~~~~~ ~~^ ~~~ ~ 1
~n this the 7th day ~f ~'~~~ir~~.~~t 1~`~7, ~..i~~n mgt inn made by
~'~~.~nt y J{tdge~ ~ec~flded by ~c~ntm ~ ~ ~ i ~ne~~ C~eh ~. e~~~ the ~~-+.cr-~t
unani~Q~~ly apprnved by a u~te ~f 5-~-~, t~ ~~~ept the ~,id
fr°am Tex~~ ~t~~~r.i~t ~.on ~f ~~,~cnt a.e~ f~r° ~'+_cb~, i~ Off ~~:~.~I~
L ~. ~h ~. ~ ~ t y ~ ~ ~;_c~K~~n~e.
~G~~''~Iok~
o ~ TEXAS ASSOCIATION OF COUNTIES
'' o ° COUNTY GOVERNMENT RISK MANAGEMENT FUND
a ~ ° PUBLIC OFFICIALS LIABILITY
~ ~ CLAIMS MADE FORM
6~ ,,~'' PROPOSAL
~1 S
Member Name: Kerr County
Contract No.: 1330
Proposal Date: oslo7/97
Proposed Effective Date: 08/11/1997 12 : of AM
Proposed Expiration Date: 08/11/1998 12 : of AM _
Deductible: $la, o00
Retroactive Date: 08/11/93
Notes: Subject to receipt and acceptance of fully completed
signed and dated TAC application and Proposal Acceptance Form and disclosure
of all claims or situations that may Give rise to a claim.
Coverage
Limit
Annual
Contribution
Basic Coverage
PUNITIVE DAMAGES Endorsement
$ 2,000,000 Per Occurrence and Aggregate $ 14,035
$ 1,000,000 within Basic Coverage Limits $ 1,404
Total Annual Contribution: s 15,439
~~
~..~,/~ _.,~.._ ~ i, .-~.
a
Si at r b"fficial Date `
..............................................................................................................................................................................................................................
COVERAGE ACCEPTANCE
The Member elects: Basic Coverage
Optional Coverages: County Clerks District Clerks
Punitive Damages Other
__--__
Sig ature a ill f cce ling Official Coverage Effective Date
Insurance Coordinator Date Signa ur
This acceptance not valid unless received by the TAC office not later t n 60 day from the proposal date shown
PTAEOQWS above, unless extension is granted by TAC. 17620 - PO RENEWAL BID 97/98
TAEOQW4 9.94 '
TEXAS ASSOCIATION OF COUNTIES
PUNITIVE DAMAGES
ENDORSEMENT QUOTATION WORKSHEET
Member Name: Kerr County
Contract No.: 1330
Effective Date: 08/11/1997 12:01 AM Retroactive Date: 08/11/93
Expiration Date: 08/11/1998 12:01 AM
Limit: $1,000,000 within Basic Coverage Limits
Annual Contribution: $ 1, 404
Pro Rata Contribution: $ ~, 404
PININEW4
17620 - PO RENEWAL BID 97/98
TAEOQEW3 8-93
ANNOUNCING
TEXAS ASSOCIATION OF COUNTIES
WORKERS' COMPENSATION FUND
Preferred Package Discount
1-1-97/98
The Texas Association of Counties Workers' Compensation Fund has established a
Preferred Liability-Property Package Discount. Effective January 1,1996, all members of
TAC's Workers' Compensation Fund who also participate in the Risk Management Fund
and/or the Property/Casualty Fund will receive up to a 20% additional discount off their
annual Worker's Compensation contribution. Each eligible line of coverage, carried
through TAC, in either the Risk Management or Property/Casualty Funds will earn an
additional 4% discount off TAC Workers' Compensation charges. This additional
discount is given after all other member discounts and experience modifiers have been
applied to the manual Workers Compensation contribution. Eligible coverages are
Automobile Liability, General Liability, Public Officials Liability, Law Enforcement
Liability and Property.
KERR COUNTY:
Kerr County estimated 1997 WC Contribution $62,209
Less discounts based on current participation (-16%) -9,954
(AL-4%/GL-4%/PO-4%/PR-4%)
Total Current 1997 WC Contribution $52,255
Comparison -Public Officials Liability
	Basic Coverage Features	TAC Pool	Commercial	National	National	Titan
			Underwriters	Casualty	Union	
1	Specifically designed for County	Yes	No	No	No	No
	governments in the State of Texas?					
2	Underwritten in Texas by Texans?	Yes	No	No	No	Yes
3	Claims supervision and control	Yes	No	No	No	Yes
	conducted in Texas?					
4	Covered Officials include:					
	(a) All duly elected or appointed	Yes	Yes	Yes	Yes	Yes
	(b} Past, Present or future officials	Yes	Yes	Yes	Yes	"present"
						only
	(c) Employees	Yes	Yes	Yes	Yes	Yes
	(d) Volunteers	Yes	Yes	Yes	Yes	Yes. If
						authorized
5	In separate coverage, with limits in					
	addition to basic policy limits, afforded					
	to:					
	(a) District Clerks?	Yes (1)	No	No	No	No
	(b) County Clerks?	Yes (1)	No	No	No	No
6	Is coverage afforded to Attorneys,	Yes (3)	Yes (2)	Yes (2)	Yes (3)	Yes
	Engineers, Architects and Accountants					
	employed by the County?					
7	Is the County covered as a Named	Yes	Yes	Yes	Yes	Yes
	Insured?					
8	Is coverage in a:					
	(a) "Pay on behalf ofi' basis?	Yes	Yes	Yes	Yes	Yes
	(b) "Indemnification" basis?	No	No	No	No	No
9	Is coverage written on a "claims made''	Yes ~	Yes	Yes	Yes	Yes
	form?					
10	Is coverage for "prior Acts" available?	Yes	Yes	Yes	Yes	Yes
11	Does the Company have the duty to	Yes	Yes	Yes	Yes	Yes
	defend?					
12	Are defense costs included within the	Yes	No	No	Yes	No
	limit?					
13	Are claims seeking non-monetary relief	No	Yes	No	No	No
	covered?					
14	Are punitive or exemplary damages	Yes	No	No	No	No
	covered with limits in addition to basic					
	policy limit?					
1 ~	Is coverage included for members of					
	board so r commissions:					
	(a) operating under the jurisdiction of	Yes	Yes	Yes	Yes	Yes
	the County?					
	(b) operating outside of the jurisdiction	No (4)	No	No (4)	No (4)	No (4}
	of the County?					
	Basic Coverage Features	TAC Pool	Commercial	National	National	Titan
			Underwriters	Casualty	Union	
16	Does form affirmatively cover:					
	(a)Civil Rights Violations	Yes	No	Yes	Yes	No
	(b) Employment related discrimination?	Yes	Yes	No	No	No
					
Basic Coverage Features	TAC Pool	Commercial
Underwriters	National
Casualty	National
Union	Titan
17 Is coverage included for:					
(a) fraud & dishonest?	No (5)	No	No (5)	No (5)	No
(b) criminal acts?	No (5)	No	No (5)	No (5)	No
18 Notice of Cancellation is:	60 days	45 days	60 days	30 days	30 days
19 Extended Reporting Period options are:					
(a) One year?	Yes	Yes	Yes	Yes	Yes
(b) Two yeazs?	Yes	No	Yes	No	Yes
( c) Three years?	No	No	Yes	No	No
(1) The insured vs. Insured exclusion is removed for this exposure.
(2) Covered as any other official or employee.
(3) Covered as any other officials or employee, and subject to the insured vs. Insured exclusion.
(4) May be added by endorsement.
(5) Defense will be provided until final adjudication.
Notice: This form is intended to provide highlights of coverage for way comparison and is not a coverage document. Please
refer to the coverage document for complete details of coverage including definitions, exclusions, and other terms and
conditions.
D:IWINWORDITEMPLATE1PublicOfficialsComparisonShee~.doc 06/19/9
Sam~~~
The Texas Association of Counties County Government Risk ~tanageme:~t Pool is seated to enable
each county to purchase average against liability claims. This is not a contras: of insurance but
is an agreement for liability coverage pursuant to the provisions of C'napte:119 of the Texas Local
Government Cade.
Except to such exte:~t as may othe~~ise be proviCed herein, the cove;~;e of this CO~ER.~CE
DOCUMENT is limited to liability for only chase C%.al~tS T~L~T ARE ~ RS i yL~DI= .~Gr~i~'S i
T~.E 1itEytBER WHILE T~~E COVER.~GE DCCUytEy i is I~ ; ORCE.
This COVER.aC•E DOCUytE: ~ contains words and phases wnic^ have bee^ de:ned he:e;n.
T'ne definitions provided will 3ppiy in cons,;,~in~ this COVERAGE DCCti'ME~i'.
fn consideration of the paymeat of the required contriout;on, within thir^~ (~0) days of the eFfec:ive
date hereof, and in re?lance upon the state:neacs in the written appiic.~cien made a pact hereof, the
POOL agrees as follows:
i. IivSURI~+'G ,AC•REE:titE~'i' Aim CL.~IiVtS MADE CL.~USE
A. With the ytE:titBE2 OFFICIALS that if, during the COVERAGE DCCL'1itL~T
PERIOD, any CL~t~t or CL~IytS ~tre first made against the MEMBER
OFFICIALS, individually or collec:iveiy, for a WRONGFUL AC 1, the POOL wtil
pay on behalf of, in accordance with the terms of this COVER.~GE DOCL'ME~'I',
the MEMBER OFFICIALS, or any of them, their e.~cecutocs, administrators or
assigns, for all LOSS inc~.srred by said MEMBER OFFICIALS, oc any of them by
reascln of 1ny WRONGFUL .aCT.
6. With the 1~tE~tBER COUNTY chit if, during the COVCR.aGE DOCU1~tE~'I'
PERI00, any CL.aI~t or CL.~I~tS are first made against the ~iE:titBCR
OFFICIALS, individually ar cc~llec:ively, far a WRONGFUL ACT, the POOL will
reimburse, in ,trc~rdance ~t~ith the terms cal' this COVER~IGC DOCUytENT, the
N1 F;~113C R COUNTY (ter ;cll LOSS ~~c~r ~~-jliC:l cllc; ~i C;~i Qi~ 2 COUNTY nl<iy lie
re;Iuiret~ car PC*mitte;l by (any ec~ inde.nnit'y aurfi ;ti1E;~1GCR 01=FICIALS.
C. With the ~1L"~113~R COL'~'Y chit il; deirin~ the COVCR~GE DOCU~tCN'T'
PIrR100, any claim car c:l~iims are first m;ode a~:iinst it <~s a result cf ,any
WRONGFUL ACT, the POOL will ~r~y can hChalf cif, in ;~ccc~rcf~inc~ with the terms
TIC/88~/PO
of this COVERAGE DOCUNiE.`~T, all loss incurred by the MEMBER COUNTY
solely by reason of any WRONGFUL ACT, as hereinafter deriried.
Provided always that CLAIM is first made during the COVERAGE DOCU~NT
PERIOD and the WRONGFUL ACT haooe:ls:
1. During the COVERAGE DOCUME.~'i' PERIOD; or
2. Prior to the COVERAGE DOCUMENT PERIOD and after the retroactive
date set forth in the Declarations provided chat prior to the effective date
of this COVERAGE DOCUMENT:
a. The ititEytBER COUNTY or the MEMBER OFFICL~I.S did not
~Zve notice to any prior insure; of suc~ wRONGrL'L ACT, er:oc
or omission, and
b. The MEMBER COL'N i ~~ er the ytEMBER OFFICL~I.S had no
know(ed~e that suc'~ WROiti'G FL'L ACT, error or omission was
Likely to ;ive rise to a CLa l~+t -aer eunder.
Further, the POOL shall nave the ri;nt and dur~ .o de:~^d any c:vu su;t a~:~inst the
1rtEytBER COUNTY Alv'D ytEytBER OF::Ci~.,S seek:n~ such LOSS or DAIMAGES
on ac: ounc of sucz WRONGFUL ACT, ever if the alle~acions are ;roundless, false oc
fraudulent, and may make such investi~a.tion and se:~lernenc of any CLalltit or suit as it
dee;ns expedient, but the POOL shall not be obli~?ted to pay any LOSS or to defend, or
continue to defend, any suit after the limit of the POOL'S liaoility has beer exhausted by
payment of LOSS, including CI..~IytS E;CPEN'ScS, as ~~vell as amounts paid in settlement
or satisfac.ion of CLaI~iS, jud~~nents or awards.
A1! CL~I~tilS EXPIr~SES shall rirst be subtrac:e~ rom the limit of liability; with the
remainder, if am-, hein~ av~tii~l~(e to day DA,ti1~CcS.
(l. EXTENSIONS a~~0 SUPPC.E:V1E1~ ~ CRY P.aY~1E~' TS
This COVERAGE DOCUMENT s(~a(l also apply to CLalititS first made during the
COVERAGE ~DOCUMEvT PERIOD a;ainst former MEMBER OFFICIALS or
em{~lovees, their exe::utars, administrators or assi;ns, provided said CLAIMS are otherwise
insurer! hereunder.
The P00~ will pay, in ~~dclitic~n to the applic::il~ie (imic of liability:
1. expenses incurreJ by the POOC.'S re~u(~cremRloyees c~rc;~ntr~~c.ors in the monitor;ns
and supervision of c:lairil.~;
2. interest on any jucl~mCnc w(1iCi1 cic~es nor exc~~~ the limit or the ['OOL'S li~t(~ility
thereon, whicf~ ;ircrues ~~fter zntry of the jut{~,emenc and before the POOL has p~iid
or tendireci ar c1ePc~sited in court ch~~t part c~C the jud~menc which does not ~xceeci
ehe !imic cif the POOL'S liability thereon;
TAC/SSA/PO 2
3. premium on appeal bonds required in any suit defended by the POOL, premium on
bonds to release attachments in any such suit for an amount not in excess of the
POOL'S liability, not to exceed ~2.5~ per bond, but the POOL shall have no
obii~ation to apply for or furnish any such band.
III. DEF~NTI'IONS
A. AGGREGATE as used herein shall mean the POOL'S total liab~ity for LOSS
resulting from all CLAIMS first made against the MEMBERS during the
COVERAGE DOCUMEs~I'I' PERIOD and shall not exceed the amount stated in
the Declarations as AGGREGATE regardless of the time when such CLAIM is paid.
In the event the MEMBERS exercise the right to purchase the OPTIONAL
EXTEi~SION COVERAGE as provided in Section VII of this COVERAGE
DOCUMENT, the AGG REGATE Iunit for the 0 PTIO NAL ~XTE: tSIO N PE RIO D
shall be no more than chat which remains of the AGGREGATE limit from the
immediately preceding COVERAGE DOCL'~tE~'I' PERIOD.
B. CLAIM as used herein shall mean a demand :~ece;ved by the ME1itBER Lor move;~,
including the service of a nocic~ of CLa.I~t, se;vic~ of suit or institution oz
arbitration proceedings against the MEMBcR.
C. CLAIMS EXP~~ISES as ase^ Rerein shall :neon:
1. fees c:~ar;ed by an attorne;~ desi~naced by the POOL to de;end the
MEMBERS; anti
2. fees charted by an attorne;~ designated by the MEMBERS with the writtea
consent of the POOL; and
3. all other fees, costs and e.~cpenses resulting'rom the investi;~tion, adjustme^t,
defense and appeal of a CLAIM, inc~,~r;ed by the POOL. Ho~veve:,
CLAIMS EXPENScS shall not include salacr c7ar;es of re~sl;~r employees
or officials of the POOL, or e.Ypenses incurred by the POOL'S regular
emplo}gees or cocltr~ic:ors in tiie cnonitorin~ and supervision of claims.
D. COVERAGE DOCUlV1 E~tT as used herein shall me:~n this agreement between
the POOL and ~~1E:~gER.
E. COVERAGE OOCUIviC~T PEEt{OD as used Herein shall mein cis<~t period
spe::ified in Item Q c~~ the Dec;farations, or ear{ier termination date, if any, provided
always, however, that i~ s<~id C0~'ERAGir DOCUNt : ~ PERIOD is ;rezte- than
one year, the limit of liability roe eat{1 anti eve^~ LOSS ~ind roe the AGG REGAT'E,
as stated in Item C cal' the ~ec'arations, shall hC a(~{~(ic::ihle only tc~ CL.~I-~i ar
CLAI ~1S {ir~t made a`;cinst the X11:;~i 131/RS during etic{1 CO~CR,~Gi,~
DOCU~IC:~T PER100. An}~ rene~.val of'cltisCOVER~GC OOCUyiC~'1'shall (~e
considered a ne~,v COvCRAGC OOCUMC~T PERIOD; however, piny OE'TIO~AL
EXTENSION PERIOD coverage purchased by the 1~iE;~ta>rR sha(I in no w<iy
incre7se the COV1rR,~Glr DOCUNiE~tT PERIOD or any renewal thereof.
T~~C/88A/PO 3
F. DA~'titAGES as used herein shat! mean compensatory damages only and does not
include punitive damages, Vines or penalties.
G. LOSS as used herein shall mean:
I. such amounts ~in no eve:tt exceeding the limit of liability foc each LOSS or
the AGGREGATE as set forth in Item C of the Declarations) whic:t the
MEMBERS are Ies;ally obligated to pay, arising out of a WRONGI; UL ACT,
for CLAIM or CLAIMS first made against the MEMBERS during the
COVERAGE DOCUMENTPERI4D forDA~1~iAGES, includingjudgments,
settlements, few, costs, charges and exvenses of investigation and defense
of Iegal anions otherwise insured hereunder, or proceedings and appeals
therefrom; however, the salaries of any MEMBER OFFICIALS are hereby
excluded from the foregoing and shall not constitute any LOSS payable by
the P04 L hereunder .
Z. such defined LOSS shall in no event include def~ase of the MEMBERS for
any de;nands, allegations, ac:ions, arbitrations, administrative proceedings
. . .
seelCing non•mone:ar;r ; e?le:, provts~onal ce:nedies, or any re?ief in a form
other than foc mope;r damages, not shall suc de;ned LOSS in any e~~e:~t
include Ines or penalties, punitive or w;emplarr damages, or such amounts
which ;nay be paid for~oic3i improvements, or~~hic;~ may become due and
payable unde;~ the terms of any contrac.ual obli;ation whether imposed by
ltiw ar ley ~~greemenc of the :~tEtitBERS.
H. MEMBER COL'N T Y as used herein shall menu the county named in Ice:n A of the
Dec'arations as legally constituted at the inception oC the COVERAGE
D4CUNtE~ ~.
I. MEMBER OFEICI~LS as used herein shall mean those persons, individually or
collecaveiy, acting within the scope of their OFr iCiAL CAPACITY who we; e, now
are, or shall be duly elegy:ed or ar.~ointed officials or members or erno(oyees or
volunteers of the 1~tE~tBER COC.~NTY, or commissions, boards or other units
operating by Ind under the jurisdiction of the ytE:titBER COUNTY, and within an
apportionment of the total ope;atin~ budge; of the MEMBER COUNTY.
MEMBER OFc1C1ALS shall not include any of the following boards, commissions,
authorities, units or admcnsstratcve departments or agencies or individual aFficials
or members or employees or volunteers actin; within the scope of cl~eir duties
thereunder, unless specifu;illy endorsed hereon: 1. airport; ?. hUSpit~al.
1• N1 C;~t BC R 0 R ,~I C;~1 Q C RS as use~~! herein shall me:t,z either or E~ath tl~e :fit C,~f Q E R
COUNTY <~nd the M C~~~ B C R o r• r1Cl~ l.,s, inclividu~iiiy or cc~ile::tively.
K. OFFICIAL. C.4~f',1C(TY a~ used I~er~;irt sh<ril mean nniy those functions and
re.~(~c~nsihi(itic:s that cc~rnc; ~~'~thin the sct~pc; of pcrf'orm:~nce of ~tiIC~tiIQER
OF~1C1r11.S I~c~r c~r~ on l~c;l~:~IC car thc; ;~1C~1aCiZ COUNTY.
L 0('TION~~L C.~CTC:vSiON CODER.-AGE as use.! herein shall mC:in the optional
TAC/$SA/PO ~
coverage chat c~ay be purchased in the event the PQOL shall once!
or refuse to renew this COVERAGE D4CUME.'~T as ses forth in section VII of
this COVERAGE D4CUME'~T.
M. OPTIONAL EXTENSION PERIOD as used herein shall mean the period which
the MEMBER C4 UNTY elects to purchase optional extension coverage.
N. P04 L as used he: ein shall mean the Texas Association of Counties County
Government Risk il~ana~ement POOL
0. WRONGFUL ACT as used herein shall mean any actual or alleged error or
misstatement, omission, acs of neglect or breach of duty including misfeasance,
malfeasance or nonfelsance by the MEMBER OFiCI~~LS in their OFFICIAL
CAPACITY, individually or collectively, or any matter calmed against them solefy
by reason of thes'r having served or acted in an 0 r CIAL CAPACITY under the
definition of MEMBER OFFICIALS.
"~VRONGc=UL ACT' includes claims macs or actions brought pursuant to the
United States Constitution or any State Constitution, or any law affording 3 cavil
ri;ht of action for damages by cesson of invasion of 3 vil rift or liberty, pcoviain;
cove;3ge is otherwise afforded hereunder nor said WRQNGFIJL ACT.
Iv. EXCLUSIONS
A. T'ne POOL shall not be liable to make any aayme~t in conne~~ion with or de;end
any CLAIM made against the ME.ti(B1rRS `oc any DA~titAGES oc LOSS whe:he
direr:, indirect, or consequential, arising from, brought about, contributed to, or
a used bv:
I. frZUd, dishonesty, bad Bich, of ME:ti~BtrR; however, noc~vithstZnding~ :he
fore;t~~ng, the ;~tEyfB>rRS shall be protected under the terms of this polier,
as to ~cny claims upon which suit may be brought against them by re:~son of
any alleged fraud or dishonesty on the part of any MEMBERS, unless a
jud~ment oc other final adjudication thereof adverse to such 1+tE~tBERS
shall establish that acts of active or deliberate dishonesty oc fraud committed
by surf! MEMBERS was material co the ~~tuse of action so adjudicated.
2. bodily in~urv, sirlCness, mental ~~n~uish, ass~~ult Ur battery, disease or death
cif any person, or damage to or destruction of ~tny taneible praprr ty includin,
loss o f use thereof.
~. false arrest, false imprisonment, e.YCrssive use of force, wroclgful detection,
wrcn,ful eviction, wron~fui entry, ar ocher invasion of the ri~hc of private
accup~inc.;f, malicious prosecution, wrant~ful ar impr~pc;r servee:; cif process,
hucziiiiatian, lii~el, sl~~ntler, or vic}Iatic~n of an inciiviclu~il's ri~ftt cif priv;j~y.
4. <iny ~~rts, ti~NICCti nr duties in I'Uri~le:'anC~ of car sunervisic~n of the law
en~'c~rcement pursuits c?r ~~ctivitiCS cif' ~inv I;~w enrorc~;~ienc offici~~ls,
z~c~aaa~PO 5
department or agency of the MEMBER COli~TY.
5. the rendering of or failure to render any opinion, treatment, consultation or
service if such opinion, treatment, consultation or service was rendered or
failed to have been rendered while such MEMBER OFFICIALS were
engaged in any activity for wf~ich they received compensation from any source
other than the MEMBER COUNTY or were gratuitously engaged ocher
than by specific direction of the 1iCE?~ER COUNTY.
6. the discharge, dispersal, release or escape of smoke, vapors, soot, fumes,
acids, aIk~3li.s, toxic chemicals, liquids or ;aces, waste materials or irritants,
contaminants or pollutants into oc upon Iand, the atmosphere, or any
watercourse or body of water.
7. criminal act o f ME 1iiB E R.
$. willful misappropriation of Funds, embe~le:nent or infidelity, oc arTSing out
of the ~~tE~iBERS actin; in a tiduc:arr capac;^r as respecs any zmoloyee
benefit plan or as trustee of any emrioyee bene;a plan.
~. inverse Condemnation, adverse possession or dedicltion by adverse use.
B. Also, this COvER~GF DOCU'ML~~' does not cover or apply to:
I. any CLAIM or LOSS whic~t shall be deemed uninsurable under the (aw
pursuant to which this CO~IERaGc DOCU'ytEV i shall be construed.
2 defense of, or attorney's fees focnon-move:a~f CL~I'~tS, demands or actions
seeking provisional remedies, retie: oc redress in a form other than money
DA:~iAG cS.
3. any CLAI1~iS by the ~tE!~tB E R CO L'NiY against ;Vile yfB E R O Fr ICiALS,
or CLAIMS by any COUNTY OFt=iCIAL against another; however, this
exclusion shall not apply to claims acis~ng out of actual or
alle;ed wrongful employment practices brought by employees who are not
elected y(EMBER OFriChLS of the ytEMBER COUNTY.
..
a. to an}~ L~(1i1 <<riscn~ out of continuous or reoe:~ced exposure to the same
or similar concfiti~ns in ~vhscl~ any such e.~c{~c~sure or conclicion e.~cisted or
hap{~enecl ~ric~r to tI1C rt;:ro;active date set ~ortlt in cite Declarati~tis.
~. LIMIT OF LiaQ(LITY AND DEDUCTiaLL
A. The POOL'S li~ii~ility f'or LOSS he: eunc;er whiC;l sf~~tll include ;cll costs, charges and
expens~;s in excess of the tlecluctii~{e shown in Item D of the Declarations shall not
exceed in total the limit of li<sl~ility ;~s shown in Item C of the Dec3ar;~tions.
TAC/88A/PO b
B. The deductible amount stated in the Declarations as "Deductible (A)" shall be
applicable to each CLAIM and shall include loss payments and CLAIMS
EXPE~tSES as he: ein cleaned, whether or not loss payment is made. Regardless
of the number of CLAIMS during the COVERAGE DOCUMEiyT PERIOD the
total deductible amounts appliable co the COVERAGE DOCUMENT' PERIOD
shall not be greater than the a~egate amount stated in the Declarations as
"Deductible (B)", which shall intrude Loss payments and CLAIMS EXPENSES as
he: einafter der~ned, whether or not !oss payment is made The absence of any entry
in a~regate "Deductible (B)" means that no aggregate shall apply and each and
every CLAIM shall be subje~~z to "Deductiole (A)."
C. The POOL may pay all or any part of the deductible amount to effect settleme,^,t
of any CL.~IM or suit or to de:ead such CLAIM or suit and, upon notifation or
the action taken, the MEMBER shall promptly reimburse the POOL for such
amount of the deductible as has been paid by the POOL.
D. CL.~IytS based on or arising out of the same ac: or irate; related acts of one or mcre
of the MEytBERS shall be ccnsice:~ed a single CLAIM and only one deduc:;ofe ant
limit of liability shall be appiicwbie :o sac.; sin;!e CLAIM.
E. Subject to the foregoing, ir, no titre^t shall the POOL'S total liabiiit;~ for any one
COVERAGE DCCUyiE~ i t'ER~OD exceQd the .~CGREGATE stated in Item C
of the Dec;arltions, irc'.ucing dry CL~I!~t oc CL~I~tS first made during anv
OPTIONAL E.`C T ENSION PERIOD.
E. T'ne intrusion of one or mcre MEMBERS he: eunde: shall not operate to inc: ease
the applicable deductible or the POOL'S !unit of liability.
VI. DISCOVERY CLaL'Sc
If during the COVERAGE DOCL'~tEy i PERIOD or any OPTIONAL EYTEvSION
PERIOD purchased hereunder, the MEytBERS first become aware that ME1itBERS have
committed a speciFc ac:, error, omission or WRONGFUL ACT in their OFcICIAL
CAP.gCITY t'or which coverage is ache^.vise provided he; eunder, and if the MEMBERS
shall during the COVERAGE DOCU~tEV'I' PERIOD or OPTIONAL E~C'T'ENSIOiv'
PERIOO.purchased hereunder give written notice to the POOL of:
1. the tipecific WRONGFUL ACt; <ind
2. the injury or damage which has resulted or may result From such WRONGFUL
ACT; ancf
i. the circumstances by which the 1tiiE:~1BERS first became aware of such
~-VRONG(=UL ACT;
Then any Chaf M suhseyuently made a~;iinsc the ~1EtitBERS arising out of such
WRONGFUL ACT shall be deeme:~ far the purposes of this COVERAGE DOCU'ytE`jT
to have been made during the COVERAGE DOCt~'ytEN'T PERIOD or the OPTIONAL
TAC/88~/PO ~
EXTENSION PERIOD purc:~ased hereunder. The MEMBERS sflall cooperate fully with
the POOL and any invesci~ation conducted by the POOL or its representatives shall be
subject to the terms ses forth in this COVERAGE DOCUMENT.
The fact that the coverage under this COVERAGE DOCUMENT is extended by virtue of
this provision shall not in any way Inc; ease the limit of liability of this COVERAGE
DOCUMENT.
VIL O PTIO N TO EXTEND CL4IMS REPORTING PE RIO D
tf the POOL shall mince! or refuse to renew this COVER=~Gc DOCUME~'I' for reasons
other than the MEMBER COUNTY'S non-payment of contrioutions or deductible or
non-como(iance with the terms and conditions of this COVER.~Gc DOCUMENT, the: the
MEMBER COUNTY, upon payment of an additional concrioution as se: forth herein, shall
have the option co extend the coverage afforded by this COVER.~Gc DOCUMEN i', suciec:
oche^.vise to its terms, covenants, definitions, and limitations of this COVERI~C-c
DOCUMEN ~', limit of liabuit;~, eyc;~us;ons ar,d conditions, to ~oc1y to CL~I1~tS first made
against the MEMBER COUNTY durirt~ ~a~ I? months, (b) ?4 months, as elected by the
MEMBER COUL ~, fo(lowin~ { ~ mediate:y aeon :he e:zeo:ive date of such termination,
but only 5v reasons of any WRONGr UL .~C T, error or omission committed prior to the
date on wtzic;t this OPTIONAL E~'~'SION' PERIOD commenced and after the
retroactive dace se: forth in the De~~arations, and suoje~: always co the terms, conditions,
limitations, exc',usions and deductible provis;ons of the COVER.~GE DOCUMENT in ef:ect
on the date the OPTIONAL E~~i"ENSiON' PERIOD is exercised.
Tne extension of cove:a;P for CLaI~tS made subseque;~t to termination of the
CO VE RAG c DOC u ititENT shall be endorsed he-eto, it purchased, and shall he; eina fter
be refer red co as the OPTIONAL EY T ENSiON PERIOD.
f t is mutually a;reed that a request by the POOL, for an Inc: else in contriuution or
deductible ar reduction in limit, shall not be deemed a rerusal to renew this COVERAGE
DOCU ~1 ENT.
The cantril~utic~n for the OPTIONAL EXTtNSiON PER10D e!ected by clue ME:~t~ER
COUNTY shall he (~I) lU0 percent fc~r I? n~onth.~, (t~) l~i~ percent for ?4 months cif the full
annual cnntr'sl~utic~tl f'c~c• this CO~CZ~GE COCUititE~~'
As ~i condition pre::edent to the ~~IC:~taC2 COUNTY'S ri,ht to purchase the OPTIONAL
EXi'ENSiON COVC2AGE, the i~tE~1 QER COUNTY must tender payme.lt of all
contributions due far the precedin; per ioc~ of cove: a~P <<nd Inv unpaid deductibles. Tne
ME:~taER COUNTY'S ri~llt ca Purc',zase the0PTI0NAL E;CTCNSIONCOVCE~~GC must
be exercised by notice in wricin~ and tendering of the co~~trii~ution due not facer thin ten
ti~iys <lfter tfZe t; ince!lacion or termin<~tion c}f chic COV'CR.-AGE DOCUMENT. (f suc!~
Halite and concril~ution are nc~t s~ riven, the titE~tE3CR COUNTY shall not <it a lacer dace
bc: able to exercise such right.
At the commencomenc cif ~inv Ot'TiOUAL E~CTENSION PERIOD, the entire contrihuti~n
therefor sh~lll be clCemed C:irned, and in the went the +titE:~1l3ER COUNTY terminates the
TIC/88~/PO 8
OPTIONAL EXTENSION PERIOD before its term for any reason, the POOL shall not
be liable to return to the MEMBER COUNTY any portion of the contribution for the
OPTIONAL EXTENSION PERIOD.
VIII. CONDITIONS
A. Agreement and Severability - It is agreed that the particulars and statements
contained in the written application, a copy of which is attacZed, and the
Declarations are the basis of this COVERAGE DOCUMENT and are to be
considered as incorporated herein and constituting a part of the COVERAGc
DOCUMEN'T'. As respec`.s the particulars and staterne:~ts contained in the written
application and the exclusions se: forth herein, :his COVERAGE DOCUMENT shall
be considered as a separate agreement with each ; EytBER OFFICIAL. Nothing
in this ara raph shall bC construed to inc; ease the °OOL'S limit of !iaoility as se:
P ~
forth in this COVERAGE DOCU'ME~T.
B. Payment - If circumstances should oc: •,~r whe:~~:n any MEyiBER shall be de:e:mined
to be legally Liable to one or mare persons in a sum in excess of the limit of iaotiit;r
of the POOL,or in such manner as to rence; one or mere MEMBERS liable in
excess of the limit of liaoiiitr of the POOL, then the POOL may, at its option,
apportion its payment ~.vith ; espeo: to its said !unit of Liability, when paid, by dividing
avment for the bene:it of each of those MEMBERS a;ainst whom a ve:dic: or
p.
judgment was entered in proportion to the amount of the 1udgment against e~ca
ME:~tB E R.
The payment by the POOL oz sums in proportions equal to the amount of the
judgments entered as against all MEMBERS shall be dee.^~ed to constitute full and
final payment by the POOL of all its oblirations to all MEMBERS, and rn no eve;tt
shall the POOL be liable for more than the agreed limit of Liability.
C. Assistance and Cooperation of the ME!~tBERS • All MEytBERS shall assist and
cooperate with the POOL and upon the ce~uest of the POOL, or its authorized
representatives, shall submit co e.~camination and interrogation by a representative
of the POOL, under o<ich if requested, and shall attend hearings, deposit;ons :end
trials ,cnd shall astiist in effe:::ing settlements, securins Ind ;ivin, evidence, obtaining
thr actc:ndancr c~f~ witnesses in the conduct nr suits, and in the ~ivin~ of a ~,vrittea
~tateme;~t car statements tc~ the POOL. represent~ttive.~ and meetin; with suctl
representatives tc~r the PurPc~scs car' inve~ti~~;-tic~n ~r defense, witt~c~ut cnar;e to the
POOC.. Thy iv1C;~1aFRS shell nc~t, except at their ~«~n cast, voluntarily m~~S~e any
(~ayrnenC, assz~mc car admit any Iiahiiit;~ or se,tfe any CL.411~i or action car incur arty
expense without the written rc~nsenc af' tfle POOL first ohta~nec~.
E~~rh ti1C:~(af:R agrees to cc~c~per~cc; with the POOL in the prosecuting of such
CLAIMS, suits, indemnity actions, crass-c±~rims, cross•c:c~mplaincs or cc~untescla~ms
as the POOh <~c its sole discretion, shell deem to bC lppropriace with respect to any
CLalti1 or suit hrou~hc asainst any ME.ti1aER to which the COVERAGE
OOCUME~T applies and each ~tE:ti1BER ~i~rees to execute such Papers ~~s are
roc wired co be executed in the defense of the action or with respect to the
1
T~+C/88~/PO °
prosecution of such CLAIMS, suits, indemnity ac:ions, cross-claims, cross-complaints
or counterclaims.
D. Action Against the POOL - No suit, action or proceeding sfiall be maintained against
the P00L by the MEMBERS to recover foc any loss under this COVER~CE
DOCUME~'I' unless it shall be brought after the amount of suc.~t loss shall have
begin fsxed or rendered certain, either by final judgment against the MEMBERS by
the court of last resort after trial of the issues and appeal has been determined or
if the time to appeal therefrom has expired without an ap eaI Navin be~a taker,
. p g
or by agreement between the parties with the writteZ consent of the P00 L.
Nothing contained in this COVER~GG DOCt~'ME~T sfiall give the ~iE~iBERS
oc any person, firm, corporation or or;anization any tight to join the POOL as a
party in any action or proc~~din; against the MEytBERS to de:e;mine the
ME ~tB E R'S lia b ili tv.
In no event shall any ac:ion be maintained aQains::he POOL by. the ytE~tBERS
or any other person unless brought within ^.ve;ve months of the time whe.^, the
happe;iing for which cecove^~ is sou;nt under this COVER~Gir DCCt~~~tE~',
becomes known to the ME:titB E RS.
E. Subrogation - In the event of any CLAIM uncle; this COVER+~Gc DOCL'~tE~T,
the POOL shall be subrogated to aiI of the MEMBER'S rights of indemnity or
recove^~ therefor against any person, firm, corporatien or or;anizacion, and the
ME:YtBER shall e.Yec~,~te and deliver insuurne.^,ts and papers, incfuding the csstomarv
form of loan recetpcs, and do whatever else sha11 be nec~,sar~ and do nothing after
any CLAIM is made to pre;udic~ such rights. The POOL shall be entitled to take
over and conduct in the name of the Y(EytBER, the defense of anv CL.~IM or
J
action and to proserste in the ~titE:tiiBER'S name for :titE:titBER'S own benefit anv
CL~INt to which ME:~tBER is subrogated hereby against any third party. T'ne
POOL m~~y settle any claim at its own discretion and without the copse^t of the
ME:tiiBER.
F. Cancellation and Non-rene~.val Provisions
I. Canc:ellatic~n • This COVIrZ~GE OOCUiVt~~~' mzy be ~IncelIed by the
ME:~1aCR COUNTY by maiIin~ written notice co the POOL at Ie:tst sixty
(Gc)) days prior to the trite caves ~t,P is to hr c„tncelled.
Tit is CO VE RAG E DOCU yl E:vT may he ~~i nccaled by the P00 L iw Ott,: -'lin~
tc~ thc; ;y1E:~iQCR COUNTY ~It the :IClclress shown in this C4VEr2,aGc
DOCUMENT, written ncttir:: statin` wltc:n nvc legs than sixt~~ (ail) ~avs
the;re,~f'cer auclt c:Inc:~llatian shall lie ~~'Ec;ctive, exc;eot:
~~. Upon failure of the ;~lE;~iBEIZS to ciischar,e their ohiigtttivn in the
payrnCnt ctf contrii~utic~n tier the COV~~GE DOCU~tiIENT ctr zny
installm~at tlterevf, whetltCr ~ay~t(~lc: directly to the I''OOL or its
aSents car indirectly uncle:' Inv contribution fin~tnc;e plan ctr e.~ctc;nsictn
TIC/SSt~/PO 10
of credit, the POOL may cancel the COVERAGE DOCUMENT by
mailing written notice to the MEMBER COUNTY at least five ~S}
days prior to the effective date of ancellation;
b. Upon a substantial change in operations resuitin~ in an in~ease in
exposure within the contras of the ME1riBERS which would produce
an increase in rate, the POOL may antes the COVERAGE
DOCUMENT by rriailin~ written notice to the MEMBER COUNTY
at least sixrf (60) days prior to the effective date of. cancelation;
c. Upon termination of the Inte;focal Partic~.pation A~ree:ne:tt or
withdrawal of the MEMBER from the POOL or E.YauIsion of
ME1~tBER from the POOL, pursuant to the Bylaws and '!an of
Operation, this CO~ER.~Gc DOCL'; ENT shall terminate ~:feorive
on the date of said termination, wit,`~dcawal or e.YDuision. -
The maiiin~ of notice 3s aforesaid shall be sufficient proof of notice. Tile
time of surte^der or the etfec~ive date and tour of anceilation stated in the
notico shall become the end of the C0~'ER~Gc DOCUMEy~I' PERIOD.
Delivery of such written notice either by the MEMBER COUNTY or by the
POOL shall be equivale;~t to mailin,.
If this CO VE RAG E D O CUNtENT shall be ca nc~iled by the ME MB E R
COUNTY, the POOL shall retain the ~ustomacr short rate proportion of the
contribution hereon.
If this CO~ER.aGc OOCUNtEN"C shall be ~nceled by or on t~ehalf of the
POOL, the POOL shall retain the customary pro•rata proportion of the
contribution he: eon.
G. Compliance tivith Conditions • Compliance by the MEMBERS with all terms and
conditions of this CO~ER,~Gt DOCU~tE:I i is a condition precedent to the
.. •
l~ab~jity of the POOL hereunder. If the MEMBERS shall breach any warranty or
condition of this CO~ERAGc DOCUivtE~ i there shall be no cover:i~e hereunder
as to the p~Irticular CL.~l,tif (~r SIC:ion in conneo:ion with which suc;z breac;~ occurred.
H. Delivery of this C0~/CR~GE DOCUMENT • De!ive;y of this CO~IrR~~Gc
DOCUMENT ca the ;~1E~i13ER COUNTY sh~Ill be deeme;l de?ive^~ to e:ICh
MEMBER. Said wtE.~1QER COUNTY is authorized by each individual ~tE:~tBER
to dive and receive all nc~tic°.s on thCir behalf as Provided for uncle; the terms Ind
conditions of this CO~ER~aGt DOCU'NtENT. T'ne mailing of such nouc~ steal! bC
sufficient proc)f ()f not1C~.
I. Notice to thc: POOL - As ~I condition Preceaenc to any recw~;;y under this
COVERAGE DOCUM : T the ;ti1C~(13CR >hall:
t. Re{~c)rt cO the POOL all incidents (~r accurr;;nc~s which would reasonably be
e.YpettCa t(~ result in the POOL hein~ rCC}uired to consider a cl~Ilm :I~~tlnst
T~~c/as~1/PO ~ L
MEMBER;
Z. Give the POOL written notice within the COVERAGE DOCUMENT
PERIOD of any CLAIM or NOTICE OF CLAIM made against said
MEMBER;
3. In the evert suit is brought against a i1~tEMBER, immediately forward to the
POOL any demand, notice, summons or other prod received direcziy by
dte MEMBER or by the MEMBERS' represe:~tative;
The MEMBER shall further cooper ate with the POOL and do whatever is neressarf
to secure and effect any right of indemnity, contribution oc apportionme;~t which the
MEMBER may have.
The :1itEMBER shall not demand or agree ~o arbitration or any CL.~IM made
against the ME:~fBER without wtitte:~ conse:~t of she POLL.
J. C;ranges • Notice to any agent or'{~ owledge ~ossevsed oy any age:~t oc by any otf~.er
person shall not effect a waive: or a change :n any par of this COVERAGE
DOCUMEN'T' or stop the POOL from assering any r:gnt under the terms of this
COVERAGE DOCUMENT, norshall the teems of this COVERAGE DOCU'N(E~ i
be waived or c,'~anged except by a writte:~ e:~docse:rient issued with the written
consent of the POOL to form a part of this COVERAGc DOCUMENT.
K. Assignment • Assignment of interest under this COVER.~GE DOCUMENT shall
not bind tfie POO L until its consent is endorsed ~lereon.
L. Other Coverage or Insurance • If Cher a is ocher cove: age or insurance a~inst any
incident, Ions or CLAIM for which coverage ;s alforded under this COVERAGE
DOCUMEN'T', the coverage provided uncle: this COVERAGE DOCUMENT shall
be deemed to be e.YCess aver and above the applicable limits of all such oche:
coverage or insurance.
_~
T~c~aaA~eo ~ t~
COUNTY PUBLIC OFFICIAL LIABILITY
Punitive Dania es Endorsement
g
In consideration of the contribution paid to the POOL, it is hereby agreed and understood, solely within
the limit of liability set forth below, that:
1) Item "III. DEFINITIONS F. DAMAGES" is deleted in its entirety and replaced by the
following:
F. DAMAGES. as used herein shall mean money damages, and shall not include fines or
penalties
Z) Item "III. DEFINITIONS G. LOSS(2)" the words "punitive or exemplary damages" are
hereby deleted.
Limit of Liability of this Endorsement
It is understood and agreed that the limit of liability of the POOL under the terms of this endorsement
shall not exceed ~ .This limit of liability is a part of, and not in addition to the limit of liability as set
forth in the Certificate. Nothing contained herein shall be construed to increase the limit of liability as set
forth in the Certificate.
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE REMAIN
UNCHANGED.
Endorsement: CPOL/PDE Effective Date:
Insured:
Attached to and forming part of Coverage Document Number: PI
TAC1PO - (5195)
COUNTY PUBLIC OFFICIALS LIABILITY
Prior Acts Exclusion
It is hereby agreed and understood that Item IV. Exclusions is amended to include the following
additional exclusion:
"To any WRONGFUL ACT which happened or is alleged to have happened prior to the effective date of
this certificate or the retroactive date (whatever date is earlier)."
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS OF THE COVERAGE RlE]ViAIN
UNCHANGED.
The information below is required only when this endorsement is issued subsequent to the issuance of the
Coverage Document.
Endorsement: CPOL/14a Effective Date:
Insured:
Attached to and forming part of Coverage Document Number:
TAC/PO - (5195)
COUNTY PUBLIC OFFICIALS LIABILITY
A~YiENDMENT ENDORSEI~T
It is hereby agreed and understood that the foDowing paragraphs of the
COVERAGE DOCU~NT are amended to read as follows:
Paragraph III.B.
CLAIM as used herein sha11 mean demand by the ME1~ER specifically
for money DA~VIAGES, including the service of a NOTICE OF CLAIM,
service of suit or institution of arbitration proceedings against the
MEMBER.
CLAIMS based on or arising out of the same act or omission or
interrelated acts, or omissions involving one or more of the ~IE1~fBERS,
shall be considered a single CLAIM.
Paragraph III. F.
DA1~IAGES as used herein shall mean actual and compensatory money
damages only, and in no event sha11 include punitive or exemplary
damages, penalties, fines, restitution of any kind, back wages, overtime,
back benefits, or any similar types of d~~mages, even if designated as
compensatory or liquidated damages under any federal or state Iaw.
•
G~P-110N
o ~
~ ~
1204 San Antonio • Austin, TX 78701 a ~ P.O. Box 2131 • Austin, TX 78768-2131
~ ~
Sam D. Seale • Executive Director 6~~ ~~y
1~S
August 1,1997
The Honorable Robert Denson
Kerr County Judge
Kerr County Courthouse
700 Main Street
Kerrville, Texas 78028
Dear Judge Denson:
Thank you for the opportunity to present the enclosed proposals to your county. Because of problems
that counties have had in the past in obtaining insurance, TAC developed a portfolio of coverages
which, I believe, responds well to the unique needs of county government. The proposals enclosed
are as follows:
*- Public Officials Liability Coverage
*Our bid for Public Officials Liability coverage is for renewal of the policy currently in force and
would ensure uninterrupted coverage for this exposure area.
To initiate coverage, please complete the enclosed coverage acceptance forms immediately and return
them to us.
If you have any questions or need assistance in evaluating our proposal, please do not hesitate to
contact myself or your Service Representative, Judy Wagner, at 1-800-456-5974.
Sincerely,
.w« * ~''
J e ean, ARM
it for if surance
Pro am Administration
JWJ/jw
Enclosures
(512)-478-8753 • 1-(800)-456-5974 • FAX (512)-478-0519