Oklahoma Fire Protection Organization Insurance Programs. Auto Liability Program & General Liability Program

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1 Oklahoma Fire Protection Organization Insurance Programs Available to Authorized Fire Departments Only Auto Liability Program & General Liability Program General Information & Claims Procedures Coverage Period: September 1, 2012 to August 31, 2013 This Program packet supersedes all Program information dated prior to 9/1/2012 Information contained in this document is a summary of coverage provided by Risk Management. These programs are governed by the Governmental Tort Claims Act (GTCA) 51 O. S. 151, et seq.; 74 O.S A, et seq.; and the Risk Management Administrative Rules OAC 580:25. This document is a synopsis of coverage only; it is not intended to replace the legal authority cited in this paragraph. State of Oklahoma Office of Management and Enterprise Services Risk Management Department This publication is issued by the Risk Management Department of the Division of Capital Assets Management, Office of Management and Enterprise Services as authorized by John Morrison, Administrator. Copies have been printed at a cost of $ Two copies have been submitted to the Publications Clearinghouse of the Oklahoma Department of Libraries.

2 CONTACT INFORMATION General Contact Information Detailed Contact Information Coverage Issues Risk Management Department Office Hours: Monday thru Friday - 8:00 a.m. to 5:00 p.m. 24 hour answering service available for emergencies P. O. Box Oklahoma City, OK (405) (888) 521-RISK (7475) Risk_Fire@omes.ok.gov Theresa Howell, Finance Manager address: Theresa.Howell@omes.ok.gov Phone: (405) FAX: (405) Risk Control Claims Jack Roberts, Risk Control Manager address: Jack.Roberts@omes.ok.gov Phone: (405) FAX: (405) Toni Blue, Assistant Risk Control Manager address: Toni.Blue@omes.ok.gov Phone: (405) FAX: (405) Cathye Vester, Senior Claims Specialist address: Catherine.Vester@omes.ok.gov Phone: (405) Claims FAX: (405) Nancy Westbrook, Claims Manager address: Nancy.Westbrook@omes.ok.gov Phone: (405) Claims FAX: (405) Oklahoma Fire Protection Organization Liability Programs (09/2012) PAGE 2 OF 11

3 PROGRAM SUMMARIES Summary of Risk Management s Self-Insurance Liability Program These programs provide coverage in the case of a Third Party claim resulting from operations or conditions caused by the negligent acts of a Participant while working in the scope of their duties. These programs are governed by the Governmental Tort Claims Act, 51 O. S. 151, et seq.; 74 O. S A, et seq.; and the Risk Management administrative rules, OAC 580:25. Auto Liability Self-Insurance Program This program provides coverage in the case of a Third Party claim resulting from operations or conditions caused by the negligent acts of a Participant while operating a scheduled vehicle and working in the scope of their duties. General Liability Self-Insurance Program This program provides coverage in the case of a Third Party claim resulting from operations or conditions caused by the negligent acts of a Participant, while working in the scope of their duties, but not related to the operation of a motor vehicle. Program Coverage Period, Rate, and Limits of Coverage Coverage Period September 1, 2012 to August 31, 2013 Coverage Options Auto Liability coverage Rates $53.00 per vehicle General Liability coverage $37.00 per person Limits of Coverage Limits of coverage are detailed in the GTCA. Oklahoma Fire Protection Organization Liability Programs (09/2012) PAGE 3 OF 11

4 Participation Eligibility Our mission is to offer quality programs for any of the following Oklahoma fire department organizations: 1. Fire protection organizations organized and operated pursuant to the provisions of Sections through of Title 19 of the Oklahoma Statutes; 2. Volunteer or full-time fire departments established pursuant to Section 592 of Title 18 of the Oklahoma Statutes; 3. Municipal fire departments organized and operated pursuant to the provisions of Sections through , and Sections through of Title 11 of the Oklahoma Statutes; 4. Fire protection services established pursuant to the provisions of Section 351 of Title 19 of the Oklahoma Statutes; and, 5. Rural fire coordinators employed by sub-state planning organizations acting pursuant to rural fire defense programs as described in 74 O.S A, et seq. Liability Programs General Requirements An application must be completed by an Eligible Organization to participate in these Programs. Coverage begins only upon approval of the application by Risk Management. 1. Applications for participation, pursuant to Title 74 O. S A et seq., are subject to review by the State Risk Management Administrator. The review may include a physical inspection of the vehicles and related records. Participating Fire Protection Organizations are subject to random safety and loss prevention inspections of equipment for as long as they choose to participate in the Risk Management Program. Noncompliance with safety standards required by the Risk Management Administrative Rules, OAC 580:25, can result in denial of an application to participate in the Program and/or cancellation of coverage. 2. Upon approval, Risk Management will invoice the Eligible Organization for the participation fee amount. Payment of the participation fee is due to Risk Management no later than 30 days from the date of invoice receipt. Failure to submit payment within 30 days will constitute cancellation of Program participation. Any liability involving a fatality, personal injury or property damage, must be reported immediately to Risk Management. Participants agree to cooperate fully with Risk Management in the investigation and resolution of any claim. Auto Liability Program Specific Requirements Auto Liability Annual Training Requirement 1. All Organization Member(s) operating a vehicle insured by Risk Management shall be properly trained and tested on the operation of any vehicle they will be operating. The current required training period is from July 1, 2012 to June 30, A Driver s Road Test Signature Page must be completed and submitted to Risk Management each year by June 30. A Fire Department may submit a Driver s Road Test Signature Page at any time to add a new Organization Member. Risk Management must have the Driver s Road Test Signature Page on file before any Organization Member is considered an authorized driver under the Auto Liability Program. Oklahoma Fire Protection Organization Liability Programs (09/2012) PAGE 4 OF 11

5 2. Any Participant failing to comply with the required driver training and documentation procedures may be billed an allocation surcharge, or any action necessary, including cancellation from participation in this Program. Failure to submit a Driver s Road Test Signature Page during the training period will result in the Fire Department being billed an allocation surcharge rate for the following year s Auto Liability coverage. Failure to submit a Driver s Road Test Signature Page for two consecutive years is deemed to be a withdrawal from participation in the Auto Liability Program, and coverage will be cancelled. 3. Any person authorized to drive a covered vehicle by the Fire Chief of an Eligible Organization or his/her designee must: Be thoroughly trained and tested to operate the vehicle Be acting in the Scope of Employment as defined by the GTCA Be listed as an Organization Member on the current Driver's Road Test Signature Page on file with Risk Management Be at least 18 years of age, and Have a valid Oklahoma Class D driver license or equivalent. 4. The Participant must maintain on file an original, signed and dated Driver's Fire Vehicle Road Test Record or equivalent test record for a period of three (3) years for each driver of any vehicle covered by Risk Management. If an accident should take place, a copy of this training record must be submitted to Risk Management with the accident report. It is the Participant s responsibility to make sure all drivers have a valid driver license while driving a vehicle covered by Risk Management. Auto Liability Risk Control Requirements 1. Each participating Organization shall have a written policy that sets forth speed limits for its vehicles on emergency runs. This policy should state that "At no time shall a vehicle be driven in such a manner as to endanger life or property." Copies of these written policies shall be provided to Risk Management upon request. 2. All emergency vehicles shall be provided with audible and visible warning devices. These warning devices shall be kept in proper working order and utilized on emergency runs. 3. Wheel chocks must be used for the rear wheels while using any aerial ladder apparatus to help prevent the apparatus from slipping. 4. There shall be a preventative maintenance program in place to ensure that all emergency vehicles are maintained in a safe condition. The following items are suggested safety areas that should be routinely checked: Visible and Audible Warning Signals Lighting systems Tires Steering Brake system air tanks Brake fluid Windshield wipers Rearview mirrors This maintenance list is provided only as a guide and is not meant to be a complete checklist. Oklahoma Fire Protection Organization Liability Programs (09/2012) PAGE 5 OF 11

6 Auto Liability Reporting Requirements 1. Reporting of vehicles to be covered is the responsibility of the participating Fire Protection Organization. The Organization shall notify, in writing, Risk Management of additions, changes, and deletions to their vehicle schedule (vehicles to be covered) in a timely manner. Changes to an Organization s vehicle schedule must be made using DCAM-Form-RM-FV002 and submitted to Risk Management by: o Fax (405) ; or, o to Risk_Fire@omes.ok.gov The following information is required when reporting a vehicle. o Tag Number, if available When reporting new tags, include the first two letters on the tag, i.e. VF, CI, CO, etc. o Year of the vehicle o Make & Model of the vehicle o Last 4 digits of the Vehicle Identification Number (VIN) 2. It is not necessary to report a trailer for Auto Liability coverage. Once a trailer is attached to a vehicle it becomes an extension of that vehicle s liability coverage. General Liability Program Specific Requirements 1. Coverage is provided to the Organization Member(s) listed on the General Liability Member List (DCAM/RISKMGMT-FORM FGL02). The General Liability coverage period begins September 1 of the current year through August 31 of the following year. 2. A General Liability Application containing original signatures (DCAM/RISK MGMT-FORM FGL01), along with a General Liability Member List, (DCAM/RISKMGMT-FORM FGL02) must be received by Risk Management on or before July 31 for coverage to be in place by September 1 of each year. 3. General Liability coverage does not renew automatically for the next coverage period. An original General Liability Application (DCAM/RISK MGMT-FORM FGL01), and new General Liability Member List (DCAM/RISKMGMT-FORM FGL02) must be received each year by Risk Management. 4. All Organization Members, including Firefighters and Board Members, must be listed with Risk Management in order for the Organization to participate. 5. A General Liability Member List (DCAM/RISKMGMT-FORM FGL02) can be used during the coverage period to add new members or delete members who no longer participate with the organization. Liability Terms and Conditions Liability Coverage Definitions 1. "Accident" means a distinctive event that takes place by some unexpected happening, the date of which can be fixed with certainty. 2. "Claim" as defined in the Governmental Tort Claims Act 51 O. S. 152, et seq. 3. "Covered Vehicle" means a motor vehicle or vessel in the care, custody, and control of an Eligible Organization owned by U.S.D.A. Forest Service or owned by the Participant, city or county that has been properly reported to Risk Management for participation in the Program. No personal vehicles are covered under Risk Management Programs. If the Participant acquires a new vehicle, it must be reported immediately to Risk Management to effect coverage; coverage does not begin until vehicle has been reported to Risk Management. 4. Driver s Fire Vehicle Road Test Record is a form provided solely for use by a Fire Department and is not intended for use in lieu of any existing form used for evaluation of a driver. The Participant must maintain on file an original, signed and dated Driver's Fire Vehicle Road Test Record or equivalent test record for a period of three (3) years for each driver of any vehicle covered by Risk Management. If an Oklahoma Fire Protection Organization Liability Programs (09/2012) PAGE 6 OF 11

7 accident should take place, a copy of this training record must be submitted to Risk Management with the accident report. This, or any in-house evaluation form, must be signed and dated by the Fire Chief or designated officer to be valid. 5. "Driver s Road Test Signature Page" is a form required to be submitted annually to Risk Management by June 30 of each year, or as needed to add or delete an Organization Member. This form is completed for Organization Members that have satisfactorily completed annual vehicle(s) training by the Fire Chief or a designated training officer. Risk Management must have the Driver s Road Test Signature Page on file before any Organization Member is considered an authorized driver under the Auto Liability Program. 6. "Eligible Organization" means a fire department and/or district as allowed pursuant to 74 O. S B. 7. "General Liability Member List" is a Risk Management form required to be submitted to Risk Management which contains names of all members of an organization. To participate in the General Liability Program all organization members must be listed with Risk Management. 8. "Organization Member" means, for the intent of this Program, that coverage is extended to include volunteers and full time employees. The volunteer is one who is enrolled as a member of a fire department and who serves in said capacity without receiving a regular salary. (Refer to GTCA for definition of employee and scope of employment.) 9. "Participant" means an Eligible Organization approved by Risk Management. 10. "Program Administrator" means the Risk Management (RM) Department of the Division of Capital Assets Management, Office of Management and Enterprise Services, an agency of the State of Oklahoma. 11. "Scope of Employment" as defined in the Governmental Tort Claims Act 51 O. S. 152(12), et seq. 12. "Third Party" means another, other than a Participant or its Organization Members. 13. "Tort" is defined in the Governmental Tort Claims Act 51 O. S. 152(14), et seq. 14. "Vehicle Schedule" means a list of covered vehicles. PROGRAM LIABILITY LIMIT Program liability is governed by the provisions of the GTCA 51 O. S. 151, et seq. Risk Management shall not be liable under the provisions of this Program nor have any obligation to pay damages for any act of any Participant or Organization Member acting outside the Scope of Employment. IN THE EVENT OF A LAWSUIT RM will provide for the defense of a Claim if a Participant or Organization Member is sued so long as the allegations fall within the program coverage and the suit has been timely reported to Risk Management. INFLUENCE OF CONTROLLED DANGEROUS SUBSTANCES Risk Management shall not be liable to make any payment for a loss in connection with any Claim or Claims made against the Participant arising out of a vehicular accident in which the employee is found to have been driving under the influence of controlled dangerous substances as defined in Title 47 O.S. 751, or if participant refuses to submit to a Breathalyzer test when requested to do so by a law enforcement officer. LIABILITY PROGRAMS GENERAL EXCLUSIONS The following list provides examples of exclusions. Liability coverage shall not apply to: Oklahoma Fire Protection Organization Liability Programs (09/2012) PAGE 7 OF 11

8 1. Organization Members being used for municipal maintenance work or activities that are not normally and historically conducted by a Fire Service Organization for the furtherance of fire district activities; 2. Any loss to any person covered by any Workers Compensation Act or any Employer s Liability Act. 3. Organization Member indemnification and employer s liability. Personal injury to: an Organization Member of the Participant arising out of and in the course of employment by the Participant; or the spouse, child, parent, brother, sister or invitee of an Organization Member as a consequence of an event arising out of and in the course of employment by the Participant. This exclusion applies: whether the Participant may be liable as an employer or in any other capacity; and, to any obligation to share damages with or repay someone else who must pay damages because of the injury; and, 4. Claims brought by one Organization Member against another. Auto Liability Coverage shall not apply to: 1. Damage to personal vehicles of Participants and Organization Members. 2. Property or other damages incurred by a Third Party resulting from the operation or malfunction of equipment, on or off the Participant vehicle, such as, but not limited to: Rescue equipment such as Jaws of Life, ladders, etc. Ambulance equipment and/or accessories. (This type of coverage falls under the General Liability not Auto Liability) 3. Incidents where vehicles of the same Participants Organization collide with each other, or cause damage to their own building. 4. The acts, activities, or omissions of paramedics, medics, emergency medical technicians, or any other personnel as they handle, treat, monitor or transport a patient, unless such acts, activities or omissions relate directly to the operation of the covered vehicle. (General Liability may cover Paramedics if the service is part of the Participants Organization mission.) General Liability Coverage Shall Not Apply To: Claims related to the operation of a motor vehicle. (These fall under Auto Liability coverage.) Other exclusions may apply. Refer to Governmental Tort Claims Act (GTCA) 51 O S. 151 et seq. and 74 O.S A et seq. and Risk Management Administrative Rules, OAC 580:25. Oklahoma Fire Protection Organization Liability Programs (09/2012) PAGE 8 OF 11

9 IN CASE OF AN ACCIDENT... CALL local law enforcement to the accident site for vehicle accidents to document and investigate. A representative of your fire department must immediately report ALL claims to Risk Management by telephone at (405) or (888) (These phone numbers are answered 24 hours a day, 7 days a week.) Provide the following information in your message: Fire Department Name Fire Department Contact Name and a daytime phone number Risk Management Claims Unit will require this information: VIN/Serial No. & tag number of fire vehicle involved Date & time of the accident Description & location of accident Your driver s name Was your driver on fire department business Name(s) of other party(s) involved in the accident Pictures of accident, if possible The Risk Management Claims Unit also requires the following forms from the Fire Department. We will be glad to mail the forms, upon request, or the forms are available on our website at Complete the forms and return to Risk Management immediately. Standard Liability Incident Report Form (DCAM-Risk Mgmt Form 1) Scope of Employment Form (DCAM-Risk Mgmt Form 2) Current Driver s Road Test Record of the Fire Department(s) driver(s) involved in the accident, which was completed during annual training. If other party(s) are involved in the accident and want to file a claim for damages, instruct them to call Risk Management at (405) or (888)521-RISK and speak with the Claims Unit. Exchange insurance information ONLY! DO NOT say it was your fault; let the appropriate authorities make the determination. DO NOT instruct the other party to fix or tamper with any damages until they speak with RM first. DO NOT give the other party your copy of the Standard Liability Incident Report. This report is only to be seen by our office after it is completed. PLACE A COPY OF THIS PAGE IN EACH VEHICLE AND POST IN A COMMON & PUBLIC AREA If you have any questions or require assistance with a claim, please call (405) or (888)521-RISK (7475). Oklahoma Fire Protection Organization Liability Programs (09/2012) PAGE 9 OF 11

10 This form is provided solely for voluntary use by a Fire Department and is not intended for use in lieu of any existing form used for evaluation of a driver. All In-house evaluation forms must be signed and dated by the Fire Chief or designated training officer to be valid. Fire Department Name: DRIVER S FIRE VEHICLE ROAD TEST RECORD Driver s Name: Driver License # Evaluator s Name: Evaluator s Title Rating scale: 0-6 non satisfactory = not passing 7-10 satisfactory = passing Date of Test: Evaluation Items Vehicle ID: 1. Vehicle inspected prior to movement for low tires, open compartments, and unsecured equipment. 2. Ability to handle loaded vehicle. 3. Ability to shift smoothly up hill and down hill. 4. Treatment of engine (unnecessary speed increases), lugging under load, or revving motor at shut down. 5. Ability to stop smoothly without sliding wheels. 6. Ability for placement of apparatus for appropriate use. 7. Backing ability, including survey of area, and positioning of spotter 8. Display of concern for personnel and equipment safety while vehicle in operation. 9. Ability to control vehicle while shifting manual transmission and keeping engine speed correct. 10. Proper use of automatic transmission. Total USE ADDITIONAL SHEET(S) AS NEEDED ALL drivers must be tested annually. All scores with less than satisfactory performance (scoring of 6 or below) should be brought to the driver s attention and corrected immediately. Drivers scoring less than seven (7) should receive training and retesting until scoring is 7 or above. Failure to receive a passing score will void coverage for the Fire Department if that driver operates the vehicle upon which he or she failed. I HAVE OBSERVED THIS DRIVER OPERATING THE VEHICLE(S) INDICATED AND BELIEVE THAT HE OR SHE IS QUALIFIED TO OPERATE SAID VEHICLE(S). Signature of Fire Chief or Training Officer Title Printed Name Date KEEP ALL IN-HOUSE DRIVING TEST RECORDS FOR YOUR FILES. IF A DRIVER IS INVOLVED IN AN ACCIDENT, A COPY OF HIS LAST IN-HOUSE DRIVING EVALUATION FORM WILL BE REQUESTED BY THE RISK MANAGEMENT CLAIMS UNIT. Oklahoma Fire Protection Organization Liability Programs (09/2012) PAGE 10 OF 11

11 OTHER PROGRAMS ADMINISTERED BY STATE RISK MANAGEMENT Property Program This program provides coverage for Building and/or Building Contents of property used for the purpose of housing firefighting equipment and/or personnel and owned by the Participant Organization. Auto Physical Damage Program This program provides coverage for Vehicles and/or Vehicle Equipment used for supporting the Participant Organization s mission. Only vehicles and/or equipment owned by the Participant Organization can be covered under the Auto Physical Damage Program. If you are not already participating in any of these programs and are interested, please contact our office to request information and an application packet. You may contact the Risk Management office any time at: (405) or (888)521-RISK (7475) toll free APPENDICES General Liability Application General Liability Member List Driver's Road Test Signature Page DCAM-Form-RM-FV002 Vehicle Coverage-Liability Only Form Oklahoma Fire Protection Organization Liability Programs (09/2012) PAGE 11 OF 11