. $50,000 each Occurrence and in the aggregate, for any and all Occurrences during any one Coverage Period. and 5, Any individual injured while taking part in athletics. 2. The most the Trust will pay for all SDIS members covered by the Trust in Additional Coverage H: SEXUAL MOLESTATION any one Coverage Period is $200.000 in the aggregate. Once the total cost of Claims submitted to the Trust reaches $200,000 the Trust will no This Coverage Document provides coverage for the Named Participant as a longer pay Claims under this Additional Coverage I. result of vicarious liability (liability of the Named Participant for acts of Participants) for Bodily Injury or Personal Injury Damages resulting from Additional Coverage J: OREGON CONSUMER IDENTITY THEFT Sexual Molestation which occurs during the Coverage Period All such Bodily PROTECTION ACT EXPENSE REIMBURSEMENT SUBLIMIT Injury or Personal Injury will be deemed to have occurred at the time of the initial Sexual Molestation while covered by the Trust and all such Bodily Injury Subject to the following provisions and notwithstanding Section IV. Exclusion At or Personal Injury will be deemed to be one Occurrence, and only one per This Coverage Document will provide expense reimbursement for notification Occurrence Limit of Liability will apply. whether committed by the same expenses incurred by the Named Participant as a result of the following: Participant or two or more Participants acting in concert and without regard to - 1. Actions required under ORS Chapter 646A.606 to notify persons who are 1. the number of incidents of Sexual Molestation taking place thereafter the subjects of a security breach as described in ORS Chapter WA 604, 2. the number of victims of Sexual Molestation, 2. One year of credit monitoring services for person's or organization's whose confidential or personal information has been disclosed due to 4n1.411tllh fn•.+p la.vn, Je ioi P.r. nd~ SnIS IJ• • •re oev. ~ xni PKe rdY Wrongful Acts of a Participant. The Trust shall select or approve the posted on the Named Participants website or other electronic credit monitoring services vendor before any costs are incurred by the communication forums. Participant or the Trust will not reimburse the Participant; and: 2. Defense Costs or Damages that the Named Participant is legally 3. Cyber extortion threat expenses and ransom payments incurred as a obligated to pay as a result of Wrongful Acts associated with the Named direct result of a cyber-extortion threat. For purposes of this paragraph, Participants actual or alleged neglect, breach of duty or omission in cyber extortion threat is the use of a computer or other electronic maintaining the security of the Named Participants computer system. For communications system to obtain or attempt by threat unauthorized the purposes of this paragraph, computer system is defined to include access to money or other financial gain, or avoidance of financial loss. systems owned by the Named Participant, or licensed or leased by the Named Participant. The neglect, breach of duty or omission, must allow a This Additional Coverage J. shall not apply to third party to gain unauthorized access to the Named Participant's 1 Any other costs, penalties, or remedies associated with ORS Chapter computer system resulting in the publication of anthers personal 646A.604; or information or the Named Participants inadvertent transmission of a computer virus or malicious code. and 2. Anything that is or could be covered under Additional Coverage K. or which is excluded under Exclusion O. of this Coverage Document 3. Defense Costs or Damages that the Named Participant is legally obligated to pay as the result of Wrongful Acts associated with the The most the Trust will pay under this Additional Coverage: Named Participants actual or alleged, breach of duty in maintaining the 1. Shall not exceed $100,000 each Occurrence and in the aggregate. for security of personal identifying information in the Named Participants any and all Occurrences during any one Coverage Period; and care, custody and control. 2. The most the Trust will pay for all SDIS Members covered by the Trust in Additional Coverage L: CRIMINAL DEFENSE COST REIMBURSEMENT any one Coverage Period is $500.000 in the aggregate. Once the total The Trust will pay Defense Costs in the criminal defense of a Participant cost of claims submitted to the Trust reached $500,000 the Trust will no criminally charged in the death or injury of a non-participant as provided herein longer pay Claims under this Additional Coverage J. 1. This Additional Coverage L. applies only to the criminal defense of a Coverage provided under this Additional Coverage J. will not be subject to a Participant while acting within the scope of their employment or duties on deductible. behalf of the Named Participant. This Additional Coverage L. does not cover fines, penalties or Damages. Additional Coverage K: ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY SUBLIMIT 2. This Additional Coverage L. applies only to the criminal defense of a participant approved by a Majority of the Named Participants Board of Subject to the following provisions and notwithstanding Section IV. Exclusion Al. Directors the Trust will pay a maximum of $1,000.000 each Occurrence and in the aggregate, for any and all Wrongful Acts resulting in Claims in any one 3. The most the Trust will pay under this Additional Coverage L. shall be Coverage Period, for Bodily Injury. Property Damage or Personal Injury limited to $100,000 for any one Named Participant in any one Coverage arising out of the actual or alleged Wrongful Acts associated with the Named Period. Participants access or disclosure of confidential or personal information and 4. The most the Trust will pay for all SDIS Members covered by the Trust in data-related liability. Under this Additional Coverage K. the Trust will only pay any one Coverage Period is $500,000 in the aggregate. Once the total for; cost of claims submitted to the Trust reached $500,000 the Trust will no longer 1 Defense Costs or Damages that the Named Participant is legally pay Claims under this Additional Coverage L. obligated to pay as a result of Wrongful Acts associated with the content 5. Reimbursement payments for Defense Costs will be made upon receipt by the Trust of adequate documentation that. i mrs u.wie co....r. m,~...~ .i.. xni r~ i• •r m smx uraw co.r,.r. rs~~~..i a...~ r xoi n~ i i a rules, procedures, policies and standards for unmanned aircraft a The legal feeslexpenses were actually incurred; and systems including any future amendments; b Majority approval of the Named Participants Board of Directors. 2. US Department of Transportation laws and regulations for IV. EXCLUSIONS unmanned aircraft systems including any future amendments, 3. other applicable federal laws and regulations for unmanned Coverage provided by Section I. Coverages A, B and C and Section III. Additional aircraft systems including any future amendments. and Coverages under this Coverage Document do not apply to. 4. any state or local laws and regulations for unmanned aircraft A. Any liability for Damages: systems including any future amendments. 1 Which result from an act that is intended by the Participant, or can This exclusion does apply to the maintenance. operation. use or be expected from the standpoint of a reasonable person to cause entrustment to others of an unmanned aircraft system by a Participant Bodily Injury or Property Damage even if the injury or Damage is for of a different degree or type than actually intended or expected. 1. Property damage to the Participant's owned or leased property, 2. Which results from Personal Injury caused by or at the direction of the Participant with the knowledge that the act would violate the 2. damage directly to any unmanned aircraft system, rights of another or inflict Personal Injury. 3. non-business or unauthorized use of any unmanned aircraft This exclusion does not apply to Bodily Injury resulting from the use of system; or reasonable force to protect persons or property. This exclusion does not apply to the vicarious liability of the Named Participant 4. any Government fines or penalties. B. Any liability for Damages: 5. Bodily injury, personal injury, advertising injury, or property damage arising out of physical contact by any unmanned aircraft 1. Which the Participant is obligated to pay as a result of a breach of with any other aircraft, including airships i blimps or other gas or contract, express or implied, hot air filled balloons, whether manned or unmanned; 2. By reason of the assumption of liability by the Participant in a D. Any liability for Damages arising out of the Nuclear Energy Liability contract or agreement, except for an Insured Contract, and Hazard. 3. Incurred by a party to a contract with a Participant, other than an E. Any liability for Damages arising out of the ownership, maintenance, employment contract, if the damage would not arise but for the operation, entrustment or use of watercraft in excess or thirty (30) Met in contractual relationship between the parties; regardless of whether length. This exclusion applies even if the Claims against any Participant those damages are recoverable in tort . allege negligence or other wrongdoing for the supervision, hiring, employment. training, or monitoring of others by the Participant, if the C. Any liability for Damages or Defense Costs arising out of the Occurrence which caused the Bodily Injury or Property Damage maintenance, operation, use, entrustment to others. loading or involved the ownership, maintenance, use or entrustment to others of any unloading of any aircraft or unmanned aircraft system owned, operated watercraft in excess of thirty (30) feet in length that is owned or operated or loaned to a Participant. by or rented or loaned to any Participant This exclusion does not apply to the liability for the maintenance , This exclusion does not apply to watercraft commandeered by a Named operation, use or entrustment to others of an unmanned aircraft system Participant for Emergency Operations. by a Participant as long as the Participant has fully complied with F. Any liability for injury or damage to or destruction of any property owned 1 Federal Aviation Administration (FAA) regulations, certifications, by the Named Participant. mrs uaai~r co...t. xaa~~ i x•i rs~~xd•n sors u.wn c...... rnv...i i~ .r. is•.n G. Any liability for Damages for which a Participant, its insurer or the Trust 1 For which the Named Participant is liable to a third party by may be held liable under any Workers' Compensation, unemployment reason of a Claim or suit against the Named Participant, by that compensation or disability benefits law, social security; or other similar third party, to recover the Damages claimed against such third law, including, but not limited to, the Jones Ad, U.S. Defense Base Ad, party as a result of injury to the Named Participant's Employee, the Federal Employers Liability Act (FELA), or the U.S. Longshoremen's 2. For care and loss of services, and and Harbor Workers' Compensation Act. 3. For consequential Bodily Injury to a spouse, child, parent, brother H. Any obligation imposed by a workers' compensation, occupational or sister of the injured Employee (provided that these Damages disease, unemployment compensation, or disability benefits law. or any are the direct consequence of Bodily Injury that arises out of and similar law, including any volunteer or inmate for whom the Named in the course of the injured Employee's employment by the Named Participant elects to provide Workers' Compensation coverage under Participant), and ORS 656.031 or 656.041 et al.. arising out of and in the course of the 4. Because of Bodily Injury to the Named Participant's Employee Employee's, volunteers or inmate's employment or use of their services that arises out of and in the course of employment, claimed against by the Named Participant. However, the Trust agrees to provide the Named Participant in a capacity other than as employer. Employer's Liability coverage as follows. Employer's Liability coverage applies to Bodily Injury by accident or Employer's Liability coverage does not cover Bodily Injury by disease. Bodily Injury includes resulting death subject 1. Liability assumed under a contract. This exclusion does not apply to to the following a warranty that work will be done in a workmanlike manner; 1 The Bodily Injury must arise out of and in the course of the injured 2. Punitive or exemplary damages because of Bodily Injury to an Employee's employment, including any volunteer, by the Named Employee employed in violation of law, Participant, 3. Bodily Injury to an Employee while employed in violation of law 2. The employment must be necessary or incidental to the Named with a Named Participant's actual knowledge or the actual knowledge of any of its executive officers, Participant's work in the state of Oregon; 3 Bodily Injury by accident must occur during the Coverage Period. 4. Bodily Injury by disease must be caused or aggravated by the 4. Bodily Injury intentionally caused or aggravated by the Named conditions of the Named Participant's employment. The Participant. Employee's last day of last exposure to the conditions causing or 5 Bodily Injury occurring outside the United States of America, its aggravating such bodily injury by disease must occur during the territories or possessions, and Canada, Coverage Period, 6. Damages arising out of coercion, criticism, demotion, evaluation, 5. If the Named Participant is sued, the original suit and any related reassignment, discipline, defamation, harassment, humiliation, legal actions for Damages for Bodily Injury by accident or by discrimination against or termination of any Employee, or any disease must be brought in the United States of America, its personnel practices, policies, acts or omissions; territories or possessions, or Canada. 7. Bodily Injury to any person in work subject to the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901-950), The Trust agrees to pay all sums the Named Participant legally must pay the Nonappropnated Fund Instrumentalities Act (5 USC Sections Employees, Damages provided use the e Bodily Bodily Injury Injury is to the covered by Named this Participant's Employers 8171-8173), the Outer Continental Shelf Lands Ad (43 USC Liability coverage. This Employers Liability coverage is secondary to any Sections 1331-1356), the Defense Base Act (42 USC Sections coverage provided by the Named Participant's workers' compensation 1651-1654), the Federal Coal Mine Health and Safety Act of 1969 insurer. (30 USC Sections 901-942), any other federal workers or workmen's compensation law or other federal occupational disease The Damages the Trust will pay, where recovery is permitted by law, law, or any amendments to these laws; include Damages: 8. Bodily Injury to any person in work subject to the Federal Employers Liability Act (45 USC Sections 51-60), any other federal SDI514Wiry CUmaxe nu,umnl .I. nl. in l" nq l,Ann SnI51JWYq Cowrye llavmen, Ixw.ry 1. lnl' Fqe ISM laws obligating an employer to pay damages to an Employee due to Bodily Injury arising out of or in the course of employment, or a. At or from any premises. site or location which is or was at any amendments to those laws; any time owned or occupied by, or rented or loaned to, any 9. Bodily Injury to a master or member of the crew of any vessel, Participant; 10. Fines or penalties imposed for violation of federal or state law, and b. At or from any premises, site of location which is or was at 11 Damages payable under the Migrant and Seasonal Agricultural any time used by or for any Participant or others for the Worker Protection Act (29 USC Sections 1801-1872) and under handling, storage, disposal, processing or treatment of any other federal law awarding damages for violation of those laws waste; or regulations issued thereunder. and any amendments to those laws. c. Which are, or were at any time, possessed, transported, handled, stored, treated, disposed of, or processed as waste The Trust has the right and duty to defend, at the Trust's expense, any by or for any Participant or any person or organization for Claim, proceeding or suit against a Named Participant for Damages whom a Participant may be legally responsible; or payable by this Employers Liability Coverage The Trust has the right to investigate and settle these Claims, proceedings and suits. d. At or from any premises, site or location on which any Participant or any contractors or subcontractors working The Trust has no duly to defend a Claim, proceeding or suit that is not directly or indirectly on any Participant's behalf are or were covered by this Employer's Liability Coverage The Trust has no duty to performing operations. defend, or continue defending, after the Trust has paid the applicable Limit of Liability under this Coverage Document. (1) If the Pollutants are brought on or to the premises, site or location in connection with such operation by I. Any liability for Damages ansmg out of, or in any way connected with the such Participant, contractor or subcontractor, or operation of the principles of eminent domain, condemnation proceedings (including any delay in pursuing or completing condemnation), or inverse (2) If the operations are to test for, monitor, dean up, condemnation, or by whatever name called, whether such liability accrues remove, contain, treat, detoxify, or neutralize. or in directly against the Participant or by virtue of any agreement entered into, by or on behalf of the Participant. any way respond to, or assess the effects of Pollutants. J. Any liability for Damages arising out of, in connection with or relating to, any hospital, clinic or nursing home owned or operated by the Participant, Subparagraphs a. and d. above do not apply to Bodily Injury or or any such liability assumed by the Participant under contract, including Property Damage ansng, out of heat, smoke or fumes from a an Insured Contract, which arses out of or is connected with the care, Hostile Fire. treatment. rendering of health related professional services or providing any associated products or devices to any person brought to, entering or 2 Any loss, cost or expense arising out of any admitted on an inpatient or outpatient bass to such hospital, clinic or a. Request, demand, order or voluntary ad that any nursing home with the intention that rare, treatment, professional services or associated products and devices be provided. Participant or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond However, this exclusion does not apply to Incidental Medical Practice by to, or assess the effects of Pollutants, or Participants acting within the course and scope of their duties for the Named Participant. I Claim by or on behalf of a governmental authority for Damages because of testing for, monitoring. cleaning up. K. 1 For other than the Automobile Hazard, any liability for Damages, removing, containing, treating, detoxifying or neutralizing or including but not limited to Bodily Injury, Property Damage or in any way responding to or assessing the effects of Personal Injury, arising out of the actual, alleged or threatened Pollutants. discharge. dispersal. seepage, migration, release or escape of Pollutants. 3. This exclusion does not apply to a Participant's liability otherwise covered by this Coverage Document for Bodily Injury, Personal supplementary payments or any other payment or expense Injury or Property Damage arising out of a Participant's use of incurred with respect thereto. pesticides, herbicides or fungicides in the scope of the Participant's duties for the Named Participant. provided each of 5. This exclusion does not apply to a Participant's liability otherwise the following conditions are met covered by this Coverage Document for Bodily Injury or Property Damage resulting from the leakage of fluids including fuel, a. The usage meets all standards of any statutes, ordinance , hydraulic fluid, lubricants from a covered Auto or Mobile regulation or license requirement of any Federal, State or Equipment other than such fluids carried as cargo. from any local government pertaining to such use, and covered Auto or Mobile Equipment designed for land transportation, whether or not licensed for highway use, and owned b. The person or entity applying the pesticide, herbicide or or operated by or on behalf of, the Named Participant, and where fungicide is licensed to do so and is acting within the scope such leakage is caused by a collision or upset of a covered Auto or of such license. Mobile Equipment, including impacts by rocks or projectiles. The Limit of Liability of the Trust under this exception shall not 6. This exclusion does not apply to a Participant's liability otherwise exceed $50,000, for all Occurrences during any one Coverage covered by this Coverage Document for Damages, including Period, for all Damages, cleanup expenses, Defense Costs, Bodily Injury, Property Damage or Personal Injury, arising out supplementary payments or any other payment or expense of incurred with respect thereto, whether or not incurred within the Coverage Period. a The use, handling, storage, discharge, dispersal, release or escape of any chemical used in the Potable Water 4. This exclusion does not apply to a Participant's liability otherwise treatment process: covered by this Coverage Document for Damages, including Bodily Injury , Property Damage or Personal Injury , arising out b. Potable Water which is provided by the Participant to of others. a. Emergency Operations conducted by a Named L. Any liability for Damages. including Bodily Injury, Personal Injury or Participant and which are conducted away from premises Property Damage caused by, resulting from, or arising out of owned by or rented to the Named Participant: 1 Asbestos, asbestos fibers, asbestos products or to any obligation of b. Fire district training operations, the Participant to indemnity another and/or contribute with another because of Damages arising out of, or as a result of, such Bodily c Water run-off from the cleaning of the equipment used in Injury. Personal Injury or Property Damage: or Emergency Operations by a Named Participant which is a fire district or a Named Participant which is assisting a fire 2. Any supervision, instruction, recommendations, notices, warnings, district or performing the functions of a fire district. advice given or which should have been given in connection with asbestos, asbestos fibers or asbestos products. d The handling of residues or residuals after a motor vehicle accident or after a Hostile Fire has been extinguished. by a In addition, the Trust shall not be obligated to investigate, pay any Claim Named Participant authorized to fight fires, or a Named or judgment or defend any Claim for Bodily Injury. Personal Injury, or Participant which is assisting a fire district or performing the Property Damage caused by, resulting, from or arising out of asbestos, functions of a fire district. provided that the Participant's asbestos fibers or asbestos products. conduct in connection therewith is in conformance with applicable federal and stale statutes, rules and guidelines M Any liability for Damages arising out of a Participant's failure to secure and maintain proper kinds of insurance or bonds, and/or adequate The Limit of Liability of the Trust shall not exceed the Trust's amounts of insurance or bonds, and/or failure to secure insurance or Limit of Liability for each Occurrence, including within such Limit bonds in a timely fashion. Insurance or bonds includes. but is not limited of Liability, all Damages, clean-up expenses, Defense Costs, to, insurance provided by self-insurance arrangements, retention groups, nor s. ,vm -1.1 _ a i mi a, msa self-insurance trusts, pools, captive insurance companies, reciprocal Participant or on the Participant's behalf, if done in the course or exchanges or any other plan or agreement of risk transfer or assumption conduct of the practice of law. N, Any liability for Damages. P. Any liability for Damages due to 1. Arising out of any act or omission, including malfeasance and willful 1 War, including undeclared or civil war, or wanton neglect of duty, outside the scope of a Participant's powers and duties as defined in the specific enabling legislation for 2. Warlike action by military force , including action in hindering or the Named Participant, and ORS Chapter 198 or Oregon defending against an actual or expected attack, by any Administrative Rules applicable to the Named Participant's government, sovereign or other authority using military personnel or operations. other agents; and/or 2 Arising out of any acts or omissions, including malfeasance and 3. Insurrection, rebellion, revolution, usurped power, or action taken willful or wanton neglect of duty, outside the scope of a by governmental authority in hindering or defending against any of Participant's training, certification or license applicable to the these. Participant's duties, O- Any liability for back compensation, including wages or employee benefits This exclusion does not apply to the acts of directors, Employees or of any kind and interest associated therewith, with respect to any Claim by volunteers of the Named Participant, while acting as a Good Samaritan an Employee„ their heirs, beneficiaries or legal representatives. independently of his or her activities as a director, Employee or volunteer of the Named Participant, when he or she encounters the scene of an R. Any liability resulting from the action of, or failure to emergency requiring sudden action. provided, however, he or she is not responding to the scene of an emergency with or for any other emergency 1. Collect: service organization This exception does not provide coverage for a Participant (including a director, Employee or volunteer of the Named 2. Retain. Participant) for 3 Refund: a. Damages arising out of his or her providing or failing to provide, as a physician, on-line medical direction or medical 4. Disburse, command via telecommunication to emergency medical personnel: or 5. Apply: and/or b. Property Damage to property owned or occupied by or 6. Anticipate: rented or loaned to that Participant. any type of Revenue. Examples of Revenue include, but are not limited 0. Any Personal Injury liability for Damages. to, taxes, fees, charges, assessments and adjustments. 1 Arising out of oral or Written Publication of material, if done by or S. Any liability for Damages brought about by, or contributed to, any at the direction of the Participant with knowledge of its falsity, dishonest, fraudulent, criminal, bad faith or malicious act or omission arising from the deliberate violation of any Federal, State or local statute, 2. Arising out of oral or Written Publication of material whose first ordinance, rule or regulation committed by. or with the knowledge and publication took place before the beginning of the Coverage consent of, any Participant. The actual or alleged conduct of any Period: Participant shall not be imputed to any other Participant for the applicability of this exclusion. 3. Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the Participant. and/or T Any liability for Damages arising out of any act which violates ORS 294.100, or any liability for oenduct which violates ORS 294.100 (Unlawful 4. Arising out of oral or Written Publication of material by the Expenditure of Public Money.) ems u• o e~ .W,.,,~ i. :or a Mm xme u. en,.,,.,..~ i., -oi P.e•ri or.o U. Any liability for Damages arising out of any Claim for failure of Y. Any liability for Damages or Defense Costs directly or indirectly based performance of contract by any insurer, including failure of any Employee upon, arising out of or related to a discrimination class action or similar Benefit Program, representative lawsuit or related group of lawsuits. V. Any liability for Damages arising out of any Breach of Fiduciary Duty Z. Any liability for Damages directly or indirectly relating to the consumption of drinking water provided by a Participant not authorized to provide W. Any liability for Damages arising out of any. Potable Water by the Oregon State Health Division. 1. Failure of investment programs or plans, including Employee AA. Any loss, cost or expense arising out of or related to, either directly or Benefit Programs, to perform as represented by a Participant, indirectly, any Terrorist Activity. This exclusion applies regardless of any other cause or event that in any way contributes concurrently or in any 2 Advice given by a Participant to an Employee regarding sequence to the loss. participation in investment programs or plans, including Employee Benefit Programs; and/or AB. Bodily Injury, Personal Injury or Property Damage arising directly or indirectly out of, resulting from, caused by or contributed to by 3. Failure to comply with any law concerning Workers' Compensation, Unemployment Coverage, Social Security or Disability Benefits- 1. Any Fungal Pathogens. X. Any liability for Damages or Defense Costs, including any duty to defend, 2. Any solid, liquid, vapor, or gas produced by or arising out of any or Damages directly or indirectly based on, arising out of or related to Fungal Pathogens, 1. Any actual or alleged failure, partial failure, malfunction, error, 3. Any material, product, building component, or building structure that inadequacy or production of any incorrect or unintended data, contains, harbors, nurtures or ads as a medium for any Fungal information or command, by any of the following, whether belonging Pathogens; to any Participant or to others: 4. Any intrusion, leakage, or accumulation of water or any other liquid a. Computer hardware, microprocessors, computer chips, and that contains, harbors, nurtures or acts as a medium for Fungal any other computerized or electronic equipment or Pathogens, components; 5. The actual or threatened abatement, mitigation, removal or disposal b Computer software, including, but not limited to, applications. of Fungal Pathogens or any material. product, building component, operating systems and computer networks; or or building structure that contains, harbors, nurtures or acts as a medium for any Fungal Pathogens; c. Any other products, equipment, services, data or functions that directly or indirectly incorporate, use or rely on, in any 6. Any supervision, instructions, recommendations, warnings or advice manner, any of the items listed in subparagraphs 1.a. given or which should have been given in connection with through 1.b. above, due to the inability to, or manner in subparagraphs 1, 2, 3.4. or 5 above; or which, any of the above listed items accept, compare, distinguish, interpret, perform calculations using, process, or 7. Any obligation of the Participant to indemnify any party in connection recognize the year 2000 or any other date or year. with subparagraphs 1, 2, 3. 4, 5. or 6 above. 2. Any advice . consultation, design, delay, evaluation, inspection, This exclusion does not apply to attorney defense costs (fees and installation, maintenance, omission, repair, replacement or expenses), with a limit of $25,000 each Occurrence and in the aggregate, supervision provided or done by any Participant, or for any for any and all Occurrences during the Coverage Period. Participant, whether successful or not, to identify, rectify or test any potential or actual problem, failure or malfunction as described AC. Any liability for Damages or Defense Costs arising out of the ownership in paragraph 1. of this exclusion. and/or operation of a railroad owned and/or operated by a Named snrs u.raw. n~..e. arum .r.. :m t o<w .a.. im 1y-. Participant. Wrongful Act, Claim based upon, arising from or in consequence of: However, this exclusion does not apply to a rail spur owned or operated 1. Any actual or alleged violation of The Securities Act of 1933, The by the Named Participant. A rail spur is defined as a side track that Securities Exchange Act of 1934, The Public Utilities Holding Act of connects with the main track of a railroad system. 1935, The Trust Indenture Act of 1939, The Investment Company Act of 1940, any State Blue Sky Laws and any federal, state, local AD. Except as provided for in Additional Coverage E. Any liability for Damages or foreign laws similar to the aforementioned laws and/or regulating or Defense Costs arising out of any investigation, Claim or other the same or similar conduct or services, whether such law is proceeding seeking relief or redress in any form other than money statutory, regulatory or common law, Damages, including but not limned to costs, fees, or expenses which the Participant my become obligated to pay as a result of a consent decree. 2. Involving directly or indirectly debt security financing, including but settlement or adverse judgment for declaratory relief or Injunctive Relief. not limited to bonds, notes and debentures; or the investment of, or This includes but is not limited to the failure to invest, public funds. including but not limited to the use of derivative investment instruments: and/or 1. Any violation of Oregon Elections and Public Meetings and Records Laws; 3. Any regulation, investigation and enforcement actions based upon, arising from or in consequence of subparagraphs 1. and 2. above. 2 Failure to provide an appropriate individualized education program or related facilities or services under the Individuals with Disabilities AH. Any liability for Damages arising out of the ownership, maintenance or use Education Act (IDEA) or other Special Education Act(s); and/or of a trampoline that has'. 3. Unlawful expenditure of public funds. 1. A round or oval shaped surface with a diameter of over six (6) feet at its' greatest distance; AE. Any liability for Damages arising directly or indirectly out of, resulting from, caused by or contributed to by, 2. A square or rectangular shaped surface area greater than twenty- five (25) square feet, or 1. The toxic or pathological properties of lead, lead compounds or lead contained in any materials, 1 A surface that is not round, oval, square or rectangular in shape. 2. The actual or threatened abatement, mitigation, removal or disposal Determinations regarding diameter and area will be based on of lead, lead compounds or materials containing lead: measurements taken from the outermost edges of the trampoline's structure. 3. Any supervision, instructions, recommendations, warnings or advice given or which should have been given in connection with AI. Except as provided for in Additional Coverages J. and K., any liability for parts 1. or 2. above; or Damages or Defense Costs arising out of 4. Any obligation of the Participant to indemnify any party in 1 Any access to or disclosure of any person's or organization's confidential connection with subparagraphs 1 , 2., or 3. above. or personal information, including patents, trade secrets, processing mefhods customer lists, financial information, credit card information, AF. Any liability for Damages or Defense Costs based upon, arising from or health information or any other type of nonpublic information: in consequence of any Occurrence, Wrongful Act or Claim if written notice of such Occurrence, Wrongful Act or Claim has been given under 2. The loss of, loss of use of, damage to, corruption of, inability to access, any policy of which this Coverage Document is a direct or indirect renewal or inability to manipulate electronic data, or or replacement and if such prior policy affords coverage (or would afford such coverage except for the exhaustion of its limits of liability) for such 3. Any access to or disclosure of any person's or organization's confidential Occurrence or Claim in whole or in art, as a result of such notice . or personal information, including patents, trade secrets, processing part, methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. AG. Any liability for Damages or Defense Costs of any Occurrence, This exclusion applies even if damages are claimed for notification costs, Liability, as presented in paragraphs B. and C. above, arising from a credit monitoring expenses, forensic expenses, public relations expenses single covered Occurrence or Claim, or from all covered Occurrences or any other loss, cost or expense incurred by you or others arising out of and Claims during the Coverage Period. the above. E. Unless stated othenvise within any Additional Coverage or other special As used in this exclusion, electronic data means information, fads or coverage grant, Defense Costs are in addition to the Per Occurrence programs stored as or on, created or used on, or transmitted to or from and Annual Aggregate Total Limit of Liability shown in the Declarations. computer software, including systems and applications software, hard or floppy disks. CD-ROMs, tapes, drives. cells, data processing devices or F. The Limit of Liability applies separately to each consecutive annual any other media which are used with electronically controlled equipment. period, and to any remaining period of less than twelve (12) months, AJ. Exceppt as described in Additional Coverage H. Sexual Molestation, any starting with the beginning of the Coverage Period shown on the Iiabi, y or defense for Bodily Injury, Personal InjurylProperty Damage Declarations, unless the Coverage Period is extended after issuance for or Wrongful Acts resulting in an way from Sexual Molestation by any an additional period of less than twelve (12) months In that case, the person including, but not limitewto. the negligent hiring, investigation, additional period will be deemed part of the last preceding annual period supervision, reporting to the proper authorities, or failure to reporto the for purposes of determining the Limit of Liability. proper authorities, or retention of an alleged sexual molester for whom any Participant is or ever was legally responsible and whose conduct would be excluded here is not covered. VI. CONDITIONS V. LIMITS OF LIABILITY A. ACTION AGAINST THE TRUST A. The Total Limit of Liability shown in the Declarations and the rules As a condition precedent to action against the Trust, the Participant shall below fix the most the Trust will pay regardless of the number of. have fully complied with all the terms of this Coverage Document and the amount of the obligation shall have been finally determined by judgment 1. Participants covered under this Coverage Document, after actual trial or by written agreement between the Participant, the claimant and the Trust. Judgment shall not be deemed final until the 2, Claims brought; Claim shall have been finally determined in any appeal prosecuted therefrom. Any person, organization or legal representative thereof having 3. Persons or organizations making Claims, or secured such judgment or written agreement, shall be entitled to recover under this Coverage Document to the extent of the Coverage afforded 4. Additional Coverages and other special coverage grants offered- hereby- No person or organization shall have the right to join the Trust as a party to any action against the Participant to determine the B. The Per Occurrence Limit (Total Limit of Liability) shown in the Participant's legal liability, nor shall the Trust be impleaded by the Declarations is the most the Trust will pay for the sum of all Damages Participant or by the Participant's representative. under Coverage A, Coverage B and Co•rerage C, whether one or more of these Coverages are involved in a single covered Occurrence andlor If in the event of any dispute or difference arising out of the resolution of Wrongful Act. The Named Participant will be responsible for any Claim under this Coverage Document the Participant will as a reimbursing the Trust for any Deductible(s) that may apply as described in requirement under this Coverage Document engage in an appeal to the Section II. Deductible(s). Trust. The appeal will be made within thirty (30) days of the resolution of the disputed Claim. The Participant that believes the Trust, staff or C Subject to paragraph B. above, the Annual Aggregate Limit (Total Limit of agents which have by act or omission, breached that Participant's Liability) shown in the Declarations is the most the Trust will pay for all contractual rights, must write a letter to the chairman of the Trust which is Damages from all covered Occurrences or Claims taking place during accomplished by mailing notice to the Coverage Period. SDIS D. Wth respect to Section III. Additional Coverages and other specific P.O. Box 23879 coverage grants provided within this Coverage Document, any Per Tigard, OR 97281 Occurrence and Annual Aggregate Limit of Liability stated are subject always to the Per Occurrence and Annual Aggregate Total Limit of Fax(503)620-9817 sore u. r ~ r,n i. m~- r.r.:srxn G114IAWYNy fnm.r. naveml .4w.ry 1. inr• rYr 2'dW a. Dissolution of the Named Participant; or The notice shall specifically detail the facts and circumstances of such breach and requested remedies. At the next scheduled Trust meeting or b. Merger of the Named Participant with another organization. at another time as determined by the Trust, the Trust will review the matter and may decide whether or not to allow the member to present oral Cancellation by the Named Participant will not be allowed until the or written comments at a future Trust meeting as well as any additional end of the Coverage Period except for the above stated reasons, actions which may be taken to remedy the situation, or as approved by the Trust. B. SUBROGATION 2. By the Trust, in the case of Cancellation for nonpayment of Contribution, in which case Cancellation shall be effective ten (10) In the event of any payment under this Coverage Document, the Trust calendar days following the date of postmark of such notice unless shall be subrogated to all the Participant's rights to recovery thereof full payment of all Contributions then due and owing is received by against any person or organization. The Participant shall execute and the Trust prior to the effective date of Cancellation. deliver instruments and papers and do whatever else is necessary to secure such rights. And the Participant shall do nothing after loss to 3. By the Trust for any of the reasons set forth in ORS 742.702, in prejudice such rights. which case Cancellation shall be effective thirty (30) calendar days following the date of postmark of such notice of Cancellation In the event the Trust makes any payment under this Coverage Document. the Trust will waive its rights of recovery against any person or 4. By the Trust in the event the Named Participant fails to maintain organization with whom the Participant has its membership in the Special Districts Association of Oregon, with all dues paid throughout the Coverage Period, in which case 1. A written contract that is effective and executed prior to the date of cancellation shall be effective on the tenth (101h) day following the an Occurrence or Wrongful Act, if such contract requires the date of postmark of Notice to the Named Participant, unless the Participant to waive its subrogation. contribution, or indemnity Named Participant becomes a member of, or reinstates his rights, or membership in, the Special Districts Association of Oregon, with all dues paid in full, prior to the effective date of Cancellation. 2 Performed or received work under a letter of intent. work order, or other letter of understanding provided that the Participant can Except as provided above, the Trust agrees to provide coverage for the demonstrate that such letter of intent, work order, or other letter of Named Participant for at least one year from the effective date of the understanding would customarily be reduced to a written contract Coverage Document Non-renewal of a Named Participant's Coverage that requires the Participant to waive its subrogation, contribution, Document by the Trust shall be made by mailing written notice to the or indemnity rights. Named Participant at least ninety (90) days prior to the renewal date. C. CHANGES E. NON-ASSIGNABLE The terms of this Coverage Document shall not be waived or changed. The interest of the Participant under this Coverage Document shall not except by an endorsement issued to form a part of this Coverage be assignable. Document, signed by the Trust's authorized representative, and delivered to the Named Participant F. CONTRIBUTION D. CANCELLATION The Contribution stated in the Coverage Document is subject to audit adjustment. The Named Participant agrees to provide anniversary This coverage document may be cancelled as follows: renewal information at least thirty (30) calendar days prior to anniversary or renewal dale. 1. By the Named Participant by surrender of the Named Participant's Declarations to the Trust, or any of its agents, for G CROSS LIABILITY any of the following reasons. Except with respect to the Limit of Liability, and any rights or duties specifically assigned to the Named Participant, this Coverage Document prior to the date of an Occurrence or Wrongful Act. if such contract applies: requires the Participant to provide primary coverage in respects to the Insured Contract activities this coverage shall be considered primary . 1. As if each Named Participant were the only Named Participant. However, in no event shall the liability hereunder exceed the Limit of and Liability set forth herein. 2. Separately to each Participant against whom a Claim is made. L. BANKRUPTCY H- COVERAGE PERIOD/TERRITORY Bankruptcy or insolvency of the Participant or of the Participant's estate will not relieve the Trust of its obligation under this Coverage Document. This Coverage Document applies to Occurrences and Wrongful Act(s) taking place during the Coverage Period which take place anywhere in M. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, WRONGFUL the Coverage Territory, provided the Claim is filed in the United States of ACT, CLAIM, SUIT OR ACTION America, and the Damages awarded are paid in United States of America dollars. Notice to the Trust is accomplished by sending notice to I. GOVERNMENT INSTRUMENTALITY SDIS P.O. Box 23879 The issuance of this Coverage Document, and the Coverages (including Tigard, OR 97281-3879 Additional Coverages) provided thereunder, shall not be deemed a waiver of any statutory defenses and immunities neither of any Participant, nor of Fax. (503) 620-9817 any statutory limits on the monetary amount of liability applicable to any Participant were this Coverage Document not in effect. The Trust 1 The Participant must see to it that the Trust is notified as soon as expressly reserves any and all rights to deny liability by reason of such possible of any Occurrence or Wrongful act which may result in a defenses or immunities, to assert any limitation as to amount of liability Claim. To the extent possible, notice should include provided by law and to assert all defenses as may be applicable as to any Claim. a. How, when and where the Occurrence or Wrongful Act took place, J. LIBERALIZATION CLAUSE b The names and addresses of any witnesses and injured If the Trust adopts or files for approval extended or broadened coverage persons, and during the Coverage Period, or within forty-five (45) days prior to the inception date of coverage, the Participants shall have the benefit of such c. The nature and location of any injury or Damages arising out extended or broadened coverage as though such endorsement or of the Occurrence or Wrongful Act. substitution of form had been made 2. If a Claim is made against any Participant, the Named K. OTHER COVERAGE OR INSURANCE Participant must: If the Participant has other applicable, collectible coverage of any kind, a. Immediately record the specifics of the Claim and the date including insurance, that applies to any Claim or Damages, the coverage received, for Damages provided by this Coverage Document shall be excess, and in no event contributing coverage, and then only for the amount of b. Notify the Trust as soon as possible: and Damages which would be payable on behatf of the Participant under such forms of coverage In no event, however, shall the liability hereunder c Notify the Trust in writing if the Named Participant or any exceed the Limit of Liability set forth herein. Participant. Notwithstanding the above paragraph in the event that the Named (1) Receives written or oral notice from any person Participant has entered into an Insured Contract effective and executed or organization that it is their intent to hold a Participant responsible for Damages. of P. MEMBERSHIP IN THE SPECIAL DISTRICTS ASSOCIATION OF OREGON (2) Becomes aware of any act or omission which may subsequently give rise to a Claim being It is the express condition for any coverage for any Named Participant made against a Participant for Damages. under this Coverage Document, regardless of whether this Coverage Document has been cancelled by the Trust, that the Named Participant 3. If a Claim is brought, the Participant and any other involved be and remain a member in good standing of the Special Districts Participant must immediately send the Trust copies of any Association of Oregon. with all of its dues fully paid throughout the demands, notices. summonses, complaints or legal papers Coverage Period. received in connection with the Claim VII. DEFINITIONS 4. In all cases of a Claim the Participant must: A. Administration of Employee Benefits Programs means. a Authorize the Trust to obtain records and other information; 1. Providing inlonnabon to Employees by the Named Participant b. Cooperate with the Trust in the inveshgahon, settlement or with respect to the Employee Benefits Programs. defense of any Claim and 2. Handling of records in connection with the Employee Benefits c. Assist the Trust. upon the Trust's request, in the Programs by the Named Participant, and enforcement of any right against any person or organization which may be liable to the Participant because of injury or 1 Effecting enrollment, changes, termination or cancellation of Damages to which this Coverage Document may also apply. Employee's Employee Benefits Programs, provided all such acts are authorized by the Named Participant. 5. No Participant will, except at their own cost, voluntarily make payment, assume any obligation, or incur any expense, other than Administration of Employee Benefits Programs does not include for first aid, without the Trust's written agreement. handling payroll deductions. N. REPRESENTATIONS B. Auto means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. An Auto By accepting this Coverage Document, for which a Contribution has been does not include Mobile Equipment made to the Trust, each Named Participant agrees: C. Automobile Hazard means Bodily Injury or Property Damage arising out 1 The statements in the Declarations are accurate and complete; of the ownership, use (including maintenance or repair), Loading or Unloading of any Auto. 2. The statements are based upon representations made to the Trust in the application for coverage by or on behalf of the Named D. Bodily Injury means Bodily Injury, sickness or disease sustained by a Participant, and person, including death resulting from any of these at any time. 3. The Trust has issued this Coverage Document in reliance upon E. Breach of Fiduciary Duty means the violation of any of the such representations. responsibilities. obligations or duties imposed upon fiduciaries by the Employee Retirement Income Security Act of 1974, Public Law 93-406 O. DEFENSE COUNSEL PANEL SELECTION commonly referred to as the Pension Reform Act of 1974 and amendments thereto, or similar provisions of any Federal, State or Local Unless otherwise specifically indicated within this Coverage Document the Statutory Law or Common Law. Trust shall select the attorney representing the Participant in the event of a Claim under this Coverage Document. F. Claim, whenever used in this Coverage Document, shall mean any information that may give rise to Damages covered under this Coverage Document. Claim includes but is not limited to service of a notice of sors u.eairy c....~raw,.n .r. I. snl• rs•ss.r nn sou u.mp c"••.~r nM.,..m m..y 1. rni• r.r.ndns Claim, service of Suit or Action or institution of arbitration proceedings against a Participant. M Employee means a current, former, prospective employee, or one who claims to be, or is deemed by law to be, an employee of the Named G Coverage Period means the period of time indicated on the Declarations Participant. as issued to the Named Participant. N. Employee Benefits Programs means the following, if established or maintained by or for the Named Participant: H Coverage Territory means anywhere in the world if the Claim is filed in the United States of America, and the Damages awarded are paid in i. Group life insurance, employee assistance programs, group United States of America dollars. accident or health insurance, investment plans or savings plans, profit sharing plans, pension plans and stock subscription plans, I. Damages means a monetary amount for which a Participant is liable provided that no one other than an Employee of the Named under this Coverage Document, but damages do not include Participant may subscribe to such insurance or plans, and 1 Fines: 2 Unemployment insurance, social security benefits. Workers Compensation and disability benefits. 2 Statutory penalties, O. Employment Practices means Claims for damages made by an 3. Civil penalties under any statute. Employee, or their heirs, beneficiaries or legal representatives, as a result of the Wrongful Acts of the Named Participant occurring during the 4. That portion of any monetary amount representing double, treble. Coverage Period. or other form of multiplied damages: P. Federal Claims means Claims for Damages caused by an Occurrence 5. Civil penalties under Federal or State law: and/or Wrongful Act pursuant to the following Federal statutes or acts. 6. Punitive damages; and/or 1 42 l1S. C. § 1983 2. 42 U.S.C. § 2000(e) at. seq. (Title VII of the Civil Rights Act of 7. Money or costs which are normal business expenses of the Named 1964) Participant, such as. but not limited to. repair or maintenance of 3. 29 U.S.C. § 621 et. seq. (Age Discrimination in Employment Act the Named Participant's property. of 1967) 4. 42 U.S.C. § 12101, et. seq. (The Americans With Disabilities Act) J. Declarations means the Liability Declarations page as issued to the 5. The Civil Rights Ad of 1991 Named Participant for the current Coverage Period. 6. 42 U.S.C. § 1981 7. 42 U.S.C. § 3601 et. seq. (The Fair Housing Act) K Defense Costs means and is limited to attorney's fees, expert's fees, and 8. 29 U.S.C. § 2601 et. seq. (The Family and Medical Leave Act) normal administrative litigation costs such as court reporter fees, transcript or any law amendatory thereof fees, filing fees and reasonable. miscellaneous costs such as postage, 9. Federal Admiralty and Maritime law or jurisdiction communication and photocopies. O. Fungal Pathogens means any fungus or mycota, or any byproduct or L Emergency Operations means actions: type of infestation produced by such fungus or mycota, including but not limited to. mold. mildew, mycotoxins, spores or any biagenic aerosols. 1 Which are urgent responses to protection of property, human life, health or safety: and R. Hostile Fire means one which becomes uncontrollable or breaks out from where it was intended to be contained. 2. Which result from the performing or attempting to perform firefighting services, hazardous materials unit services, first aid, S. Incidental Medical Practice means rendering treatment by a Participant ambulance or rescue squad services, or related services including as an emergency medical technician or firefighter, or first aid given by a the stabilization or securing of an emergency scene. Participant. rt. 11 ,+w cnu u.enip n,•r, a. n.,,,,.r., i--.11 err 1-rs1 w Declarations. T Injunctive Relief means equitable relief sought through the demand for the issuance of a permanent, preliminary or temporary injunction. W Loading or Unloading means the handling of property. restraining order, or similar prohibitive writ against, or order for specific performance by a Participant, provided such action is filed during the 1. After it is moved from the place where it is accepted for movement Coverage Period. into or onto an aircraft, watercraft, Auto or Mobile Equipment, U. Insured Contract means 1 While it is in or on an aircraft, watercraft. Auto or Mobile Equipment: or 1 A lease of premises as it relates to Tort liabilities assumed by the Named Participant arising out of the lease, such assumption 3. While it is being moved from an aircraft, watercraft, Auto or Mobile occurring in writing prior to the date of Occurrence, Equipment to the place where it is finally delivered: but Loading or Unloading does not include the movement of property by means of 2. A sidetrack agreement. a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft, Auto or Mobile Equipment 3 Any easement or license agreement. X. Mobile Equipment means any of the following types of land vehicles, 4 An obligation, as required by ordinance, to indemnify a Public including any attached machinery or equipment Body; 1. Bulldozers, farm machinery, forklifts and other vehicles designed for 5 An elevator maintenance agreement, use principally off public roads; 6 That part of any other contract or agreement pertaining to the 2. Vehicles maintained for use solely on or next to premises a Named Named Participant's operations (including an indemnification of a Participant owns or rents. Public Body in connection with work performed by or for a Public Body) under which the Named Participant assumes the Tort 3. Vehicles that travel on crawler treads: liability of another person or entity for Bodily Injury or Property Damage to a third person or organization, provided the Bodily 4. Vehicleswhether self-propelled or not, with permanently mounted: Injury or Property Damage occurs subsequent to the execution of the contract or agreement, and a. Power cranes, shovels, loaders, diggers or drills; or 7 Contracts for services with Public Bodies. b. Road construction or resurfacing equipment such as graders, scrapers or rollers: Notwithstanding the foregoing, an Insured Contract does not include that part of any contract or agreement 5. Vehicles not described in 1, 2, 3, or 4 above that are not self. propelled and are maintained primarily to provide mobility to 1 That indemnifies an architect, engineer or surveyor acting as an permanently attached equipment of the following types: independent contractor for injury or Damages arising out of professional errors or omissions. a. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration. lighting 2 That indemnifies any person or organization for Damages by fire. and well servicing equipment; or to premises rented or loaned to the Participant, for an amount greater than $1 million, and b- Cherry pickers and similar devices used to raise or lower workers: 3. That involves the purchase or sale of real property or personal property. 6. Vehicles not described in 1, 2, 3, or 4 of this section, but maintained primarily for purposes other than the transportation of persons or V Limit of Liability means the Total Limit of Liability which is slated in the cargo. maintenance, operation or use of any nuclear facility, but if such facility is However, self-propelled vehicles with the following types of located within the United Slates of America, its territories or possessions permanently attached equipment are not Mobile Equipment but will or Canada. this part (iii) applies onty to injury or destruction of or loss of be considered Autos: property of such nuclear facility. a. Equipment designed primarily for As used in this definition "hazardous properties" include radioactive. toxic or explosive properties, "nuclear material" means source material, special (1) Snow removal. nuclear material, or byproduct material; "source material", "special nuclear materiar' and "byproduct material" have the meanings given them in the (2) Road maintenance, but not construction or Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" resurfacing, or means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any (3) Street cleaning, waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included b. Cherry pickers and similar devices mounted on automobiles or within the definition of nuclear facility under paragraph (a) or (b) thereof; truck chassis and used to raise or lower workers, and "nuclear facility" means (a) any nuclear reaction (b) any equipment or device designated or used for (1) separating the isotopes of uranium or c. Air compressors, pumps and generators, including spraying, plutonium, (2) processing or utilizing spent fuel or (3) handling, processing welding, building cleaning, geophysical exploration, lighting or or packaging waste, (c) any equipment or device used for the processing, well servicing equipment fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the participant at the premises Y. Named Participant means the Special District, Corporation or Association where such equipment or device is located consists of or contains more formed under the laws of the State of Oregon identified as the Named than 25 grams of plutonium or uranium 233 or any combination thereof, or Participant in the Named Participant's Declarations, more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, Z- Nuclear Energy Liability Hazard means injury, sickness, disease, death and includes the site on which any of the foregoing is located, all operation or destruction (1) with respects to which a Participant under this conducted on such site and all premises for such operation, "nuclear Coverage Document is also an insured or participant under a nuclear reactor" means any apparatus designed or used to sustain nuclear fission energy liability insurance policy or coverage document issued by Nuclear in a self-supporting chain reaction or to contain a critical mass of Energy Liability Insurance Association, Mutual Atomic Energy Liability fissionable material. W1th respect to "injury" or to "destruction" of properly, Underwriters or Nuclear Insurance Association of Canada, or would be an then "Injury" or "Destruction" includes all form of radioactive contamination insured or participant under any such coverage document or policy but for of property. its termination upon exhaustion of its limits of liability; or (2) resulting from the hazardous properties of nuclear material and with respect to which (i) AA. Occurrence means. any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory 1 with respect to Bodily Injury and Property Damage, an accident, thereof, or (ii) the participant is, or had such policy or coverage document including continuous or repeated exposure to substantially the not been issued, would be entitled to indemnity from the United States of same general harmful conditions, America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or 2. with respect to Personal Injury, an Offense or series of related organization, (3) resulting from the hazardous properties of nuclear Offenses: materials. if (i) the nuclear material is at any nuclear facility owned by. or operated or on behalf of, any participant, or has dispersed therefrom; (ii) All Bodily Injury, Property Damage or Personal Injury resulting from the nuclear material is contained in spent fuel or waste at any time continuous or repeated exposure to substantially the same general possessed, handled, used, processed, stored, transported. or disposed of. harmful conditions shall be deemed to have taken place on the date of the by or on behalf of a participant, or (iii) the injury, sickness. disease, death initial Bodily Injury, Property Damage or Personal Injury while insured or destruction arising out of the furnishing by a participant of services. by the Trust and all such Bodily Injury. Property Damage or Personal materials. parts or equipment in connection with planning, construction, Injury shall be deemed to be a single Occurrence regardless of the number or date of the subsequent exposures, including Bodily Injury, driving such Auto or Mobil Equipment with a Named Participant's Property Damage or Personal Injury taking place over more than one permission. Any person, entity, or organization responsible for the Coverage Period while insured by the Trust, or persons or property conduct of such person is also a Participant, but only with respect to exposed, or resulting Claims, and such single Occurrence shall be Bodily Injury or Property Damage arising out of the operation of the considered under one aggregate, Limit of Liability under the Coverage Auto or Mobile Equipment Period applicable to the date of the initial Bodily Injury, Property Damage or Personal Injury. However, the owner or anyone else from whom a Named Participant hires or borrows an Auto is a Participant only if that Auto is a trailer connected to an Auto a Named Participant owns AB Participant means: However, no person, entity, or organization is a Participant under 1 The Named Participant, and each of the following while acting within this paragraph 2. with respect to the course and scope of their duties as such. a. Property Damage to property owned by a Named a The directors, officers, Employees and agents (pursuant to Participant or the employer of any person who is a ORS 30.285) of the Named Participant, including Participant under this provision, -1-1-m auth.nzed to act on behalf of the Named Participant, while acting within the scope of their b. Any Auto a Named Participant hires or borrows from one of employment or duties, whether arising out of a a Named Participant's Employees. volunteers or members governmental or proprietary function; and of their households, if they are the owner of such Auto, unless acting within the scope of their duties on a Named b Any board, commission, governmental agency, subdivision, Participant's behalf. department, municipal body, not-for profit corporation, association or other unit operated by the Named c. Any Auto being used by a person employed in the business of Participant, or under the Named Participant's jurisdiction, selling. servicing, repairing, or parking Autos unless they are a will qualify as a Participant if there is no other similar Named Participant's Employees. or insurance in place for that organization. d. The movement of property to or from an Auto except a c. Any person, entity or any organization the Named Named Participant, a Named Participant's Employees, Participant is required by an Insured Contract to include lessees or borrowers of such Auto. and any employee of the as a Participant. This coverage will be limited to the extent lessees or borrowers. of coverage and Limits of Liability required by the Insured Contract and will not increase the limits stated in SECTION AC. Personal Injury means injury, other than Bodily Injury arising out of one V. - LIMITS Or LIABILITY or after any of the terms of or more of the following offenses. coverage stated in this Coverage Document. The Insured Contract must be effective and executed prior to a covered 1. False arrest, detention or imprisonment. Occurrence or Wrongful Act. In no event shall coverage under this Coverage Document extend to any party for any 2. Malicious prosecution; Claim, Suit or Action, however or whenever asserted, arising out of such party's sole negligence. 3. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a (1) The term 'Additional Insured' if used in an Insured person occupies by or on behalf of its owner. landlord or lessor: Contract shall be understood to mean the same as Additional Participant. 4. Oral or Written Publication of material that slanders or libels a person or organization or disparages a person's or organization's 2. With respect to. goods, products or services. or Mobile Equipment or any Auto, any person is a Participant while 5. Oral or Written Publication of material that violates a person's night of privacy a Promote or further any political, ideological, philosophical. most ethnic, social or religious cause or objective of the AD Pollutant means any solid, liquid, gaseous or thermal irritant, or perpetrator or any organization. association or group contaminant, including smoke, vapor, scot, fumes, adds, alkalis, affiliated with the perpetrator. chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Pollutants do not include sewage, provided b, Influence, disrupt or interfere with any governmental related however, that this Exclusion K. does apply to any Damages to the extent operations, activities or policies; the Damages are increased by, or would not have occurred. but for the presence in such sewage of material that is radioactive, toxic, caustic or c. Intimidate, coerce or frighten the general public or any corrosive segment of the general public; or AE. Potable Water means water intended and provided for human d. Disrupt or interfere with a national economy or any segment consumption. of a national economy; or AF Property Damage means: 3. Includes, involves, or is associated with. in whole or in part, any of the following activities, or the threat thereof: 1 Physical injury to tangible property, including all resulting loss of use of that property All such loss of use shall be deemed to occur a. Hijacking or sabotage of any form of transportation or at the time of the physical injury that caused R; or conveyance. including but not limited to spacecraft, satellite. aircraft, train, vessel, or motor vehicle 2 Loss of use of tangible property that is not physicality injured. All such loss of use shall be deemed to occur at the time of the b- Hostage taking or kidnapping, Occurrence that caused it c. The use of any biological, chemical, radioactive, or nuclear AG. Public Body means the State or any political subdivision, municipality, or agent, material, device or weapon: agency as defined in Oregon Revised Statutes 30.2601 d. The use of any bomb, incendiary device, explosive or AH Sexual Molestation means the actual, attempted or alleged unlawful firearm, sexual contact of a person, by another person, or persons acting in concert e. The interference with or disruption of basic public or commercial services and systems, including but not limited Al. Suit or Action means a avil proceeding in which Damages to which this to the following services or systems electriWy. natural gas, Coverage Document applies are alleged. Suit or Action also includes an power, postal, communications, telecommunications, arbitration proceeding in which such Damages are claimed and to which information, public transportation, water, fuel, sewer or waste the Participant must submit or does submit with our consent, or any other disposal, alternative dispute resolution proceeding in which such Damages are claimed and to which the Participant submits with the Trust's consent- f. The injuring or assassination of any elected or appointed governmental official or any governmental employee, AJ. Terrorist Activity means any deliberate, unlawful act that. g. The seizure, blockage, interference with, disruption of, or 1 Is declared by any authorized govemmental official to be or to damage to any governmental buildings, institutions, involve terrorism. terrorist activity or acts of terrorism; or functions, events, tangible or intangible property or other assets, or 2. Includes, involves, or is associated with the use or threatened use of force. violence or harm against any person, tangible or intangible h The seizure, blockage. interference with, disruption of, or property. the environment, or any natural resources, where the act damage to tunnels, roads, streets, highways, or other places or threatened act is intended, in whole or in part, to of public transportation or conveyance. sots u.nex, c...~.r.~~i .r.. sni r.~uorm wis u. ro A..i .r n .rei r<.uKen 4. Any of the activities listed in paragraph 3. above shall be PERSONAL INJURY PROTECTION considered Terrorist Activity except where the Participant can SUPPLEMENTAL COVERAGE conclusively demonstrate to the Trust that the foregoing activities or threats thereof were motivated solely by personal objectives of the perpetrator that are unrelated, in whole or in part, to any Defined terms appear in boldface type. intention to For a covered auto licensed or pnnclpally garaged in Oregon, this Supplemental a. Promote or further any political, ideological, philosophical, Coverage Document modifies coverage provided under the Coverage Document. racial, ethnic, social or religious cause or objective of the perpetrator or any organization, association or group SCHEDULE affiliated with the perpetrator; Benefits - No deductible except as Limit Per Person b. Influence, disrupt or interfere with any governmental related indicated below operations, activities or polices; Medical and hospital expenses - 515,000 aggregate per person incurred within c. Intimidate, coerce or frighten the general public or any one year from. date of accdent. segment of the general public, or Income continuation expenses - 70% $1.250 per month for 52 weeks, of income loss not to exceed: subject to a 14 day wain period d. Disrupt or interfere with a national economy or any segment Loss of services expenses - 530 per day for 52 weeks, subject to of a national economy Maximum of a 14 day wading nod Funeral expenses S5,000 limit for expenses incurred within one year from date of accident Child care expenses - applicable to $25 per day subject to $750 AK Tort is defined by ORS 30 260(8) and means the breach of a legal duty an injured person requiring maximum. that is imposed by law, other than a duty arising from contract or hospitalization for more than 24 hours quasi-contract, the breach of which results in injury to a specific person or who is a rent of a minor child. persons for which the law provides a civil right of action for Damages or for a protective remedy. A. COVERAGE AL. Trust means Special Districts Insurance Services Trust The Trust will pay Personal Injury Protection benefits to a Covered Individual AM Unmanned Aircraft System means an unmanned aircraft and all the who sustains bodily injury in an accident arising out of the ownership, associated support equipment, control station, data links, telemetry, maintenance or use of a covered auto. Subject to the Limit Per Person shown in the SCHEDULE, these Personal Injury Protection Benefits consist of the communications and navigation equipment necessary for the piloMn- following. command together with his or her crewmembers and visual observers to operate the unmanned aircraft 1. Medical and hosodal expenses that are all reasonable and necessary expenses incurred within one year from the date of the accident, for AN. Written Publication means written communications and includes but is not medical, hospital, dental, surgical, ambulance and prosthetic services. limited to materials placed or distributed via the Internet, electronic chatrooms, bulletin boards, web-sites, email or other similar electronic 2. Income continuation expenses not greater than 70% of the Covered means of communication. Individual's loss of income from work during a period of disability caused AO Wrongful Acts means an actual or alleged error. misstatement or by bodily injury sustained by such person in the accident, provided that . misleading statement: an act of omission or neglect, negligence or breach a Such a person was usually engaged in a paying occupation at the of duty, including misfeasance and nonfeasance by a Participant time of the accident, rendered in the discharge of their duties. Wrongful act shall also include such acts in the Administration of Employee Benefits Programs and b. The period of such disability continues for at least 14 consecutive wrongful acts arising out of Employment Practices. days. and c. low me continuation expenses shall include only expenses for loss B. EXCLUSIONS of income incurred from the date such disability commenced to the date on which such person is able to return to his usual occupation The Trust will not pay Personal Injury Protection benefits for bodily injury . and is subject to a maximum payment period in the aggregate of 52 weeks. 1 Sustained by any person: 3. Loss of services expenses are expenses reasonably incurred during a a. Who intentionally causes injury to himself or herself, or period of disability caused by bodily injury sustained by a Covered Individual in the accident for essential services in lieu of those such b. Mile participating in any prearranged or organized racing or speed person would have performed without income. provided that. content or in practice or preparation for any such contest. a. Such person was not usually engaged in a paying occupation at the 2, That results in the application of income continuation expenses and loss of time ofthe accident, services expenses, sustained by any pedestrian, other than the Participant, in an accident which occurs outside the State of Oregon. b. The period of such disability continues at least 14 consecutive days; and 1 Due to war, whether or not declared, civil war, insurrection, rebellion or revolution. or to any act or condition incident to any of the foregoing. C. Loss of services expenses shall include only expense for such services actually rendered from the date such disability 4. Resulting from the radioactive, toxic, explosive or other hazardous commenced to the date on which such person is reasonably able to properties of nuclear material perform such services and is subject to a maximum payment period in the aggregate of 52 weeks. 5. Sustained by the Covered Individual while occupying a covered auto owned or furnished for the Participant's regular use and not insured for However, loss of services expenses shall not include child care expenses. Oregon Personal Injury Protection Benefits, including a motorcycle or moped as defined in Oregon Statutes 4. Funeral expenses are reasonable and necessary expenses for professional funeral services incurred within one year after the date of the C, LIMIT OF COVERAGE accident 1. Regardless of the number of Covered Individuals, policies or bonds 5. Child care expenses are expenses reasonably incurred for the care of a applicable, claims made, Contributions paid or covered autos to which minor child of a Covered Individual who has sustained bodily injury in this coverage applies, the most the Trust will pay for Personal Injury the accident, provided: Protection benefits for bodily injury sustained by any one Covered Individual in any one auto accident, is the Limit Per Person amount a_ The Covered Individual is the parent of the minor child and is shown in the SCHEDULE. required to be hospitalized for a minimum of 24 hours: 2. Any amount paid under this coverage will be reduced by any amount paid b. Payments begin after the initial 24 hours of hospitalization and are or payable by any workers' compensation or any other similar medical or made for as long as the Covered Individual is unable to return to disability benefits law (excluding Medicare). work if he or she is usually engaged in a paying occupation. If such person was not usually engaged in a paying occupation at the time 3. Any amount paid under this coverage, to a Covered Individual, will of the accident, then payment will continue for as long as he or she reduce any amount the Covered Individual may be entitled to recover for is unable to perform essential services that he or she would have the same damages under any applicable liability coverage, other than performed without income. and Uninsured/Underinsured Motorists Bodily Injury Coverage provided by the Coverage Document C. Child care expenses are subject to a maximum payment period in the aggregate of 30 days. .r„4. Any amount payable under this coverage, to any Covered Individual, will reduce any amount payable for damages under the b The Trust is entitled to the proceeds of any settlement or judgment Uninsured/Underinsured Motorists Bodily Injury Coverage provided by the that may result from the exercise of any rights of recovery of the Coverage Document. Covered Individual against any person or organization legally responsible for the accident, to the extent benefits were paid, less D. CHANGES IN CONDITIONS the Trust's share of expenses, costs and attorney's fees incurred by the Covered Individual in connection with such recovery . CONDITIONS in the Coverage Document are changed for PERSONAL INJURY PROTECTION as follows. c. The Covered Individual shall hold in trust, for the benefit of the Trust, all his or her rights of recovery to the extent of benefits 1. The following is added to DUTIES IN THE EVENT OF OCCURRENCE, furnished. OFFENSE, WRONGFUL ACT, CLAIM, SUIT OR ACTION. d. The Covered Individual shall do whatever is proper to secure and a. If a Covered Individual or his or her legal representative institutes shall do nothing after loss to prejudice such rights. legal action for damages for bodily injury, he or she must promptly give the Trust a copy of the summons and complaint or e. If the Trust requests in writing, the Covered Individual shall take, other process served in connection with the legal action. through any representative not in conflict of interest with him or her, designated by the Trust, such action as may be necessary or b The Covered Individual, or someone on his or her behalf, must appropriate to recover such benefits furnished as damages from give the Trust written proof of claim, under oath if required, the person or organization legally responsible, such action to be including. taken in the name of the Covered Individual, but only to the extent of benefits furnished by the Trust. In the event of recovery, the (1) Full particulars of the nature and extent of the bodily injury, Trust shall also be reimbursed out of such recovery, for the treatment and rehabilitation received and contemplated; and Covered Individual's share of expenses, costs and attorney's fees incurred by the Trust in connection with the recovery . (2) Such other information that will help the Trust determine the amount due and payable. f. The Covered Individual shall execute and deliver to the Trust such instructions and papers as may be appropriate to secure the C. The Covered Individual, or his or her legal representative, shall rights and obligations of the Covered Individual and the Trust as give the Trust authorization, each time requested, to obtain established by this provision medical reports, copies of records and information with respect to loss of income. 3. Arbitration d. The Trust may require that the Covered Individual, as a condition a. If the Trust and a Covered Individual disagree whether the for receiving income continuation expenses, cooperate in furnishing Covered Individual is legally entitled to recover Personal Injury the Trust reasonable medical proof of his or her inability to work. Protection benefits, or do not agree as to the amount payable under this coverage, then the matter shall be arbitrated. However, if the The following CONDITIONS are added to the Coverage Document: requirements for bringing an action in the small claims department of a justice or district court are met, in accordance with the Oregon 2. Reimbursement and Trust Revised Statutes, the Covered Individual may elect to file such an action rather than submit the claim to arbitration. In the event of payment to any person or any benefits under this Endorsement: In the event of arbitration. each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree on the choice a. The Trust shall be entitled to reimbursement or subrogation in of the third arbitrator within 30 days, either may request that accordance with the provisions of ORS 743.825, ORS 743.830 or selection be made by a judge of a court of record in the county and Section 8 of Chapter 784 Laws 1975. state in which such arbitration is pending. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator sourmweo....e.0otimn i. vrrov rt.ua.n Sa6IleWMy faaryr lx.r.rnl luimnl.3b' I'ye 19 al4 equally. Arbitration costs to the Covered Individual shall not exceed $100. However, attorney's fees and fees paid to medical or b. Any other person who sustains a bodily injury while occupying or other expert witnesses are not arbitration expenses, and are to be using a covered auto with the permission of the Named paid by the party incurring them. Participant, or while a pedestrian through being struck by a covered auto. b. Unless both parties agree otherwise, arbitration will take place in the county in which the Covered Individual lives, Local rules of 5. Evaluation Services means physical examinations andior reviews of law as to arbitration procedure and evidence will apply. A decision medical records of Covered Individuals conducted at the request of the agreed to by two of the arbitrators will be binding. Trust by a third-party physician, medical professional, record or bill review service to determine whether the provision or continuation of medical 4. Coordination and Non-duplication services is necessary or reasonable. Any automobile medical payments coverage afforded under this Coverage 6 Occupying means in or upon or entering into or alighting from. Document is excess over any medical expense benefits paid or payable under this Endorsement or any other insurance policy covering bodily 7. Pedestrian means any person while not occupying a self-propelled injury to the Covered Individual. vehicle other than a wheelchair or a similar low-powered motorized or mechanically propelled vehicle that is designed specifically for use by a 5. Upon request of and at the expense of the Trust, the Covered Individual physically disabled person who has a medical necessity for a wheelchair shall submit to Evaluation Services by physicians or other medical or other low-powered vehicle. professionals selected by the Trust and shall, upon each request from the Trust, execute authorization to enable the Trust to obtain medical reports and 8, Private passenger auto means a four-wheel passenger type auto not copies of records. used as a public or livery conveyance and includes any other four-wheel auto of the utility, pickup body, sedan, delivery or panel truck type not E. ADDITIONAL DEFINITIONS used for wholesale or retail delivery other than farming. It also means a self-propelled mobile home or farm truck. The following DEFINITIONS are specific to this Supplemental Coverage Document and will be in addition to and may modify or even supersede definitions in the Document. 1. Accident includes continuous or repeated exposure to the same conditions resulting in bodily injury. 2. Auto means a self-propelled land motor vehicle or trailer, other than. a. A farm type tractor or other self-propelled equipment designed for use principally off public roads, while not upon public roads, b. A vehicle operated on rails or crawler-treads; or c A vehicle located for use as a residence or premises 3. Covered auto means a private passenger auto to which the bodily injury liability coverage of the Coverage Document applies and for which a specific automobile liability premium is charged 4. Covered Individual means. a. Named Participant and/or any other Participant sort u.aixr ca a. m~- .r x~ sou u.eux. co.~e. rw.,.o.~n i.,, ,xor r.F.i.r,;• UninsuredlUnderinsured Motorist Bodily Injury a. Agreement as to the coverage status of the uninsured motor vehicle or Supplemental Coverage the amount due under the underinsured motor vehicle's policy has not been concluded, This Uninsured/Underinsured Motorist Bodily Injury Supplemental Coverage is added to the SDIS Liability Coverage Document for Named Participants that purchase b. The Participant or the Trust has formally instituted arbitration Automobile Liability Coverage This Supplemental Coverage is subject to all of the proceedings, limits of liability, terms and conditions and exclusions (not in conflict herewith) of the SDIS Liability Coverage Document c. The Participant has filed an action against the Trust, or COVERAGE: d. Suit for bodily injury has been filed against the underinsured motorist and, within two (2) years from the date of settlement or final judgment This Supplemental Coverage provides coverage for damages arising out of an against the underinsured motorist the Participant has formally instituted automobile hazard for auto U ninsuredlUnderinsu red Motorist Bodily Injury arbitration proceedings or filed an action against the Trust. Coverage as provided herein: 5 Any judgment for damages arising out of any suit brought against any person or 1 Auto "Uninsured/Underinsured Motorist Bodily Injury Coverage" means that organization alleged to be legally responsible for the Participant's bodily injury coverage as required by ORS 278.215 (21. ORS 742.500 to ORS 742-504, and is not binding on the Trust. as modified by ORS 278.215 (3). 6. This coverage does not apply with respect to underinsured motorists benefits 2 We will pay damages which a Participant is legally entitled to recover from the unless. owner or operator of an uninsured motor vehicle or underinsured motor vehicle because of bodily injury: a. The limits of liability under any bodily injury liability policies applicable at the time of the accident regarding the injured person have been exhausted a. Sustained by a Participant; by payment of judgments or settlements to the injured person or other injured persons. b While a permissive user of a covered auto. or b. The described limits of the underinsured motor vehicle's policy have c While the Participant was operating any other auto with the permission of been offered in settlement, the Trust has refused consent and the and within the course and scope of the Participant's employment with the Participant protects the Trust's right of subrogation to the claim against governmental entity that is a covered under this supplemental coverage: tortfeasor, and c. The Participant gives credit to the Trust for the unrealized portion of the d. Caused by an automobile hazard described liability limits as if the full limits had been received: The owner's or operator's liability for these damages must arise out of the i. if less than the described limits have been offered in settlement, ownership, maintenance or use of the uninsured motor vehicle or and underinsured motor vehicle. ii. the Trust has consented: or 3. Determination as to whether the Participant is legally entitled to recover damages and if so the amount of the damages shall be made by agreement d. The Participant gives credit to the Trust for the unrealized portion of the between the Participant and the Trust, or in the event of disagreement. may be described liability limits as if the full limits had been received: made by arbitration. Written demand for arbitration must be made within two (2) years from the date of the accident. I. if less than the described limits have been offered in settlement, and 4 The parties to this coverage agree that no cause of action shall accrue to the Participant to recover damages under this coverage unless within two (2) years ii. the Trust has refused consent. and from the date of the accident. I 9. "Uninsured motor vehicle" means an auto. iii. the Participant protects the Trust's right of subrogation to the claim against the tortfeasor. a. To which there is no collectible bodily injury liability insurance applicable at the time of the accident. 7 In the event of payment to any Participant under this coverage document: b To which a bodily injury liability policy applies at the time of the accdent if a. The Trust shall be entitled to the extent of the payment to the proceeds of its limit for bodily injury liability is less than the minimum limits for bodily any settlement or judgment that may result for the exercise of any rights of injury liability or death under ORS 806.070 recovery of the Participant against any uninsured motorist legally responsible for the bodily injury because of which payment is made, c. To which the Participant and the Trust. after reasonable efforts, fail to discover within 90 days from the date of the accident, the existence of a b. The Participant shall hold in trust for the benefit of the Trust all rights of valid and collectible automobile liability policy applicable at the time of the recovery that the Participant shall have against such other uninsured accident. person or organization because of the damages that are the subject of any d. To which a bodily injury liability policy applies at the time of the accident, claim made under this coverage document but only to the extent that any but the insuring company. claim was made or paid herein and only to the extent of the actual payment made by the Trust. 1. denies coverage: or c. The Participant shall do whatever is proper to secure and shall do 2. within two years of the date of the accident nothing after loss to prejudice such rights of the Trust. (a) becomes voluntarily or involuntarily bankrupt. or 8. "Underinsured motor vehicle": means an auto to which a bodily injury liability policy applies at the time of the accident and its limit for bodily injury liability is (b) is placed in receivership, or either: (c) becomesinsolvent. a less than the limit of liability for this coverage, or e. That is a stolen vehicle. b. Exhausted by payments to others injured in the accident to an amount which is less than the limit of liability for this coverage. L That is a phantom vehicle. However, "underinsured motor vehicle" does not include any vehicle or 9- That is a hit-and-run vehicle. equipment, However, "uninsured motor vehicle" does not include any vehicle or a Which is an uninsured motor vehicle. equipment. b Owned by you or furnished or available for the regular use of you or any h. That is insured unless the vehicle is a stolen vehicle. family member, except a stolen vehicle. i Owned by you or furnished or available for the regular use of you or any c Owned by any governmental unit or agency. family member. d. Operated on rails or crawler heads. j- Owned or operated by a self-insurer under any applicable motor vehicle law, except a self-insurer which is or becomes insolvent. e Designed mainly for use off public roads while not upon public roads k Owned by any governmental unit or agency. f While located for use as a residence or premises I Operated on roils or crawler treads. m. Designed mainly for use off public roads while not upon public roads. sine P.,11.1 i n. While located for use as a residence or premises and not as a vehicle. 3. Payment by the Trust of personal injury protection benefits for a Participant shall be applied in reduction of the amount of damages that the Participant may EXCLUSIONS be entitled to recover from the Trust under UninsuredNnderinsured Motorist Bodily Injury Coverage for the same accident but may not be applied in 1 The Trust does not provided UninsuredNnderinsured Motorists Bodily Injury reduction of the Uninsured/Underinsured Motorist Bodily Injury Coverage Coverage for bodily injury sustained by any Participant: policy limits a If that Participant or the legal representative settles the bodily injury 4 No one will be entitled to receive duplicate payments for the same elements of claim or prosecutes to judgment any action or suit against any person or loss under this coverage and organization who may be legally liable therefore without the Trust's written consent. However. this exclusion (1 A.) does not apply to claims a. The liability coverage provided by the SDIS Liability Coverage Document, against the owner or operator of an underinsured motor vehicle. or b While using a vehicle without the express or implied permission of the b. Personal injury protection coverage, if any, provided by the SDIS Liability owner or other person having lawful possession of the vehicle or for using Coverage Document. the vehicle beyond the scope of the permission granted. 5. The Trust will not make a duplicate payment under this coverage for any made by or on behalf of persons or 2. UninsuredNnderinsured Motorists Bodily Injury Coverage shall not apply element of loss loss who for may which be legally payment has been responsible. o directly or indirectly to benefit any insurer or self-insurer under any of the following or similar law. 6. The Trust will not pay for any element of loss if a person is entitled to receive payment for the same element of loss under any of the following or similar law a Workers' compensation law. or b Disability benefits law a. Workers' Compensation law. or . 3. The Trust does not provide Uninsured/Underinsured Motorists Bodily Injury b. Disability benefits or occupational disease laws. Coverage for Punitive or exemplary damages 7. The limit of liability for Uninsured/Underinsured Motorist Bodily Injury 4 Uninsuredlnderinsured Motorists Bodily Injury Coverage shall apply only to Coverage shown in the Declarations for the auto involved in the accident shall accidents that occur on and after the effective date of the coverage document, be reduced by the sum of the limits of liability under all bodily injury liability during the coverage period and within the United States of America. its territories policies (other than this policy) applicable at the time of the accident, or possessions, or Canada. B. If the Participant has entered into a settlement for less than the limit applicable LIMIT OF LIABILITY to all liability bonds or policies for bodily injury the damages shall be further reduced by the difference between that limit and the amount paid by the persons 1 The limit of liability shown in the Declarations for Uninsured/Underinsured or organizations who may be legally responsible and by the amount paid by the Motorists Coverage is our maximum limit of liability for all damages, including insurers of the persons or organizations who may be legally responsible. damages for care and loss of services (including loss of consortium and wrongful OTHER COVERAGE death), arising out of bodily injury sustained by any person(s) in any one auto accident. Pursuant to ORS 278.215 (3) this coverage shall be excess over any other collateral 2. The limit of liability shall be reduced by all sums paid because of the bodily benefits to which an injured person is entitled. including, but not limited to, other injury by or on behalf of persons or organizations that may be legally uninsured motorist coverage, insurance benefits. governmental benefits or gratuitous responsible. This includes all sums paid to a Uninsured/Underinsured benefits. Motorists Bodily Injury Coverage claimant for bodily injury under any liability ARBITRATION coverage provided by this supplemental coverage 1 If the Trust and the Participant do not agree- a Whether the Participant is legally entitled to recover damages, or a cause or causes of action arising out of the accident for damages against a person or persons whose identities are unascertainable, and b. As to the amount of damages which are recoverable by that Participant. setting forth the facts in support thereof. From the owner or operator of an uninsured motor vehicle or underinsured 2 If the accident was caused by a phantom vehicle the Participant or the legal motor vehicle then the matter may be arbitrated. However, disputes concerning representative of the Participant must: coverage under Additional Coverage E may not be arbitrated. a. Report the accident within 72 hours to a police, peace or judicial officer, to Both parties must agree to arbitration. If so agreed, each party will select an the Department of Transportation or to the equivalent department in the arbitrator. The two arbitrators shall select a third. If the arbitrators selected by state where the accident occurred, the parties cannot agree on the third arbitrator then either may request that selection be made by a judge of a court of record having jurisdiction. b. File with the Trust, within 30 days after the accident, a statement under oath that the Participant or the legal representative of the Participant has 2. Each party will. a cause or causes of action arising out of the accident for damages against a person or persons whose identities are unascertainable, and a. Pay the expenses it incurs, and setting forth the facts in support thereof, and b. Bear the expenses of appointing the arbitrator equally. c. Corroborate the facts of the accident by competent evidence other than 3. Unless both parties agree otherwise, arbitration will take place in either of the the testimony of any person having an uninsured motorists claim resulting following, at the election of the Participant from an accident ! a- The county and state where the Participant resides, or 3. If the uninsured motor vehicle is a stolen vehicle, the Participant or someone on behalf of the Participant must. b. The county and state where the Participant's cause of action against the a. Report the ant of within 72 hours to a police, peace or judicial officer, to operator or owner of the uninsured motor vehicle or underinsured vehicle the Department of Transportation or to the equivalent department in the arose. state where the accident occurred: 4. The Trust will reimburse to a Participant any costs of arbitraton over $100.00. b. Cooperate with the appropriate law enforcement agency in the Costs will not include attorney fees or expenses incurred in the production of prosecution of the theft of the vehicle, evidence or witnesses, the cost of taking depositions or the making of transcripts. 5. Local rules of law as to procedure and evidence will apply. A decision agreed to 4. As soon practicable, the Participant shall give the Trust written proof of claim, by the arbitrator will be binding. under oath if required, including the full particulars of the nature and extent of the injuries, treatment and other details entering into the determination of the amount ADDITIONAL DUTIES AFTER AN ACCIDENT OR LOSS payable under the coverage agreement. 1 If the accident was caused by a hit-and-run vehicle the Participant or the legal 5. The Participant shall submit to examinations under oath by any person named representative of the Participant must by the Trust and subscribe the same, as often as may reasonably be required. a. Report the accident within 72 hours to a police, peace or judicial officer, to 6. Upon reasonable request of and al the expense of the Trust, the Participant the Department of Transportation or to the equivalent department in the shall submit to physical examinations by physicians selected by the Trust and state where the accident occurred shall, upon each request from the Trust, execute authonzabon to enable the Trust to obtain medical reports and copies of records b. At the Trust's request. make available for inspection the vehicle the 7_ A person seeking Uninsured/Underinsured Motorist Bodily Injury Coverage, Participant was occupying at the time of the accident and or someone on that person's behalf, must also promptly provide the Trust copies c. File with the Trust, within 30 days after the accident, a statement under of the legal papers if a suit is brought. oath that the Participant or the legal representative of the Participant has I - a „rid sins ri.eexr r"..,.r. Truwni r.ni eti.w~w 8. A person seeking Underinsured Motorists Bodily Injury Coverage must 7. "Participant" means, in addition to the definition of Participant contained in the promptly notify the Trust in writing of tentative settlement between the SDIS Liability Coverage Document, any other person while occupying a covered Participant and the insurer of the underinsured motor vehicle and allow the auto provided the actual use thereof is with the permission of the Named Trust 30 days to advance payment to that Participant in an amount equal to the Participant. tentative settlement to preserve the Trust's rights against the insurer, owner or operator of such uninsured motor vehicle. 8. "Phantom vehicle" means a vehicle that causes bodily injury to a Participant An advance payment shall not be deemed a payment of a settlement for arising out of a motor vehicle accident that is caused by a vehicle that has no purposes of any time limitations under this coverage. physical contact with the Participant or the auto the Participant is occupying at the time of the accident and the identity of either the operator or the owner of the 9. No action or suit shall lie against the Trust unless, as a condition precedent phantom vehicle cannot be ascertained. thereto, the Participant or the legal representative of the Participant has fully complied with all the terms of this coverage document. 9. "Punitive or exemplary damages" include damages which are awarded to punish or deter wrongful conduct, to set an example, to fine, penalize or impose DEFINITIONS a statutory penalty, and damages which are awarded for any purposed other than as compensatory damages for bodily injury or property damage. The following DEFINITIONS are specific to this Supplemental Coverage and will be in addition to and may modify or even supersede definitions m the SDIS Liability Coverage 10. "Stolen vehicle" means an insured vehicle that causes bodily injury to the Document. Participant arising out of a motor vehicle accident if the vehicle is operated without the consent of the insured and the operator of the vehicle does not have 1. "Auto" means a land motor vehicle designed for travel on public roads, including collectible motor vehicle bodily injury liability insurance . any attached machinery or equipment. However. an auto does not include trailers or mobile equipment. This definition of "auto' supersedes the definition of auto contained in the SDIS Liability Coverage Document. 2. "Covered auto" means. a. Any auto to which the bodily injury liability coverage of the SDIS Liability Coverage Document applies and for which a specific automobile liability premium is charged b. Any auto owned by the Named Participant. 3. "Declarations" means the Liability Declarations page as issued to the Named Participant for the current coverage period. 4 "Family member" means a person related to you by blood, marriage. civil union, domestic partnership or adoption who is a resident of your household. This includes a ward or foster chilled who is a resident of your household. 5 "Hitand-run vehicle" means a vehicle whose operator or owner cannot be identified and which causes bodily injury to a Participant arising out of physical contact of the vehicle with the Participant or with a covered auto the Participant was occupying at the time of the accident 6. "Occupying" means in. upon: or getting in, on, out or off. ans u.MO~. n., Q,. n~~..~.o~- ~ ~..rM sins n. ~,..a n.u~"."~ _ e• irw