/ , p~Ct~~~ l~ Cs~ (' r ~ COMMISSIONERS' COURT AGENDA REOUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jonathan Letz MEETING DATE: April 11, 2005 OFFICE: Commissioner, Pct. 3 TIME PREFERRED: SUBJECT: Consider and discuss automobile insurance requirements for all county employees that use personal vehicles. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 3 ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. I visited with Rex Emerson about insurance coverage for employees that use their personal vehicles for county business. As I understand our current policy the county is covered as to county liability, but that is the only coverage. I am concerned about other liabilities and possible claims. #3 AUTO LIABILITY COVERAGE FORM The Texas Association of Counties County Government Risk Management Pool ("the Pool")exists to enable its members to purchase coverage against liability claims. This is not a contract of insurance, but is a Document evidencing liability coverage pursuant to the provisions of Chapters 791 and 2259 of the Texas Government Code and Chapter 119 of the Texas Local Government Code. Under this Document, political subdivisions create and contribute to the Pool as an alternative to purchasing insurance from commercial insurance markets. While this Document is not commercial insurance, the Pool's Board of Trustees has determined that certain first-party coverages may be offered herein for the purpose of mitigating or reducing potential liability exposures to the Named Member. VARIOUS PROVISIONS IN THIS DOCUMENT RESTRICT COVERAGE. READ THE ENTIRE DOCUMENT CAREFULLY TO DETERMINE RIGHTS, DUTIES AND WHAT IS AND IS NOT COVERED. Throughout this Document the words Named Member and Named Member's refer to the governmental unit shown as the Named Member in the Declarations. The words Pool and Pool's refer to the Pool providing this coverage. Words and phrases that appear in bold-faced type have special meaning. Refer to SECTION V - DEFINITIONS SECTION I -LIABILITY COVERAGE A. WHAT THE POOL WILL PAY The Pool will pay all sums, up to the Pool's Limit of Liability, a covered person legally must pay as damages because of bodily injury or property damage to which this insurance applies, caused by an accident and resulting from the ownership; maintenance or use of an auto. The Pool has the right and duty to defend any suit asking for such damages. However, the Pool has no duty to defend suits for bodily injury or property damage not covered by this Document. The Pool may investigate and settle any claim or suit as the Pool considers appropriate. The Pool's duty to defend or settle ends when the applicable Limit of Liability has been exhausted by payment of judgments or settlements. The Pool's right to defend includes the right to select counsel to defend covered claims or suits. B. WHO IS COVERED The following are covered persons: The Named Member for any auto. 2. Anyone else while using an auto the Named Member owns, hires or borrows, but only if that person is using the vehicle with the Named Member's permission; the use of the vehicle is within the scope of the Named Member's permission; except that the following are not covered persons: a. The owner of an auto the Named Member hires or borrows from one of the Named Member's officials, employees, or volunteers, or a member of his or her household. TAC-AL (09/01) Page 2 of 14 Board Approved 08-16-01 b. Anyone using an auto while he or she is working in a business of selling, servicing, repairing or parking autos unless that business is the Named Member's. c. Anyone other than the Named Member's officials, employees, or volunteers, while moving property to or from an auto. 3. Anyone liable for the conduct of a covered person described above, but only to the extent of that liability. However, the owner or anyone else from whom the Named Member hires or borrows an auto is a covered person only if that auto is a trailer connected to an auto the Named Member owns. To the extent that the Named Member's officials, employees or volunteers qualify as covered persons for a covered accident, the coverage afforded by this Document applies to the individual liability of those persons, without regard to their, or the Named Member's, immunity from liability or suit for that accident. C. COVERAGE EXTENSIONS 1. Supplementary Payments. In addition to the Limit of Liability, the Pool will pay for the covered person: a. All expenses the Pool incurs. b. Up to $250 for cost of bail bonds (including bonds for related traffic law violations) required because of an accident the Pool covers. The Pool does not have to furnish these bonds. The cost of bonds to release attachments in any suit the Pool defends, but only for bond amounts within the Pool's Limit of Liability. d. Reasonable expenses incurred by the covered person at the Pool's request in assisting the investigation or defense of a claim or suit, including actual loss of earnings up to $100 a day because of time off from work. e. All costs taxed against the covered person in any suit the Pool defends. Pre judgment interest awarded against the covered person on that part of the judgment the Pool pays. If the Pool makes an offer to pay the applicable limit of coverage, the Pool will not pay any pre-judgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment in any suit the Pool defends; but the Pool's duty to pay interest ends when the Pool has paid, offered to pay or deposited in court the part of the judgment that is within the Pool's Limit of Liability. h. Expenses incurred by a covered person for first aid to others at the time of an accident, for bodily injury to which this Document applies. TAC-AL (09/01) Page 3 of 14 Board Approved 08-16-01 AUTOMOBILE PHYSICAL DAMAGE FORM Words and phrases that appear in bold face have special meaning. Refer to SECTION IV-DEFINITIONS. SECTION I -COVERED AUTOS A. DESCRIPTION OF COVERED AUTOS Only those autos described in the schedule of vehicles for which a contribution charge is shown are covered by this Coverage Document. B. AUTOS ACQUIRED AFTER THE COVERAGE DOCUMENT BEGINS An auto acquired after the Coverage Document begins will be a covered auto for the coverages) shown on the Declarations, only if: 1. The Pool already covers all autos owned by the Member for that coverage or if it replaces an auto previously owned that had that coverage; and 2. The Member notifies the Pool in writing within 30 days after the Member acquires the auto of its desire to cover it for that coverage. SECTION II -PHYSICAL DAMAGE COVERAGE A. COVERAGE 1. The Pool will pay for foss to a covered auto or its equipment under: (a) Comprehensive Coverage. From any cause except: (1) The covered auto's collision with another object; or (2) The covered auto's overturn. (b) Collision Coverage. Caused by: (1) The covered auto's collision with another object; or (2) The covered auto's overturn. 2. Glass Breakage - Hitting a Bird or Animal -Falling Objects or Missiles The Pool will pay for the following under Comprehensive Coverage: (a) Glass breakage; (b) Loss caused by hitting a bird or animal; and (c) Loss caused by falling objects or missiles. However, the Member has the option of having glass breakage caused by a collision to be reimbursed under the auto's Coliision Coverage. TAC/APD (11199) Board approved 10/27/99 - 2 -