NLC Pools Liability Coverage Documents Volunteer Coverage Definitions

Transcription

1 NLC Pools Liability Coverage Documents Volunteer Coverage Definitions Pool 1 The program may at their option provide additional coverage, as provided under this Program, for extraterritorial activities engaged in for and on behalf of any other governmental entity, for all volunteers and all employees who are not classified as full- time employees, as that term is defined herein. Each municipality exercising this optional coverage for volunteers and part- time employees shall annually provide the Program a current list of persons affected thereby. Only by joining the Municipal Legal Defense Program are cities and towns entitled to legal advice from the League s staff. Pool 2 Any Director, Employee, Officer, Trustee or Volunteer, past or present, acting for and on behalf of the Named Member and under its direction and control or appointed by the Named Member while acting within the scope of their duties as such, and any person, organization, trustee or estate to whom the Named Member is obligated by virtue of written contract or agreement to provide coverage such as is offered by this Agreement but only in respect of operations by or on behalf of the Named Member; The term Hired Automobile means only those Automobiles the Member leases, hires, rents or borrows. This does not include any Automobile leased, hired, rented or borrowed from any of the Named Member s Employees or Volunteers or members of their Households. Pool 3 Subject to the Limit of Liability set forth below, the Trust will pay those sums (in excess of the Deductible Amount, if any, set forth in the Declarations) that a Volunteer Fire Company, and its Employees and Volunteers become legally obligated to pay as Damages because of Bodily Injury, Property Damage, Personal Injury, Advertising Injury or a Wrongful Act provided that the Volunteer Fire Company meets the following criteria: 1. The Volunteer Fire Company is Member s official and only fire department; The limitation on liability set forth in the Local Government Tort Claims Act may not apply to damages resulting from tortious acts or omissions committed by a Volunteer Fire Company, and its Employees and Volunteers. Under certain circumstances the coverage provided by this endorsement may not be sufficient to cover in full those sums that a Volunteer Fire Company, and its Employees and Volunteers become legally obligated to pay as Damages because of Bodily Injury, Property Damage, Personal Injury or Advertising Injury.

2 All Volunteers, but only while acting within the scope of their authority and while providing the public service or performing the public duty for which they volunteered; Employees and Volunteers while using their owned, hired or borrowed Autos on behalf and in furtherance of Member s business, provided, that coverage hereunder shall be considered only in excess of any other liability coverage available to such Employee or Volunteer. All Volunteers while acting for and under the direction of Member; Court Ordered Community Service Worker means any individual (i) ordered by a court to perform community service as a condition of probation, as a condition to a suspended sentence or in lieu of payment of any fines or court costs imposed, or (ii) accused of criminal activity who volunteers to perform community service prior to or in anticipation of a court proceeding. With respect to a Member other than Member s Employees, authorized Volunteers, or members of Member s boards and commissions, the liability of the Trust shall not exceed $200,000 per an individual Claim and $500,000 per total Claims that arise from the same Occurrence. Anyone other than Member's Employees, authorized Volunteers, or members of Member's boards and commissions, a lessee or borrower or any of their Employees while moving property to or from an Auto; Pool 4 Physical Damage to Volunteers or Employees Personal Autos: Revised form by increasing coverage from $500 to $1,000 or the amount of the deductible whichever is less. The form now reads as follows: For autos owned or used by your volunteers or employees, SECTION III PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended to include the following: We will pay up to $1,000 or the amount of the deductible, whichever is less, under any auto policy available to any volunteer or employee of yours, for any loss described under paragraph A.1. of this section, to any auto owned or used by a volunteer or employee while en route to, during or returning from any official duty authorized by you. In no event will we pay for any loss under this endorsement, to any auto owned, hired or borrowed by your organization. Pool 5 The bodily injury must arise out of and in the course of the injured employee s employment, including any volunteer, by the named member. The Trust agrees to pay all sums the named member legally must pay as damages because of bodily injury to the named member s employees, including volunteers, provided the bodily injury is covered by this Employers Liability coverage and under the Trust Workers Compensation program and provided the named member is also a current member of the Trust Workers Compensation program. Coverage afforded under this coverage agreement is excess of the $3,000,000 coverage limit which could have been purchased under Coverage B of the Trust Workers Compensation Employers Liability Coverage Agreement, whether that limit is purchased or not.

3 To any obligation imposed by a workers compensation, occupational disease, unemployment compensation, or disability benefits law, or any similar law, including any officer, employee, volunteer, or inmate for whom the named member is required to or elects to provide Workers Compensation coverage under Statute et al, arising out of and in the course of the officer, employee, volunteer, or inmate employment or use of their services by the named member. For purposes of this exclusion, employee means any employee, former employee, prospective employee, person claiming to be an employee, or any person deemed by law to be an employee of the named member. However, for named members who are also currently participating as named members in the Trust Workers Compensation program the Trust agrees to provide Employers Liability coverage as follows: Member" means the entity named on the declarations page and its officers, employees and agents including volunteers, authorized to act on behalf of the named member, all acting within the scope of their employment or duties whether arising out of a governmental or proprietary function. The term member shall also include additional members to the extent coverage is afforded under the definition of additional member. Pool 6 Good Samaritan means your elected and appointed officials, employees and volunteers while acting independently of their duties on your behalf, but only when, in good faith, they render emergency care at the scene of the emergency and they have no expectation of any compensation as a result of their actions. In no event will any person who responds to the scene of an emergency with or for any other emergency service organization of any governmental entity other than you be considered a Good Samaritan. Hired Auto does not include any auto you lease for a period of less than six months, rent or borrow from any of your elected and appointed officials, employees, volunteers or members of their households. Pool 7 The term "Insured Member" includes all persons who were, now or shall be lawfully elected or lawfully appointed officials, trustees, directors, employees, volunteers or council members of the "Insured Member" in the regular service of the "Insured Member" during the existence of this Insurance, and any heir, executor, administrator, assign or legal representative of said persons in the event of their death or incapacity. Volunteers mean all persons acting on or behalf of the "Insured Member" with the specific prior approval or knowledge of a responsible official of the "Insured Member". Pool 8 Real and personal property of others in the Member's care, custody, or control, and the Member's liability imposed by law subject to amounts shown on Property Declarations. Personal property of others does not include property owned by employees or volunteers. Personal Property of Employees and Volunteers that is located in or on the insured's Premises is limited to $5,000. The most we will pay in any one occurrence is $10,000 per Member.

4 Pool 9 Medical services or treatments administered on behalf of the Member s public health district, local health units, or local health department by employees or volunteers of a Member, other than physicians, surgeons, and dentists, and performed at a location not providing 24- hour overnight bed care, but only as provided by endorsement to this Agreement. Any obligation for which the Member or any carrier as its insurer may be held liable under the workers compensation, unemployment compensation, or disability benefits laws, or under any similar laws; nor any claims or suits by or damages to volunteers, elected officials, or appointed officials if the Member provided coverage to the volunteer, elected official, or appointed official under the above laws; Pool 10 The Fund hereby agrees to pay medical expenses, as further described, for bodily injury caused by an accident to Elected Officials and Volunteers while performing operations within the scope of their duties for and on behalf of the Named Member. The term Employee or Employees shall be deemed to mean respectively one or more of the natural persons who, on the effective date of this Coverage or at any other time during the term of this Coverage, are in the regular service of the Named Member in the ordinary course of the Named Member s business and who are volunteers or compensated by salary, wages and/or commission, and whom the Named Member has the right to govern and direct at all times in performance of such service, but not to mean brokers, factors, commission merchants, consignees, contractors or other agents or representatives of the same general character. With respect to Coverage Agreements F and G only the term Employee(s) shall mean not only persons compensated by the Named Member, but also those directed by the Named Member, and including those independent contractors and/or services which may be considered as usually performed by employees of the Named Member. To Bodily Injury or Personal Injury arising out of the providing or failure to provide Professional Health Care Services, except with respect to employed nurses and other emergency medical employees or volunteers of the Named Member other than employed physicians. Pool 11 Volunteer means: a person who is not the named member s employee, and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed by you. However, professional physicians, engineers, dentists, architects, building contractors, attorneys and other professionals who would be required to have error and omissions coverage or medical malpractice coverage in their said professions are not considered volunteers while offering these same professional services free of charge.

5 INSURED PERSON shall be all school board members, administrators, employees, students, parents, family members, volunteers and alumni while attending or participating in an activity organized by the school district; Named member means the first named member and each of the following, but, only for acts within the scope of their duties for the first named member: Volunteers authorized and supervised by the first named member, except that no volunteer is a named member for professional services provided by or on behalf of the volunteer. EXCLUSIONS The Pool will not pay medical and related expenses for bodily injury: a) To any named member, except volunteers authorized and supervised by the named member. EMERGENCY VEHICLES- VOLUNTEER FIREFIGHTERS' AND WORKERS' INJURIES This endorsement changes the coverage document effective on the inception date of the coverage document or as of the date indicated below. LIABILITY COVERAGE is changed by adding the following exclusions: This coverage does not apply to: A. Bodily Injury to any volunteer firefighter or other volunteer worker of the insured if sustained while such person is using or maintaining a covered auto or is otherwise engaged in other volunteer firefighting, rescue squad or ambulance corps operations of the named member or entity. B. Bodily Injury to any fellow volunteer firefighter or other volunteer worker of the named member or entity if sustained in the course of volunteer firefighting, rescue squad or ambulance corps operations. This exclusion does not apply if additional premium is shown in this endorsement. Pool 12 Exclusions We will not pay expenses for bodily injury : a. To any insured except authorized volunteers.