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Insurance Certificate: RVCOG
ACC) CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) ‘......--' 12/31/2018 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 NAME:ACT Marcy Baker Ward Insurance Agency Inc. PHONE � No);541-342-8280 A� PO Box 10167 (A/c,No,Est): 541-687-1117 Eugene OR 97440 ADDRESS: marcy@wardinsurance.net INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Special Districts Assocation of Oregon INSURED ROGUVAL-03 INSURER B: Rogue Valley Council of Governments PO Box 3275 INSURER C: Central Point OR 97502-0011 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:225714915 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 CONTRACT OR 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP ' LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 34P44372-429 1/1/2019 1/1/2020 EACH OCCURRENCE $500,000 1 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ X PUBLIC OFFICIALS MED EXP(Any one person) $ PROF.LIABILITY PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY Y Y 34P44372-429 1/1/2019 1/1/2020 COMBINED SINGLE LIMIT $500,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED x NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ A UMBRELLA LIAB X OCCUR Y 34P44372-429 1/1/2019 1/1/2020 EACH OCCURRENCE $4,500,000 _ EXCESS LIAB CLAIMS-MADE AGGREGATE $4,500,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 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) Certificate holder and all entities required by written contract are included as additional insureds with waiver of subrogation with respects to the general liability as required by written contract per attached endorsements.All coverages are subject to policy limits,terms,conditions and exclusions. Re: Using property for meal site. Certificate holder includes:City of Ashland,its officers,employees and agents. 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 Ashland OR 97520 AUTHORIZE REPRESENTATIVE USA ,t.,.,:' {s-¢4. 1 I ©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 VII. DEFINITIONS 33 Page • VIII. SUPPLEMENTAL COVERAGE DOCUMENTS I. COVERAGE AGREEMENTS _ 1 A. PERSONAL INJURY PROTECTION SUPPLEMENTAL COVERAGE 46 II. DEDUCTIBLES 3 B. UNINSURED/UNDERINSURED MOTORIST BODILY INJURY III. ADDITIONAL COVERAGES 5 SUPPLEMENTAL COVERAGE 62 • • IV. EXCLUSIONS 12 V. LIMITS OF LIABILITY.-- 26 VI. CONDITIONS .......»27 A. ACTION AGAINST THE TRUST 27 • B. SUBROGATION 28 C. CHANGES 28 D. CANCELLATION. 28 E. NON-ASSIGNABLE 29 F. CONTRIBUTION. _ _ 29 • G. CROSS LIABILITY 29 • H. COVERAGE PERIOD/TERRITORY ...... 30 I. GOVERNMENT INSTRUMENTALITY 30 • • J. LIBERALIZATION CLAUSE 30 • • K. OTHER COVERAGE OR INSURANCE 30 L. BANKRUPTCY _ 31 M. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE,CLAIM,SUIT OR ACTION. 31 N. REPRESENTATIONS 32 O. DEFENSE COUNSEL PANEL SELECTION 32 P. MEMBERSHIP IN SDAO 33 SDIS LIMMIly Coverage Um'umenl January 1.101' SDIS LAVMM,'Coverage Document January I.Ent- SPECIAL DISTRICTS INSURANCE SERVICES Coverages A, B and C apply to: Bodily Injury, Personal Injury, Property LIABILITY COVERAGE DOCUMENT Damage or Wrongful Act(s)only if: This is a Liability Coverage Document under which the Named Participant's Liability 1. The Bodily Injury, Personal Injury, Property Damage or Wrongful Coverage Declarations (hereafter referred to as "Declarations") are issued. The Act(s)takes place in the Coverage Territory. • Coverage Provisions within the Liability Coverage Document set forth the coverages afforded Participants by the Special Districts Insurance Services Trust (hereafter 2. The Bodily Injury, Personal Injury, Property Damage or Wrongful referred to as'the Trust)pursuant to its Trust Agreement,Bylaws and Rules,and in Act(s)takes place during the Coverage Period,provided that prior to the accordance with ORS 731.036.4 and ORS 30.282. A Named Participant must be a Coverage Period,no Participant authorized by the Named Participant to member or associate member of the Special Districts Association of Oregon before give or receive notice of an occurrence or claim,knew that the bodily coverage will be provided hereunder, Coverages A,B and C as described below apply injury,property damage or wrongful act(s)had taken place,in whole or to general liability, automobile liability, Employment Practices liability, employee in part. If such a Participant knew,prior to the Coverage Period,that the benefits liability and professional liability exposures. bodily injury,property damage or wrongful act(s)took place,then any continuation, change or resumption of such bodily injury, property Defined terms appear in boldface type. damage or wrongful act(s)during or after the Coverage Period will be • deemed to have been known prior to the Coverage Period and will not be I. COVERAGE AGREEMENTS covered hereunder. In consideration of the contribution made,and subject to the terms,exclusions 3. Bodily Injury,Personal Injury,Property Damage or Wrongful Act(s) and definitions hereinafter mentioned,the Trust will pay those sums which the will be deemed to have been known to have taken place at the earliest • Participant shall be legally obligated to pay as Damages because of Bodily time when any Participant authorized by the Named Participant to give Injury,Personal Injury,Property Damage and Wrongful Acts to which the or receive notice of an Occurrence or Claim: following applies. a. Reports all, or any part, of the Bodily Injury,Personal Injury. Coverage A:Liability for Damages caused by a Tort arising under and governed Property Damage or Wrongful Act(s)to the Trust or any other by the Oregon Tort Actions Against Public Bodies Act,including the insurer. limits of liability set forth therein,Oregon Revised Statutes 30.260 to 30.300. This Coverage only applies to liability caused by an b. Receives a written or verbal demand or Claim for Damages Occurrence or Wrongful Act as defined in this Coverage because of the Bodily Injury,Personal Injury,Property Damage Document. or Wrongful Act(s);or Coverage B:Liability for Damages arising out of Federal Claims, including c. Becomes aware by any other means that Bodily Injury.Personal Wrongful Acts arising from Employment Practices and from the Injury,Property Damage or Wrongful Act(s)has taken place. Administration of Employee Benefits Programs. Coverage for Employment Practices liability and Employee Benefits DEFENSE Programs liability applies to any Damage sustained by an Employee. This coverage applies to liability caused by an The Trust shall have the right and duty to defend any Suit or Action against a Occurrence or Wrongful Act as defined in this Coverage Participant seeking Damages on account of liability covered by Coverages A,B Document. and C,even if any of the allegations of the Suit or Action are groundless,false or fraudulent, and to make arty such investigation and settlement it deems Coverage C:Liability for Damages arising out of Bodily Injury, Property expedient. Damage,or Personal Injury,arising out of an Occurrence that is subject to the laws and jurisdiction of any State,other than the The duty to defend any Suit or Action shall terminate,except as provided State of Oregon, of the United States of America, or other hereafter, when such Suit or Action ceases to seek Damages against the jurisdiction within the Coverage Territory to which this Coverage Participant. The Trust shall not be obligated to pay any Claim or judgment,or Document applies. to defend any Suit or Action,after the applicable Limit of Liability has been exhausted. SDIS ILLOIIy Coverage Document January I.:or Page I of CO SDIS LJaLllxy Coverage Document January I.EOI- Page 1560 • The Trust has no duty to defend until such time as the Participant or Named Period. The Trust will pay Claims without application of the Participant has provided notice to the Trust as provided in Section VI. Dedudible(s). The Named Participant will then reimburse the Conditions, Subsection M.,and the Trust shall have no obligation to pay any Trust for any Deductible(s)within thirty(30)calendar days after sum for fees,expenses or costs incurred for the defense of a Participant or notice is given to the Named Participant of such payment. Named Participant prior to such notice. • B. The Deductible(s)will apply only to the actual Damages paid to a SUPPLEMENTARY PAYMENTS claimant or their legal representative. Actual Damages will include all settlement amounts paid to a claimant. Solely with respect to any Claim which is covered under Coverages A,B and C above.in which the Trust defends,the Trust will pay: C. Payment of Defense Costs incurred will not be included within the ,, Deductible(s). A. All expenses the Trust incurs. D. The Participant is responsible for the first $25,000 of any B. Up to $300 for cost of bail bonds required because of Bodily Damages paid by the Trust on behalf of the Participant with • Injury,Property Damage or traffic law violations arising out of the respect to any Claim arising out of the termination of employment, use of any vehicle to which Coverages A,B and C apply. The or suspension without pay and benefits,of any Employee of the • Trust does not have to apply for or furnish these bonds. Named Participant. However,this Deductible shall be waived if • the Participant has contacted the Trust,or legal counsel approved I C. The cost of bonds to release attachments in any Suit or Action in advance by the Trust,before such termination or suspension of• against a Participant the Trust defends,but only for bond amounts employment,and has followed all reasonable advice provided to within the applicable Limit of Liability. The Trust does not have to the Participant by the Trust or such approved legal counsel with apply for or furnish these bonds. respect to such termination or suspension of employment. The $25,000 deductible,or the applicable portion thereof payable by the D. All reasonable expenses that the Trust request's the Participant Participant,will be charged to the Participant after settlement of incur to assist the Trust in the investigation or defense of the Claim the Claim or payment of Damages by the Trust. •• including actual loss of earnings up to$300 a day because of time • off work. • If a Deductible of$25,000 or greater is shown on the Declarations, then the Deductible shown on the Declarations will apply and the E. All costs taxed against the Participant in the Suit or Action. Deductible will not be waived for any reason. F. Prejudgment interest awarded against the Participant on any part E. When an Employee is terminated before the expiration of an '.. of the judgment the Trust pays. If the Trust makes an offer to pay employment contract that requires payment of a severance for the applicable Limit of Liability,it will not pay any prejudgment early termination, and the terminated Employee is later due • interest based on the period of time after the offer. Damages as a result of any Claim in any way related to termination,the Named Participant will pay a Deductible equal to G. All interest on the full amount of any judgment which is covered the severance amount stated in the employment contract. This under Coverages A,B and C above that accrues after entry of the provision only applies if the Named Participant does not pay the judgment and before the Trust has paid, offered to pay, or severance under the employment contract. This provision does not deposited in court the part of the judgment that is within the apply to a union contract. applicable Limit of Liability. F. A$10,000 Deductible applies to each loss caused by a fire that is These supplementary payments will not reduce the Limit of Liability. intentionally set by a Named Participant,for a training exercise or demolition of a structure,unless the Trust opinions that the Named II. DEDUCTIBLE(S) Participant documents and demonstrates satisfactorily that it • followed guidelines established by the Oregon State Fire Marshal's • • A. Where there is a Deductible(s)shown on the Declarations,it is to Office or the Board on Public Safety Standards and Training be applied per Occurrence or Wrongful Act, regardless of the (BPSST). number of Occurrences or Wrongful Acts during the Coverage Solo LamBily Coverage Drc,uornl January 1.101' rote J m60 Solo Uaaa,Corerage Document January l.301" Page 60(00 • III. ADDITIONAL COVERAGES a The Trust will have no obligation to pay for Defense Costs under this Additional Coverage B unless the Participant notifies the Trust of a These Additional Coverages are provided by the Trust to a Participant. Unless complaint within thirty(30)calendar days of first communication from or to otherwise indicated in this Section III,these Additional Coverages will not be in the Oregon Governmental Standards and Practices Commission. Such addition to the Total Limit of Liability identified on the Declarations. All other notice must be provided as set forth in Section VI.Conditions,Subsection terms,conditions,exclusions and definitions of this Coverage Document apply to M.of this Coverage Document,and the Trust has no obligation for any the Additional Coverages unless otherwise expressly indicated.As a condition Defense Costs incurred poor to such notice. precedent to these Additional Coverages the Participant must provide notice to the Trust as provided in Section VI.Conditions,Subsection M.of this Coverage 5 The Trust will have the right,but not the duty,to independently investigate Document and the Trust shall have no obligation for any Defense Costs any complaint alleging violation of ORS 244.040 or ORS 244.120 through incurred by the Participant prior to such notice.Any titles referenced within this ORS 244.135. As a condition precedent to any right to payment under i Section III.Additional Coverages are inserted solely for convenience of reference this Additional Coverage B,the Participant shall fully and completely and shall not be deemed in any way to limit or affect the Additional Coverage to cooperate with such investigation. The costs,if any,of such investigation which they relate. shall not reduce the payments otherwise payable under this Additional Coverage B. Additional Coverage A: OSHA DEFENSE COSTS s Reimbursement payments for Defense Costs will be made upon receipt • Upon written approval of the Trust,the Trust will defend a Named Participant by the Trust of adequate documentation that: • from OSHA enforcement proceedings and pay associated Defense Costs,the �i, • Trust's obligation to pay for the defense of the Named Participant is limited a. The legal feesiexpenses were actually incurred:and solely to Defense Costs. The Trust shall not be liable for Defense Costs in b. no payment shall be made unless the Participant is vindicated on all excess of$5,000 per OSHA proceeding(regardless of when the Defense Cost counts. is incurred)or$5,000 per Named Participant,in the aggregate for any and all OSHA defense proceedings in any one Coverage Period. 7 The Trust shall be subrogated,to the extent of any payments made under this Additional Coverage B. to any amounts recoverable by the Additional Coverage B: ETHICS COMPLAINT DEFENSE COSTS Participant from the Named Participant,other collectible insurance or pursuant to ORS 244.400. The Trust will pay Defense Costs in the defense of administrative complaints before the Oregon Government Ethics Commission (Ethics Complaints) as Additional Coverage C: EEOC/BOLT DEFENSE COSTS provided herein: The Trust will pay Defense Costs of the Participant in administrative This Additional Coverage B applies only to the defense of ethical proceedings under ORS Chapter 659 before the State of Oregon Bureau of complaints against a Participant who is a public official,alleging violations Labor 8 Industries ("BOLI") or the U.S. Equal Employment Opportunity • of ORS 244.040 or ORS 244.120 through ORS 244.135,in connection Commission("EEOC")as provided herein: with the Participant's relationship to the Named Participant. This Additional Coverage B does not cover fines,penalties or Damages. 1. The most the Trust will pay under this Additional Coverage C is$50,000 per Occurrence or Wrongful Act and in the aggregate for each Named • • 2 The amount the Trust will pay under this Additional Coverage B shall be Participant for any and all administrative proceedings Defense Costs • • limited to$2,500 for any individual public official for all complaints arising incurred during the Coverage Period. The Trust has no obligation to pay • in any one Coverage Period. The amount the Trust will pay shall also be any penalties or fines,which may be assessed by BOLT or the EEOC limited to$5,000 for all public officials of any one Named Participant for against the Participant under this Additional Coverage C. This Additional all complaints arising in any one Coverage Period. Coverage C does not apply to unemployment compensation Claims or to • , 3 The Trust will have no obligation to pay for Defense Costs,under this any Claims which would be excluded under Section IV. Exclusions , Additional Coverage B, for complaints made by. or on behalf of, the Exclusion O. Named Participant,the Named Participant's board of directors or any • individual member of the Named Participant's board of directors. Additional Coverage D: LIMITED POLLUTION COVERAGE �''..1 Solo 1Ja0,llly CUrerage Doan.,January 1.181' Page 5040 sun/laWity CoKrote Document-Januvr I.101" Page 6ur60 • Subject to the following provisions,and notwithstanding Section IV.Exclusions, Additional Coverage G: PREMISES MEDICAL EXPENSE '.. K.or L.,the Trust will pay a maximum of$100,000 each Occurrence and in the '.. aggregate, for any and all Occurrences resulting in Claims in any one With the Named Participant's approval,the Trust will pay reasonable medical Coverage Period, for Bodily Injury and Property Damage, including any expenses incurred up to $5,000 per claimant, each Occurrence and in the Defense Costs associated therewith,and any cleanup expenses,arising out of aggregate as the result of injuries sustained to guests on the premises owned or the actual or alleged discharge, dispersal, release or escape of Pollutants, occupied by the Named Participant. Payment of such Claims will require the • arising out of the Named Participant's premises or operations performed by or following: '.. on behalf of the Named Participant. '.. 1. The accident(Occurrence)that caused the injury must have occurred 1. Additional Coverage D does not apply to,or provide coverage for,any within the Coverage Period. '.. Claim or damage to the Named Participant's own property or property in the possession or control of the Named Participant. 2. The medical expenses must be incurred and reported to the Trust within one(1)year from the date of the accident(Occurrence). 2. Additional Coverage D does not apply to,or provide coverage for,any liability of a Participant which is subject to Section IV. Exclusions 3. The medical expenses must be directly related to,and resulting from,the Exclusion K(3). . injury(s)sustained in the accident(Occurrence). Additional Coverage E: INJUNCTIVE RELIEF DEFENSE COSTS This coverage will not apply to: Subject to the following provisions and notwithstanding Section IV.Exclusions 1. Any Employee of the Named Participant. Exclusion AD.,the Trust will pay for Defense Costs in defending the Named Participant against a Suit or Action for Injunctive Relief,or declaratory relief, 2. Any person hired to do work on behalf of the Named Participant or any because of the liability of the Named Participant to which this Coverage tenant of the Named Participant. Document applies,the Trust's obligation to pay for the defense of the Named Participant is limited solely to Defense Costs. 3. Any person who normally occupies the premises upon which the accident (Occurrence)occurred. 1. The most the Trust will pay under this Additional Coverage is$25,000 per Occurrence or Wrongful Act and in the aggregate,for all Defense Costs 4. Any person who qualifies for Workers'Compensation benefits incurred during the Coverage Period for the defense of the Named under any state or federal law. Participant. The Trust has no obligation to pay for the cost of complying with the Injunctive Relief or declaratory relief,penalties or fines which 5. Any individual injured while taking part in athletics. may be assessed as part of the Injunctive Relief or declaratory relief. Additional Coverage H: SEXUAL MOLESTATION 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 This Coverage Document provides coverage for the Named Participant as a Named Participant,the Named Participant's board of directors or any result of vicarious liability(liability of the Named Participant for acts of individual member of the Named Participant's board of directors. Participants)for Bodily Injury or Personal Injury Damages resulting from Sexual Molestation which occurs during the Coverage Period.All such Bodily Additional Coverage F: CERTIFIED ACTS OF TERRORISM 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 Notwithstanding Section IV. Exclusions Exclusion M., the Trust will pay a or Personal Injury will be deemed to be one Occurrence,and only one per maximum of$500,000.each Occurrence and in the aggregate,for any and all Occurrence Limit of Liability will apply,whether committed by the same Occurrences resulting in Claims in any one Coverage Period for Bodily Injury, Participant or two or more Participants acting in concert and without regard to: Property Damage and Personal Injury, including any Defense Costs associated therewith.from any loss,cost or expense arising out of or related to, 1. the number of incidents of Sexual Molestation taking place thereafter; either directly or indirectly,any Terrorist Activity.This Additional Coverage does not increase any Limit(s)of Liability of the Trust shown in the Declarations. 2. the number of victims of Sexual Molestation; SDrS Liability Coverage Doevmeat January I.201, Page'of 60 SDIS Liab0ity Coverage Document Jenuarr 12010 Page OH 60 3. the locations where the Sexual Molestation took place;or Wrongful Acts of a Participant.The Trust shall select or approve the credit monitoring services vendor before any costs are incurred by the 4. the Trust's Coverage Periods over which the Sexual Molestation took Participant or the Trust will not reimburse the Participant;and; place. 3. Cyber extortion threat expenses and ransom payments incurred as a In addition,the Named Participant may have legal obligations to defend the • direct result of a cyber-extortion threat.For purposes of this paragraph, accused Participant(s)under the provisions of the Oregon Tort Claims Act ORS cyber extortion threat is the use of a computer or other electronic 30.285 and 30.287. It must be noted that such statutory provisions will legally obligate or legally prohibit the Named Participant from defending the accused communications system to obtain or attempt by threat unauthorized Participant(s)based upon the facts of the case.In the case where the Named access to money or other financial gain,or avoidance of financial loss. Participant provides defense,the Trust will provide Defense Cost coverage for the accused Participant(s). However,such Defense Cost coverage will end This Additional Coverage J.shall not apply to: when the accused Participant(s)is found innocent of,convicted of pleads guilty, 1. Any other costs,penalties,or remedies associated with ORS Chapter or no contest to,the crime from which the Claim of Sexual Molestation arose. 646A.604;or In any event,the Bodily Injury or Personal Injury resulting in a Sexual 2. Anything that is or could be covered under Additional Coverage K.or Molestation Claim must be caused by an Occurrence or Offenses and the Occurrence or Offenses must take place in the Coverage Territory. which is excluded under Exclusion O.of this Coverage Document Additional Coverage I: LEAD SUBLIMIT DEFENSE COSTS The most the Trust will pay under this Additional Coverage: Notwithstanding Exclusion AE.,this Coverage Document will provide Defense 1. Shall not exceed$100,000 each Occurrence and in the aggregate,for '.. Costs for a Participant's liability otherwise covered by this Coverage Document any and all Occurrences during any one Coverage Period;and for Bodily Injury or Personal Injury arising out of a Participant's handling of 2. The most the Trust will pay for all SDIS Members covered by the Trust in lead containing materials in the scope of the Participant's duties subject to the any one Coverage Period is$500,000 in the aggregate.Once the total following: cost of claims submitted to the Trust reached$500,000 the Trust will no 1. The Limit of Liability of the Trust under this exception shall not exceed longer pay Claims under this Additional Coverage J. $50,000 each Occurrence and in the aggregate, for any and all Occurrences during any one Coverage Period;and Coverage provided under this Additional Coverage J.will not be subject to a deductible. 2. The most the Trust will pay for all SDIS members covered by the Trust in '.. any one Coverage Period is$200,000 in the aggregate. Once the total Additional Coverage K ACCESS OR DISCLOSURE OF CONFIDENTIAL OR • cost of Claims submitted to the Trust reaches$200,000 the Trust will no PERSONAL INFORMATION AND DATA-RELATED LIABILITY SUBLIMIT longer pay Claims under this Additional Coverage I. Subject to the following provisions and notwithstanding Section IV.Exclusion Al. Additional Coverage J: OREGON CONSUMER IDENTITY THEFT the Trust will pay a maximum of$1,000,000 each Occurrence and in the '.. PROTECTION ACT EXPENSE REIMBURSEMENT SUBLIMIT aggregate,for any and all Wrongful Acts resulting in Claims in any one '.. Coverage Period,for Bodily Injury,Property Damage or Personal Injury • • •Subject to the following provisions and notwithstanding Section IV.Exclusion Al. arising out of the actual or alleged Wrongful Acts associated with the Named '.. This Coverage Document will provide expense reimbursement for notification Participants access or disclosure of confidential or personal information and • • expenses incurred by the Named Participant as a result of the following: • data-related liability.Under this Additional Coverage K.the Trust will only pay 1. Actions required under ORS Chapter 646A.606 to notify persons who are for: the subjects of a security breach as described in ORS Chapter 646A.604; 1. Defense Costs or Damages that the Named Participant is legally • 2. One year of credit monitoring services for person's or organization's obligated to pay as a result of Wrongful Acts associated with the content whose confidential or personal information has been disclosed due to • SDIS Lability Coverage Document January L 201' Page Id 60 SDIS Liability Coverage Damwent January I 201' Page Ind60 • 1 • • posted on the Named Participants website or other electronic communication forums. a. The legal fees/expenses were actually incurred;and b. Majority approval of the Named Participants Board of Directors. 2. Defense Costs or Damages that the Named Participant is legally • 11 obligated to pay as a result of Wrongful Acts associated with the Named Participants actual or alleged neglect, breach of duty or omission in N. EXCLUSIONS • maintaining the security of the Named Participants computer system.For • Coverage provided by Section I. Coverages A, B and C and Section Ill.Additional ! the purposes of this paragraph,computer system is defined to include ,Coverages under this Coverage Document do not apply to: •systems owned by the Named Participant,or licensed or leased by the Named Participant.The neglect,breach of duty or omission,must allow a A. Any liability for Damages: third party to gain unauthorized access to the Named Participant's • • 1. Which result from an act that is intended by the Participant,or can computer system resulting in the publication of another's personal Y p be it enter from the standpoint of a reasonable person to cause information or the Named Participants inadvertent transmission of .expected P _ . P n a computer virus or malicious code:and Buddy Injury or Property Damage even if the injury or Damage is P of a different degree or type than actually ntended or expected. • • • 9 hP Pe 3. Defense Costs or Damages that the Named Participant is legally 2. Which results horn Personal Injury caused by or at the direction of !• • obligated to pay as the result of Wrongful Acts associated with the the Participant with the knowledge that the act would violate the '.. Named Participants actual or alleged,breach of duty in maintaining the rights of another or inflict Personal Injury. security of personal identifying information in the Named Participants I care,custody and control. • This exclusion does not apply to Bodily Injury resulting from the use of • reasonable force to protect persons or property. This exclusion does not Additional Coverage L: CRIMINAL DEFENSE COST REIMBURSEMENT apply to the vicarious liability of the Named Participant.• • The Trust will pay Defense Costs in the criminal defense of a Participant B. Any liability for Damages: • • criminally charged in the death or injury of a non-participant as provided herein: • • i. Which the Participant is obligated to pay as a result of a breach of • • 1. This Additional Coverage L.applies only to the criminal defense of a • contract,express or implied; • • Participant while acting within the scope of their employment or duties on • behalf of the Named Participant.This Additional Coverage L.does not 2. By reason of the assumption of liability by the Participant in a cover fines,penalties or Damages. contract or agreement,except for an Insured Contract;and• • • ',, 2. This Additional Coverage L.applies only to the criminal defense of a 3. Incurred by a party to a contract with a Participant,other than an •• I participant approved by a Majority of the Named Participants Board of employment contract, if the damage would not arise but for the Directors contractual relationship between the parties;regardless of whether '.. those damages are recoverable in tort. • • • • 3. The most the Trust will pay under this Additional Coverage L.shall be • limited to$100,000 for any one Named Participant in any one Coverage C. Any liability for Damages or Defense Costs arising out of the • Period. maintenance,operation,use,entrustment to others, loading or '... • unloading of any aircraft or unmanned aircraft system owned.operated • • 4. The most the Trust will pay for all SDIS Members covered by the Trust in or loaned to a Participant. any one Coverage Period is$500,000 in the aggregate.Once the total cost of claims submitted to the Trust reached$500,000 the Trust will no This exclusion does not apply to the liability for the maintenance, longer pay Claims under this Additional Coverage L. operation,use or entrustment to others of an unmanned aircraft system by a Participant as long as the Participant has fully complied with 5. Reimbursement payments for Defense Costs will be made upon receipt by the Trust of adequate documentation that: 1. Federal Aviation Administration(FAA)regulations.certifications. • SDIS uri lily Coven...m.1.Jon.,1.SO❑ r.ae u of w Suis LIaldllly coverage torn enl Jut 1.201' Parr u d W • • • • • • rules,procedures,policies and standards for unmanned aircraft G. Any liability for Damages for which a Participant, its insurer or the Trust systems including any future amendments; may be held liable under any Workers' Compensation, unemployment compensation or disability benefits law;social security;or other similar '.. • • 2. US Department of Transportation laws and regulations for law,including,but not limited to,the Jones Act,U.S.Defense Base Act, • I unmanned aircraft systems including any future amendments; the Federal Employers Liability Act(FELA),or the U.S.Longshoremen's and Harbor Workers'Compensation Act. • • 3. other applicable federal laws and regulations for unmanned • • • • • aircraft systems including any future amendments,and H. Any obligation imposed by a workers' compensation, occupational disease,unemployment compensation,or disability benefits law,or any • • • 4. any state or local laws and regulations for unmanned aircraft similar law, including any volunteer or inmate for whom the Named • systems including any future amendments. Participant elects to provide Workers' Compensation coverage under • ORS 656.031 or 656.041 et al.,arising out of and in the course of the I.. This exclusion does apply to the maintenance,operation,use or Employee's,volunteer's or inmate's employment or use of their services • • entrustment to others of an unmanned aircraft system by a Participant by the Named Participant. However, the Trust agrees to provide '.I •• for Employer's Liability coverage as follows: 1. Property damage to the Participant's owned or leased property: Employer's Liability coverage applies to Bodily Injury by accident or • Bodily Injury by disease.Bodily Injury includes resulting death subject !.. 2. damage directly to any unmanned aircraft system; to the following: 3. non-business or unauthorized use of any unmanned aircraft 1. The Bodily Injury must arise out of and in the course of the injured system;or Employee's employment,including any volunteer,by the Named Participant; 4. any Government fines or penalties. 2. The employment must be necessary or incidental to the Named 5. Bodily injury,personal injury,advertising injury,or property Participant's work in the state of Oregon; damage arising out of physical contact by any unmanned aircraft 3 Bodily Injury by accident must occur during the Coverage Period; with any other aircraft,including airships/blimps or other gas or hot air filled balloons,whether manned or unmanned; 4. Bodily Injury by disease must be caused or aggravated by the conditions of the Named Participant's employment. The D. Any liability for Damages arising out of the Nuclear Energy Liability Employee's last day of last exposure to the conditions causing or !. Hazard. aggravating such bodily injury by disease must occur during the • Coverage Period; • E. Any liability for Damages arising out of the ownership, maintenance, 5. If the Named Participant is sued,the original suit and any related • operation,entrustment or use of watercraft in excess of thirty(30)feet in legal actions for Damages for Bodily Injury by accident or by length. This exclusion applies even if the Claims against any Participant disease must be brought in the United States of America, its allege negligence or other wrongdoing for the supervision, hiring, territories or possessions,or Canada. employment,training,or monitoring of others by the Participant,if the Occurrence which caused the Bodily Injury or Property Damage The Trust agrees to pay all sums the Named Participant legally must pay involved the ownership,maintenance,use or entrustment to others of any as Damages because of Bodily Injury to the Named Participant's • watercraft in excess of thirty(30)feet in length that is owned or operated Employees,provided the Bodily Injury is covered by this Employers by or rented or loaned to any Participant. Liability coverage. This Employers Liability coverage is secondary to any ! 1. For which the Named Participant is liable to a third party by laws obligating an employer to pay damages to an Employee due reason of a Claim or suit against the Named Participant, by that to Bodily Injury arising out of or in the course of employment,or third party,to recover the Damages claimed against such third any amendments to those laws; party as a result of injury to the Named Participant's Employee; 9. Bodily Injury to a master or member of the crew of any vessel; 2. For care and loss of services;and 10. Fines or penalties imposed for violation of federal or state law;and 3. For consequential Bodily Injury to a spouse,child,parent,brother 11. Damages payable under the Migrant and Seasonal Agricultural or sister of the injured Employee(provided that these Damages Worker Protection Act(29 USC Sections 1801-1872)and under are the direct consequence of Bodily Injury that arises out of and any other federal law awarding damages for violation of those laws in the course of the injured Employee's employment by the Named or regulations issued thereunder,and any amendments to those Participant);and laws. 4. Because of Bodily Injury to the Named Participant's Employee that arises out of and in the course of employment,claimed against The Trust has the right and duty to defend,at the Trust's expense,any the Named Participant in a capacity other than as employer. Claim, proceeding or suit against a Named Participant for Damages payable by this Employer's Liability Coverage.The Trust has the right to Employer's Liability coverage does not cover: investigate and settle these Claims,proceedings and suits. 1. Liability assumed under a contract.This exclusion does not apply to The Trust has no duty to defend a Claim,proceeding or suit that is not a warranty that work will be done in a workmanlike manner; covered by this Employer's Liability Coverage.The Trust has no duty to 2. Punitive or exemplary damages because of Bodily Injury to an defend,or continue defending,after the Trust has paid the applicable Employee employed in violation of law; Limit of Liability under this Coverage Document. 3. Bodily Injury to an Employee while employed in violation of law L Any liability for Damages arising out of,or in any way connected with the with a Named Participant's actual knowledge or the actual operation of the principles of eminent domain,condemnation proceedings knowledge of any of its executive officers; (including any delay in pursuing or completing condemnation),or inverse condemnation,or by whatever name called,whether such liability accrues directly against the Participant or by virtue of any agreement entered into, 4. Bodily Injury intentionally caused or aggravated by the Named by or on behalf of the Participant. Participant, 5. Bodily Injury occurring outside the United States of America,its J. Any liability for Damages arising out of,in connection with or relating to. territories or possessions,and Canada; any hospital,clinic or nursing home owned or operated by the Participant, 6. Damages arising out of coercion,criticism,demotion,evaluation, or any such liability assumed by the Participant under contract,including reassignment, discipline,ut f defamation,criticism, harassment, humiliation, an Insured Contract,which arises out of or is connected with the care, reassignment,against or termination ef m do of any Employee,hu, or any treatment,rendering of health related professional services or providing any associated products or devices to any person brought to,entering or personnel practices,policies,acts or omissions, admitted on an inpatient or outpatient basis to such hospital,clinic or 7. Bodily Injury to any person in work subject to the Longshore and nursing home with the intention that care,treatment,professional services Harbor Workers'Compensation Act(33 USC Sections 901-950), or associated products and devices be provided. the Nonappropriated Fund Instrumentalities Act(5 USC Sections 8171-8173), the Outer Continental Shelf Lands Act (43 USC However,this exclusion does not apply to Incidental Medical Practice by Sections 1331-1356), the Defense Base Act (42 USC Sections Participants acting within the course and scope of their duties for the 1651-1654),the Federal Coal Mine Health and Safety Act of 1969 Named Participant. (30 USC Sections 901-942), any other federal workers or workmen's compensation law or other federal occupational disease K. 1. For other than the Automobile Hazard,arty liability for Damages, law,or any amendments to these laws; including but not limited to Bodily Injury, Property Damage or 8. Bodily Injury to any person in work subject to the Federal Personal Injury,arising out of the actual,alleged or threatened Employers'Liability Act(45 USC Sections 51-60),any other federal discharge, dispersal, seepage, migration, release or escape of Pollutants: 6DIS Ilabnlly Co erage Document Arum,1.101" Pare If age 5015 I,1141111y Coverage Document January .i01 Pow 16 ogee covered by this Coverage Document for Bodily Injury,Personal a. At or from any premises,site or location which is or was at Injury or Property Damage arising out of a Participant's use of any time owned or occupied by,or rented or loaned to,any pesticides, herbicides or fungicides in the scope of the Participant; Participant's duties for the Named Participant,provided each of the following conditions are met: b. At or from any premises,site or location which is or was at any time used by or for any Participant or others for the a. The usage meets all standards of any statutes,ordinance, handling, storage, disposal, processing or treatment of regulation or license requirement of any Federal,State or waste; local government pertaining to such use;and c. Which are, or were at any time, possessed, transported, b. The person or entity applying the pesticide, herbicide or handled,stored,treated,disposed of,or processed as waste fungicide is licensed to do so and is acting within the scope by or for any Participant or any person or organization for of such license. whom a Participant may be legally responsible;or The Limit of Liability of the Trust under this exception shall not d. At or from any premises, site or location on which any exceed 550,000.for all Occurrences during any one Coverage Participant or any contractors or subcontractors working Period, for all Damages, cleanup expenses, Defense Costs, directly or indirectly on any Participant's behalf are or were supplementary payments or any other payment or expense performing operations: incurred with respect thereto,whether or not incurred within the Coverage Period. (1) If the Pollutants are brought on or to the premises, • site or location in connection with such operation by 4. This exclusion does not apply to a Participant's liability otherwise such Participant,contractor or subcontractor;or covered by this Coverage Document for Damages, including Bodily Injury,Property Damage or Personal Injury.arising out (2) If the operations are to test for,monitor, dean up, of: remove,contain,treat,detoxify,or neutralize,or in a. Emergency Operations conducted by a Named any way respond to, or assess the effects of Participant and which are conducted away from premises Pollutants. owned by or rented to the Named Participant, Subparagraphs a.and d.above do not apply to Bodily Injury or b. Fire district training operations; Property Damage arising,out of heat, smoke or fumes from a Hostile Fire. c. Water run-off from the cleaning of the equipment used in Emergency Operations by a Named Participant which is a • 2. Any loss,cost or expense arising out of any: fire district,or a Named Participant which is assisting a fire district or performing the functions of a fire district; a. Request, demand, order or voluntary act that any '.. Participant or others test for,monitor,clean up,remove, d. The handling of residues or residuals after a motor vehicle contain,treat,detoxify or neutralize,or in any way respond accident or after a Hostile Fire has been extinguished,by a • to,or assess the effects of Pollutants;or Named Participant authorized to fight fires, or a Named Participant which is assisting a fire district or performing the b. Claim by or on behalf of a governmental authority for functions of a fire district, provided that the Participant's Damages because of testing for,monitoring,cleaning up, conduct in connection therewith is in conformance with removing,containing,treating,detoxifying or neutralizing or applicable federal and state statutes,rules and guidelines. in any way responding to or assessing the effects of Pollutants. The Limit of Liability of the Trust shall not exceed the Trust's Limit of Liability for each Occurrence,including within such Limit 3. This exclusion does not apply to a Participant's liability otherwise of Liability, all Damages, clean-up expenses, Defense Costs, SOTS IAWluv Coverage Document January l.cii Page of 60 sD1s Hurley Cover,Document January L.VW rage In d60 supplementary payments or any other payment or expense self-insurance trusts, pools. captive insurance companies, reciprocal incurred with respect thereto. exchanges or any other plan or agreement of risk transfer or assumption. 5. This exclusion does not apply to a Participant's liability otherwise N. Any liability for Damages: covered by this Coverage Document for Bodily Injury or Property '..� Damage resulting from the leakage of fluids including fuel, 1. Arising out of any act or omission,including malfeasance and willful hydraulic fluid, lubricants from a covered Auto or Mobile or wanton neglect of duty,outside the scope of a Participant's Equipment other than such fluids carried as cargo, from any powers and duties as defined in the specific enabling legislation for covered Auto or Mobile Equipment designed for land the Named Participant, and ORS Chapter 198 or Oregon transportation,whether or not licensed for highway use,and owned Administrative Rules applicable to the Named Participant's or operated by or on behalf of,the Named Participant,and where operations; such leakage is caused by a collision or upset of a covered Auto or Mobile Equipment,including impacts by rocks or projectiles. 2. Arising out of any acts or omissions,including malfeasance and willful or wanton neglect of duty, outside the scope of a • 6. This exclusion does not apply to a Participant's liability otherwise Participant's training, certification or license applicable to the covered by this Coverage Document for Damages, including Participant's duties; Bodily Injury,Property Damage or Personal Injury,arising out of: This exclusion does not apply to the acts of directors, Employees or '... volunteers of the Named Participant. while acting as a Good Samaritan a. The use,handling,storage,discharge,dispersal,release or independently of his or her activities as a director,Employee or volunteer escape of any chemical used in the Potable Water of the Named Participant, when he or she encounters the scene of an treatment process; emergency requiring sudden action;provided,however,he or she is not responding to the scene of an emergency with or for any other emergency b. Potable Water which is provided by the Participant to service organization. This exception does not provide coverage for a others. Participant(including a director,Employee or volunteer of the Named Participant)for: L. Any liability for Damages, including Bodily Injury,Personal Injury or Property Damage caused by,resulting from,or arising out of. a. Damages arising out of his or her providing or tailing to • • provide,as a physician,on-line medical direction or medical 1. Asbestos,asbestos fibers,asbestos products or to any obligation of command via telecommunication to emergency medical the Participant to indemnify another and/or contribute with another personnel:or because of Damages arising out of,or as a result of. such Bodily Injury,Personal Injury or Property Damage;or b. Property Damage to property owned or occupied by or rented or loaned to that Participant. 2. Any supervision,instruction,recommendations.notices,warnings, advice given or which should have been given in connection with O. Any Personal Injury liability for Damages. asbestos,asbestos fibers or asbestos products. 1. Arising out of oral or Written Publication of material,if done by or • •''I In addition,the Trust shall not be obligated to investigate,pay any Claim at the direction of the Participant with knowledge of its falsity; I • or judgment or defend any Claim for Bodily Injury,Personal Injury,or Property Damage caused by,resulting,from or arising out of asbestos, 2. Arising out of oral or Written Publication of material whose first asbestos fibers or asbestos products. publication took place before the beginning of the Coverage Period; I 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 3. Arising out of the willful violation of a penal statute or ordinance amounts of insurance or bonds, and/or failure to secure insurance or committed by or with the consent of the Participant;andior • • bonds in a timely fashion.Insurance or bonds includes,but is not limited • to,insurance provided by self-insurance arrangements,retention groups, 4. Arising out of oral or Written Publication of material by the I SDIS 2.1.1T Cortrlge Dnreuenl Jam,1.201" Page Ie 01 uo 50151Aa1LW Coverage Dorman/Junin I.201" Y'e 20 of 60 • • • • Participant or on the Participant's behalf,if done in the course or conduct of the practice of law. U. Any liability for Damages arising out of any Claim for failure of • performance of contract by any insurer,including failure of any Employee P. Any liability for Damages due to: Benefit Program; ", 1 War.including undeclared or civil war; V. Any liability for Damages arising out of any Breach of Fiduciary Duty • • 2. Warlike action by military force, including action in hindering or W. Any liability for Damages arising out of any: ' • • defending against an actual or expected attack, by any government,sovereign or other authority using military personnel or 1. Failure of investment programs or plans, including Employee • other agents;and/or Benefit Programs,to perform as represented by a Participant; • 3. Insurrection,rebellion,revolution,usurped power,or action taken 2. Advice given by a Participant to an Employee regarding '.. • by governmental authority in hindering or defending against any of participation in investment programs or plans,including Employee these. Benefit Programs;and/or O. Any liability for back compensation,including wages or employee benefits 3. Failure to comply with any law concerning Workers'Compensation, of any kind and interest associated therewith,with respect to any Claim by Unemployment Coverage,Social Security or Disability Benefits. an Employee„their heirs,beneficiaries or legal representatives. X. Any liability for Damages or Defense Costs,including any duty to defend, • • R. Any liability resulting from the action of,or failure to: or Damages directly or indirectly based on.arising out of or related to: 1. Collect; 1. Any actual or alleged failure, partial failure. malfunction, error, , inadequacy or production of any incorrect or unintended data, • 2. Retain; information or command,by any of the following,whether belonging to any Participant or to others: 3. Refund; a. Computer hardware,microprocessors,computer chips,and 4. Disburse; any other computerized or electronic equipment or • components; • • 5. Apply;and/or b. Computer software,including,but not limited to,applications, 6. Anticipate; operating systems and computer networks;or • any type of Revenue. Examples of Revenue include,but are not limited c. Any other products,equipment.services,data or functions • to,taxes,fees,charges,assessments and adjustments. that directly or indirectly incorporate,use or rely on,in any • '' manner, any of the items listed in subparagraphs 1.a. • •S. Any liability for Damages brought about by, or contributed to, any through 1.b.above, due to the inability to, or manner in• dishonest, fraudulent, criminal, bad faith or malicious act or omission which, any of the above listed items accept, compare. • '. arising from the deliberate violation of any Federal,State or local statute, distinguish,interpret.perform calculations using,process,or I • ordinance,rule or regulation committed by, or with the knowledge and recogn'oe the year 2000 or any other date or year. • consent of, any Participant. The actual or alleged conduct of any Participant shall not be imputed to any other Participant for the 2. Any advice, consultation, design, delay, evaluation, inspection, applicability of this exclusion. installation, maintenance, omission, repair, replacement or supervision provided or done by any Participant, or for any T. Any liability for Damages arising out of any act which violates ORS Participant,whether successful or not,to identify,rectify or test • '', 294.100,or any liability for conduct which violates ORS 294.100(Unlawful any potential or actual problem,failure or malfunction as described Expenditure of Public Money.) in paragraph 1.of this exclusion. • • MIS 1..aW11e Coverage DO..1 J•nuan 1,201' Pare 21 olw SOB2111111•Covr,Doc..Jug _I.201- Pipe 22 of 60 • • Participant. Y. Any liability for Damages or Defense Costs directly or indirectly based upon,arising out of or related to a discrimination class action or similar However.this exclusion does not apply to a rail spur owned or operated representative lawsuit or related group of lawsuits. by the Named Participant. A rail spur is defined as a side track that connects with the main track of a railroad system. 2. Any liability for Damages directly or indirectly relating to the consumption of drinking water provided by a Participant not authorized to provide AD. Except as provided for in Additional Coverage E,Any liability for Damages Potable Water by the Oregon State Health Division. or Defense Costs arising out of any investigation, Claim or other proceeding seeking relief or redress in any form other than money AA. Any loss.cost or expense arising out of or related to.either directly or Damages,including but not limited to costs,fees,or expenses which the indirectly,any Terrorist Activity. This exclusion applies regardless of any Participant my become obligated to pay as a result of a consent decree, other cause or event that in any way contributes concurrently or in any settlement or adverse judgment for declaratory relief or Injunctive Relief. sequence to the loss. This includes but is not limited to • • AB. Bodily Injury, Personal Injury or Property Damage arising directly or 1. Any violation of Oregon Elections and Public Meetings and Records indirectly out of.resulting from,caused by or contributed to by: Laws; 1. Any Fungal Pathogens, 2. Failure to provide an appropriate individualized education program or related facilities or services under the Individuals with Disabilities 2. Any solid,liquid,vapor,or gas produced by or arising out of any Education Act(IDEA)or other Special Education Act(s);and/or Fungal Pathogens; • 3. Unlawful expenditure of public funds. 3. Any material.product,building component,or building structure that contains,harbors nurtures or acts as a medium for any Fungal AE. Any liability for Damages arising directly or indirectly out of,resulting from, Pathogens; caused by or contributed to by 4. Any intrusion,leakage,or accumulation of water or any other liquid 1. The toxic or pathological properties of lead, lead compounds or that contains, harbors, nurtures or acts as a medium for Fungal lead contained in any materials; Pathogens; 2. The actual or threatened abatement,mitigation,removal or disposal 5. The actual or threatened abatement,mitigation,removal or disposal of lead,lead compounds or materials containing lead; of Fungal Pathogens or any material,product,building component. or building structure that contains,harbors,nurtures or acts as a 3. Any supervision, instructions. recommendations, warnings or medium for any Fungal Pathogens; advice given or which should have been given in connection with parts 1.or 2.above;or 6. Any supervision,instructions,recommendations,warnings or advice given or which should have been given in connection with 4. Any obligation of the Participant to indemnify any party in subparagraphs 1,2,3,4,or 5 above;or connection with subparagraphs 1.,2.,or 3.above. 7. Any obligation of the Participant to indemnify any party in connection AF. Any liability for Damages or Defense Costs based upon,arising from or with subparagraphs 1,2,3,4,5,or 6 above. in consequence of any Occurrence,Wrongful Act or Claim if written notice of such Occurrence,Wrongful Act or Claim has been given under This exclusion does not apply to attorney defense costs (fees and any policy of which this Coverage Document is a direct or indirect renewal expenses),with a limit of$25,000 each Occurrence and in the aggregate, or replacement and if such prior policy affords coverage(or would afford for any and all Occurrences during the Coverage Period. such coverage except for the exhaustion of its limits of liability)for such Occurrence or Claim in whole or in part,as a result of such notice. AC. Any liability for Damages or Defense Costs arising out of the ownership and/or operation of a railroad owned and/or operated by a Named AG. Any liability for Damages or Defense Costs of any Occurrence, von IL00112 Coverage Document Januam I.301' rare rs ar 60 SDI,Iu bfluy("ma a Document Juiuery 1.201' Page 26 a 60 Wrongful Act.Claim based upon,arising from or in consequence of: This exclusion applies even if damages are claimed for notification costs. credit monitoring expenses,forensic expenses,pub lic relations expenses 1. Any actual or alleged violation of The Securities Act of 1933,The or any other loss,cost or expense incurred by you or others arising out of Securities Exchange Act of 1934,The Public Utilities Holding Act of the above. 1935,The Trust Indenture Act of 1939,The Investment Company Act of 1940,any State Blue Sky Laws and any federal,state,local As used in this exclusion, electronic data means information, facts or or foreign laws similar to the aforementioned laws and/or regulating programs stored as or on,created or used on,or transmitted to or from the same or similar conduct or services,whether such law is computer software,including systems and applications software,hard or statutory,regulatory or common law; floppy disks,CD-ROMs,tapes,drives,cells,data processing devices or ry. 9 rY any other media which are used with electronically controlled equipment. • 2. Involving directly or indirectly debt security financing,including but AJ. Except as described in Additional Coverage H.Sexual Molestation,any not limited to bonds,notes and debentures;or the investment of,or liability or defense for Bodily Injury,Personal Injury Property Damage the failure to invest,public funds,including but not limited to the use or Wrongful Acts resulting in any way from Sexual MAolestation by any of derivative investment instruments;and/or person including, but not limited to,the negligent hiring, investigation, supervision,reporting to the proper authorities.or failure to report to the proper authorities,or retention of an alleged sexual molester for whom any 3. Any regulation,investigation and enforcement actions based upon, Participant is or ever was legally responsible and whose conduct would arising from or in consequence of subparagraphs 1.and 2.above. be excluded here is not covered. All. Any liability for Damages arising out of the ownership,maintenance or use V. LIMITS OF LIABILITY of a trampoline that has: A. The Total Limit of Liability shown in the Declarations and the rules 1. A round or oval shaped surface with a diameter of over six(6)feet at below fix the most the Trust will pay regardless of the number of: its'greatest distance; 1. Participants covered under this Coverage Document; 2. A square or rectangular shaped surface area greater than twenty- five(25)square feet;or 2. Claims brought; 3. A surface that is not round,oval,square or rectangular in shape. 3. Persons or organizations making Claims;or Determinations regarding diameter and area will be based on 4. Additional Coverages and other special coverage grants offered. measurements taken from the outermost edges of the trampoline's structure. B. The Per Occurrence Limit (Total Limit of Liability) shown in the Declarations is the most the Trust will pay for the sum of all Damages Al. Except as provided for in Additional Coverages J.and K.,any liability for under Coverage A,Coverage B and Coverage C,whether one or more of Damages or Defense Costs arising out of: these Coverages are involved in a single covered Occurrence and/or Wrongful Act. The Named Participant will be responsible for 1. Any access to or disclosure of any person's or organization's confidential reimbursing the Trust for any Deductible(s)that may apply as described in or personal information, including patents, trade secrets, processing Section II.Deductible(s). • methods customer lists,financial information, credit card information, health information or any other type of nonpublic information; C. Subject to paragraph B.above,the Annual Aggregate Limit(Total Limit of Liability)shown in the Declarations is the most the Trust will pay for all 2. The loss of,loss of use of,damage to,corruption of,inability to access,or inability to manipulate electronic data;or Damages from all covered Occurrences or Claims taking place during • the Coverage Period. 3. Any access to or disclosure of any person's or organization's confidential or personal information, including D. Vdth respect to Section III. Additional Coverages and other specific patents, trade secrets, processing methods,customer lists,financial information, credit card information, coverage grants provided within this Coverage Document, any Per health information or any other type of nonpublic information. Occurrence and Annual Aggregate Limit of Liability stated are subject always to the Per Occurrence and Annual Aggregate Total Limit of SD[S 1u.bovr Cavnge Document Jam,1.201' Pere 2l0(60 SON 1.1m01■Cmerage Document.Januan,220I Page 26 of 60 • I Liability,as presented in paragraphs B. and C.above,arising from a • single covered Occurrence or Claim,or from all covered Occurrences The notice shall specifically detail the facts and circumstances of such and Claims during the Coverage Period. breach and requested remedies. At the next scheduled Trust meeting or I at another time as determined by the Trust,the Trust will review the E. Unless stated otherwise within any Additional Coverage or other special matter and may decide whether or not to allow the member to present oral coverage grant,Defense Costs are in addition to the Per Occurrence or written comments at a future Trust meeting as well as any additional • • and Annual Aggregate Total Limit of Liability shown in the Declarations. actions which may be taken to remedy the situation. • • F. The Limit of Liability applies separately to each consecutive annual B. SUBROGATION • • period, and to any remaining period of less than twelve (12)months, • • starting with the beginning of the Coverage Period shown on the In the event of any payment under this Coverage Document,the Trust Declarations,unless the Coverage Period is extended after issuance for shall be subrogated to all the Participant's rights to recovery thereof • an additional period of less than twelve(12)months. In that case,the against any person or organization. The Participant shall execute and it' I add Iona period will be deemed part of the last preceding annual period p p deliver instruments and papers and do whatever else i P 9 P Pape e s necessary to for purposes of determining the Limit of Liability. secure such rights. And the Participant shall do nothing after loss to 9 Pa 9 prejudice such rights. VI. CONDITIONS In the event the Trust makes any payment under this Coverage A. ACTION AGAINST THE TRUST Document,the Trust will waive its rights of recovery against any person or organization with whom the Participant has: As a condition precedent to action against the Trust,the Participant shall • have hilly complied with all the terms of this Coverage Document and the 1. A written contract that is effective and executed prior to the date of amount of the obligation shall have been finally determined by judgment an Occurrence or Wrongful Act,if such contract requires the after actual trial or by written agreement between the Participant,the Participant to waive its subrogation,contribution,or indemnity claimant and the Trust. Judgment shall not be deemed final until the rights;or Claim shall have been finally determined in any appeal prosecuted therefrom. Any person,organization or legal representative thereof having 2. Performed or received work under a letter of intent,work order,or • • • secured such judgment or written agreement,shall be entitled to recover other letter of understanding provided that the Participant can • under this Coverage Document to the extent of the Coverage afforded demonstrate that such letter of intent,work order,or other letter of hereby. No person or organization shall have the right to join the Trust as understanding would customarily be reduced to a written contract a party to any action against the Participant to determine the that requires the Participant to waive its subrogation,contribution, Participant's legal liability, nor shall the Trust be impleaded by the or indemnity rights. • • Participant or by the Participant's representative. , C. CHANGES • If in the event of any dispute or difference arising out of the resolution of '.. any Claim under this Coverage Document the Participant will as a The terms of this Coverage Document shall not be waived or changed, requirement under this Coverage Document engage in an appeal to the except by an endorsement issued to form a part of this Coverage Trust.The appeal will be made within thirty(30)days of the resolution of Document,signed by the Trust's authorized representative,and delivered the disputed Claim. The Participant that believes the Trust, staff or to the Named Participant. agents which have by act or omission, breached that Participant's contractual rights,must write a letter to the chairman of the Trust which is D. CANCELLATION accomplished by mailing notice to This coverage document may be cancelled as follows. SDIS P.O.Box 23879 1 By the Named Participant by surrender of the Named Tigard,OR 97281 Participant's Declarations to the Trust,or any of its agents,for • ' any of the following reasons: • Fax(503)620-9817 soil uvWllly Con-rater porumeni Jut.,1.2n1- Parrr'or eu Soil uaWIir•'(baerise Dmumeni Jwuan I.:or Pare 2.8 or eu • • a. Dissolution of the Named Participant:or specifically assigned to the Named Participant,this Coverage Document applies: b. Merger of the Named Participant with another organization. 1. As if each Named Participant were the only Named Participant; Cancellation by the Named Participant will not be allowed until the and end of the Coverage Period except for the above stated reasons, or as approved by the Trust. 2 Separately to each Participant against whom a Claim is made. 2. By the Trust, in the case of Cancellation for nonpayment of H. COVERAGE PERIOD,TERRITORY , • Contribution:in which case Cancellation shall be effective ten(10) • calendar days following the date of postmark of such notice unless This Coverage Document applies to Occurrences and Wrongful Act(s) '.. full payment of all Contributions then due and owing is received by taking place during the Coverage Period which take place anywhere in the Trust prior to the effective date of Cancellation_ the Coverage Territory,provided the Claim is filed in the United States of • America,and the Damages awarded are paid in United States of America • 3. By the Trust for any of the reasons set forth in ORS 742.702,in dollars. • • '.. which case Cancellation shall be effective thirty(30)calendar days following the date of postmark of such notice of Cancellation. I. GOVERNMENT INSTRUMENTALITY • • • • I 4. By the Trust in the event the Named Participant fails to maintain The issuance of this Coverage Document.and the Coverages(including ". its membership in the Special Districts Association of Oregon.with Additional Coverages)provided thereunder,shall not be deemed a waiver all dues paid throughout the Coverage Period, in which case of any statutory defenses and immunities neither of any Participant.nor of • cancellation shall be effective on the tenth(10x)day following the any statutory limits on the monetary amount of liability applicable to any '.. • date of postmark of Notice to the Named Participant,unless the Participant were this Coverage Document not in effect. The Trust • • • Named Participant becomes a member of, or reinstates his expressly reserves any and all rights to deny liability by reason of such •• • • membership in,the Special Districts Association of Oregon,with all defenses or immunities,to assert any limitation as to amount of liability dues paid in full,prior to the effective date of Cancellation provided by law and to assert all defenses as may be applicable as to any Claim. • Except as provided above,the Trust agrees to provide coverage for the Named Participant for at least one year from the effective date of the • J. LIBERALIZATION CLAUSE Coverage Document. Non-renewal of a Named Participant's Coverage Document by the Trust shall be made by mailing written notice to the It the Trust adopts or files for approval extended or broadened coverage Named Participant at least ninety(90)days prior to the renewal date 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 E. NON-ASSIGNABLE extended or broadened coverage as though such endorsement or substitution of form had been made. The interest of the Participant under this Coverage Document shall not be assignable. K. OTHER COVERAGE OR INSURANCE • • F. CONTRIBUTION If the Participant has other applicable,collectible coverage of any kind, • including insurance,that applies to any Claim or Damages,the coverage • The Contribution stated in the Coverage Document is subject to audit for Damages provided by this Coverage Document shall be excess,and adjustment. The Named Participant agrees to provide anniversary in no event contributing coverage, and then only for the amount of renewal information at least thirty(30)calendar days prior to anniversary Damages which would be payable on behalf of the Participant under or renewal dale. such forms of coverage. In no event,however,shall the liability hereunder exceed the Limit of Liability set forth herein. G. CROSS LIABILITY Notwithstanding the above paragraph in the event that the Named Except with respect to the Limit of Liability,and any rights or duties Participant has entered into an Insured Contract effective and executed • SDIS Laaaii.Coverage Dorumenl Jaw,1.201- .'.V.'-+....II SDIS Sauilil,Coverage D■cuarni Jam,I.2n1' Pqe Soda • • prior to the date of an Occurrence or Wrongful Act, if such contract Participant responsible for Damages;or requires the Participant to provide primary coverage in respects to the Insured Contract activities this coverage shall be considered primary. (2) Becomes aware of any act or omission which However,in no event shall the liability hereunder exceed the Limit of may subsequently give rise to a Claim being Liability set forth herein. made against a Participant for Damages. L. BANKRUPTCY 3. If a Claim is brought, the Participant and any other involved Participant must immediately send the Trust copies of any Bankruptcy or insolvency of the Participant or of the Participant's estate demands, notices, summonses, complaints or legal papers • will not relieve the Trust of its obligation under this Coverage Document. received in connection with the Claim. M. DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE,WRONGFUL 4. In all cases of a Claim the Participant must: • ACT,CLAIM,SUIT OR ACTION a. Authorize the Trust to obtain records and other information; Notice to the Trust is accomplished by sending notice to b. Cooperate with the Trust in the investigation,settlement or SDIS defense of any Claim;and P.O.Box 23879 Tigard,OR 972813879 c. Assist the Trust, upon the Trust's request, in the enforcement of any right against any person or organization • Fax:(503)620-9817 which may be liable to the Participant because of injury or Damages to which this Coverage Document may also apply. 1. The Participant must see to it that the Trust is notified as soon as possible of any Occurrence or Wrongful act which may result in a 5. No Participant will, except at their own cost, voluntarily make Claim. To the extent possible,notice should include: payment,assume any obligation,or incur any expense,other than for first aid,without the Trust's written agreement. a. How,when and where the Occurrence or Wrongful Act took place; N. REPRESENTATIONS b. The names and addresses of any witnesses and injured By accepting this Coverage Document,for which a Contribution has been persons;and made to the Trust,each Named Participant agrees: c. The nature and location of any injury or Damages arising out 1. The statements in the Declarations are accurate and complete, of the Occurrence or Wrongful Act. 2. The statements are based upon representations made to the Trust 2 If a Claim is made against any Participant. the Named in the application for coverage by or on behalf of the Named Participant must' Participant;and a. Immediately record the specifics of the Claim and the date 3. The Trust has issued this Coverage Document in reliance upon received: such representations. b. Notify the Trust as soon as possible,and O. DEFENSE COUNSEL PANEL SELECTION c. Notify the Trust in writing if the Named Participant or any Unless otherwise specifically indicated within this Coverage Document the Participant: Trust shall select the attorney representing the Participant in the event of a Claim under this Coverage Document. (1) Receives written or oral notice from any person or organization that it is their intent to hold a s o n Wb11iv COaaenle Document January 1.I I I' Pagel.a 6. SOTS 11.W.1w COrxrry,Document Jan , .ill' Pare JJ of 60 P. MEMBERSHIP IN THE SPECIAL DISTRICTS ASSOCIATION OF Claim,service of Suit or Action or institution of arbitration proceedings OREGON against a Participant. It is the express condition for any coverage for any Named Participant G. Coverage Period means the period of time indicated on the Declarations under this Coverage Document, regardless of whether this Coverage as issued to the Named Participant. Document has been cancelled by the Trust, that the Named Participant be and remain a member in good standing of the Special Districts Association of Oregon, with all of its dues fully paid throughout the H. Coverage Territory means anywhere in the world if the Claim is filed in Coverage Period. the United States of America,and the Damages awarded are paid in United States of America dollars_ VII. DEFINITIONS I. Damages means a monetary amount for which a Participant is liable A Administration of Employee Benefits Programs means: under this Coverage Document,but damages do not include: 1. Providing information to Employees by the Named Participant 1. Fines; with respect to the Employee Benefits Programs; 2 Statutory penalties; 2. Handling of records in connection with the Employee Benefits Programs by the Named Participant;and 3. Civil penalties under any statute; 3. Effecting enrollment, changes. termination or cancellation of 4. That portion of any monetary amount representing double,treble, Employee's Employee Benefits Programs,provided all such acts or other form of multiplied damages; are authorized by the Named Participant. 5. Civil penalties under Federal or State law; Administration of Employee Benefits Programs does not include handling payroll deductions. 6. Punitive damages;and/or B. Auto means a land motor vehicle,trailer or semitrailer designed for travel on 7. Money or costs which are normal business expenses of the Named public roads,including any attached machinery or equipment. An Auto Participant,such as.but not limited to,repair or maintenance of does not include Mobile Equipment. the Named Participant's property. C. Automobile Hazard means Bodily Injury or Property Damage arising out J. Declarations means the Liability Declarations page as issued to the of the ownership, use (including maintenance or repair), Loading or Named Participant for the current Coverage Period. Unloading of any Auto. K. Defense Costs means and is limited to attorney's fees,expert's fees,and D. Bodily Injury means Bodily Injury,sickness or disease sustained by a normal administrative litigation costs such as court reporter fees.transcript person,including death resulting from any of these at any time. fees,filing fees and reasonable,miscellaneous costs such as postage, communication and photocopies. E. Breach of Fiduciary Duty means the violation of any of the responsibilities, obligations or duties imposed upon fiduciaries by the L. Emergency Operations means actions: Employee Retirement Income Security Act of 1974,Public Law 93-406 commonly referred to as the Pension Reform Act of 1974 and 1. Which are urgent responses to protection of property,human life, amendments thereto,or similar provisions of any Federal,State or Local health or safety;and Statutory Law or Common Law. 2. Vvhich result from the performing or attempting to perform F. Claim, whenever used in this Coverage Document, shall mean any firefighting services, hazardous materials unit services, first aid, information that may give rise to Damages covered under this Coverage ambulance or rescue squad services,or related services including Document. Claim includes but is not limited to service of a notice of the stabilization or securing of an emergency scene. SDIS I..s illy Coveragr Dn.'ument January I,i01' Pare Jl of 60 SINS 4.1,1111,Cover,Document lament I.301" Pare Jab 60 I M. Employee means a current,former,prospective employee,or one who T. Injunctive Relief means equitable relief sought through the demand for claims to be.or is deemed by law to be,an employee of the Named the issuance of a permanent, preliminary or temporary injunction, Participant. restraining order,or similar prohibitive writ against,or order for specific performance by a Participant,provided such action is filed during the N. Employee Benefits Programs means the following, if established or Coverage Period. I maintained by or for the Named Participant: U. Insured Contract means: 1. Group life insurance, employee assistance programs, group accident or health insurance,investment plans or savings plans, 1. A lease of premises as it relates to Tort liabilities assumed by the • profit sharing plans,pension plans and stock subscription plans, Named Participant arising out of the lease, such assumption provided that no one other than an Employee of the Named occurring in writing poor to the date of Occurrence; • Participant may subscribe to such insurance or plans;and 2. A sidetrack agreement; 2. Unemployment insurance, social security benefits, Workers' Compensation and disability benefits. 3. Any easement or license agreement. O. Employment Practices means Claims for damages made by an 4. An obligation, as required by ordinance, to indemnify a Public Employee,or their heirs,beneficiaries or legal representatives,as a result Body; of the Wrongful Acts of the Named Participant occurring during the Coverage Period. 5. An elevator maintenance agreement; P. Federal Claims means Claims for Damages caused by an Occurrence 6. That part of any other contract or agreement pertaining to the and/or Wrongful Act pursuant to the following Federal statutes or acts: Named Participant's operations(including an indemnification of a Public Body in connection with work performed by or for a Public I 1. 42 U.S.C.§1983 Body) under which the Named Participant assumes the Tort 2. 42 U.S.C.§2000(e)et.seq.(Title VII of the Civil Rights Act of liability of another person or entity for Bodily Injury or Property 1964) Damage to a third person or organization, provided the Bodily 3. 29 U.S.C.§621 et.seq.(Age Discrimination in Employment Act Injury or Property Damage occurs subsequent to the execution of • of 1967) the contract or agreement;and 4. 42 U.S.C.§12101,et.seq.(The Americans With Disabilities Act) • 5. The Civil Rights Act of 1991 7. Contracts for services with Public Bodies. • 6. 42 U.S.C.§1981 7 42 U.S.C.§3601 et.seq.(The Fair Housing Act) Notwithstanding the foregoing,an Insured Contract does not include that • 8. 29 U.S.C.§2601 et.seq.(The Family and Medical Leave Act) part of any contract or agreement: • or any law amendatory thereof 9. Federal Admiralty and Maritime law or jurisdiction 1 That indemnifies an architect,engineer or surveyor acting as an • • independent contractor for injury or Damages arising out of Q. Fungal Pathogens means any fungus or mycota,or any byproduct or professional errors or omissions: I type of infestation produced by such fungus or mycota,including but not limited to,mold,mildew,mycotoxins,spores or any biogenic aerosols. 2. That indemnities any person or organization for Damages by fire, to premises rented or loaned to the Participant,for an amount R. Hostile Fire means one which becomes uncontrollable or breaks out from greater than 51 million.and where it was intended to be contained. 3 That involves the purchase or sale of real property or personal S. Incidental Medical Practice means rendering treatment by a Participant property. as an emergency medical technician or firefighter,or first aid given by a Participant. V. Limit of Liability means the Total Limit of Liability which is stated in the SDI,tralality Coverage Dorman.Jana,I,Sal Page JS of ai SDI,uabirir Coverage W umae Jan, .rev rare xdun Declarations. However, self-propelled vehicles with the following types of W. Loading or Unloading means the handling of property: permanently attached equipment are not Mobile Equipment but will be considered Autos: • 1. After it is moved from the place where it is accepted for movement into or onto an aircraft,watercraft,Auto or Mobile Equipment, a. Equipment designed primarily for ".. • 2. While it is in or on an aircraft, watercraft, Auto or Mobile (1) Snow removal; Equipment;or • (2) Road maintenance.but not construction or I 3. While it is being moved from an aircraft.watercraft,Auto or Mobile resurfacing;or Equipment to the place where it is finally delivered;but Loading or Unloading does not include the movement of property by means of (3) Street cleaning; a mechanical device,other than a hand truck,that is not attached to the aircraft,watercraft,Auto or Mobile Equipment. b Cherry pickers and similar devices mounted on automobiles or truck chassis and used to raise or lower workers;and X. Mobile Equipment means any of the following types of land vehicles, 'I including any attached machinery or equipment: c. Air compressors,pumps and generators,including spraying, welding,building cleaning,geophysical exploration,lighting or 1. Bulldozers,farm machinery,forklifts and other vehicles designed for well servicing equipment. • use principally off public roads; V. Named Participant means the Special District,Corporation or Association 2. Vehicles maintained for use solely on or next to premises a Named formed under the laws of the State of Oregon identified as the Named Participant owns or rents; Participant in the Named Participant's Declarations. • • 3. Vehicles that travel on crawler treads: Z. Nuclear Energy Liability Hazard means injury,sickness,disease,death or destruction (1) with respects to which a Participant under this 4 Vehicles whether self-propelled or not,with permanently mounted. Coverage Document is also an insured or participant under a nuclear energy liability insurance policy or coverage document issued by Nuclear a. Power cranes,shovels,loaders,diggers or drills;or Energy Liability Insurance Association, Mutual Atomic Energy Liability I Underwriters or Nuclear Insurance Association of Canada,or would be an I b. Road construction or resurfacing equipment such as graders, insured or participant under any such coverage document or policy but for scrapers or rollers; 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) 5. Vehicles not described in 1, 2. 3. or 4 above that are not seft- any person or organization is required to maintain financial protection propelled and are maintained primarily to provide mobility to pursuant to the Atomic Energy Act of 1954, or any law amendatory permanently attached equipment of the following types: thereof,or(ii)the participant is,or had such policy or coverage document not been issued,would be entitled to indemnity from the United States of a. Air compressors,pumps and generators,including spraying, America,or any agency thereof,under any agreement entered into by the welding, building cleaning, geophysical exploration. lighting United States of America,or any agency thereof, with any person or and well servicing equipment;or organization; (3) resulting from the hazardous properties of nuclear materials,if(i)the nuclear material is at any nuclear facility owned by,or b. Cherry pickers and similar devices used to raise or lower operated or on behalf of.any participant,or has dispersed therefrom;(ii) workers; the nuclear material is contained in spent fuel or waste at any time I possessed,handled,used.processed,stored,transported.or disposed of, ''I 6. Vehicles not described in 1,2,3,or 4 of this section,but maintained by or on behalf of a participant,or(iii)the injury,sickness,disease,death ■ primarily for purposes other than the transportation of persons or or destruction arising out of the furnishing by a participant of services, cargo, materials,parts or equipment in connection with planning,construction. • SDIS ID aia,Coverage Document Juuan I._nl' Pqe r or an SDI.S uaLlal,Coverage Doromenl Juuary I.:Or Pqe M d ue • I • • maintenance,operation or use of any nuclear facility,but if such facility is number or date of the subsequent exposures,including Bodily Injury, located within the United States of America,its territories or possessions Property Damage or Personal Injury taking place over more than one or Canada,this part(iii)applies only to injury or destruction of or loss of Coverage Period while insured by the Trust,or persons or property property of such nuclear facility. exposed,or resulting Claims,and such single Occurrence shall be considered under one aggregate,Limit of Liability under the Coverage As used in this definition"hazardous properties"include radioactive.toxic Period applicable to the date of the initial Bodily Injury,Property or explosive properties;"nuclear materiar means source material,special Damage or Personal Injury, nuclear material,or byproduct material;"source material","special nuclear material"and"byproduct material"have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof;"spent fuel" AB. Participant means: 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 1.The Named Participant;and each of the following while acting within waste material(1)containing byproduct material and(2)resulting from the the course and scope of their duties as such operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph(a)or(b)thereof; a. The directors,officers,Employees and agents(pursuant to "nuclear facility"means(a)any nuclear reaction,(b)any equipment or ORS 30.285) of the Named Participant, including device designated or used for(1)separating the isotopes of uranium or volunteers authorized to act on behalf of the Named plutonium,(2)processing or utilizing spent fuel or(3)handling,processing Participant, while acting within the scope of their or packaging waste,(c)any equipment or device used for the processing, employment or duties, whether arising out of a fabricating or alloying of special nuclear material if at any time the total governmental or proprietary function:and amount of such material in the custody of the participant at the premises where such equipment or device is located consists of or contains more b. Any board,commission,governmental agency,subdivision, than 25 grams of plutonium or uranium 233 or any combination thereof,or department, municipal body, not-for profit corporation, more than 250 grams of uranium 235,(d)any structure,basin,excavation, association or other unit operated by the Named premises or place prepared or used for the storage or disposal of waste, Participant, or under the Named Participant's jurisdiction, and includes the site on which any of the foregoing is located,all operation will qualify as a Participant if there is no other similar conducted on such site and all premises for such operation; "nuclear insurance in place for that organization. reactor"means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of c. Any person, entity or any organization the Named fissionable material. With respect to"injury"or to"destruction"of property, Participant is required by an Insured Contract to include then"Injury"or"Destruction"includes all form of radioactive contamination as a Participant. This coverage will be limited to the extent of property. of coverage and Limits of Liability required by the Insured Contract and will not increase the limits stated in SECTION AA. Occurrence means: V. —LIMITS OF LIABILITY or alter any of the terms of coverage stated in this Coverage Document. The Insured 1. with respect to Bodily Injury and Property Damage,an accident, Contract must be effective and executed prior to a covered including continuous or repeated exposure to substantially the Occurrence or Wrongful Act. In no event shall coverage same general harmful conditions; under this Coverage Document extend to any party for any Claim, Suit or Action, however or whenever asserted, 2. with respect to Personal Injury,an Offense or series of related arising out of such party's sole negligence. Offenses, (1) The term'Additional Insured"if used in an Insured All Bodily Injury,Property Damage or Personal Injury resulting from Contract shall be understood to mean the same as continuous or repeated exposure to substantially the same general Additional Participant. harmful conditions shall be deemed to have taken place on the date of the initial Bodily Injury,Property Damage or Personal Injury while insured 2.With respect to: by the Trust and all such Bodily Injury,Property Damage or Personal Injury shall be deemed to be a single Occurrence regardless of the Mobile Equipment or any Auto,any person is a Participant while MIS liability Cova,Document January 1.201' Page J9 or 60 SOB liability Coverage Document Dummy 1.201' Page 42 or 60 driving such Auto or Mobile Equipment with a Named Participant's right of privacy. permission. Any person,entity,or organization responsible for the conduct of such person is also a Participant,but only with respect to AD. Pollutant means any solid, liquid, gaseous or thermal irritant, or Bodily Injury or Property Damage arising out of the operation of the contaminant, including smoke, vapor soot, fumes, acids. alkalis, Auto or Mobile Equipment chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Pollutants do not include sewage;provided However, the owner or anyone else from whom a Named however,that this Exclusion K.does apply to any Damages to the extent Participant hires or borrows an Auto is a Participant only if that the Damages are increased by,or would not have occurred,but for the Auto is a trailer connected to an Auto a Named Participant owns. presence in such sewage of material that is radioactive,toxic,caustic or corrosive. However,no person,entity,or organization is a Participant under this paragraph 2.with respect to: AE. Potable Water means water intended and provided for human consumption. a. Property Damage to property owned by a Named Participant or the employer of any person who is a AF. Property Damage means: Participant under this provision; 1. Physical injury to tangible property,including all resulting loss of • b. Any Auto a Named Participant hires or borrows from one of use of that property. All such loss of use shall be deemed to occur a Named Participant's Employees,volunteers or members at the time of the physical injury that caused it;or of their households,if they are the owner of such Auto,unless acting within the scope of their duties on a Named 2. Loss of use of tangible property that is not physically injured. All Participant's behalf; such loss of use shall be deemed to occur at the time of the Occurrence that caused it c Any Auto being used by a person employed in the business of selling,servicing,repairing,or parking Autos unless they are a AG. Public Body means the State or any political subdivision,municipality,or Named Participant's Employees;or agency as defined in Oregon Revised Statutes 30.260(4). d. The movement of property to or from an Auto except a AH. Sexual Molestation means the actual, attempted or alleged unlawful Named Participant, a Named Participant's Employees, sexual contact of a person, by another person, or persons acting in lessees or borrowers of such Auto,and any employee of the concert. lessees or borrowers. Al. Suit or Action means a civil proceeding in which Damages to which this AC. Personal Injury means injury,other than Bodily Injury arising out of one Coverage Document applies are alleged. Suit or Action also includes an or more of the following offenses: arbitration proceeding in which such Damages are claimed and to which the Participant must submit or does submit with our consent,or any other 1. False arrest,detention or imprisonment; alternative dispute resolution proceeding in which such Damages are claimed and to which the Participant submits with the Trust's consent. 2. Malicious prosecution; AJ. Terrorist Activity means any deliberate,unlawful act that: 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. Is declared by any authorized governmental official to be or to person occupies by or on behalf of its owner,landlord or lessor, involve terrorism,terrorist activity or acts of terrorism;or 4. Oral or Written Publication of material that slanders or libels a 2. Includes,involves,or is associated with the use or threatened use person or organization or disparages a person's or organization's of force,violence or harm against any person,tangible or intangible goods,products or services;or property,the environment,or any natural resources,where the act or threatened act is intended,in whole or in part,to 5. Oral or Written Publication of material that violates a person's SOLO noWIIIy Cowes'Document January 1.206' Page J1260 SON IJVNilty Coverage Document January L.201, Page JE or60 a. Promote or further any political,ideological,philosophical. 4. Any of the activities listed in paragraph 3. above shall be •• racial,ethnic,social or religious cause or objective of the considered Terrorist Activity except where the Participant can perpetrator or any organization, association or group conclusively demonstrate to the Trust that the foregoing activities affiliated with the perpetrator; or threats thereof were motivated solely by personal objectives of the perpetrator that are unrelated, in whole or in part, to any b. Influence,disrupt or interfere with any governmental related intention to: operations,activities or policies; a. Promote or further any political, ideological, philosophical, c. Intimidate, coerce or frighten the general public or any racial,ethnic,social or religious cause or objective of the segment of the general public;or perpetrator or any organization, association or group • affiliated with the perpetrator; • • d. Disrupt or interfere with a national economy or any segment of a national economy;or b. Influence,disrupt or interfere with any governmental related operations,activities or polices; • • • 3. Includes,involves,or is associated with,in whole or in part,any of • • the following activities,or the threat thereof: c. Intimidate, coerce or frighten the general public or any • segment of the general public;or • • a. Hijacking or sabotage of any form of transportation or • conveyance,including but not limited to spacecraft,satellite, • it Disrupt or interfere with a national economy or any segment • aircraft,train,vessel,or motor vehicle; of a national economy. • b. Hostage taking or kidnapping: • c. The use of any biological,chemical,radioactive,or nuclear AK. Tort is defined by ORS 30.260(8)and means the breach of a legal duty agent,material,device or weapon; that is imposed by law, other than a duty arising from contract or quasi-contract,the breach of which results in injury to a specific person or d. The use of any bomb, incendiary device, explosive or persons for which the law provides a civil right of action for Damages or • firearm; for a protective remedy. • e. The interference with or disruption of basic public or AL. Trust means Special Districts Insurance Services Trust commercial services and systems,including but not limited to the following services or systems:electricity,natural gas, AM. Unmanned Aircraft System means an unmanned aircraft and all the power, postal, communications, telecommunications, associated support equipment, control station, data links, telemetry, • • information,public transportation,water,fuel.sewer or waste communications and navigation equipment necessary for the pilot-in- • disposal command together with his or her crewmembers and visual observers to operate the unmanned aircraft f. The injuring or assassination of any elected or appointed governmental official or any governmental employee. AN Written Publication means written communications and includes but is not• • limited to materials placed or distributed via the Internet, electronic ' g. The seizure, blockage, interference with, disruption of. or chatrooms. bulletin boards. web-sites, email or other similar electronic • damage to any governmental buildings, institutions, means of communication. • functions, events,tangible or intangible property or other • • assets;or AO. Wrongful Ads means an actual or alleged error, misstatement or !, • misleading statement:an act of omission or neglect,negligence or breach '.. •• • h. The seizure, blockage, interference with, disruption of. or of duty, including misfeasance and nonfeasance by a Participant damage to tunnels,roads,streets,highways,or other places rendered in the discharge of their duties. Wrongful act shall also include of public transportation or conveyance. such acts in the Administration of Employee Benefits Programs and • wrongful acts arising out of Employment Practices. • • 5000 u,eux.Cows,Donna.m,.,,.1.201' Parr au of>' 5nis uwaa,eo,.rte vas-,,am.111.,1.aor Ns a.,r al • PERSONAL INJURY PROTECTION c. Income continuation expenses shall include only expenses for loss • , SUPPLEMENTAL COVERAGE of income incurred from the date such disability commenced to the !1 date on which such person is able to return to his usual occupation • and is subject to a maximum payment period in the aggregate of 52 , Defined terms appear in boldface type. weeks. • For a covered auto licensed or principally garaged in Oregon,this Supplemental 3 Loss of services expenses are expenses reasonably incurred during a • • • Coverage Document modifies coverage provided under the Coverage Document. perod of disability caused by bodily injury sustained by a Covered• ' Individual in the accident for essential services in lieu of those such SCHEDULE person would have performed without income;provided that: Benefits-No deductible except as Limit Per Person a. Such person was not usually engaged in a paying occupation at the • • indicated below time of the accident; , Medical and hospital expenses - $15,000 • '. aggregate per person incurred within b The period of such disability continues at least 14 consecutive one year from date of accident. days:and • • Income continuation expenses-70% $1,250 per month for 52 weeks, • • of income loss not to exceed: subject to a 14 day waiting period _ c. Loss of services expenses shall include only expense for such Loss of services expenses - $30 per day for 52 weeks,subject to services actually rendered from the date such disability Maximum of: a 14 day wading period commenced to the date on which such person is reasonably able to Funeral expenses $5,000 limit for expenses incurred perform such services and is subject to a maximum payment period within one year from date of accident in the aggregate of 52 weeks. Child care expenses-applicable to $25 per day subject to $750 an injured person requiring maximum. However,loss of services expenses shall not include child care expenses hospital¢ation for more than 24 hours who is a parent of a minor child. 4. Funeral expenses are reasonable and necessary expenses for professional funeral services incurred within one year after the date of the A. COVERAGE accident. • • • The Trust will pay Personal Injury Protection benefits to a Covered Individual 5. Child care expenses are expenses reasonably incurred for the care of a • who sustains bodily injury in an accident arising out of the ownership, minor child of a Covered Individual who has sustained bodily injury in maintenance or use of a covered auto.Subject to the Limit Per Person shown in the accident,provided: the SCHEDULE, these Personal Injury Protection Benefits consist of the i. following: a The Covered Individual is the parent of the minor child and is I required to be hospitalized for a minimum of 24 hours; 1. Medical and hospital expenses that are all reasonable and necessary ' expenses incurred within one year from the date of the accident,for b. Payments begin after the initial 24 hours of hospitalization and are medical,hospital,dental,surgical,ambulance and prosthetic services. made for as long as the Covered Individual is unable to return to • • • work if he or she is usually engaged in a paying occupation. If such 2. Income continuation expenses not greater than 70% of the Covered person was not usually engaged in a paying occupation at the time Individual's loss of income from work during a period of disability caused of the accident,then payment will continue for as long as he or she by bodily injury sustained by such person in the accident provided that is unable to perform essential services that he or she would have performed without income;and • a. Such a person was usually engaged in a paying occupation at the time of the accident; c. Child care expenses are subject to a maximum payment period in the aggregate of 30 days. b. The period of such disability continues for at least 14 consecutive • days;and 51315 u,ulin fowl,Dorms.Dm.1.201' Page Os!. .15184ai12 Comsgs Dame..-Jam,1.2017 055,16 0 0 • B. EXCLUSIONS 4. Any amount payable under this coverage,to any Covered Individual,will reduce any amount payable for damages under the The Trust will not pay Personal Injury Protection benefits for bodily injury. Uninsured/Underinsured Motorists Bodily Injury Coverage provided by the Coverage Document. 1. Sustained by any person: D. CHANGES IN CONDITIONS a. Who intentionally causes injury to himself or herself,or CONDITIONS in the Coverage Document are changed for PERSONAL INJURY b. While participating in any prearranged or organized racing or speed PROTECTION as follows: content or in practice or preparation for any such contest. 1. The following is added to DUTIES IN THE EVENT OF OCCURRENCE, 2. That results in the application of income continuation expenses and loss of OFFENSE,WRONGFUL ACT,CLAIM,SUIT OR ACTION: '.. services expenses, sustained by any pedestrian, other than the Participant,in an accident which occurs outside the State of Oregon. a. If a Covered Individual or his or her legal representative institutes legal action for damages for bodily injury, he or she must 3. Due to war,whether or not declared,civil war,insurrection,rebellion or promptly give the Trust a copy of the summons and complaint or revolution,or to any act or condition incident to any of the foregoing. other process served in connection with the legal action. 4. Resulting from the radioactive, toxic, explosive or other hazardous b. The Covered Individual,or someone on his or her behalf, must properties of nuclear material. give the Trust written proof of claim, under oath if required, including: 5. Sustained by the Covered Individual while occupying a covered auto owned or furnished for the Participant's regular use and not insured for (1) Full particulars of the nature and extent of the bodily injury, Oregon Personal Injury Protection Benefits, including a motorcycle or treatment and rehabilitation received and contemplated;and moped as defined in Oregon Statutes. (2) Such other information that will help the Trust determine the C. LIMIT OF COVERAGE amount due and payable. 1. Regardless of the number of Covered Individuals, policies or bonds c. The Covered Individual,or his or her legal representative,shall applicable,claims made.Contributions paid or covered autos to which give the Trust authorization, each time requested, to obtain this coverage applies,the most the Trust will pay for Personal Injury medical reports,copies of records and information with respect to Protection benefits for bodily injury sustained by any one Covered loss of income. Individual in any one auto accident, is the Limit Per Person amount shown in the SCHEDULE. d. The Trust may require that the Covered Individual,as a condition for receiving income continuation expenses,cooperate in furnishing 2. Any amount paid under this coverage will be reduced by any amount paid the Trust reasonable medical proof of his or her inability to work. or payable by any workers'compensation or any other similar medical or disability benefits law(excluding Medicare). The following CONDITIONS are added to the Coverage Document: 3. Any amount paid under this coverage, to a Covered Individual, will 2. Reimbursement and Trust reduce any amount the Covered Individual may be entitled to recover for the some damages under any applicable liability coverage,other than In the event of payment to any person or any benefits under this Uninsured/Underinsured Motorists Bodily Injury Coverage provided by the Endorsement: Coverage Document. a. The Trust shall be entitled to reimbursement or subrogation in accordance with the provisions of ORS 743.825,ORS 743.830 or • • Section 8 of Chapter 784 Laws 1975. sncsu.wnn CovRyeno,me,r Jam,,.lir- rare s^of60 sursu.wuyca..,ee Document Jeauy 1.2010 N64106 HI equally. Arbitration costs to the Covered Individual shall not b. The Trust is entitled to the proceeds of any settlement or judgment exceed$100.However,attorney's fees and fees paid to medical or that may result from the exercise of any rights of recovery of the other expert witnesses are not arbitration expenses,and are to be Covered Individual against any person or organization legally paid by the party incurring them. responsible for the accident,to the extent benefits were paid,less the Trust's share of expenses,costs and attorney's fees incurred b. Unless both parties agree otherwise,arbitration will take place in by the Covered Individual in connection with such recovery- the county in which the Covered Individual lives. Local rules of law as to arbitration procedure and evidence will apply. A decision c. The Covered Individual shall hold in trust.for the benefit of the agreed to by two of the arbitrators will be binding. Trust, all his or her rights of recovery to the extent of benefits furnished. 4. Coordination and Non-duplication d. The Covered Individual shall do whatever is proper to secure and Any automobile medical payments coverage afforded under this Coverage shall do nothing after loss to prejudice such rights. Document is excess over any medical expense benefits paid or payable under this Endorsement or any other insurance policy covering bodily e. If the Trust requests in writing,the Covered Individual shall take, injury to the Covered Individual. through any representative not in conflict of interest with him or her, designated by the Trust,such action as may be necessary or 5. Upon request of and at the expense of the Trust.the Covered Individual appropriate to recover such benefits furnished as damages from shall submit to Evaluation Services by physicians or other medical the person or organization legally responsible,such action to be professionals selected by the Trust and shall,upon each request from the taken in the name of the Covered Individual,but only to the extent Trust.execute authorization to enable the Trust to obtain medical reports and of benefits furnished by the Trust. In the event of recovery,the copies of records. Trust shall also be reimbursed out of such recovery, for the Covered Individual's share of expenses,costs and attorney's fees E. ADDITIONAL DEFINITIONS incurred by the Trust in connection with the recovery. The following DEFINITIONS are specific to this Supplemental Coverage f. The Covered Individual shall execute and deliver to the Trust Document and will be in addition to and may modify or even supersede such instructions and papers as may be appropriate to secure the definitions in the Document. '.. rights and obligations of the Covered Individual and the Trust as established by this provision. 1 Accident includes continuous or repeated exposure to the same conditions resulting in bodily injury. 3. Arbitration 2. Auto means a self-propelled land motor vehicle or trailer,other than: a. If the Trust and a Covered Individual disagree whether the Covered Individual is legally entitled to recover Personal Injury a. A farm type tractor or other self-propelled equipment designed for Protection benefits,or do not agree as to the amount payable under use principally off public roads.while not upon public roads; this coverage,then the matter shall be arbitrated. However,if the requirements for bringing an action in the small claims department b A vehicle operated on rails or crawler-treads:or of a justice or district court are met,in accordance with the Oregon Revised Statutes,the Covered Individual may elect to file such an c A vehicle located for use as a residence or premises action rather than submit the claim to arbitration. 3. Covered auto means a private passenger auto to which the bodily In the event of arbitration,each party will select an arbitrator. The injury liability coverage of the Coverage Document applies and for which two arbitrators will select a third. If they cannot agree on the choice a specific automobile liability premium is charged. of the third arbitrator within 30 days, either may request that selection be made by a judge of a court of record in the county and 4. Covered Individual means: state in which such arbitration is pending. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator a. Named Participant and/or any other Participant SINS 11.111q c.varare no.,,mear Mary 1.2010 Pye 49 a so sons 1.1.Llllly 6,06600 Document 2.006,,1.201 rye m or 60 Uninsured/Underinsured Motorist Bodily Injury b. Any other person who sustains a bodily injury while occupying or Supplemental Coverage using a covered auto with the permission of the Named • Participant. or while a pedestrian through being struck by a This Uninsured/Underinsured Motorist Bodily Injury Supplemental Coverage is added to covered auto. the SDIS Liability Coverage Document for Named Participants that purchase Automobile Liability Coverage. This Supplemental Coverage is subject to all of the 5 Evaluation Services means physical examinations and/or reviews of limits of liability.terms and conditions and exclusions(not in conflict herewith)of the medical records of Covered Individuals conducted at the request of the SDIS Liability Coverage Document. Trust by a third-party physician,medical professional,record or bill review service to determine whether the provision or continuation of medical COVERAGE: services is necessary or reasonable. This Supplemental Coverage provides coverage for damages arising out of an 6 Occupying means in or upon or entering into or alighting from automobile hazard for auto Uninsured/Underinsured Motorist Bodily Injury Coverage as provided herein. 7. Pedestrian means any person while not occupying a self-propelled vehicle other than a wheelchair or a similar low-powered motorized or 1 Auto'Uninsured/Underinsured Motorist Bodily Injury Coverage"means that mechanically propelled vehicle that is designed specifically for use by a coverage as required by ORS 278.215(2),ORS 742.500 to ORS 742.504.and physically disabled person who has a medical necessity for a wheelchair as modified by ORS 278.215(3). or other low-powered vehicle. 2 We will pay damages which a Participant is legally entitled to recover from the it Private passenger auto means a four-wheel passenger type auto not owner or operator of an uninsured motor vehicle or underinsured motor used as a public or livery conveyance and includes any other four-wheel vehicle because of bodily injury: auto of the utility,pickup body,sedan,delivery or panel truck type not used for wholesale or retail delivery other than farming. It also means a a. Sustained by a Participant. self-propelled mobile home or farm truck. b. While a permissive user of a covered auto;or c. While the Participant was operating any other auto with the permission of and within the course and scope of the Participant's employment with the governmental entity that is a covered under this supplemental coverage, • • and d. Caused by an automobile hazard The owners or operators liability for these damages must arise out of the ownership, maintenance or use of the uninsured motor vehicle or underinsured motor vehicle. 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 between the Participant and the Trust or in the event of disagreement,may be made by arbitration. Written demand for arbitration must be made within two(2) '.. years from the date of the accident. • 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 from the date of the accident; SDI/Ua o.•i.ga D.wuinoi l.oua�a i_ii1 Prgr 5l u•nv .151..1y Coverage llorouml Juun 1,201' 1'aRC S]dtio a. Agreement as to the coverage status of the uninsured motor vehicle or the amount due under the underinsured motor vehicle's policy has not 6i. the Participant protects the Trust's right of subrogation to the been concluded, claim against the tortfeasor. b. The Participant or the Trust has formally instituted arbitration 7 In the event of payment to any Participant under this coverage document- proceedings. a. The Trust shall be entitled to the extent of the payment to the proceeds of • • c. The Participant has filed an action against the Trust:or any settlement or judgment that may result for the exercise of any rights of recovery of the Participant against any uninsured motorist legally d. Suit for bodily injury has been filed against the underinsured motorist responsible for the bodily injury because of which payment is made. and within two(2)years from the date of settlement or final judgment against the underinsured motorist the Participant has formally instituted b. The Participant shall hold in trust for the benefit of the Trust all rights of arbitration proceedings or filed an action against the Trust recovery that the Participant shall have against such other uninsured 5. Any judgment for damages arising out of any suit brought against any person or person or organization because of the damages that are the subject of any • organization alleged to be legally responsible for the Participant's bodily injury claim made under this coverage document but only to the extent that any is not binding on the Trust. claim was made or paid herein and only to the extent of the actual payment made by the Trust. 6. This coverage does not apply with respect to underinsured motorists benefits unless. c. The Participant shall do whatever is proper to secure and shall do nothing after loss to prejudice such rights of the Trust. 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 8. "Underinsured motor vehicle":means an auto to which a bodily injury liability by payment of judgments or settlements to the injured person or other policy applies at the time of the accident and its limit for bodily injury liability is injured persons, either: b The described limits of the underinsured motor vehicle's policy have a less than the limit of liability for this coverage;or been offered in settlement, the Trust has refused consent and the Participant protects the Trust's right of subrogation to the claim against b. Exhausted by payments to others injured in the accident to an amount tortfeasor, which is less than the limit of liability for this coverage. c. The Participant gives credit to the Trust for the unrealized portion of the However, "underinsured motor vehicle" does not include any vehicle or described liability limits as if the full limits had been received. equipment. i. if less than the described limits have been offered in settlement, a. Which is an uninsured motor vehicle. and b Owned by you or furnished or available for the regular use of you or any ii. the Trust has consented;or family member,except a stolen vehicle d. The Participant gives credit to the Trust for the unrealized portion of the c Owned by any governmental unit or agency described liability limits as if the full limits had been received. d Operated on rails or crawler heads. • '.. i. if less than the described limits have been offered in settlement, and e Designed mainly for use off public roads while not upon public roads. ',� the Trust has refused consent,and f. While located for use as a residence or premises. • ant Li.liN Cover age Du'uuenl Jsum.1..1' Pye L of 6v Cowl aye Document Juno.I.NV fait..of 60 • • 9. "Uninsured motor vehicle"means an auto: n. While located for use as a residence or premises and not as a vehicle. a. To which there is no collectible bodily injury liability insurance applicable EXCLUSIONS '.. at the time of the accident. 1 The Trust does not provided Uninsured/Underinsured Motorists Bodily Injury b. To which a bodily injury liability policy applies at the time of the accident if Coverage for bodily injury sustained by any Participant: its limit for bodily injury liability is less than the minimum limits for bodily injury liability or death under ORS 806.070. a. If that Participant or the legal representative settles the bodily injury claim or prosecutes to judgment any action or suit against any person or c. To which the Participant and the Trust.after reasonable efforts,fail to organization who may be legally liable therefore without the Trust's discover within 90 days from the date of the accident,the existence of a written consent. However,this exclusion(1.A.)does not apply to claims valid and collectible automobile liability policy applicable at the time of the against the owner or operator of an underinsured motor vehicle. accident. • • b. Write using a vehicle without the express or implied permission of the d. To which a bodily injury liability policy applies at the time of the accident, owner or other person having lawful possession of the vehicle or for using but the insuring company: the vehicle beyond the scope of the permission granted. 1. denies coverage;or 2. Uninsured/Underinsured Motorists Bodily Injury Coverage shall not apply 2. within two years of the date of the accident: directly or indirectly to benefit any insurer or self-insurer under any of the following or similar law: (a)becomes voluntarily or involuntarily bankrupt;or a_ Workers'compensation law;or (b)is placed in receivership;or b. Disability benefits law. (c)becomes insolvent. 3. The Trust does not provide Uninsured/Underinsured Motorists Bodily Injury '.. e. That is a stolen vehicle. Coverage for Punitive or exemplary damages. f. That is a phantom vehicle. 4. Uninsured/Underinsured Motorists Bodily Injury Coverage shall apply only to accidents that occur on and after the effective date of the coverage document, g. That is a hit-and-run vehicle. during the coverage period and within the United States of America,its territories or possessions,or Canada. However, "uninsured motor vehicle" does not include any vehicle or equipment: LIMIT OF LIABILITY h. That is insured unless the vehicle is a stolen vehicle. 1 The limit of liability shown in the Declarations for Uninsured/Underinsured Motorists Coverage is our maximum limit of liability for all damages including i. Owned by you or furnished or available for the regular use of you or any damages for care and loss of services(including loss of consortium and wrongful family member. death),arising out of bodily injury sustained by any person(s)in any one auto accident. j. Owned or operated by a self-insurer under any applicable motor vehicle law,except a self-insurer which is or becomes insolvent. 2. The limit of liability shall be reduced by all sums paid because of the bodily injury by or on behalf of persons or organizations that may be legally k. Owned by any governmental unit or agency. responsible. This includes all sums paid to a Uninsured/Underinsured Motorists Bodily Injury Coverage claimant for bodily injury under any liability I. Operated on rails or crawler treads. coverage provided by this supplemental coverage. m. Designed mainly for use off public roads while not upon public roads. • • mtsiawlivcoeerge Document January 1.201' Page 55 of 60 so[S Il.b1111y Coverage Document January 1.201- Page 56 of 60 3. Payment by the Trust of personal injury protection benefits for a Participant a. Whether the Participant is legally entitled to recover damages,or shall be applied in reduction of the amount of damages that the Participant may be entitled to recover from the Trust under Uninsured/Underinsured Motorist b. As to the amount of damages which are recoverable by that Participant: Bodily Injury Coverage for the some accident but may not be applied in reduction of the Uninsured/Underinsured Motorist Bodily Injury Coverage From the owner or operator of an uninsured motor vehicle or underinsured policy limits. motor vehicle then the matter may be arbitrated. However,disputes concerning coverage under Additional Coverage E may not be arbitrated. 4. No one will be entitled to receive duplicate payments for the same elements of loss under this coverage and' Both parties must agree to arbitration. If so agreed,each party will select an arbitrator. The two arbitrators shall select a third. If the arbitrators selected by a. The liability coverage provided by the SDIS Liability Coverage Document; the parties cannot agree on the third arbitrator then either may request that or selection be made by a judge of a court of record having jurisdiction. b. Personal injury protection coverage,if any,provided by the SDIS Liability 2. Each party will Coverage Document. a. Pay the expenses it incurs;and 5 The Trust will not make a duplicate payment under this coverage for any element of loss for which payment has been made by or on behalf of persons or b. Bear the expenses of appointing the arbitrator equally. organizations who may be legally responsible. 3. Unless both parties agree otherwise,arbitration will take place in either of the 6. The Trust will not pay for any element of loss if a person is entitled to receive following,at the election of the Participant: payment for the same element of loss under any of the following or similar law: a. The county and state where the Participant resides:or a. Workers'Compensation law;or b. The county and state where the Participant's cause of action against the b. Disability benefits or occupational disease laws. operator or owner of the uninsured motor vehicle or underinsured vehicle arose. 7. The limit of liability for Uninsured/UnderInsured Motorist Bodily Injury 4. The Trust will reimburse to a Participant any costs of arbitration over$100.00. Coverage shown in the Declarations for the auto involved in the accident shall Costs will not include attorney fees or expenses incurred in the production of be reduced by the sum of the limits of liability under all bodily injury liability policies(other than this policy)applicable at the time of the accident. evidence or witnesses,the cost of taking depositions or the making of transcripts. 8. If the Participant has entered into a settlement for less than the limit applicable 5. Local rules of law as to procedure and evidence will apply. A decision agreed to to all liability bonds or policies for bodily injury the damages shall be further by the arbitrator will be binding, reduced by the difference between that limit and the amount paid by the persons ADDITIONAL DUTIES AFTER AN ACCIDENT OR LOSS • or organizations who may be legally responsible and by the amount paid by the insurers of the persons or organizations who may be legally responsible. 1 If the accident was caused by a hit-and-run vehicle the Participant or the legal OTHER COVERAGE representative of the Participant must: Pursuant to ORS 278.215(3)this coverage shall be excess over any other collateral a. Report the accident within 72 hours to a police,peace or judicial officer.to • benefits to which an injured person is entitled, including, but not limited to, other the Department of Transportation or to the equivalent department in the uninsured motorist coverage,insurance benefits,governmental benefits or gratuitous state where the accident occurred; benefits. b. At the Trust's request, make available for inspection the vehicle the ARBITRATION Participant was occupying at the time of the accident;and • i. If the Trust and the Participant do not agree: c. 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 sI[S IlaWlity Cower Document January I.201" Page s"0160 sD[S 1161111e Coverage Document January 1.201" Pare sS cur 60 • • a cause or causes of action arising out of the accident for damages 8. A person seeking Underinsured Motorists Bodily Injury Coverage must against a person or persons whose identities are unascertainable.and promptly notify the Trust in writing of tentative settlement between the setting forth the facts in support thereof. Participant and the insurer of the underinsured motor vehicle and allow the • Trust 30 days to advance payment to that Participant in an amount equal to the '.. 2. If the accident was caused by a phantom vehicle the Participant or the legal tentative settlement to preserve the Trust's rights against the insurer,owner or representative of the Participant must: operator of such uninsured motor vehicle. An advance payment shall not be deemed a payment of a settlement for • a. Report the accident within 72 hours to a police,peace or judicial officer,to purposes of any time limitations under this coverage. • • the Department of Transportation or to the equivalent department in the • state where the accident occurred, 9. No action or suit shall lie against the Trust unless,as a condition precedent • thereto,the Participant or the legal representative of the Participant has fully b. File with the Trust,within 30 days after the accident,a statement under complied with all the terms of this coverage document. • oath that the Participant or the legal representative of the Participant has a cause or causes of action arising out of the accident for damages DEFINITIONS against a person or persons whose identities are unascertainable,and setting forth the facts in support thereof;and The following DEFINITIONS are specific to this Supplemental Coverage and will be in addition to and may modify or even supersede definitions in the SDIS Liability Coverage • c. Corroborate the facts of the accident by competent evidence other than Document. the testimony of any person having an uninsured motorists claim resulting from an accident. 1. "Auto"means a land motor vehicle designed for travel on public roads,including any attached machinery or equipment. However,an auto does not include trailers • 3. If the uninsured motor vehicle is a stolen vehicle,the Participant or someone or mobile equipment. • • on behalf of the Participant must ' This definition of"auto"supersedes the definition of auto contained in the SDIS • a. Report the accident within 72 hours to a police,peace or judicial officer.to Liability Coverage Document. '.. the Department of Transportation or to the equivalent department in the state where the accident occurred; 2. "Covered auto"means b. Cooperate with the appropriate law enforcement agency in the a. Any auto to which the bodily injury liability coverage of the SDIS Liability prosecution of the theft of the vesicle. Coverage Document applies and for which a specific automobile liability premium is charged. 4. As soon practicable.the Participant shall give the Trust written proof of claim, under oath if required,including the full particulars of the nature and extent of the b. Any auto owned by the Named Participant. injuries,treatment and other details entering into the determination of the amount payable under the coverage agreement. 3 "Declarations"means the Liability Declarations page as issued to the Named '.. • Participant for the current coverage period. 5. The Participant shall submit to examinations under oath by any person named by the Trust and subscribe the same,as often as may reasonably be required. 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 6. Upon reasonable request of and at the expense of the Trust,the Participant includes a ward or foster chilled who is a resident of your household. shall submit to physical examinations by physicians selected by the Trust and shall,upon each request from the Trust,execute authorization to enable the 5 "Hit-and-run vehicle" means a vehicle whose operator or owner cannot be • Trust to obtain medical reports and copies of records. 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 7. A person seeking Uninsured/Underinsured Motorist Bodily Injury Coverage, Participant was occupying at the time of the accident. or someone on that person's behalf,most also promptly provide the Trust copies • • of the legal papers if a suit is brought. 6. "Occupying"means in upon-.or getting in,on,out or off. • ',.. S015LiNWlly Com,:...lent J..,I.2011 PYry 5,of 501511+Wlily Cover,K<LLruuunl Jnavp 1.2,11 P..401060 • 7. "Participant"means,in addition to the definition of Participant contained in the SDIS Liability Coverage Document,any other person while occupying a covered auto provided the actual use thereof is with the permission of the Named • • Participant. 8. "Phantom vehicle"means a vehicle that causes bodily injury to a Participant • arising out of a motor vehicle accident that is caused by a vehicle that has no • 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 phantom vehicle cannot be ascertained. 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 a statutory penalty,and damages which are awarded for any purposed other than as compensatory damages for bodily Injury or property damage. • 10. "Stolen vehicle"means an insured vehicle that causes bodily injury to the 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 collectible motor vehicle bodily injury liability insurance. • • • • • .15 IAdAily Com,.Document AIM,1.1011 Farr 61 W w