HomeMy WebLinkAboutR-2017-092 Purchase Auto and Liability Insurance RESOLUTION NO. R— 2017-092
A RESOLUTION AUTHORIZING THE PURCHASE OF AUTO AND LIABILITY INSURANCE
FROM THE MISSOURI PUBLIC ENTITY RISK MANAGEMENT FUND INSURANCE COMPANY
FOR THE ANNUAL PREMIUM RENEWAL IN AN AMOUNT NOT TO EXCEED $115,517.00
WHEREAS, the City of Riverside has a need for auto and liability insurance coverage on all
city owned vehicles and property; and
WHEREAS, the City of Riverside in the adoption of its purchasing policy requires all
expenditures in excess of$10,000 to be presented to the Board of Aldermen for approval and the
City's insurance carrier for auto and liability insurance has presented an invoice in the amount of
$115,517.00 for annual renewal such insurance coverage; and
WHEREAS, funds for such purpose were budgeted in the Fiscal Year 2017-2018 budget;
and
WHEREAS, the Board of Aldermen find it is in the best interest of the citizens of the City of
Riverside to authorize acquisition and renewal of such insurance coverage and approve the
payment to Missouri Public Entity Risk Management Fund (MoPerm)for auto and liability insurance
coverage for the City of Riverside, in an amount not to exceed $115,517.00.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY
OF RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT, the acquisition and renewal of such insurance coverage and payment to Missouri
Public Entity Risk Management Fund (MoPerm) for auto and liability insurance coverage, in an
amount not to exceed $115,517.00 is hereby authorized and approved; and
FURTHER THAT the Mayor, City Administrator, or either of their designees, are hereby
authorized to execute all documents necessary or incidental to this transaction and the City Clerk is
authorized to attest thereto.
PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of
the City of Riverside, Missouri, the 19"' day of December, 2017.
� s D
M r Kathleen L. Rol
—i4TTE°5T`.,
i
RobahKjncald, City Clerk
INVOICE
MISSOURI PUBLIC ENTITY RISK MANAGEMENT FUND
3425 Constitution Court,3rd Floor
P.O.Box 7110
Jefferson City MO 65102
(888)566-7376 Fax(573)751-8276 Date Invoice Number
11-30-2017 133007
Account Number Policy Number
1002, LP-1002-201801
Invoice To:
CITY OF RIVERSIDE
2950 NW VIVION RD TERMS DUE UPON RECEIPT
RIVERSIDE MO 64150 PLEASE REMIT PAYMENT TO:
MOPERM
3425 Constitution Court,3rd Floor
P.O.Box 7110
Jefferson City MO 65102
Description Amount
Cyber&Information Breach Coverage $1,075.00
Auto Physical Damage(Fleet) $21,237.00
Automobile Liability(Fleet) $14,856.00
General Liability $15,745.00
Employment Practices Liability $28,538.00
Errors&Omissions Liability $2,488.00
Law Enforcement Liability $28,965.00
Healthcare Malpractice $2,613.00
TOTAL AMOUNT DUE $115,517.00
MOPERM INFORMATION REQUEST
Liability
This is the information we have on file for your entity. Please review it, make any necessary
changes and return this form to us at your earliest convenience. (Please return the form even if no
changes have been made.)
The form may be returned by email to renewals@moperm.com. It may also be faxed to
573-751-8276 (we do not need the original) or sent by regular mail to PO Box 7110, Jefferson City,
MO 65102.
Thank you.
Entity Name: CITY OF RIVERSIDE Policy No.: LP-1002-201801
Primary Contact ROBIN KINCAID Title: CITY CLERK
Person:
Physical 2950 NW VIVION RD RIVERSIDE,MO 64150 Month Fiscal 6
Address: Year Ends'
Mailing Address: 2950 NW VIVION RD RIVERSIDE, MO 64150
County: Platte Contact Email: rkincaid@riversidemo.com
Phone: (816)741-3993 Fax: (816)746-8349
11 Member Information is correct.
"A"13" indicates that the member's policy is for automobile coverage only.
Agency Information:
Agency Name:
Agent Name:
Physical
Address:
Mailing Address: ,
E-Mail:
Phone: Fax:
Agency Information is correct.
Signature Date
A umm
MEMORANDUM OF COVERAGE DECLARATIONS
MEMBER NAME AND MAILING ADDRESS AGENCY NAME AND MAILING ADDRESS
CITY OF RIVERSIDE
2950 NW VIVION RD
RIVERSIDE MO 64150
ALL COVERAGES LISTED BELOW ARE SUBJECT TO ALL TERMS, CONDITIONS, EXCLUSIONS AND
APPLICABLE REDUCTIONS DESCRIBED IN THE MEMORANDUM OF COVERAGE AND ARE SUBJECT TO
PAYMENT OF THE CONTRIBUTION FOR THIS COVERAGE.
Memorandum Number: 1002 Coverage Period: 12:01 a.m. 1-1-2018 to 12:01 a.m. 1-1-2019
Policy Number: LP-1002-201801
COVERAGE DEDUCTIBLE RETROACTIVE DATE
The limit for the coverages listed below shall not exceed the maximum amount provided for by RSMo.537.610
(Sovereign Immunity Limits)or$2,000,000 per occurrence as set forth in Section II of the Memorandum of
Coverage.
Automobile Liability(Fleet) $0
Hired and Non-Owned Vehicles $0
General Liability $0
Employee Benefit Liability $1,000
Employment Practices Liability $0
Errors&Omissions Liability $0
Law Enforcement Liability $0
Healthcare Malpractice $0
Cyber&Information Breach Coverage $2,500 ' 1-1-2017
'Deductible applies to Loss and Loss Adjustment Expense combined if indicated on the Declarations M100(Ed. 1-16).
Loss Adjustment Expense is defined as all costs of investigating, adjusting, and defending a claim.
ADDITIONAL COVERAGES DEDUCTIBLE LIMIT
Uninsured Motorist $0 $50,000
Auto Physical Damage(Fleet) Per Schedule Actual Cash Value
Fortes and endorsements contained in this Memorandum at Inception:
Supplemental Declarations-Cyber& Information Breach Coverage M101 (Ed. 1-17)
Deductible Liability Coverage M300(Ed. 1-00)
Schedule of Automobiles M400(Ed. 1-17)
Automobile Physical Damage Coverage M401 (Ed. 1-18)
Uninsured Motorist Coverage M402(Ed. 1-17)
Automobile Fleet-Nonauditable M407(Ed. 1-16)
Employee Benefit Liability Endorsement M603 (Ed. 1-18)
Cyber& Information Breach Coverage Endorsement M901 (Ed. 1-17)
Issued by Missouri Public Entity Risk Management Fund(MOPERM), P.O. Box 7110, Jefferson City, MO 65102
By; Date: 12-1-2017
M100(Ed.1-16)
SUPPLEMENTAL DECLARATIONS-CYBER &INFORMATION BREACH COVERAGE
Paragraphs 1., 3.,4.,and 5. of SECTION I-COVERAGE AGREEMENTS provide coverage on a claims made and
reported basis and apply only to claims first made and reported to the"Member Agency"during the"coverage period"of
the Optional Extension Period(if applicable). Amounts incurred as"claims expenses"under this policy shall reduce and
may exhaust the Limit of Liability and are subject to the Deductible.
Paragraphs 2.,6., 7., and 8.of SECTION I-COVERAGE AGREEMENTS provide first party coverage on an incident
discovered and reported basis and apply only to incidents first discovered and reported to us during the"coverage period".
MEMBER AGENCY: CITY OF RIVERSIDE COVERAGE PERIOD: 1-1-2018 to 1-1-2019
POLICY NUMBER: LP-1002-201801 RETROACTIVE DATE: 1-1-2017
POLICY AGGREGATE LIMIT OF LIABILITY $100,000
(For all Damages, Claims Expenses, Penalties and PCI Fines, Expenses and Costs)
SUBLIMITS-Each Claim and In the Aggregate
Information Security and Privacy Sublimit $100,000
Regulatory Defense and Penalties Aggregate Sublimit $10,000
Website Media and Content Liability Aggregate Sublimit $100,000
PCI Fines, Expenses and Costs Aggregate Sublimit $5,000
Cyber Extortion Aggregate Sublimit $15,000
First Party Data Protection Aggregate Sublimit $15,000
First Party Network Business Interruption Aggregate Sublimit $15,000
The above Sublimits are part of,and not in addition to,the overall Policy Aggregate Limit of Liability
Liability Deductible per Claim $2,500
Income Loss Deductible under First Party Network Business Interruption 12 hour waiting period
PRIVACY BREACH RESPONSE SERVICES LIMIT OF LIABILITY $50,000
(per Incident and in the Aggregate)
Legal Services/Computer Expert Services/Public Relations and Crisis Management Expenses
Breach Response Deductible per Incident $2,500
The Privacy Breach Response Services Limit is separate from and in addition to the Policy Aggregate
Limit of Liability
NOTIFIED INDIVIDUALS AGGREATE LIMIT 10,000 Notified Individuals
Notification Services/Call Center Services/Breach Resolution and Mitigation Services
Notified Individuals Threshold per Incident 100 Notified Individuals
Additional sublimit of up to 10%of Notified Individuals residing outside the United States,which is
part of and not in addition to the Notified Individuals Aggregate Limit of Coverage.
M101(Ed. 1-17)
Summary of changes to Liability MOC for 2018:
Changes to Exclusions:
• New Exclusion A: War
• Former Exclusion L is now M and clarifies that compensation for which coverage is excluded
includes"backpay"and "any compensation or benefits,whether current or deferred, based
on services that would have been rendered,including retirement contributions,accrual of
leave or retirement benefits,"
• New Exclusion 0: Liquor Liability(coverage for host liability remains)
• New Exclusion Z: Contractual Liability(clarifies coverage and excludes fire legal liability.
which becomes a property coverage extension for 2018)
• New Exclusion QQ: Clarifies that there is no coverage for passenger whose presence in a
vehicle is not in furtherance of the official pursuits of the member.
Law Enforcement Liability definition updated to encompass more job descriptions.
Automobile Physical Damage claims must be reported within 90 days.
COVERAGE ACKNOWLEDGMENT
Member Name: CITY OF RIVERSIDE
Memorandum Number: 1002
1 certify that I am authorized by law to enter into this contract on behalf of the above-referenced
Member("Member Agency") and hereby confirm and accept participation in the Missouri Public
Entity Risk Management Fund and coverage for the Memorandum indicated above with an
effective date of January 1, 2018.
The Member Agency acknowledges and agrees that:
• Coverage is subject to payment of the contribution(s)due;
• Coverage is subject to the terms and conditions of the applicable Memorandum(s)of Coverage
and any and all endorsements thereto, whether said endorsements are made now or at any date in
the future; and
• This agreement will remain in effect during future policy terms unless coverage is cancelled
at Member Agency's request or according to the withdrawal/cancellation provisions of the
Memorandum(s) of Coverage.
• Nothing contained in any solicitation for, or acceptance of, coverage from MOPERM, or the
Memorandum(s) of Coverage or any endorsement thereto, shall be construed to broaden Member
Agency's liability beyond the provisions of Sections 537.600 to 537.610, RSMo, nor to abolish or
waive any defense at law which might otherwise be available to Member Agency or its officers and
employees.
If Member Agency accepts property coverage in addition to liability coverage, Member Agency
understands and agrees that the coverage limits apply on a scheduled by location basis; and no
coverage is extended for any item of property if there is no value scheduled for that item. The
Schedule of Total Property Insured Values shall be the schedule used to determine the limits of
coverage.
Executed this day of 20_.
Title:
(Authorized signature)
This form must be signed and returned by January 15, 2018. Electronic signatures are
acceptable.
If possible, please return via fax(573-751-8276) or email (renewals@moperm.com). Do not
send the paper copy.
If fax or email is not available, please mail to MOPERM Underwriting, P.O. Box 7110,
Jefferson City, MO 65102.
Robin Kincaid
From: policyservices@moperm.com
Sent: Wednesday, November 01, 2017 10:26 AM
To: Robin Kincaid
Subject: 2018 MOPERM Liability Renewal Quote
Attachments: Quote-Renewal.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
In September, MOPERM sent a memo to all members and agents explaining how claims costs have been increasing for
insurance carriers and shared risk pools such as MOPERM and indicating than an overall rate increase was approved for
2018. We have received many questions asking for an average percentage increase, but since each member's risk
profile and loss history are unique,there is no "average"that would give a true representation for any given member.
Typically, MOPERM releases"renewal quotes"on an as-needed basis, but due to the volume of the requests that have
been received,this year we have decided to provide as many renewal quotes as we are able so that our members have
accurate numbers for budget planning purposes.
The entity's liability renewal quote is attached. If the entity is represented by an agent for its coverage,a copy has also
been provided to him or her. The property renewal quote will be sent in a separate email.
Agents, if you are"missing"some renewal quotes,those renewals have not been processed. If you have not submitted
the renewal surveys for your"missing"accounts,we ask that you do so ASAP.
Please note that NO PAYMENT IS DUE AT THIS TIME. Invoices and policy documents will be sent on December 1 as
usual,and payment will be due by January 1.
1
Premium Year Total Rebate
2013 74,159
2014 75,184 4,545
2015 80,696 4,946
2016 85,592 4,342
2017 92,223 2,249
2018 115,517
mlnpM
MISSOURI PUBLIC ENTITY RISK MANAGEMENT FUND
CrrY OF IUVEMIDE SCHEDULE OF COVERED AUTOMOBILES
Memorandum Number: 1002
Policy Period: January 1,2018 to January 1,2019
A Stated Comp Coll Ded. Liability Uoioa Med
Auto# Contrib. C Department Year/Makle/hiodel VIN License#/Asset# Value Ded. Ded. Motorisl Pay
D C=Coverage/NC-No Coverage
4 $449.00 ADMINISTRATION 2007 FORD 1FMYU93107KBO6524 $500 $500 $O C NC
ESCAPE
6 $526.00 ADMINISTRATION 2007 FORD 2FMZA51227BA24807 $500 $500 $0 C NC
FREESTAR
15 $526.00 ADMINISTRATION 2006 JEEP 114GL58K16W100505 $500 $500 $0 C NC
LIBERTY
41 $677.00 ADMINISTRATION 2013 BUICK SGAKVCKD9DJ152808 $500 $500 $0 C NC
ENCLAVE
1972 INTERNATIONAL
38 $1,287.00 EMERGENCY BUS-MOBILE COMMAND 1600IC25HB ci
MANAGEMENT ty plate $500 $500 $0 C NC
UNIT
47 $665.00 FIRE DEPARTMENT 2017 DODGE 106RR7XTXH5SS8189 $500 $500 $0 C NC
RAM CREW CAB TRUCK
13 $526.00 FIRE DEPARTMENT 2006 DODGE 1D4HB58276F190002 $500 $SOO $0 C NC
DURANGO
20 $526.00 FIRE DEPARTMENT 2010 FORD 1FMJKIGSOAEA47678 $500 $500 $0 C NC
EXPEDITION
By: Date: 12-1-2017 M400(Ed.1-17)
CITY OF RIVERSIDE
Memorandum Number: 1002
A Stated Comp Coll Ded. Liability Unius. Med
Auto# Contrib. C Department Year/Makle/Model VIN License#/Anse[# Value Ded. Ded. Motorisl Pay
D Coverage/NC=No Coverage
43 $605.00 FIRE DEPARTMENT 2015 CHEVROLET 1GCIKUEG3FFS06990 $500 $500 $O C NC
SILVERADO
2012 TRAILER
31 $28.00 FIRE DEPARTMENT CASTLE CRAFT 1XTXB1617C1000011 $500 $500 $0 NC NC
UT-850MLLLWT
1 $1,028.00 FIRE DEPARTMENT 1996 FREIGHTLINER 1FVGHLCB2TH704048 $500 $500 $0 C NC
FIRE TRUCK
7 $944.00 FIRE DEPARTMENT 2007 FORD 1FDAWS7P37EA85881 $500 $500 $0 C NC
MINI PUMPER TRUCK
24 $864.00 FIRE DEPARTMENT 2000 HIVE 44KFT4283YWZ29232 $500 $500 $0 C NC
FIRE TRUCK
26 $2,014.00 FIRE DEPARTMENT 2011 PIERCE 4P1CJ01A3BA011483 $500 $500 $0 C NC
FIRE PUMPER
11 $575.00 LAW ENFORCEMENT 2008 FORD 2FAFP71V98X139720 $500 $500 $0 C NC
CROWN VICTORIA
32 $575.00 LAW ENFORCEMENT 2013 FORD 1FAHP2M81DG148S26 $500 $500 $0 C NC
TAURUS
36 $633.00 LAW ENFORCEMENT 2014 DODGE 2C3CDXAT2EH12481S $500 $500 $0 C NC
CHARGER
37 $633.00 LAW ENFORCEMENT 2014 DODGE 2C3CDXAT4EH124816 $500 $500 $0 C NC
CHARGER
52 $633.00 LAW ENFORCEMENT 2015 FORD 1FAHP2MK8FG203682 $S00 $500 $0 C NC
TAURUS
53 $633.00 LAW ENFORCEMENT TAURUS 2015 FORD 1FAHP2MK6FG203681 $500 $500 $0 C NC
By: Date: 12-1-2017 M400(Ed. 1-17)
CITY OF RIVERSIDE
Memorandum Number: 1002
A Stated Comp Coll Ded. Liability Unin& Med
Auto# Contrib. C Department Year/Makle/Model VIN License#/Asset# Value Ded. Ded. Motorisl Pay
D C=Cwemge INC—No Coverage
5 $522.00 LAW ENFORCEMENT 2007 HARLEY DAVIDSON 1HD1FHM157Y622446 $500 $500 $0 C NC
MOTORCYCLE
10 $653.00 LAW ENFORCEMENT 2008 FORD 1FTNE241.88DA14935 $500 $500 $0 C NC
ECONOLINE VAN
16 $653.00 LAW ENFORCEMENT 2008 FORD lFTNE24W38DA67827 $500 $500 $0 C NC
ECONOLINE VAN
40 $699.00 LAW ENFORCEMENT 2014 FORD 1FM5K8ARXEGA70708 City $500 $500 $0 C NC
EXPLORER
49 $813.00 LAW ENFORCEMENT 2017 FORD 1FM5KRAR5HGA62827 $500 $500 $0 C NC
EXPLORER
50 $1,081.00 LAW ENFORCEMENT 2016 CHEVROLET IGNSKDECBGR257188 $500 $500 $0 C NC
TAHOE
44 $972.00 LAW ENFORCEMENT 2015 CHEVROLET 1GNSK2EC1FR514372 $500 $500 $0 C NC
TAHOE
45 $972.00 LAW ENFORCEMENT 2015 CHEVROLET 1GNSK2EC2FR514493 $500 $500 $0 C NC
TAHOE
35 $526.00 PUBLIC SAFETY 2013 CHEVROLET 1GNSK2E04DR265522 $500 $500 $0 C NC
TAHOE
51 $665.00 PUBLIC SAFETY 2016 FORD 1FDBF2A64GEB25839 $500 $500 $0 C NC
F250 TRUCK
12 $526.00 PUBLIC SAFETY 2006 DODGE 1D4HB48296F119605 $500 $500 $0 C NC
DURANGO
27 $526.00 PUBLIC SAFETY 2011 CHEVROLET 1GNSK2EOSBR228217 $500 $500 $0 C NC
TAHOE
By: Date: 12-1-2017 M400(Ed. 1-17)
CITY OF RIVERSIDE
Memorandum Number. 1002
A Stated CompColl DedLiability Uuius. Med
.
Auto# Coatrib. C Deparbneot Year/Mekle/Model VIN License#/Asset# Wlue Ded, Ded. Motorial Pay
D C—Coverage/NC=No Coverage
29 $526.00 PUBLIC SAFETY 2012 CHEVROLET 1GNSK2E09CR327781 $500 $S00 $0 C NC
TAHOE
30 $526.00 PUBLIC SAFETY 2012 CHEVROLET 1GNSK2EOSCR130171 $500 $500 $0 C NC
TAHOE
33 $526.00 PUBLIC SAFETY 2012 FORD 1FT7W2B6XCEC68913 $500 $500 $0 C NC
F250 PICKUP
3 $58.00 PUBLIC SAFETY 2006 ATV 1HFTE330964103310 $500 $500 $0 NC NC
HONDA 4-W HEELER
8 $28.00 PUBLIC SAFETY 2007 TRAILER 13YFS16247CD97763 $500 $500 $0 NC NC
STAR FLATBED
9 $58.00 PUBLIC SAFETY 2008 TRAILER 1WC200F2X82062021 $500 $500 $0 NC NC
WELLS
23 $0.00 PUBLIC SAFETY 2000 TRAILER IDGCS1214YM039817 N/C N/C $0 NC NC
DOOLITTLE
28 $70.00 PUBLIC SAFETY 2012 HONDA IHFTE3301C47D0490 $500 $500 $0 NC NC
4 WHEELER
46 $665.00 PUBLIC WORKS 2017 FORD 1FTBF2B66HEB54084 $500 $500 $0 C NC
F250 TRUCK
54 $665.00 PUBLIC WORKS 2018 FORD 1FTF21E561FA64965 $500 $500 $0 C NC
F350 TRUCK
14 $526.00 PUBLIC WORKS 2008 FORD 1FDWF37R18EC83548 $500 $500 $0 C NC
F350TRUCK
17 $526.00 PUBLIC WORKS 2010 FORD IFDGFSHR3AEA18392 $500 $500 $0 C NC
F550 PICKUP
By: Date: 12-1-2017 M400(Fd. 1-17)
CITY OF RIVERSIDE
Memorandum Number: 1002
A Stated Comp Liability Uuioa Med
Value Ded. Coll Died Ded. Motorlsl Pa
Auto# Contrib. C Department Year/Mskle/Model VIN License#/Asset k Y
D C=Covenge/NC=NoCoverage
18 $526.00 PUBLIC WORKS 2010 FORD 1FDGF5HRIAEA18391 $500 $500 $0 C NC
F550 PICKUP
19 $526.00 PUBLIC WORKS 2010 FORD SFDGF5HR5AEA18393 $500 $500 $0 C NC
FSSO PICKUP
21 $412.00 PUBLIC WORKS 2010 FORD 1FTLR4FE9APA53S13 $500 $500 $0 C NC
RANGER
22 $412.00 PUBLIC WORKS 2010 FORD 1FTLR4FE7APA53512 $500 $500 $0 C NC
RANGER
2 $558.00 PUBLIC WORKS 2002 FREIGHTLINER 1FVABTAK92HJ89465 $500 $SOO $0 C NC
TRUCK
25 $1,675.00 PUBLIC WORKS 2011 ELGIN 1HTMMAAN4BH317938 $500 $500 $0 C NC
CROSSWIND SWEEPER
2013 INTERNATIONAL
34 $1,482.00 PUBLICWORKS DUMPTRUCKW/SNOW 1HTWDAAR2DJ349911 $500 $500 $0 C NC
PLOW&SPREADER
39 $597.00 PUBLIC WORKS 2014 FORD 1FDUFSHT9EEA60599 $500 $500 $0 C NC
FSSO TRUCK
2015 INTERNATIONAL
42 $1,847.00 PUBLIC WORKS C&C W/SNOW REMOVAL 1HTWDAAR7FH69B511 $500 $500 $0 C NC
EQUIPMENT
48 $929.00 PUBLIC WORKS 2016 FORD 1FDUFSHTlGEB06235 $500 $SOO $0 C RNC
FSSO TRUCK
A-ADDITION;C-CHANGE;D-DELETION
Issued by the Missouri Public Entity Risk Management Fund(MOPERM), P.O.Box 7110 Jefferson City Missouri 65102
By: Date: 12-1-2017 M400(Ed. 1-17)
AUTOMOBILE PHYSICAL DAMAGE COVERAGE
A. MOPERM will pay for loss to a covered automobile or its equipment under.
1. Comprehensive Coverage. From any cause except the covered automobile's collision with another object or its overturn.
2. Collision Coverage.Caused by the covered automobile's collision with another object or its overturn.
B. MOPERM WILL NOT COVER(EXCLUSIONS).
This memorandum does not apply to:
1. Wear and tear,freezing,mechanical or electrical breakdown unless caused by other loss covered by this memorandum.
2. Blowouts, punctures or other road damage to tires unless caused by other loss covered by this memorandum.
3. Loss caused by declared or undeclared war or insurrection or any of their consequences.
4. Loss caused by the explosion of a nuclear weapon or its consequences.
5. Loss caused by radioactive contamination.
6. Loss to tape decks, compact disc players, or other sound reproducing equipment not permanently installed in a covered
automobile.
7. Loss to tapes, discs, records or other sound reproducing or storage devices designed for use with sound reproducing
equipment.
8. Loss to any sound receiving equipment designed for use as a citizens' band radio, two-way mobile radio or telephone or
scanning monitor receiver, including its antennas and other accessories, unless permanently installed in the dash or console
opening normally used by the automobile manufacturer for the installation of a radio.
C. HOW MOPERM WILL PAY FOR LOSSES-THE MOST MOPERM WILL PAY.
1. At MOPERM's option,MOPERM may:
a. Pay for, repair or replace damaged or stolen property;or
b. Return the stolen property, at MOPERM's expense.MOPERM will pay for any damage that results to the automobile
from the theft.
2. The most MOPERM will pay for loss is the smaller of the following amounts:
a. The actual cash value of the damaged or stolen property at the time of loss;or
b. The cost of repairing or replacing the damaged or stolen property with other of like kind or quality.
3. For each covered automobile, MOPERM's obligation to pay for repair, return or replace damaged or stolen property will
be reduced by the applicable deductible shown in the Schedule of Covered Automobiles.
D. LOSS PAYABLE CLAUSE.
1. Loss will be adjusted with and payable to Member Agency, or as may be directed by Member Agency.Additional covered
party interests will also be Included in loss payment as their interests may appear when named as loss payee in the
Statements of Coverage on file with MOPERM.
2. The coverage includes the interest of the loss payee unless the loss results from fraudulent acts or omissions on the
Member Agency's part.
3. MOPERM may cancel the coverage as allowed by Wrthdrawal/Cancellation. Cancellation ends this agreement as to the loss
payee's interest. If MOPERM cancels the coverage MOPERM will mail the Member Agency and the loss payee the same
advance notice.
4. If MOPERM makes any payment to the loss payee,MOPERM will obtain the loss payee's rights against any other party.
E. GLASS BREAKAGE-HITTING A BIRD OR ANIMAL-FALLING OBJECTS OR MISSILES.
MOPERM will pay for glass breakage, loss caused by hitting a bird or animal or by falling objects or airborne objects under
Comprehensive Coverage if the Member Agency carries Comprehensive Coverage for the damaged automobile.
However, the Member Agency has the option of having glass breakage caused by a covered automobile's collision or
overturn considered a loss under Collision Coverage.
F. TO RECOVER FOR LOSS TO A COVERED AUTOMOBILE OR ITS EQUIPMENT, THE MEMBER AGENCY MUST DO
THE FOLLOWING:
1. Permit MOPERM to inspect and appraise the damaged property before its repair or disposition.
2. Do what is reasonably necessary after loss at MOPERM's expense to protect the covered automobile from further loss.
3. Submit a proof of loss to MOPERM within ninety(90) consecutive calendar days after the date of loss, unless that time is
extended in writing by MOPERM.
4. Promptly notify the police if the covered automobile or any of its equipment is stolen.
G. MOPERM's RIGHT TO RECOVER FROM OTHERS.
If MOPERM makes any payment,MOPERM is entitled to recover what MOPERM paid from other parties.Any person to or for
whom MOPERM makes payment must transfer to MOPERM his or her rights of recovery against any other party.This person
must do everything necessary to secure these rights and must do nothing that would jeopardize those rights.
H. NO BENEFIT TO BAILEE-PHYSICAL DAMAGE INSURANCE ONLY.
MOPERM will not recognize any assignment or grant any coverage for the benefit of any person or organization holding,storing
or transporting property for a fee regardless of any other provisions of this Memorandum.
I. APPRAISAL FOR PHYSICAL DAMAGE LOSSES.
1. If the Member Agency and MOPERM fail to agree as to the amount of loss, either may demand an appraisal of the loss. In
such event, the Member Agency and MOPERM shall each select a competent appraiser, and the appraisers shall select a
competent and disinterested umpire. The appraisers shall state separately the actual cash value and the amount of loss,
and, failing to agree, shall submit their differences to the umpire.A derision in writing agreed to by any two shall determine
the amount of lose. The Member Agency and MOPERM shall each pay their chosen appraiser and shall bear equally the
other expenses of the appraisal and umpire.
2. MOPERM shall not be held to have waived any of its rights by any art relating to appraisal.
Issued by Missouri Public Entity Risk Management Fund(MOPERM), P.O. Box 7110,Jefferson City,MO 65102.
M401(Ed. 1-18)
UNINSURED MOTORIST COVERAGE
A. WORDS AND PHRASES WITH SPECIAL MEANING
In addition to the WORDS AND PHRASES WITH SPECIAL MEANING in the Memorandum, the following words and
phrases have special meaning for UNINSURED MOTORISTS COVERAGE:
1. Occupying means in,upon,getting in,on,out or off.
2. Uninsured motor vehicle means a land motor vehicle.
a. For which there is no applicable liability bond or policy at the time of an accident,or
b. For which an insuring or bonding company denies coverage; or is or becomes insolvent and is not covered by an
insurance guaranty association,or
c. Which is a hit-and-run vehicle which causes bodily Injury to a Covered Party without hitting the Covered
Party,a covered automobile or a vehicle the Covered Party is occupying. If there is no physical contact with
the hit-and-run vehicle, the facts of the accident must be proved. MOPERM may require supporting evidence
other than the testimony of a person making a claim under this or any similar coverage to support the validity of
such a claim.
However, uninsured motor vehicle does not include any vehicle:
a. Owned or operated by a self-insurer under any applicable motor vehicle law.
b. Owned by a government unit or agency.
c. Designed for use mainly off public roads while not on public roads.
B. MOPERM WILL PAY
Subject to the minimum limits required by applicable law and the limits provided by Section E, MOPERM will pay all,sums
the Covered Party is legally entitled to recover as damages from the owner or driver of an uninsured motor vehicle.
The damages must result from bodily Injury sustained by the Covered Party caused by an accident. The owner's or
driver's liability for these damages must result from the ownership,maintenance or use of the uninsured motor vehicle.
C. MOPERM WILL NOT COVER-EXCLUSIONS
This coverage does not apply to:
1. Any claim settled without MOPERM's consent.
2. Anyone using a vehicle without a reasonable belief that the person is entitled to do so.
D. WHO IS COVERED
1. Anyone occupying a covered automobile or a temporary substitute for a covered automobile. The covered
automobile must be out of service because of its breakdown, repair,servicing, loss or destruction.
2. Anyone for damages he is entitled to recover because of bodily Injury sustained by another Covered Party.
E. MOPERM'S LIMIT OF LIABILITY
1. Regardless of the number of Covered Parties, claims made or vehicles involved in the accident,the most MOPERM
will pay for all damages resulting from any one accident is the limit of UNINSURED MOTORISTS COVERAGE shown
on the Memorandum of Coverage Declarations.
The Limit of Liability shown in the Schedule for this coverage is also the most MOPERM will pay regardless of the
number of covered automobiles.
Issued by Missouri Public Entity Risk Management Fund(MOPERM),P.O.Box 7110,Jefferson City,MO 65102. M402(Ed.1-17)
2. The Limit of Liability under this uninsured motorist coverage shall be reduced by all sums paid by or for anyone who
is legally responsible,including all sums paid under the Memorandum's LIABILITY COVERAGE.
3. Any amount paid under this coverage will reduce any amount a Covered Party may be paid under the
memorandum's LIABILITY COVERAGE.
F. CHANGES IN CONDITIONS
The CONDITIONS of the Memorandum are changed for UNINSURED MOTORISTS COVERAGE as follows:
1. The reference in OTHER COVERAGE to other "collectible coverage" applies only to other collectible uninsured
motorists coverage.
2. SUBROGATION is changed by adding the following:
If MOPERM makes a payment under this uninsured motorist coverage and the Covered Party recovers from another
party,the Covered Party shall hold the proceeds in trust for MOPERM and pay MOPERM back the amount received
by the Covered Party but not to exceed the amount MOPERM has paid under this coverage.
G. ARBITRATION
The Covered Party shall not be required to arbitrate disputed claims.
Issued by Missouri Public Entity Risk Management Fund(MOPERM),P.O.Box 7110,Jefferson City,MO 85102. M402(Ed.1-17)
AUTOMOBILE FLEET-NONAUDITABLE
Vehicles acquired after the effective date of the memorandum are automatically covered without adjustment to the
annual contribution as long as the desired coverage already exists on the policy. At each annual renewal Member
Agency is responsible for providing an up-to-date schedule of all vehicles.Schedule shall be in the required format.
In the event of a claim involving a newly-acquired vehicle, proof of ownership must be provided. Such proof must
include date of acquisition.
Issued by Missouri Public Entity Risk Management Fund(MOPERM),P.O.Box 7110,Jefferson City,MO 65102.
M407(Ed. 1-16)
EMPLOYEE BENEFIT LIABILITY ENDORSEMENT
It is hereby understood and agreed that Employee Benefit Liability Including a$1,000 deductible per occurrence(11111300) is being
provided by this Memorandum of Coverage.
Exclusion DD of the Memorandum of Coverage is amended to read as follows:
"Liability imposed under the Employee Retirement Income Security Act of 1974 or any law mandatory thereof or any similar law or
liability arising out of fiduciary activities as respects employee benefit plans. However, this exclusion does not apply to the
administration of employee benefit plans."
Administration is defined as(a)giving advice to employees,their dependents and beneficiaries; (b)interpreting the provisions of the
Member Agency's employee benefit plan; (c) handling records in connection with the Member Agency's employee benefit plan; (d)
effecting enrollment, termination or cancellation of employees under the Member Agency's employee benefit plans provided such
acts are done by a person authorized by the Member Agency.
All other terms and conditions remain the same.
Issued by Missouri Public Entity Risk Management Fund(MOPERM), P.0.Box 7110,Jefferson City,MO 65102.
M603(Ed. 1-18)
CYBER & INFORMATION BREACH
COVERAGE ENDORSEMENT
Paragraphs 1., 3., 4. and 5. of SECTION I — COVERAGE AGREEMENTS provide coverage on a claims made and
reported basis and apply only to claims first made and reported to the"Member Agency" during the "coverage period" or
the Optional Extension Period (if applicable). Amounts incurred as 'claims expenses" under this policy shall reduce and
may exhaust the Limit of Liability and are subject to the Deductible.
Paragraphs 2., 6., 7. and 8. of SECTION 1 — COVERAGE AGREEMENTS provide first party coverage on an incident
discovered and reported basis and apply only to incidents first discovered and reported to us during the"coverage period°.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This Endorsement modifies insurance provided under the
MOPERM Liability Memorandum of Coverage("Memorandum of Coverage")
This Cyber & Information Breach Coverage 1. Information Security And Privacy Liability
Endorsement is being added to the Memorandum of We will pay on behalf of the "Member Agency",
Coverage and the terms and conditions of this "damages" and "claims expenses", in excess of
Endorsement govern the scope of coverage and the Deductible, which the "Member Agency' shall
"your'and"our"duties. become legally obligated to pay because of any
Throughout this Endorsement, the words "you' and "claim", including a "claim' for a violation of a
"your' refer to the "Member Agency" shown in the °privacy lav", first made against any "covered
Supplemental Declarations of this Endorsement and party" during the "coverage period" or Optional
any other person(s) or organization(s) qualifying as a Extension Period (if applicable) and reported in
.covered party" under this Endorsement. The words writing to us during the "coverage period" or as
"we', "us' and 'our' refer to the company providing otherwise provided in SECTION VIII — NOTICE
this coverage. AND DUTIES IN THE EVENT OF A CLAIM,
LOSS OR CIRCUMSTANCE THAT MIGHT
This Endorsement amends the Memorandum of LEAD TO A CLAIM for:
Coverage to provide cyber liability and data breach a. Theft, loss, or "unauthorized disclosure" of
response coverage on a claims made and reported "personally identifiable information" or "third
basis. Various provisions in this Endorsement restrict party information" that is in the care, custody
coverage. Read the entire Endorsement carefully to or control of the "Member Agency, or a third
determine your rights and duties and what is and is party for whose theft, loss or "unauthorized
not covered. The terms, conditions, exclusions, and disclosure" of "personally identifiable
limits of coverage set forth in this Endorsement apply information" or "third party information" the
only to the coverage provided by this Endorsement. "Member Agency" is legally liable (a third
Words and phrases that appear in quotation marks party shall include a "business associate" as
have special meaning. Refer to SECTION XI — defined by the Health Insurance Portability
DEFINITIONS. To the extent any words or phrases and Accountability Act, provided such theft,
used in this Endorsement are defined elsewhere in loss or "unauthorized disclosure" first takes
the Policy, such definitions provided elsewhere do not place on or after the Retroactive Date and
apply to give meaning to the words or phrases used in before the end of the"coverage period";
this Endorsement. b. One or more of the following acts or incidents
The terms and conditions of the Cancellation that directly result from a failure of'computer
Condition of the MEMORANDUM OF COVERAGE security" to prevent a "security breach",
and any amendment to such terms are incorporated provided such theft, loss or "unauthorized
herein and shall apply to coverage as is afforded by disclosure" first takes place on or after the
this Endorsement, unless specifically stated otherwise Retroactive Date and before the end of the
in an endorsement(s)attached hereto. °coverage period":
1. The alteration, corruption, destruction,
SECTION I—COVERAGE AGREEMENTS deletion, or damage to data stored on
Coverage is provided under the following Coverage "computer systems";
Agreements for which an Aggregate Limit of Liability It. The failure to prevent transmission of
is shown in the Supplemental Declarations: °malicious code" from "computer
systems" to computer or network
CYBER&INFORMATION BREACH COVERAGE ENDORSEMENT M901 (Ed.1-17) Page 1 of 18
systems that are not owned, operated 2 Privacy Breach Response Services
or controlled by a"covered party"; or
ill. The participation by the "Member We will provide "privacy breach response
Agency's" "computer system" in a services" to the "Member Agency", in excess of
"denial of service attack" directed the Deductible, because of an Incident, or a
against a computer or network systems reasonably suspected incident, described in
that are not owned, operated or Paragraphs a. or b. of SECTION 1—COVERAGE
controlled by a"covered party'; AGREEMENTS, 1. Information Security And
c. The "Member Agency's" failure to timely Privacy Liability, that first takes place on or after
disclose an incident described in Paragraphs the Retroactive Date and before the and of the
1.a. or 1.b. in violation of any "breach notice "coverage period" and is discovered by the
law", provided such incident giving rise to the "Member Agency" and is reported in writing to us
"Member Agency's" obligation under a during the "coverage period". Privacy Breach
"breach notice law" must first take place on or Response Services includes:
after the Retroactive Date and before the end a. Computer expert services";
of the"coverage period"; b. "Legal services";
d. Failure by the "Member Agency" to comply c. "Public relations and crisis management
with that part of a "privacy policy" that expenses".
specifically: Paragraphs 2.a.-c. are subject to a monetary limit
I. Prohibits or restricts the "Member in excess of the Deductible as noted in the
Agency's" disclosure, sharing or selling Supplemental Declarations.
of a person's "personally identifiable d. ONotification services" to provide notification
information"; to:
ii. Requires the "Member Agency" to I. Individuals who are required to be notified
provide access to "personally by the "Member Agency( under the
identifiable information" or tocorrect applicable"breach notice law"; or
incomplete or inaccurate "personalty ti. Individuals who we have determined have
identifiable information" after a request been affected by n incident in which
their "personally identifiable information°
is made by a person; or has been subject to theft, loss, or
ill. Mandates procedures and unauthorized disclosure" in a manner
requirements to prevent the loss of "
"personally identifiable information"; which compromises the security or
Provided the acts, errors or omissions that privacy of such individual by posing a
significant
constitute such failure to comply with a ficant risk of financial, reputational or
"privacy policy" must first take place on orother harm to the individual;
after the Retroactive Date and before the end e. "Call center services"; and
of the "coverage period", and the "Member f. "Breach resolution and mitigation services".
Agency' must, at the time of such acts, errors Paragraphs 2.d.-f. are subject ti maximum
or omissions have in force a "privacy policy" notified individual limit and the Deductible
ctible noted in
that addresses those subsections d.i.-d.iii. the Supplemental Declarations.
above that are relevant to such"claim": 3. Regulatory Defense And Penalties
e. Failure by the "Member Agency" to We will pay on behalf of the "Member Agency"
administer: "claims expenses" and "penalties", in excess of
I. An identity theft prevention program as the Deductible, which the "Member Agency" shall
required by regulations and guidelines become legally obligated to pay because of any
promulgated pursuant to 15 U.S.C. claim" in the form of a "regulatory proceeding'
§1681m(e), as amended, or first made against any "covered party" during the
ii. An information disposal program "coverage period' or the Optional Extension
required by regulations and guidelines Period (if applicable) and reported in writing to us
promulgated pursuant to 15 U.S.0 during the "coverage period", or as otherwise
§1681w,as amended; provided in SECTION VIII — NOTICE AND
Provided the acts, errors or omissions that DUTIES IN THE EVENT OF A CLAIM, LOSS OR
constitute such failure must first take place on CIRCUMSTANCE THAT MIGHT LEAD TO A
or after the Retroactive Date and before the CLAIM, for a violation of a "privacy law" and
end of the"coverage period". caused by an incident described in Paragraphs a.,
b. or c. of SECTION 1 — COVERAGE
AGREEMENTS, 1. Information Security And
Privacy Liability that first takes place on or after
CYBER&INFORMATION BREACH COVERAGE ENDORSEMENT M901 (Ed.1-17) Page 2 of 18
the Retroactive Date and before the end of the g Cyr Extortion
"coverage period". We will indemnify the"Member Agency"for"cyber
4. Website Media Content Liability extortion loss", in excess of the Deductible, which
We will pay on behalf of the "Member Agency" the"Member Agency"pays as a direct result of an
"damages" and "claims expenses", in excess of "extortion threat" first made against the "Member
the Deductible, which the "Member Agency" Agency" on or after the Retroactive Date and
becomes legally obligated to pay because of a before the end of the "coverage period" by a
"claim" first made against the "Member Agency" person, other than the "Member Agency's"
during the "coverage period" or the Optional employees, directors, officers, principals,trustees,
Extension Period (if applicable), and reported in governors, "managers", members, management
writing to us during the "coverage period", or as committee members, members of the
otherwise provided in SECTION VIII — NOTICE management board, partners, contractors,
AND DUTIES IN THE EVENT OF A CLAIM, outsourcers, or any person in collusion with any of
LOSS OR CIRCUMSTANCE THAT MIGHT the foregoing, and reported to us in writing before
LEAD TO A CLAIM, that arises out of one or the end of the "coverage period". We will not pay
more of the following acts first committed on or for "cyber extortion loss'which is part of a series
after the Retroactive Date and before the end of of related threats that began prior to the
the "coverage period" in the course of the "coverage period".
"Member Agency's"display of"media material"on 7. First Party Data Protection
its website or on social media web pages created We will indemnify the"Member Agency"for"data
and maintained by or on behalf of the "Member protection loss", in excess of the Deductible,
Agency": which the "Member Agency" pays as a direct
a. Defamation, libel, slander,trade libel, infliction result of one or more of the following that first
of emotional distress, outrage, outrageous takes place on or after the Retroactive Date and
conduct, or other tort related to before the end of the"coverage period":
disparagement or harm to the reputation or a. Alteration, corruption, destruction, deletion or
character of any person or organization; damage to a"data asset", or
b. A violation of the rights of privacy of an b. Inability to access a"data asset"
individual, including false light and public and is directly caused by a failure of "computer
disclosure of private facts; security" to prevent a "security breach", provided,
c. Invasion of or interference with an individual's that such "security breach" must take place on or
right of publicity, including commercial after the Retroactive Date and before the end of
appropriation of name, persona, voice or the "coverage period" and is reported to us in
likeness; writing before the end of the"coverage period".
d. Plagiarism, piracy or misappropriation of
ideas under implied contract; S. First Party Network Business Interruption
e. Infringement of copyright; We will indemnify the "Member Agency" for
f. Infringement of domain name, trademark, "business interruption loss", in excess of the
trade name, trade dress, logo, title, metatag, Deductible, incurred by the "Member Agency'
slogan, service mark, service name; or during the"period of restoration" or the"extended
g. Improper deep-linking or framing within interruption period" (if applicable) as a direct
electronic content. result of the actual and necessary interruption or
S. PCI Fines,Expenses And Costs suspension of"computer systems" that first takes
place during the "coverage period" and is directly
We will indemnify the "Member Agency' for "PCI
caused by a failure of "computer security' to
Fines, Expenses, and Costs", in excess of the
Deductible, which the "Member Agency" shall prevent a "security breach", provided that such
security breach" must first take place on or after
become legally obligated to pay because of a the Retroactive Date and before the end of the
"claim" first made against any covered party" coverage period" and is reported to us in writing
during the "coverage period" or Optional during the"coverage period".
Extension Period (if applicable) and reported in
writing to us during the "coverage period" or as SECTION II — DEFENSE AND SETTLEMENT OF
otherwise provided under this Coverage CLAIMS
Agreement. 1. We shall have the right and duty to defend:
We have no duty to defend any "claim" or to pay a. Any "claim" against the "Member Agency"
any "claims expenses" associated with a "claim" seeking "damages" even if any of the
brought under this section. allegations of the"claim"are groundless,false
or fraudulent; or
CYBER&INFORMATION BREACH COVERAGE ENDORSEMENT M801 (Ed. 147) Page 3 of 18
b. Under SECTION I — COVERAGE 5. An employee of the "Member Agency", but only
AGREEMENTS, 3. Regulatory Defense And for work done while acting within the scope of
Penalties, any "claim" in the form of a their employment and related to the conduct of
"regulatory proceeding'. the"Member Agency's"business;
Selection of defense counsel shall be mutually S. A principal if the "Member Agency" is a sole
agreed upon between the "Member Agency" and proprietorship, or a partner if the "Member
us; however, in the absence of such agreement, Agency is a partnership, but only with respect to
our decision shall be final. the performance of their duties as such on behalf
2. With respect to any "claim' against the "Member of the"Member Agency';
Agency" seeking "damages" or "penalties" which 7. Any person previously qualified as a "covered
are payable under this Endorsement, we will pay party" under Paragraphs 2., 3. or 4. of this section
"claims expenses" incurred with our prior written prior to the termination of the required relationship
consent. The Limit of Liability available to pay with the "Member Agency", but only with respect
"damages' and "penalties" shall be reduced and to the performance of their duties as such on
may be completely exhausted by payment of behalf of the"Member Agency";
'Claims expenses'. "Damages, "penalties" and 8. The estate, heirs, executors, administrators,
"claims expenses" shall be applied against the assigns and legal representatives of any"covered
Deductible payable by the"Member Agency". party" in the event of such "covered party's"
3. If the"Member Agency' refuses to consent to any death, incapacity, insolvency or bankruptcy, but
settlement or compromise recommended by us only to the extent that such "covered party"would
and acceptable to the claimant and elects to otherwise be provided coverage under this
contest the"claim", our liability for any"damages", Endorsement; and
"penalties", and/or "claims expenses' shall not 9. The lawful spouse, including any natural person
exceed the lesser of: qualifying as a domestic partner under the
a. The amount for which the "claim" could have provisions of any applicable federal, state, or local
been settled, less the remaining Deductible, law in the United States, of any "covered party",
plus the "claims expenses' incurred up to the but solely by reason of any act, error or omission
time of such refusal; or of a "covered party" other than such spouse or
b. The applicable Limit of Liability, whichever is domestic partner.
less, and we shall have the right to withdraw
from further defense by tendering control of SECTION IV—EXCLUSIONS
said defense to the "Member Agency'. The This coverage does not apply to any"claim"or"loss":
portion of any proposed settlement or 1. Arising out of or resulting from:
compromise that requires the "Member a. Physical injury, sickness, disease or death of
Agency' to cease, limit or refrain from actual any person, including any mental anguish or
or alleged infringement or otherwise injurious emotional distress resulting from such
activity or is attributable to future royalties or physical injury, sickness, disease or death; or
other amounts that are not "damages" (or b. Physical injury to or destruction of any
"penalties' for "claims" covered under tangible property, including the loss of use
SECTION 1 — COVERAGE AGREEMENTS, thereof; provided that electronic data shall not
3. Regulatory Defense and Penalties) shall be considered tangible property for purposes
not be considered in determining the amount of this exclusion;
for which a"claim"could have been settled. 2. Arising out of or resulting from any contractual
liability or obligation or arising out of or resulting
SECTION III—WHO IS A COVERED PARTY from breach of contract or agreement, either oral
Whether expressed in the singular or plural, "Covered or written; however,this exclusion will not apply:
Party'shall mean: a. With respect only to the coverage provided
1. The "Member Agency" and any "subsidiaries' of pursuant to Paragraph a. of SECTION I —
the "Member Agency' (together the "Member COVERAGE AGREEMENTS, 1. Information
Agency"); Security And Privacy Liability, to any
2. Any elected or appointed official of the "Member obligation of the "Member Agency" to
Agency"; maintain the confidentiality or security of
3. Any member of Boards or Commissions of the "personally identifiable information"or of"third
Member Agency; party information";
4. A director, manager of a limited liability company b. With respect only to Paragraph d. of
("manager) or officer of the "Member Agency', SECTION I — COVERAGE AGREEMENTS,
but only with respect to the performance of their 4. Website Media Content Liability, for
duties as such on behalf of the"Member Agency%
CYBER&INFORMATION BREACH COVERAGE ENDORSEMENT M901 (Ed.1-17) Page 4 of 18
misappropriation of ideas under implied 7. Arising out of or resulting from any actual or
contract; or alleged:
c. To the extent the "Member Agency" would a. Infringement of patent or patent rights or
have been liable in the absence of such misuse or abuse of patent or patent rights;
contract or agreement; b. Infringement of copyright arising from or
3. Arising out of or resulting from any actual or related to software code or software products
alleged false, deceptive or unfair trade practices; other than infringement resulting from a theft
however,this exclusion does not apply to: or "unauthorized access or use' of software
a. Any "claim" covered under Paragraphs a., b. code by a person who is not a"related party";
or c. of SECTION I — COVERAGE c. Use or misappropriation of any ideas, trade
AGREEMENTS, 1. Information Security secrets or "third party corporate information"
And Privacy Liability or SECTION I — by, or on behalf of, the "Member Agency", or
COVERAGE AGREEMENTS, 3. Regulatory by any other person or entity if such use or
Defense And Penalties; or misappropriation is done with the knowledge,
b. The provision of "privacy breach response consent or acquiescence of a member of the
services" covered under SECTION I — "control group%
COVERAGE AGREEMENTS, 2. Privacy d. Disclosure, misuse or misappropriation of any
Breach Response Services; ideas, trade secrets or confidential
4. Arising out of or resulting from the actual or information that came into the possession of
alleged unlawful collection, acquisition or any person or entity prior to the date the
retention of "personally identifiable information" person or entity became an employee, officer,
(except as otherwise covered under Paragraph e. director, "manager°, principal, partner or
of SECTION 1 —COVERAGE AGREEMENTS, 1. "subsidiary"of the"Member Agency"; or
Information Security And Privacy Liability) or e. Under Paragraph b. of SECTION I —
other personal information by, on behalf of, or COVERAGE AGREEMENTS, 1. Information
with the consent or cooperation of the "Member Security And Privacy Liability, theft of or
Agency or the failure to comply with a legal "unauthorized disclosure'of a"data asset";
requirement to provide individuals with the ability 8. In connection with or resulting from a "claim"
to assent to or withhold assent (e.g. opt-in or opt- brought by or on behalf of the Federal Trade
out) from the collection, disclosure or use of Commission, the Federal Communications
"personally identifiable information", provided that Commission, or any other state, federal, local or
this exclusion shall not apply to the actual or foreign governmental entity, in such entity's
alleged unlawful collection, acquisition or regulatory or official capacity; provided, this
retention of"personally identifiable information"by exclusion shall not apply to an otherwise covered
a person or entity that is not a"related party and "claim" under SECTION I — COVERAGE
without the knowledge of the"Member Agency"; AGREEMENTS, 3. Regulatory Defense And
S. Arising out of or resulting from any act, error, Penalties or to the provision of "privacy breach
omission, incident, failure of "computer security", response services" under SECTION I —
or"security breach"committed during or occurring COVERAGE AGREEMENTS, 2. Privacy Breach
prior to the"inception date"of this coverage: Response Services to the extent such services
a. If any member of the "control group" on or are legally required to comply with a "breach
before the "continuity date" knew or could notice law
have reasonably foreseen that such act, error 9. Arising out of or resulting from a "claim" by or on
or omission, incident, failure of "computer behalf of one or more"covered parties' under this
security", or "security breach" might be Endorsement against any other "covered party"
expected to be the basis of a"claim" or"loss"; under this Endorsement, provided this exclusion
or shall not apply to an otherwise covered "claim"
b. With respect to any "covered party who has under Paragraphs a., b. or c. of SECTION I —
given notice of a circumstance which might COVERAGE AGREEMENTS, 1. Information
lead to a"claim" or"loss", to MOPERM of any Security And Privacy Liability made by a
other policy in force prior to the inception date current or former employee of the "Member
of this coverage; Agency";
S. Arising out of or resulting from any related or 10. Arising out of or resulting from:
continuing acts, errors, omissions, incidents or a. Any "claim" made by any business enterprise
events, where the first such act, error, omission, in which any "covered" has greater than a
incident or event was committed or occurred prior fifteen percent (15%) ownership interest or
to the Retroactive Date; made by any parent company or other entity
CYBER&INFORMATION BREACH COVERAGE ENDORSEMENT M901 (Ed.1-17) Page 6 of 18
which owns more than fifteen percent (15%) out of failure of"computer security"to prevent
of the"Member Agency"; or a "security breach" that was solely caused by
b. The "covered party's" activities as a trustee, a failure or malfunction of telecommunication
partner, member, "manager", officer, director infrastructure or services under the "Member
or employee of any employee trust, charitable Agency's'direct operational control;
organization, corporation, company or b. Fire, flood, earthquake, volcanic eruption,
business other than that of the "Member explosion, lightning, wind, hail, tidal wave,
Agency"; landslide, act of God or other physical event;
11. Arising out of or resulting from: or
a. The actual or alleged obligation to make C. Any satellite failures;
licensing fees or royalty payments; 14. With respect to SECTION I — COVERAGE
b. Any costs or expenses incurred or to be AGREEMENTS, S. Cyber Extortion arising out
incurred by the "Member Agency" or others of or resulting from:
for the reprinting, reposting, recall, removal or a. any threat to physically harm or kidnap any
disposal of any "media material" or any other person; or
information, content or media, including any b. any threat to harm, take, or transfer property
media or products containing such "media other than any "data asset", even if such
material", information, content or media; threat is made in conjunction with a threat to a
c. Any "claim" brought by or on behalf of any "data asset" or by carrying out such threat to,
intellectual property licensing bodies or harm, theft, or transfer, a"data asset' may be
organizations; damaged, corrupted, altered, taken,
d. The actual or alleged inaccurate, inadequate disseminated or transferred;
or incomplete description of the price of 15. With respect to SECTION I — COVERAGE
goods, products or services, cost guarantees, AGREEMENTS, S. First Party Network
cost representations, or contract price Business Interruption, arising out of or resulting
estimates, the authenticity of any goods, from the failure to prevent a "security breach" of
products or services, or the failure of any computer security" that is operated by a third
goods or services to conform with any party service provider and used for the purpose of
represented quality or performance; providing hosted computer application services to
e. Any actual or alleged gambling, contest, the 'Member Agency" or for processing,
lottery, promotional game or other game of maintaining, hosting or storing the "Member
chance; or Agency's" electronic data, pursuant to written
f. Any "claim" made by or on behalf of any contract with the "Member Agency" for such
independent contractor, joint venture or services, provided such coverage is subject to the
venture partner arising out of or resulting from sublimit of liability set forth in the Supplemental
disputes over ownership of rights in "media Declarations;
material' or services provided by such 16. Arising out of or resulting from any seizure,
independent contractor, joint venture or nationalization, confiscation, or destruction of
venture partner; "computer systems" or "data assets' by order of
12. With respect to SECTION I — COVERAGE any governmental or public authority;
AGREEMENTS, 6. Cyber Extortion, 7. First 17. Arising out of or resulting from, directly or
Party Data Protection and S. First Party indirectly occasioned by, happening through or in
Network Business Interruption, arising out of consequence of: war, invasion, acts of foreign
or resulting from any criminal, dishonest, enemies, hostilities (whether war be declared or
fraudulent, or malicious act, error or omission, any not), civil war, rebellion, revolution, insurrection,
"security breach", "extortion threat", or intentional military or usurped power or confiscation or
or knowing violation of the law, if committed by nationalization or requisition or destruction of or
any member of the "control group" or any person damage to property by or under the order of any
in participation or collusion with any member of government or public or local authority.
the"control group";
13. With respect to SECTION I — COVERAGE SECTION V — LIMIT OF LIABILITY AND
AGREEMENTS, 7. First Party Data Protection COVERAGE
and 8. First Party Network Business 1. The Policy Aggregate Limit of Liability set forth in
Interruption, arising out of or resulting from: the Supplemental Declarations is our combined
a. Any failure or malfunction of electrical or total limit of liability for all "damages", penatties",
telecommunication infrastructure or services, "PCI Fines, Expenses, and Costs", "cyber
provided that this exclusion shall not apply to extortion loss", "data protection loss", "business
any otherwise covered"claim'or"loss"arising
CYBER&INFORMATION BREACH COVERAGE ENDORSEMENT M801 (Ed.1-17) Page 6 of 18
interruption loss" and "claims expenses" payable defense of any"claim" under this Endorsement by
under this Endorsement. tendering control of said defense to the "Member
2. The Regulatory Defense and Penalties sublimit of Agency."
liability stated in the Supplemental Declarations is 10. The "noted individuals" limit stated in the
the aggregate sublimit of liability payable under Supplemental Declarations is the maximum total
SECTION I — COVERAGE AGREEMENTS, 3. number of "notified individuals" to whom
Regulatory Defense And Penalties of this notification will be provided or attempted for all
Endorsement and is part of and not in addition to incidents or series of related incidents giving rise
the Policy Aggregate Limit of Liability. to an obligation to provide "notification services",
3. The"PCI Fines, Expenses, and Costs" sublimit of "call center services' or "breach resolution and
liability stated in the Supplemental Declarations is mitigation services".
the aggregate sublimit of liability payable under 11. The aggregate limit of coverage stated for
SECTION 1 — COVERAGE AGREEMENTS, S. computer expert services", "legal services, and
PCI Fines, Expenses, And Costs of this "public relations and crisis management services"
Endorsement and is part of and not in addition to in the Supplemental Declarations is the aggregate
the Policy Aggregate Limit of Liability. limit of coverage for all "computer expert
4. The Cyber Extortion sublimit of liability stated in services", "legal services" and "public relations
the Supplemental Declarations is the aggregate and crisis management services" combined. This
sublimit of liability payable under SECTION I — is a separate limit, apart from, and in addition to
COVERAGE AGREEMENTS, S. Cyber the Policy Aggregate Limit of Liability.
Extortion of this Endorsement and is part of and 12. If the total number of notifications made pursuant
not in addition to the Policy Aggregate Limit of to Paragraph d. of SECTION I — COVERAGE
Liability. AGREEMENTS, 2. Privacy Breach Response
S. The First Party Data Protection sublimit of liability Services aggregates to more than the "Notified
stated in the Supplemental Declarations is the Individuals" the Limit of Liability stated in the
aggregate sublimit of liability payable under Supplemental Declarations, the"Member Agency"
SECTION I — COVERAGE AGREEMENTS, 7. will be responsible for paying for "privacy breach
First Party Data Protection of this Endorsement response services" with respect to any excess
and is part of and not in addition to the Policy notification, and such costs will not be covered
Aggregate Limit of Liability. under this Endorsement. If an incident involves
6. The First Party Network Business Interruption notifications made pursuant to Paragraph c. of
sublimit of liability stated in the Supplemental SECTION I — COVERAGE AGREEMENTS, 2.
Declarations is the aggregate sublimit of liability Privacy Breach Response Services both within
payable under SECTION I — COVERAGE the "noted individuals" Limit of Coverage stated
AGREEMENTS, 8. First Party Network in the Supplemental Declarations and in excess of
Business Interruption of this Endorsement and such limit, all excess notifications will be provided
is part of and not in addition to the Policy by the same service provider that provides
Aggregate Limit of Liability. "notification services" covered under this
7. Neither the inclusion of more than one "covered Endorsement, and the costs will be allocated
party" under this Endorsement, nor the making of between "us" and the "Member Agency" pro rata
"claims" by more than one person or entity shall based on the number of covered and non-covered
increase the Limit of Liability. notifications.
8. The Limit of Liability for the Optional Extension 13. Unless otherwise specified in this Endorsement,
Period shall be part of and not in addition to the "privacy breach response services" will be
Policy Aggregate Limit of Liability. provided by a service provider selected by us
9. We shall not be obligated to pay any "damages", from the service providers listed in the
"penalties" or "claims expenses", or to undertake "information packet".
or continue defense of any suit or proceeding 14. To the extent "privacy breach response services"
after the Policy Aggregate Limit of Liability has "costs" are covered pursuant to a "claim" as
been exhausted by payment of "damages', described in Paragraph 5.d. of SECTION ,XI —
"penalties", "PCI Fines, Expenses and Costs" DEFINITIONS, such"costs"shall be covered solely
"crisis management and public relations under SECTION I—COVERAGE AGREEMENTS,
expenses", "cyber extortion loss", "data protection 1.Information Security And Privacy Liability.
loss", "business interruption loss" or "claims
expenses', or after deposit of the Policy SECTION VI—DEDUCTIBLE
Aggregate Limit of Liability' in a court of 1. The Deductible amount set forth in the
competent jurisdiction. Upon such payment, we Supplemental Declarations applies separately to
shall have the right to withdraw from further each incident, event or related incidents or
CYBER&INFORMATION BREACH COVERAGE ENDORSEMENT M901 (Ed. 1-17) Page 7 of 18
events, giving rise to a "claim", "a data protection SECTION VII—OPTIONAL EXTENSION PERIOD
loss" or a 'business interruption loss". The 1. We will provide an "optional extension period" as
Deductible shall be satisfied by monetary described below in the event of the termination of
payments by the"Member Agency" of"damages", this coverage for any reason except the non-
"claims expenses","crisis management and public payment of contribution.
relations expenses", "penalties", "cyber extortion 2, The "optional extension period" does not extend
loss', "data protection loss", "business interruption the coverage period or change the scope of the
loss', or"PCI Fines, Expenses and Costs". coverage provided. The "optional extension
2. For "notification services', "call center services" period"only extends the"claims"reporting period.
and"breach resolution and mitigation services"for 3. A "claim" first made against any "covered party"
each incident, the "notified individuals" sublimit and reported to us during the "optional extension
set forth in the Supplemental Declarations applies period°will be deemed to have been made on the
separately to each incident, event or related last day of the"coverage period"provided that the
incidents or events giving rise to an obligation to "claim° is for any act, error, or omission committed
provide such services. on or after the Retroactive Date and before the
3. For all "computer expert services", "legal end of the"coverage period".
services", and "public relations and crisis 4. The Limit of Liability for the "optional extension
management services', the Deductible amounts period" shall be part of, and not in addition to, the
set forth in the Supplemental Declarations apply applicable Limit of Liability for the "coverage
separately to each incident, event or related period". The purchase of the "optional extension
incidents or events, giving rise to an obligation to period" does not in any way increase the Policy
provide such services; and the applicable Aggregate Limit of Liability or any sublimit of
Deductible stated in the Supplemental liability.
Declarations shall be satisfied by monetary 5. The "optional extension period" does not apply to
SECTION I — COVERAGE AGREEMENTS, 2.
payments by the "Member Agency" for such
Privacy Breach Response Services, SECTION
services. I — COVERAGE AGREEMENTS, 7. First Party
4. In the event that "loss" arising out of a 'claim° is Data Protection, SECTION I — COVERAGE
subject to more than one Deductible, the AGREEMENTS or 8. First Party Network
applicable Deductible amount shall apply to such Business Interruption.
"loss", provided, that the sum of such Deductible 8, You must give us a written request within thirty
amounts shall not exceed the largest applicable (30) days of your election of the "optional
Deductible amount. extension period". Payment of the full additional
5. Satisfaction of the applicable Deductible is a contribution for the "optional extension period"
condition precedent to the payment by us of any endorsement is due within thirty (30) days of the
amounts or providing of any services hereunder, termination of this coverage. If notice of election
and we shall be liable only for the amounts in and payment for the"optional extension period" is
excess of such Deductible subject to our total not given to us within such thirty (30) day period,
liability not exceeding the Policy Aggregate Limit there shall be no right to purchase the "optional
of Liability for"privacy breach response services" extension period".
set forth in the Supplemental Declarations. The 7• At the commencement of the "optional extension
"Member Agency' shall make direct payments period", the entire contribution shall be deemed
within the Deductible to appropriate other parties earned and, in the event the "Member Agency"
designated by us. terminates the "optional extension period' for any
6. With respect to SECTION I — COVERAGE reason prior to its natural expiration; we will not
AGREEMENTS, 8. First Party Network o liable to return any contribution paid for the
Business Interruption, the Deductible set forth "optional extension period".
in the Supplemental Declarations applies SECTION Vill — NOTICE AND DUTIES IN THE
separately to each 'security breach".The EVENT OF A CLAIM, LOSS OR CIRCUMSTANCE
Deductible shall be satisfied by covered "business THAT MIGHT LEAD TO A CLAIM
interruption loss" retained by the "Member 1. With respect to SECTION I — COVERAGE
Agency". The Deductible applicable to SECTION I AGREEMENTS, 1. Information Security and
— COVERAGE AGREEMENTS, 8. First Party Privacy Liability, 3. Regulatory Defense And
Network Business Interruption shall be reduced Penalties, 4. Website Media Content Liability
on a dollar-for-dollar basis by the amount of and S.PCI Fines, Expenses And Costs;
"income loss"that was sustained by the "Member a. If any "claim" is made against the "Member
Agency'during the"waiting period". Agency', the "Member Agency" shall forward
as soon as practicable to us written notice of
CYBER 8,INFORMATION BREACH COVERAGE ENDORSEMENT M901 (Ed.1-17) Page 8 of 18
such "claim" by facsimile, email or express or shall notify us by calling Tel: (866) 566"7376
certified mail, together with every demand, immediately upon receipt of any "extortion
notice, summons or other process received threat" and shall thereafter also provide
by the "Member Agency" or the "Member written notice by facsimile, email or express
Agency's" representative; or certified mail within five (5) days following
b. If, during the"coverage period", the "Member the"extortion threat".
Agency" becomes aware of any circumstance b. If a"cyber extortion loss"occurs,the"Member
that could reasonably be the basis for a Agency" must report such 'cyber extortion
"claim", it may give written notice to us in the loss" to us in writing by facsimile, email or
form of a facsimile, email or express or express or certified mail as soon as
certified mail as soon as practicable during practicable during the "coverage period" after
the "coverage period". Such notice must discovery by the"Member Agency.
include: c. Prior to the payment of any "extortion
f. The specific details of the act, error, payment", the "Member Agency" shall make
omission, or "security breach" that could every reasonable effort to determine that the
reasonably be the basis for a"claim"; °extortion threat" is not a hoax or otherwise
II. The injury or damage which may result or not credible. The"Member Agency" shall take
has resulted from the circumstance; and all steps reasonable and practical to avoid or
Ili. The facts by which the "Member Agency" limit the payment of an"extortion payment".
first became aware of the act, error, 4. With respect to SECTION I — COVERAGE
omission or"security breach". AGREEMENT, 7. First Party Data Protection
Any subsequent 'claim" made against the and 8. First Party Network Business
"Member Agency" arising out of such Interruption:
circumstance which is the subject of the written a. Notice of "data protection loss" or "business
notice will be deemed to have been made at the interruption loss"
time written notice complying with the above I. With respect to SECTION 1 —
requirements was first given to us. An incident, or COVERAGE AGREEMENT, 7. First
reasonably suspected incident, reported to us Party Data Protection, the "Member
during the "coverage period" and in conformance Agency" must forward written notice by
with Paragraph 2.b. of this section, shall also facsimile, email or express or certified
constitute notice of a circumstance under this mail immediately upon discovery of
Paragraph. alteration, corruption, destruction,
2. With respect to SECTION 1 — COVERAGE deletion or damage to or inability to
AGREEMENT, 2. Privacy Breach Response access a "data asset" to which this
Services: Endorsement applies. All covered "data
a. If any incident, or reasonably suspected protection loss" must be discovered and
incident, described in Paragraphs a. or b. of reported to us in accordance with
SECTION 1 — COVERAGE AGREEMENTS, Paragraph 4.b. below and no later than
1. Information Security And Privacy six (6) months after the end of the
Liability occurs, the "Member Agency" must coverage period";
report such incident, or reasonably suspected ii. With respect to SECTION I —
incident, to us in writing by facsimile, email or COVERAGE AGREEMENT, 8. First
express or certified mail as soon as Party Network Business Interruption;
practicable during the "coverage period" after the "Member Agency" must forward
discovery by the"Member Agency. written notice by facsimile, email or
b. For a legal obligation to comply with a'breach express or certified mail immediately
notice law" because of an incident described upon discovery of the interruption or
in Paragraphs a. or b. of SECTION I — suspension of "computer systems" to
COVERAGE AGREEMENTS, 1. Information which this Endorsement applies;
Security And Privacy Liability, such a) For interruptions or suspensions of
incident or reasonably suspected incident computer systems" occurring within
must be reported as soon as practicable ten (10) days of the end of the
during the "coverage period" after discovery "coverage period% written notice by
by the"Member Agency. facsimile, email or express or certified
3. With respect to SECTION I — COVERAGE mail must be forwarded to us no later
AGREEMENT,6.Cyber Extortion: than ten(10)days after the end of the
a. In the event of an "extortion threat" to which "coverage period".
this insurance applies, the "Member Agency"
CYBER&INFORMATION BREACH COVERAGE ENDORSEMENT M901 (Ed.147) Page 9 of 18
b. Proof of Loss&Appraisal and agreement by the umpire and at least
t. Before coverage will apply, the "Member one of the Appraisers as to the amount of
Agency" must prepare and submit to us a a "data protection loss" or "business
written and detailed "proof of loss" swom interruption loss" shall be binding on the
by an officer of the "Member Agency" "Member Agency" and us. The "Member
within ninety (90) days after the "Member Agency" and we will equally share the
Agency' discovers a "data protection costs of the umpire and any other costs
loss' or the "Member Agency" sustains a other than the cost of the Appraisers. This
"business interruption loss" (as provision shall govern only appraisal
applicable), but in no event later than six under this Section and shall not control
(6) months following the end of the the determination of whether such "data
"coverage period" (unless such period protection loss" or "business interruption
has been extended by our written loss" is otherwise covered by this
consent); Endorsement. We retain and do not
a) Such proof of loss shall include a waive our right to deny coverage or to
narrative with full particulars of such enforce any obligation under this
"data protection loss" or "business Endorsement.
interruption loss", including, the time,
place and cause of the "data SECTION IX—OTHER INSURANCE
protection loss" or "business The coverage under this Endorsement shall apply in
interruption loss", a detailed excess of any other valid and collectible insurance
calculation of any "data protection available to the "Member Agency", including any self-
loss" or "business interruption loss", insured retention or deductible portion thereof, unless
the "Member Agency's" interest and such other insurance is written, only as specific
the interest of all others in the excess insurance over the Policy Aggregate Limit of
property, the sound value thereof and Liability or any other applicable Limit of Liability of this
the amount of "data protection loss" Endorsement.
or "business interruption loss" or
damage thereto and all other SECTION X — SUBROGATION AND RECOVERED
insurance thereon; PROPERTY
It. The "Member Agency" must, upon our With respect to any payment made under this
request, submit to an examination under Endorsement on behalf of any "covered party", we
oath and provide copies of the underlying shall be subrogated to the "Member Agency's" rights
documents, data and materials that of recovery to the extent of such payment. The
reasonably relate to or are part of the "Member Agency" shall execute all papers required
basis of the claim for such "data and shall do everything necessary to secure and
protection loss" or "business interruption preserve such rights, including the execution of such
IoW. The costs and expenses of documents necessary to enable us to bring suit in the
preparing and submitting a proof of loss, "Member Agency's" name. If the "Member Agency" or
and establishing or proving "data we recover any property, money or"data assets"after
protection loss% "business interruption a loss payment is made, the party making the
loss" or any other "loss" under this recovery must give prompt notice of the recovery to
Endorsement shall be the "Member the other party. If the recovered property is money or
Agency's"obligation. other funds, the recovery shall be applied first to any
iii. If we do not agree with the "Member costs incurred by us in recovering the property,
Agency" on the amount of a "data second to loss payments made by us, and third to any
protection loss" or a "business Deductible payment made by the"Member Agency". If
interruption loss", each party shall select property other than money or funds is recovered, then
and pay a qualified and disinterested the "Member Agency" may keep the recovered
appraiser or other qualified expert (the property and return the loss payment, plus the any
"Appraiser(s)") to state the amount of the costs of recovery incurred by us, or keep the loss
loss or reasonable expenses, and the payment, less the costs of recovery incurred by us
Appraisers shall choose an umpire. If the and transfer all rights in the property to us.
Appraisers cannot agree on an umpire,
the "Member Agency" or we may request SECTION XI—DEFINITIONS
a judge of a court having jurisdiction to 1. "Breach notice law" means any statute or
make the selection. Each Appraiser shall regulation that requires notice to persons whose
submit their loss estimate to the umpire, "personally identifiable information"was accessed
CYBER&INFORMATION BREACH COVERAGE ENDORSEMENT M901 (Ed.1.17) Page 10 of 18
or reasonably may have been accessed by an 3. Regulatory Defense And Penalties only,
unauthorized person. institution of a"regulatory proceeding"against
2. "Breach resolution and mitigation services" means any"covered party';
a credit monitoring, identity monitoring or other c. A written request or agreement to toll or waive
solution selected from the products listed in a statute of limitations relating to a potential
"information packet" and offered to "notified "claim'described in Paragraph a. above; and
individuals". The product offered to "noted d. With respect to coverage provided under
individuals" will be selected by us in consultation Paragraph a. of SECTION I — COVERAGE
with the"Member Agency"and in accordance with AGREEMENTS, 1. Information Security
the"information packet". And Privacy Liability only, a demand
3. "Business interruption loss"means the total of: received by any "covered party' to fulfill the
a. "Income loss"and "Member Agency's" contractual obligation to
b. "Extra expense" during the "period of provide notice of an incident, or reasonably
restoration% and"extended income loss" if the suspected incident, described in Paragraph a.
"income loss' during the "period of of SECTION 1 — COVERAGE
restoration' is in excess of the applicable AGREEMENTS, 1. Information Security
Deductible. And Privacy Liability pursuant to a "breach
Provided that"business interruption loss' shall not notice law".
mean and SECTION I — COVERAGE Multiple"claims' arising from the same or a aeries
AGREEMENTS, 8. First Party Network of related or repeated acts, errors, or omissions,
Business Interruption shall not cover any of the or from any continuing acts, errors, omissions, or
following: loss arising out of any liability to any from multiple "security breaches" arising from a
third party for whatever reason; legal costs or failure of"computer security" shall be considered
legal expenses of any type; loss incurred as a a single "claim' for the purposes of this
result of unfavorable business conditions, loss of Endorsement, irrespective of the number of
market or any other consequential loss or costs or claimants or "covered parties' involved in the
expenses the "Member Agency' incurs to identify "claim".All such"claims"shall be deemed to have
and remove software program errors or been made at the time of the first such"claim".
vulnerabilities. 6. "Claims expenses" means:
All "business interruption loss" resulting from a. Reasonable and necessary fees charged
multiple covered interruptions or suspensions of by an attorney designated pursuant to
"computer systems" that arise out of the same or Paragraph 1. of SECTION II—DEFENSE
a continuing "security breach", from related or AND SETTLEMENT OF CLAIMS;
repeated "security breaches", or from multiple b. All other legal costs and expenses
"security breaches" resulting from a failure of resulting from the investigation,
"computer security" shall be deemed to be a adjustment, defense and appeal of a
single "business interruption loss'; provided, "claim", suit, or proceeding arising in
however, that a separate "waiting period' shall connection therewith, or circumstance
apply to each"period of restoration". which might lead to a "claim", if incurred
4. "Call center services" means the provision of a by us or by the"Member Agency"with our
call center to answer calls during standard prior written consent; and
business hours for a period of ninety (90) days c. The premium cost for appeal bonds for
following notification (or longer if required by covered judgments or bonds to release
applicable law or regulation) of an incident for property used to secure a legal obligation,
which notice is provided pursuant to Paragraph d. if required in any "claim" against a
of SECTION 1 —COVERAGE AGREEMENTS, 2. "covered party" provided that we shall
Privacy Breach Response Services. "Call have no obligation to appeal or to obtain
center services" will be provided by a service bonds.
provider selected by "us" in consultation with the "Claims expenses" do not include any salary,
"Member Agency" from the list of service overhead, or other charges by the "Member
providers in the"information packet". Agency" for any time spent cooperating with
5. "Claim" means: the defense and investigation of any "claim",
a. A written demand received by any "covered or circumstance that might lead to a "claim",
party"for money or services, including service under this Endorsement, or costs to comply
of a suit or institution of regulatory or with any regulatory orders, settlements or
arbitration proceedings; judgments.
b. With respect to coverage provided under
SECTION I — COVERAGE AGREEMENTS,
CYBER&INFORMATION BREACH COVERAGE ENDORSEMENT M901 (Ed.1-17) Page 11 of 18
7. "Computer expert services"means costs for: S. "Computer systems" means computers and
a. A computer security expert to determine associated input and output devices, data
the existence and cause of an actual or storage devices, networking equipment, and
suspected electronic data breach which back up facilities operated by and either
may require the "Member Agency' to owned by or leased to the "Member Agency",
comply with a "breach notice law" and to or with respect to SECTION I — COVERAGE
determine the extent to which such AGREEMENTS, 1.-7., systems operated by a
information was accessed by an third party service provider and used for the
unauthorized person or persons; purpose of providing hosted computer
b. A Payment Card Industry (PCI) Forensic application services to the "Member Agency"
Investigator that is approved by the PCI or for processing, maintaining, hosting or
Security Standards Council and is storing the"Member Agency's"electronic data,
retained by the"Member Agency" in order pursuant to written contract with the "Member
to comply with the terms of a "merchant Agency'for such services.
services agreement" to investigate the 10. "Continuity date" means the date stated in the
existence and extent of an actual or Supplemental Declarations that coverage was
suspected compromise of credit card first written with respect to the "Member
data; and, in our discretion, where a Agency" and any "subsidiaries" acquired
computer security expert described in before such date. Any litigation initiated
Paragraph a. above has not been before this date is not subject to coverage
retained,for a computer security expert to under this Endorsement even if the
provide advice and oversight in allegations were not part of a potentially
connection with the investigation covered claim.
conducted by the PCI Forensic 11. "Control group" means the individuals holding
Investigator;and the following positions in the "Member
c. A computer security expert for which Agency":
coverage is part of and not in addition to a. Any elected or appointed official of the
the Policy Aggregate Limit of Liability for "Member Agency";
all "computer expert services", "legal b. Any member of Boards or Commissions
services", and "public relations and crisis of the Member Agency;
management expenses" stated in the c. President;
Supplemental Declarations, to d. Members of the Board of Directors;
demonstrate the "Member Agency's" e. Executive Officers, including the Chief
ability to prevent a future electronic data Executive Office, Chief Operating Officer,
breach as required by a "merchant and Chief Financial Officer; General
services agreement". Counsel, Chief Information Officer, Chief
"Computer expert services"will be provided in Security Officer, Chief Privacy Officer;
accordance with the terms and conditions set f. Staff attorneys employed by the"Member
forth in this Endorsement and will be provided Agency";
by a service provider selected by the g. "Manager; and
"Member Agency" in consultation with us from h. Any individual in a substantially similar
the list of service providers in the"information position or with substantially similar
packet". responsibilities as those referenced
8. "Computer security" means software, above.
computer or network hardware devices, as 12. "Coverage period" means the period of time
well as the "Member Agency's" written between the inception date shown in the
information security policies and procedures, Supplemental Declarations and the effective
the function or purpose of which is to prevent date of termination, expiration or cancellation
"unauthorized access or use", a "denial of of this coverage and specifically excludes any
service attack" against "computer systems", "Optional Extension Period" or any prior
infection of"computer systems" by "malicious coverage period or renewal period.
code" or transmission of "malicious code" 13. "Covered Party" means the "Member
from"computer systems"."Computer security" Agency", any elected or appointed official of
includes anti-virus and intrusion detection the"Member Agency", any member of Boards
software, firewalls and electronic systems that or Commissions of the "Member Agency" or
provide access control to"computer systems" any employee or authorized volunteer of the
through the use of passwords, biometric or "Member Agency".
similar identification of authorized users. 14. "Cyber extortion loss" means:
CYBER&INFORMATION BREACH COVERAGE ENDORSEMENT M901 (Ed.1-17) Page 12 of 18
a. Any "extortion payment" that has been account information, customer information,
made under duress by or on behalf of the private or personal information, marketing
"Member Agency", with our prior written information, financial information, and any
consent, but solely to prevent or other information maintained by the "Member
terminate an "extortion threat" and in an Agency"in its ordinary course of business.
amount that does not exceed the covered 17. "Data protection loss"means:
"damages" and "claims expenses" that a. With respect to any "data asset" that is
would have been incurred had the altered, corrupted, destroyed, deleted or
"extortion payment' not been paid; damaged, the actual, reasonable and
b. An otherwise covered"extortion payment" necessary costs and expenses incurred
that is lost in transit by actual destruction, by the "Member Agency" to restore a
disappearance or wrongful abstraction "data asset' from back-ups or from
while being conveyed by any person originals or to gather, assemble and
authorized by or on behalf of the recollect such "data asset" from other
"Member Agency to make such sources to the level or condition in which
conveyance; and it existed immediately prior to its
C. Fees and expenses paid by or on behalf alteration, corruption, destruction,
of the "Member Agency" for security deletion or damage; or
consultants retained with our prior written b. With respect to any "data asset' that the
approval, but solely to prevent or "Member Agency' is unable to access,
terminate an"extortion threat'. the lesser of the actual, reasonable and
15. "Damages' means a monetary judgment, necessary costs and expenses incurred
award or settlement. The term "damages' by the"Member Agency"to:
shall not include or mean: I. Regain access to such "data asset";
a. Future profits, restitution, disgorgement of or
unjust enrichment or profits by a"covered it. Restore such "data asset' from back-
party', or the costs of complying with ups or originals or gather, assemble
orders granting injunctive or equitable and recollect such "data asset" from
relief; other sources, to the level or
b. Return or offset of fees, charges, or condition in which it existed
commissions charged by or owed to a immediately prior to the "Member
"covered party" for goods or services Agency's"inability to access it;
already provided or contracted to be Provided that if such "data asset' cannot
provided; reasonably be accessed, restored,
c. Any damages which are a multiple of gathered, assembled or recollected, then
compensatory damages, fines, taxes or "data protection loss' means the actual,
loss of tax benefits, sanctions or reasonable and necessary costs and
penalties; expenses incurred by the "Member
d. Punitive or exemplary damages, unless Agency"to reach this determination.
insurable by law in any applicable venue Provided further that "data protection
that most favors coverage for such loss" shall not exceed, and shalt not
punitive or exemplary damages; mean, any amount in excess of the
e. Discounts, coupons, prizes, awards or amount by which the net profit before
other incentives offered to the "Member income taxes of the "Member Agqncy"
Agency's"customers or clients; would have decreased had the "Member
f. Liquidated damages to the extent that Agency" failed to restore, gather,
such damages exceed the amount for assemble or recollect as set forth in sub-
which the "Member Agency' would have paragraphs 15.a.and 15.b above.
been liable in the absence of such A "data protection loss" will be deemed to
liquidated damages agreement; or occur at the time such alteration, corruption,
g. Any amounts for which the "Member destruction, deletion or damage to or inability
Agency" is not liable, or for which there is to access a "data asset" is first discovered by
no legal recourse against the "Member the "Member Agency". All "data protection
Agency". loss" that arises out of the same or a
16. "Data asset'means any software or electronic continuing "security breach", from related or
data that exists in computer systems and that repeated "security breaches', or from multiple
is subject to regular back up procedures, "security breaches', resulting from a failure of
including computer programs, applications,
CYBER&INFORMATION BREACH COVERAGE ENDORSEMENT M801 (Ed.147) Page 13 of 18
"computer security" shall be deemed to be a Provided that in no event shall the "extended
single"data protection loss". interruption period" mean more than or exceed
c. "Data protection loss" shall not mean, thirty(30)days.
and there shall be no coverage under 21. "Extortion payment' means cash, marketable
SECTION I — COVERAGE goods or services demanded to prevent or
AGREEMENTS, 7. First Party Data terminate an"extortion threat".
Protection for: 22. "Extortion threat" means a threat to breach
i. Costs or expenses incurred by the "computer security" in order to:
"Member Agency" to identify or a. Atter, destroy, damage, delete or corrupt
remediate software program errors or any"data asset";
vulnerabilities or update, replace, b. Prevent access to "computer systems" or a
restore, gather, assemble, reproduce, "data asset", including a "denial of service
recollect or enhance a"data asset" or attack" or encrypting a "data asset" and
"computer systems"to a level beyond withholding the decryption key for such
that which existed prior to the "data asset";
alteration, corruption, destruction, c. Perpetrate a theft or misuse of a "data
deletion or damage of such "data asset" on "computer systems" through
asset"; external access;
It. Costs or expenses to research or d. Introduce "malicious code" into "computer
develop any "data asset", including systems" or to third party computers and
but not limited to trade secrets or systems from"computer systems"; or
other proprietary information; e. Interrupt or suspend"computer systems";
III. The monetary value of profits, Unless an "extortion payment"is received from
royalties, or lost market share related or on behalf of the"Member Agency".
to a 'data asset', including but not Multiple related or continuing "extortion
limited to trade secrets or other threats" shall be considered a single "extortion
proprietary information or any other threat'for purposes of this insurance and shall
amount pertaining to the value of the be deemed to have occurred at the time of the
"data asset; first such"extortion threat".
iv. Loss arising out of any liability to any 23. 'Extra expense" means reasonable and
third party for whatever reason; or necessary expenses that are incurred by the
v. Legal costs or legal expenses of any "Member Agency' during the "period of
type. restoration" to minimize, reduce or avoid an
18. "Denial of service attack" means an attack "income loss", provided that such expenses:
intended by the perpetrator to overwhelm the a. Are over and above those the "Member
capacity of a "computer system" by sending Agency" would have incurred had no
an excessive volume of electronic data to interruption or suspension of the
such 'computer system" in order to prevent "computer systems"occurred; and
authorized access to such'computer system". b. Do not exceed the amount by which the
19. "Extended income loss" means the "income "income loss" in excess of the Deductible
loss" during the "extended interruption and covered under this insurance is
period". thereby reduced.
20. "Extended interruption period" means the Provided that"extra expense" shall not mean,
period of time that: and there shall be no coverage under
a. begins on the date and time that the SECTION I — COVERAGE AGREEMENTS,
"period of restoration"ends; and S. First Party Network Business
b. terminates on the date and time the Interruption, for expenses incurred by the
"Member Agency" restores, or would "Member Agency" to update, upgrade,
have restored if the "Member Agency" enhance or replace "computer systems" to a
had exercised due diligence and level beyond that which existed prior to the
dispatch, the net profit before income actual and necessary interruption or
taxes that would have been earned by the suspension of 'computer systems" or the
"Member Agency" directly through its costs and expenses incurred by the "Member
business operations had the actual and Agency" to restore, reproduce, or regain
necessary interruption or suspension of access to any "data asset" that was altered,
"computer systems" not occurred; corrupted, destroyed, deleted, damaged or
rendered inaccessible as a result of the failure
CYBER&INFORMATION BREACH COVERAGE ENDORSEMENT M901 (Ed.1.17) Page 14 of 18
of "computer security" to prevent a "security suspected theft, loss or "unauthorized
breach". disclosure" of "personally identifiable
24. "Forensic expenses" means reasonable and information";
necessary expenses incurred by the "Member b. To provide necessary legal advice to the
Agency" to investigate the source or cause of "Member Agency" in responding to actual
the failure of "computer security" to prevent a or suspected theft, loss or "unauthorized
"security breach". disclosure' of "personally identifiable
25. "Income loss"means: information"; and
a. The net profit before income taxes that c. To advise the "Member Agency" in
the "Member Agency" is prevented from responding to credit card system
earning through its business operations operating regulation requirements for any
or the net loss before income taxes that actual or suspected compromise of credit
the "Member Agency' is unable to avoid card data that is required to be reported
through its business operations as a to the"Member Agency's" merchant bank
direct result of the actual and necessary under the terms of a "merchant services
interruption or suspension of "computer agreement"; however, "legal services" do
systems"; and not include fees incurred in any actual or
b. Fixed operating expenses incurred by the threatened legal proceeding, arbitration or
"Member Agency" (including payroll), but mediation, or any advice in responding to
only to the extent that such operating credit card system operating regulation in
expenses must necessarily continue connection with an assessment of "PCI
during the "period of restoration" (or fines,expenses, and costs".
"extended interruption period", if "Legal services" will be provided in
applicable) and such expenses would accordance with the terms and conditions set
have been incurred by the "insured' had forth in this Endorsement and will be provided
such interruption or suspension not by an attorney selected by the "Member
occurred. Agency", in consultation with us, from the list
"Income loss" shall be reduced to the extent of attorneys in the"information packet".
the"Member Agency" is able,with reasonable 28. "Loss"means:
dispatch and due diligence, to reduce or limit a. "business interruption loss%
such interruption or suspension of "computer b. "damages";
systems" or conduct its business operations c. "claims expenses";
by other means. d. "cyber extortion loss";
In determining "income loss", due e. "data protection loss"
consideration shall be given to the prior f. "crisis management and public relations
experience of the "Member Agency's" g. "penalties";
business operations before the beginning of h. "PCI fines, expenses and costs"; and
the"period of restoration"and to the probable 1. "privacy breach response services".
business operations the "Member Agency" 29. Malicious code" means any virus, Trojan
could have performed had no actual and horse, worm or any other similar software
necessary interruption or suspension program, code or script intentionally designed
occurred as result of a failure of "computer to insert itself into computer memory or onto a
security"to prevent a"security breach'. computer disk and spread itself from one
"Income loss" will be calculated on an hourly computer to another.
basis based on the "Member Agency's" net 30. "Management control"means:
profit (or loss) and fixed operating expenses a. Owning, directly or indirectly, more than
as set forth above. fifty percent (50%) of the outstanding
26. "Information Packet" means the Information securities, representing the present right
Packet which is incorporated into and forms to vote for the election of an entity's
part of this coverage and which includes a list directors, members of the board of
of service providers who provide "privacy managers, management committee
breach response services." members or persons senting in a
27. "Legal services" means fees charged by an functionally equivalent role for such an
attorney: entity operating or organization outside of
a. To determine the applicability of and the United States; or
actions necessary for the "Member b. Having the right, pursuant to a written
Agency' to comply with "breach notice contract or bylaws, charter, operating
laws" due to an actual or reasonably agreement or similar documents of an
CYBER&INFORMATION BREACH COVERAGE ENDORSEMENT M901 (Ed. 147) Page 15 of 18
entity to elect, appoint or designate a 37. "Optional Extension Period" means period of
majority of: time described in the Supplemental
1. The Board of Directors of a Declarations.
corporation; 38. "PCI fines, expenses and costs" means the
If. The Management Committee of a direct monetary fines, penalties,
joint venture or partnership; reimbursements, fraud recoveries or
iii. The Management Board of a limited assessments owed by the "Member Agency"
liability company; or under the terms of a "merchant services
Iv. Persons serving in a functionally agreement", but only where such fines,
equivalent role for such an entity penalties, reimbursements, fraud recoveries or
operating or organized outside of the assessments result both from the "Member
United States. Agency's" actual or alleged noncompliance
31. "Manager' means manager of a limited liability with published Payment Card Industry (PCI)
company. Data Security Standards and from a data
32. "Media material" means any information in breach caused by an incident, or reasonably
electronic form, including words, sounds, suspected incident, described in Paragraphs a.
numbers, images, or graphics and shall and b. of SECTION 1 — COVERAGE
include advertising, video, streaming content, AGREEMENTS, 1. Information Security And
web-casting, online forums, bulletin boards Privacy Liability; provided, that the term "PCI
and chat room content, but does not mean fines, expenses and costs" shall not include or
computer software or the actual goods, mean any charge backs, interchangeable fees,
products or services described, illustrated or discount fees or prospective service fees.
displayed in such"media material". 39. "Penalties"means:
33. "Member Agency" means the local public a. Any civil fine or punitive sum of money
agency designated in the Supplemental payable to a governmental entity that was
Declarations and any "subsidiaries" of the imposed in a "regulatory proceeding" by
"Member Agency. the Federal Trade Commission, Federal
34. "Merchant services agreement" means any Communications Commission, or any
agreement between an "covered party" and a other federal, state, local or foreign
financial institution, credit/debit company, governmental entity, in such entity's
credit/debit card processor or independent regulatory or official capacity; the
service operator enabling a "covered party" to insurability of "penalties" shall be in
accept credit card, debit card, prepaid card, or accordance with the law in the applicable
other payment cards for payments or venue that most favors coverage for such
donations. penalties"; and
35. 'Notification services"means: b. Amounts which the "Member Agency" is
a. Notification by first class mail or e-mail to legally obligated to deposit in a fund as
United States or Canadian residents; and equitable relief for the payment of
b. Notification by first class mail or e-mail to consumer claims due to an adverse
individuals residing outside the United judgment or settlement of a "regulatory
States or Canada, but only to the extent proceeding"; but shall not include
reasonably practicable. payments to charitable organizations or
"Notification services" will be provided by a disposition of such funds other than for
service provider selected by us in consultation payment of consumer claims for losses
with the "Member Agency" from the list of caused by an event covered pursuant to
service providers in the "information packet" Paragraphs a., b., or c. of SECTION I —
and will be provided in accordance with the COVERAGE AGREEMENTS, 1.
terms and conditions set forth in the Information Security And Privacy
"information packet.' Liability;
36. "Notified individual" means an individual c. "Penalties"do not mean:
person to whom notice is given or attempted to 1. Costs to remediate or improve
be given under Paragraph d. of SECTION 1 — "computer systems";
COVERAGE AGREEMENTS, 2. Privacy If. Costs to establish, implement,
Breach Response Services pursuant to a maintain, improve or remediate
"breach notice law" as defined in Paragraph 1. security or privacy practices,
of SECTION XI—DEFINITIONS. procedures, programs or policies;
Ili. Audit, assessment, compliance or
reporting costs; or
CYBER&INFORMATION BREACH COVERAGE ENDORSEMENT M901 (Ed.1-17) Page 16 of 18
Iv. Costs to protect the confidentiality, associated security codes, access codes,
integrity and/or security of"personally passwords or pins;
identifiable information" from theft, If such information allows an individual to be
loss or disclosure. uniquely and reliably identified or contacted or
40. "Period of restoration" means the time period allows access to the individual's financial
that: account or medial record information.
a. Begins on the specific date and time that "Personally identifiable information" does not
the actual and necessary interruption or include publicly available information that is
suspension of "computer systems" first lawfully made available to the general public
occurred; and from government records.
b. Ends on the speck date and time that the 42. Privacy law" means a federal, state or foreign
actual and necessary interruption or statute or regulation requiring the "Member
suspension of "computer systems" ends, Agency" to protect the confidentiality and/or
or would have ended had the "Member security of"personally identifiable information".
Agency° acted with due diligence and 43. "Privacy Policy"means the"Member Agency's"
dispatch; public declaration of its policy for collection,
Provided that in no event shall the "period of use, disclosure, sharing, dissemination and
restoration" mean more than or exceed thirty correction or supplementation of, and access
(30) days; and provided, that restoration of to"personally identifiable information".
"computer systems"will not end the"period of 44. "Public relations and crisis management
restoration" if such systems are actually and expense" shall mean the following costs,
necessarily interrupted or suspended again approved in advance by us, which are directly
within one hour of such restoration due to the related to mitigating harm to the "Member
same cause as the original interruption or Agency's" reputation or potential "loss"
suspension. covered by this Endorsement resulting from an
41. "Personally identifiable information"means: incident described in Paragraphs a. and b. of
a. Information concerning the individual that SECTION 1—COVERAGE AGREEMENTS, 1.
constitutes nonpublic personal Information Security And Privacy Liability
information as defined in the Gramm- or from a"public relations event":
Leach Bliley Act of 1999, as amended, a. Costs incurred by a public relations or
and regulations issued pursuant to this crisis management consultant;
Act; b. Costs for media purchasing or for printing
b. Medical or health care information or mailing materials intended to inform
concerning the individual, including the general public about the incident,
protected health information as defined in such costs to be limited to the amount
the Health Insurance Portability and noted in the Supplemental Declarations
Accountability Act of 1996, as amended, for SECTION I — COVERAGE
and regulations issued pursuant to this AGREEMENTS, 2. Privacy Breach
Act. Response Services;
c. Information concerning the individual that c. For incidents or events in which
is defined as private personal information notifications services are not otherwise
under statutes enacted to protect such provided pursuant to SECTION I —
information in foreign countries, for COVERAGE AGREEMENTS, 1.
"claims' subject to the law of such Information Security And Privacy
jurisdiction; Liablitty and 2. Privacy Breach
d. Information concerning the individual that Response Services, costs to provide
is defined as private personal information notifications and notices via e-mail or first
under a"breach notice law"; class mail to customers where such
e. Education records as defined by the notifications are not required by law
Family Educational Rights and Privacy (voluntary notifications), including non-
Act which are directly related to an affected customers of the "Member
individual's attendance as a student; or Agency";
f. The individual's drivers' license or state d. Costs to provide government mandated
identification number, social security public notices related to breach events
number, unpublished telephone number, (including such notifications required
and credit, debit, or other financial under the Health Insurance Portability
account numbers in combination with and Accountability Act of 1996 or the
CYBER&INFORMATION BREACH COVERAGE ENDORSEMENT M901 (Ed. 1-17) Page 17 of 18
Health Information Technology for be considered a single "security breach" and
Economic and Clinical Health Act; be deemed to have occurred at the time of
e. Costs to provide services to restore the first such"security breach".
healthcare records of"notified individuals" 49. "Subsidiary" means any corporation, limited
residing in the United States whose liability company or joint venture or
"personally identifiable information" was partnership while the "Member Agency" has
compromised as a result of theft, loss or "management control" over such entity, if the
"unauthorized disclosure"; and "Member Agency":
f. Other costs approved in advance by us. a. had "management control" over such
"Public relations and crisis management entity on the inception date of this
expenses° must be incurred no later than Endorsement or such entity was a
twelve (12) months following the reporting of "covered party" under an Endorsement
such "claim" or breach event to us and, with issued by us of which this Endorsement is
respect to Paragraphs a. and b. above, within a renewal;
ninety (90) days following the first publication b. acquires "management control" after the
of such "claim" or incident. If voluntary inception date of this Endorsement
notifications are provided, e-mail notification provided the revenues of the entity do not
will be provided in lieu of first class mail to the exceed ten percent(10%)of the"Member
extent practicable. Agency's" annual revenues for the four
45. "Public relations event" means the publication quarterly periods directly preceding
or imminent publication in a newspaper (or inception of the Endorsement.
other general circulation print publication) or 50. "Third party information" means any trade
on radio, television or a publically accessible secret, data, design, interpretation, forecast,
website of a covered "claim" or incident under formula, method, practice, credit or debit card
this Endorsement. magnetic strip information, process, record,
46. "Regulatory proceeding" means a request for report or other item of information of a third
information, civil investigative demand or civil party not covered under this Endorsement
proceeding commenced by service of a which is not available to the general public and
complaint or similar proceeding brought by or is provided to the "Member Agency" subject to
on behalf of the Federal Trade Commission, a mutually executed written confidentiality
Federal Communications Commission, or any agreement or which the "Member Agency" is
federal, state, local or foreign governmental legally required to maintain in confidence;
entity in such entity's regulatory or official however, "third party information" shall not
capacity in connection with such proceeding. include"personally identifiable information".
47. "Related party" means the "Member Agency" 51. "Unauthorized access or use" means the
and any past, present or future employees, gaining of access to or use of "computer
directors, officers, "managers", partners or systems" by an unauthorized person or
natural person independent contractors of the persons or the use of "computer systems" in
"Member Agency". an unauthorized manner.
48. "Security breach" means: 52. "Unauthorized disclosure" means the
a. "Unauthorized access or use" of disclosure of (including disclosure resulting
"computer systems", including from phishing) or access to information in a
"unauthorized access or use" resulting manner that is not authorized by the "Member
from the theft of a password from a Agency" and is without knowledge of, consent,
"computer system" or from any "covered or acquiescence of any member of the"control
party"; group-.
b. A "denial of service attack" against 53. "Waiting period" means the period of time
"computer systems" or "computer beginning when the "period of restoration"
systems"that are not owned, operated or begins and expiring after the elapse of the
controlled by a"covered party"; or number of hours set forth in the Supplemental
c. Infection of "computer systems" by Declarations. A "waiting period" shall apply to
"malicious code" or transmission of each"period of restoration".
"malicious code" from "computer
systems".
A series of continuing "security breaches",
related or repeated "security breaches", or
multiple "security breaches" resulting from a
continuing failure of"computer security" shall
CYBER&INFORMATION BREACH COVERAGE ENDORSEMENT M901 (Ed. 147) Page 18 of 18
iwm%01W���Wff
MISSOURI PUBLIC ENTITY RISK MANAGEMENT FUND
MEMORANDUM
OF
COVERAGE
CONTENTS
I. WHAT MOPERM PAYS................................................................................................................................. 1
II. MOPERM'S LIMIT OF LIABILITY...............................................................................................................................1
III. WHO IS A COVERED PARTY....................................................................................................................................2
IV. WHAT MOPERM WILL NOT COVER(EXCLUSIONS)..............................................................................................2
V. WORDS AND PHRASES WITH SPECIAL MEANING................................................................................................7
VI. CONDITIONS.............................................................................................................................................................8
M 9W(Rw.1-18)
MISSOURI PUBLIC ENTITY RISK MANAGEMENT FUND
MEMORANDUM OF COVERAGE
1. WHAT MOPERM PAYS
A. COVERAGE
1. Coverage for the Member Agency for claims on causes of action established by Missouri Law, as described In
subparegraphs a. and b. below to this paragraph 1. For claims on causes of action established by Missouri Law
described in subparagraphs a. and b. below to this paragraph 1, MOPERM will pay on behalf of the Member Agency
the ultimate net loss which the Member Agency shall become legally obligated to pay by reason of liability arising out
of:
a. Injuries directly resulting from the negligent acts or omissions by public employees arising out of the operation of
motorized vehicles within the course of their employment;
b. Injuries caused by the condition of a public entity's property if the plaintiff establishes that the property was in
dangerous condition at the time of the injury, that the injury directly resulted from the dangerous condition, that the
dangerous condition created a reasonably foreseeable risk of harm of the kind of injury which was incurred,and that
either a negligent or wrongful act or omission of an employee of the public entity within the course of his
employment created the dangerous condition or a public entity had actual or constructive notice of the dangerous
condition in sufficient time prior to the injury to have taken measures to protect against the dangerous condition, as
more fully set forth in Section 537.600.1(2), RSMo.
2. Coverage for Member Agency for claims on causes of action other than those established by Missouri Law
described In subparegraphs a.and b.to paragraph 1 of this Section A; and coverage for public officials and
employees. For claims against the Member Agency on causes of action other than those established by Missouri
Law described in subparagraphs a. and b. to paragraph 1 of this Section A, and for claims against public officials
and employees, MOPERM will pay the ultimate net loss which the Covered Party shall became legally obligated to
pay by reason of liability for damages because of Automobile Liability, General Liability, Employment Practices
Liability, Law Enforcement Liability, Public Officials Errors and Omissions Liability, and Healthcare Malpractice
Liability,to which this memorandum applies, caused by or arising out of an occurrence.
B. DEFENSE
On matters covered by this memorandum, MOPERM shall have the right and duty to defend any suit against the Covered
Party, even if any allegations are groundless, false or fraudulent. MOPERM may make such investigation, negotiation or
settlement of any claim or suit as it deems expedient. MOPERM shall not be obligated to pay any claim or judgment or to
defend any suit after MOPERM's limit of liability has been exhausted.
Nothing contained in this section, or the balance of this document, shall be construed to broaden the liability of the Member
Agency beyond the provisions of Sections 537.600 to 537.610, RSMo, nor to abolish or waive any defense at law which might
otherwise be available to the Member Agency or its officers and employees.
II. MOPERM'S LIMIT OF LIABILITY
Regardless of the number of(1) covered parties under the memorandum, (2) persons or organizations who sustain injury or
damage, or(3)claims made or suits brought, MOPERM's liability for the ultimate net loss:
1. Under Section 1.A.1.shall not exceed the maximum amount provided for by Section 537.610, RSMo;and,
2. Under Section 1.A.2. shall not exceed $2,000,000 for any one occurrence arising out of bodily Injury, property
damage,public officials errors and omissions,or any combination thereof.
While a covered automobile is away from the state where it is licensed, MOPERM will provide the minimum amounts and
types of other coverages, such as "No-Fault," required of out-of-state vehicles by the jurisdiction where the automobile is
being used. MOPERM will not pay anyone more than once for the same elements of loss because of this extension but in no
event to exceed the maximum amount provided for in Section 537.610, RSMo,for any one occurrence.
1 MgW(Rft 1-18)
Ill. WHO IS A COVERED PARTY?
Each of the following is a Covered Party,to the extent set forth below
A. The Member Agency named in the declarations.
B. Any elected or appointed official of the Member Agency while acting(1)within the course and scope of their duties,and(2)
in furtherance of the official pursuits of the Member Agency.
C. Any member of Boards or Commissions of the Member Agency while acting (1)within the course and scope of their duties,
and(2)in furtherance of the official pursuits of the Member Agency.
D. Any employee or authorized volunteer of the Member Agency while acting(1)within the course and scope of their duties,
and(2)in furtherance of the official pursuits of the Member Agency.
E. Any person while using an owned, non-owned or hired automobile and any person legally responsible for the use
thereof, provided the actual use of the automobile is (1) within the course of employment, and (2) in furtherance of the
official pursuits of the Member Agency. The coverage extended by this Section E shall not apply:
1. To any person or organization, or to any agent or employee thereof, engaged in selling, repairing, servicing,
delivering, testing, road testing, parking or storing automobiles, with respect to any occurrence arising out of any
such occupation; or
2. With respect to any hired automobiles, to the owner or a lessee thereof other than the Member Agency, or to any
agent or employee of such owner or lessee.
F. Any person or organization to whom or to which the Member Agency is obligated by virtue of a written contract to provide
coverage such as is afforded by this agreement but only with respect to operations performed by or on behalf of the
Member Agency or facilities owned or used by the Member Agency.
IV. WHAT MOPERM WILL NOT COVER(EXCLUSIONS)
This memorandum does not apply:
A. To liability due to war, whether or not declared, or any act or condition incident to war. As used in this exclusion, War
includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or
agreement.
B. To liability arising out of the ownership, maintenance, use or operation of any airfield or similar aviation facility.
C. To liability arising out of the ownership, maintenance, loading, unloading, use, or entrustment to others of owned, non-
owned or hired aircraft
D. To liability arising out of the ownership, maintenance, loading, unloading, use, or entrustment to others of owned, non-
owned or hired watercraft.
1. Any watercraft owned or operated by or rented or loaned to any Covered Party;
2. Any other watercraft operated by any person in the course of his employment by any Covered Party;
but this exclusion does not apply to watercraft while ashore on premises owned by, rented to or controlled by the
Covered Party nor to watercraft under 26 feet in length.
E. To any obligation for which the Covered Party, or any carrier as insurer therefor, may be held liable under any workers'
compensation,unemployment compensation or disability benefits law or under any similar law.
F. To liability for bodily Injury to any employee, elected or appointed official, members of any Boards or Commissions, or
authorized volunteer of the Covered Party in connection with his or her duties for the Covered Party, except with
respect to liability of others assumed by the Covered Party under contract.
G. To liability of any employee, elected or appointed official, members of any Boards or Commissions, or authorized
volunteer with respect to bodily Injury of another employee, elected or appointed official, members of any Boards or
Commissions,or authorized volunteer.
2 M888(Rev.1-18)
H. To liability for properly damage to:
1. Property owned or operated by the Covered Party;
2. Property rented to or leased to the Covered Party where the Covered Party has assumed liability under contract for
damage to or destruction of such property, unless the Covered Party would have been liable in the absence of such
contract;
3. Aircraft in the care,custody or control of the Covered Party; and
4. Property of others in the care, custody or control of the Covered Party.
I. To any liability arising out of pollution,including but not limited to:
1. Investigation, settlement or defense of any threatened, actual or alleged claim, suit, damage or injury of any kind
arising out of the actual, alleged or threatened discharge, exposure to, release or escape of pollutants anywhere in the
world.
2. Loss, cost or expense arising out of any governmental direction or request that the Covered Party test for, monitor,
dean up,remove, contain,treat,detoxify or neutralize the pollutants.
3. Any loss, cost or expense incurred by a governmental entity or other third party including the cost of investigation,
monitoring and attorneys' fees, relating to activities in connection with efforts to test for, monitor, dean up, remove,
contain,trace,detoxify or neutralize pollutants.
Pollutants means any solid, liquid, gaseous or thermal contaminants, irritants or toxic substances including smoke,
vapor, soot, fumes, acids, alkalis, air contaminants, minerals, metals,chemicals, waste and particulates including asbestos.
Waste includes materials to be recycled, reconditioned or reclaimed.
J. To liability arising out of or in connection with the operation of a hospital, clinic or established health care facility
owned or operated by a Member Agency due to:
1. The rendering of or failure to render.
a. Medical, surgical, dental, x-ray, nursing service or treatment, or the furnishing of food or beverages in connection
therewith.
b. Any treatment or service conducive to health or of a professional nature.
c. Any cosmetic or tonsorial service or treatment.
2. The furnishing of or dispensing of drugs or medical,dental or surgical supplies or appliances.
This exclusion shall not apply to ambulance service personnel or to registered nurses, licensed practical nurses, nurses'
aides, emergency medical technicians, or paramedics directly employed by the Member Agency as specifically
designated in the declarations and while acting (1)within the course and scope of their duties for, and (2)in furtherance of
the official pursuits of,said designated Member Agency.
K. To claims against those who are independent contractors of the Member Agency, its officers or employees. However,this
exclusion shall not apply to Member Agencies acting as independent contractors.
L To claims for loss or damage arising out of or in connection with:
1. The principles of eminent domain, proceedings to condemn property or inverse condemnation by whatever name
regardless of whether such claims are made directly against the Covered Party or by virtue of any agreement
entered into by or on behalf of the Covered Party.
2. Any action, claim,or proceeding arising out of or involving zoning or land use,whether.
a. an administrative proceeding;
b. judicial review of an administrative decision including but not limited to a challenge to a statute, ordinance,
regulation,procedure or decision on any grounds; or
c. an action seeking damages or any monetary recovery of any sort, including but not limited to attorney's fees, court
costs and expenses, regardless of the legal theory or cause of action asserted.
3 MOMR".1-16)
M. To backpay, past salary or wages, or any compensation or benefits, whether current or deferred, based on services that
would have been rendered, including retirement contributions, accrual of leave or retirement benefits, due because of
unlawful discrimination,violation of civil rights or wrongful termination.
N. To punitive and exemplary damages, damages for aggravating circumstances, fines or penalties threatened or imposed for
violation of any civil or criminal statute,administrative regulation or county or municipal ordinance.
O. To liability for which any Member Agency may be held liable by reason of:
1. Causing or contributing to the intoxication of any person;
2. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol;or
3. Any statute,order,ordinance or regulation relating to the sale,gift,distribution or use of alcoholic beverages.
This exclusion applies only if the Member Agency is in the business of manufacturing, distributing, selling, serving or
furnishing alcoholic beverages.
P. To all losses, including penalties, fines, attorneys' fees and expenses assessed and/or incurred, resulting from or arising
out of violations of the statutes or Constitution of the State of Missouri or county or municipal ordinances.
O. To all claims or losses, including fines, forfeitures, penalties, attorneys' fees and expenses incurred and/or assessed,
resulting or arising from charges brought by information or indictment alleging violations of
1. State or Federal criminal law, or
2. county or municipal ordinance defining, or imposing a penalty for,a felony,misdemeanor or infraction.
R. To claims for penalties,fines,attorneys'fees and costs arising out of the enforcement provisions of Chapter 610, RSMo.
S. To proceedings for removal or impeachment from office or any Board or Commission; or for the determination of
qualifications for office or of election contests; or for professional disciplinary action brought by a person, board,commission
or other person or entity empowered by law to do so.
T. To claims against any Member Agency, officer, employee, Board or Commission member of a Member Agency
which were brought by or rendered in favor of that same Member Agency or officers, employees, Board or Commission
members of that same Member Agency,acting in an official capacity.
U. To injunctive relief or relief other than monetary damages.
V. To claims for attorneys'fees, costs, expenses, or nominal damages arising from claims that otherwise seek injunctive relief
or relief other than monetary damages.
W. To claims or suits arising out of failure to effect or maintain proper insurance or bonds or to comply with the provisions of
insurance contracts,policies or bonds.
X. To all losses, including penalties, fines, attorneys' fees and expenses, resulting from or arising out of violations or claimed
violations of the Fair Labor Standards Act or similar state statutes or local ordinances.
Y. To damages resulting from the refunding, levying, collecting or disbursement of taxes,fees or assessments or the failure to
refund,levy,collect or disburse any tax,fee or assessment.
Z. To liability for which the Member Agency is obligated to pay damages by reason of the assumption of liability in a contract
or agreement.This exclusion does not apply to liability for damages for bodily injury and property damages:
1. Assumed in a contract or agreement that is a Covered Contract, provided the loss arises from an occurrence that is
subsequent to the execution of the contract or agreement;or
2. That the Member Agency would have in the absence of the contract or agreement.
For purposes of this Exclusion,Covered Contract means:
a. A lease of premises;
b. A railroad sidetrack agreement;
4 MOMRev.1-18)
c. Any easement or license agreement;
d. An obligation, as required by an order or ordinance,to indemnify a public entity, except in connection with work for
a public entity;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement under which the Member Agency assumes the tort liability of another
party to pay for bodily Injury or property damage to a third person or organization.Tort liability means a liability
that would be imposed by law in the absence of any contract or agreement.
A Covered Contract does not include that part of any contract or agreement:
a. That indemnifies an architect,engineer or surveyor for injury or damage arising out of:
1) Preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change
orders,designs or specifications;or
2) Giving directions or instructions,or failing to give them,if that is the primary cause of the injury or damage;
b. Under which a Covered Party, if an architect, engineer or surveyor, assumes liability for an injury or damage
arising out of the Covered Party's rendering or failure to render professional services, including those listed in
clause a of this paragraph,and supervisory, inspection or engineering services;or
c. That indemnifies any person or organization for damage by fire to premises rented or loaned to the Member
Agency.
AA. To liability of a Covered Party
1. arising in whole or in part out of a Covered Party's obtaining remuneration or financial gain to which the Covered
Party was not legally entitled or
2. arising out of the willful violation of the penal code or ordinance committed by or with the knowledge or consent of any
Covered Party.
BB. To liability arising out of any bidding process, estimates of probable cost or cost estimates being exceeded or faulty
preparation of bid specifications or plans including engineering or architectural plans.
CC. To failure to perform, breach of or arising out of any breach of a contractual obligation whether oral or in writing.
DD. To liability imposed under the Employee Retirement Income Security Act of 1974 or any law mandatory thereof or any
similar law or liability arising out of fiduciary activities as respects employee benefit plans.
EE. To claims resulting from or arising out of the proposed or actual increase of utility rates.
FF. To liability:
1. With respect to which a Covered Party under the memorandum is also a Covered Party under a nuclear energy
liability policy issued by Mutual Atomic Energy Liability Underwriters, American Nuclear Insurers, Nuclear Insurance
Association of Canada or any successor organizations, or would be a Covered Party under any such policy but for its
termination upon exhaustion of its limit of liability; or
2. Resulting from the hazardous properties of nuclear material and with respect to which (a) any person or
organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law
amendatory thereof or (b) the Covered Party is, or had this memorandum not been issued would be, entitled to
indemnity from the United States of America or any agency thereof, under any agreement entered into by the United
States of America or any agency thereof,with any person or organization;or
3. Resulting from hazardous properties of nuclear material, if:
a. The nuclear material (i) is at any nuclear facility owned by, or operated by or on behalf of a Covered Party or(ii)
has been discharged or dispersed therefrom;or
b. The nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed,
stored,transported or disposed of by or on behalf of a Covered Party;or
5 MWNRw.1-18)
c. The bodily Injury or property damage arises out of the furnishing by a Covered Party of services, materials,
parts of equipment in connection with the planning, construction, maintenance, operation or use of any nuclear
facility, but if such facility is located within the United States of America, its territories or possessions, or Canada,
this exclusion c.applies only to property damage to such nuclear facility and any property thereat.
As used in this exclusion:
a. "Hazardous properties"include radioactive,toxic or explosive properties;
b. "Nuclear material"means source material,special nuclear material, or by-product material;
c "Source material", "special nuclear material" and "by-product material" have the meaning given them in the
Atomic Energy Act of 1854 or in any law amendatory thereof;
d. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to
radiation in a nuclear reactor;
e. "Waste" means any waste material (i) containing by-product material and (ii) resulting from the operation by any
person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (f)(i)
or(it)hereof;
f. "Nuclear facility" means: (i) any nuclear reactor; (ii) any equipment or device designed or used for (as)
separating the isotopes of uranium or plutonium, (bb)processing or utilizing spent fuel or(cc)handling, processing
or packaging waste; (iii)any equipment or device used for the processing, fabricating or alloying of special nuclear
material if at any time the total amount of such material in the custody of the Covered Party at the premises where
such equipment or device is located consists of or contains more than 25 grams of uranium m235; (iv) any
structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste; and (v)
includes the site on which any of the foregoing is located, all operations conducted on such site, and all premises
used for such operation;
g. "Nuclear reactor' means any apparatus designed or used to sustain nuclear fission in a self-supporting chain
reaction or to contain a critical mass of fissionable material;
h. "Property damage"includes all fors of radioactive contamination of property.
GG. To liability caused directly or indirectly by, arising out of or resulting from oral or written publication of material, if done by or
at the direction of the Member Agency with knowledge of its falsity.
HH. To liability caused directly or indirectly by, arising out of or resulting from fungi or bacteria of any type regardless of the
cause of the growth,proliferation or accretion.
It. To liability arising out of the ownership,maintenance,use or operation of any railroad yard,track,facility or equipment, other
then trolley, streetcar, and similar "street railroad' (as the ter "street railroad" is defined by Section 386.020, RSMo)
equipment and facilities for public use in the providing of local public transportation service upon the roads, streets,
highways and public places in or adjacent to a Member Agency.
JJ. To liability arising out of the ownership, maintenance, use or operation of, loading, unloading, or entrustment to others of
owned,non-owned,or hired trains or other railroad equipment.
KK. To liability for Bodily Injury or Property Damage resulting from an act which is a violation of State or Federal criminal law,
or county or municipal ordinance defining, or imposing a penalty for, a felony, misdemeanor or infraction, committed by any
Covered Party. This exclusion applies even if:
1. such Covered Party lacks the mental capacity to for intent;
2. such Bodily Injury or Property Damage is of a different kind or degree than expected or intended;or
3. such Bodily Injury or Property Damage is sustained by a different person, or persons, other than expected or
intended.
This exclusion applies whether or not the Covered Party is charged or convicted of a violation of State or Federal
criminal law, County or Municipal Ordinance.
LL. To liability of any Law Enforcement officer or school protection officer of the Member Agency with arrest or detention
authority who has not completed all applicable training,licensure and other requirements determined applicable to that Law
6 MNO(Rw.1-18)
Enforcement officer or school protection officer by the Peace Officer Standards & Training Commission, established
pursuant to Section 590.120, RSMo.
MM. To liability resulting from or arising out of the activities of any law enforcement officers making use of a canine in connection
with the execution of the officers official duties that has not completed appropriate training relating to use of service dogs in
law enforcement.
NN. To liability resulting from or arising out of daycare operations that are required,but fail,to be appropriately licensed.
00. To liability resulting from or arising out of a fireworks display not directly supervised by a qualified pyrotechnician.
PP. To liability resulting from or arising out of the activities of any wrongful act or omission by a Covered Party,which results in
Bodily Injury or Property Damage which is reasonably expected or intended by the Covered Party.
QQ. To liability for Bodily Injury to any passenger in an owned, non-owned, or hired automobile whose presence in such
owned,non-owned,or hired automobile is not in furtherance of the official pursuits of the Member Agency.
V. WORDS AND PHRASES WITH SPECIAL MEANING
As used in this Memorandum of Coverage, the Memorandum of Coverage Declarations and all Forms and Endorsements
annexed to the Memorandum of Coverage,the following words and phrases shall mean:
Aircraft means a vehicle designed for the transport of persons or property primarily in the air, provided, however, that an
unmanned aircraft of a total weight of 55 pounds or lase operated by a Member Agency or by a Covered Party on behalf of a
Member Agency(1) in furtherance of the official pursuits of the Member Agency; and (2)within the course and scope of the
Covered Party's duties; and (3) in compliance with all applicable federal, state and local statutes, rules, regulations and
ordinances;shall not be construed to be an'aircraft"for purposes of this Memorandum of Coverage.
Automobile means a land motor vehicle or trailer licensed for highway use.
Automobile Liability means liability for bodily Injury or property damage that results from the negligent acts or omissions by a
Covered Party arising out of the operation of an automobile within the course and scope of the Covered Party's duties.
Authorized Volunteer means an individual who renders any service at the direction of and directly for the benefit of the
Member Agency (as designated in the Declarations) without expectation of receiving a wage or salary, and shall include
unpaid officers and Board or Commission members of any Member Agency.
Bodily Injury means physical injury, sickness, disease, disability or death sustained by a person and includes any resulting
mental injury,emotional distress,shock or loss of services.
Covered Party means any person or entity set forth in Section III of this memorandum.
Defense costs means all fees and expense mused by and relating to the adjustment, investigation, defense or litigation of a
claim including attorneys'fees,court costs and interest on judgments accruing after entry of judgment. Defense costs shall not
include the office expenses of the Covered Party or the salaries of employees or officials of any Covered Party.
Employee means an individual who receives wages or salary directly from the Member Agency (as designated in the
Declarations)for work performed at the direction of and directly for the benefit of the Member Agency.
Employment Practices Liability means liability claimed by or on behalf of an Employee or former Employee of a Member
Agency or an applicant for employment by a Member Agency resulting from violation of the Employee's, former Employee's,
or applicant's legal right(s)as an Employee or former Employee of,or applicant for employment by,the Member Agency.
Fungi means any type or form of fungus, including mold or mildew, and any mycotoxins, spores, scents or by-products
produced or released by fungi.
General Liability means liability that results from any claim or cause of action described in Section I.A.2 of this Memorandum of
Coverage, INCLUDING claims or causes of action not subject to the foregoing Exclusions for(1)libel, slander or defamation of
character; (2) invasion of privacy; (3) wrongful entry or eviction, or other invasion of the right of private occupancy; (4) assault
and battery; and (5)discrimination prohibited by law or violation of federal civil rights laws; but which are not claims or causes of
action for liability specifically defined by this Memorandum of Coverage as Automobile Liability, Employment Practices
Liability,Law Enforcement Liability,Healthcare Malpractice Liability,or Public Officials Errors and Omissions Liability.
Healthcare Malpractice Liability means liability of a registered nurse, licensed practical nurse, nurses' aide, emergency
medical technician, paramedic or ambulance service personnel, but not liability of the Member Agency, for bodily Injury or
property damage resulting from the improper, unskilled, or negligent care or treatment of a patient by the registered nurse,
licensed practical nurse, nurses' aide, emergency medical technician, paramedic or ambulance service personnel, directly
7 MgMRw.1-1et
employed by the Member Agency as specifically designated in the declarations and while acting (1)within the course and
scope of their duties for said designated Member Agency, and(2)in furtherance of the official pursuits of the Member Agency.
Hired automobile means an automobile used under contract on behalf of or loaned to the Member Agency provided such
automobile is not owned by or registered in the name of (1) the Member Agency or (2) an employee or servant of the
Member Agency.
Law Enforcement Liability means liability that results from an act while conducting any official activity or operation(s) of(1) a
Member Agency's police department, sheriff agency or other public safety organization that enforces the law and protects
persons and/or property from breaches of the law; or(2)a Member Agency that has employed one or more law enforcement
officers with the power of arrest for a violation of the criminal code, or declared or deemed to be a peace officer by state statute;
or(3) a Member Agency that is a county that has employed and compensates one or more juvenile officers or deputy juvenile
officers exercising authority pursuant to Section 211.401, RSMo; or (4) a Member Agency that employs one or more court
marshals with the power of arrest granted by state law or local order or ordinance;or(5)a Member Agency that employs one or
more jailers, detention officers, custodial officers, or persons exercising duties and authority to detain and maintain detention of
any person arrested or confined by a law enforcement officer, including jailers exercising authority pursuant to Chapter 221,
RSMo; or(6) a Member Agency that is a school district that has designated one or more school protection officers or school
attendance officers,while acting pursuant to the requirements of Sections 160.665 or 167.071, RSMo.
Member Agency means the local public agency designated in the declarations and shall not include any other entity or
agency under which said designated Member Agency may do business unless specifically included in the declarations.
MOPERM means the Missouri Public Entity Risk Management Fund.
Non-owned automobile means an automobile not owned by or registered in the name of, hired by, leased or rented by, or
loaned to the Member Agency.
Occurrence means an accident during the coverage period, or an event that first occurs during the coverage period, or
continuous, intermittent or repeated exposure to conditions that commence during the coverage period, any of which accidents,
events or exposures causes Bodily Injury or Properly Damage neither expected nor intended by the Covered Party. All
bodily Injuries or property damages arising out of continuous or repeated exposure to substantially the same general
condition shall be considered as arising out of one Occurrence. Bodily Injury or Properly Damage that results from an act
that is intended by the Covered Party to cause Bodily Injury or Property Damage is not an injury or damage that is neither
expected nor intended.
Owned Automobile means an automobile owned by or under a lease of 30 days or more to the Member Agency.
Property Damage means (1) physical injury to or destruction of tangible property, including the loss of use thereof at any
time,or(2)loss of use of tangible property which has not been physically injured or destroyed.
Public Officials Errors and Omissions Liability means liability that occurs as a result of a breach of duty by the Covered
Party resulting from the Covered Party's actual or perceived negligent action or inaction, mistake, misstatement, error,
neglect, inadvertence or omission by the Covered Party in the course and scope of the Covered Party's duties with the
Member Agency; but does not include(1)Bodily Injury or Property Damage that results from an act that is intended by the
Covered Party to cause Bodily Injury or Property Damage;or(2)claim by a Member Agency against a Covered Party who
is an official or an employee of the Member Agency.
Ultimate Net Loss means the sum actually paid or payable in cash in the settlement or satisfaction of losses, for which the
Covered Party is liable either by (1) adjudication or (2) compromise with the written consent of MOPERM, after making
proper deduction for all recoveries and salvages collectible. Ultimate Not Loss does not include Defense Costs. MOPERM's
obligation to pay any Ultimate Net Loss shall under no circumstances exceed the amount of MOPERM's Limit of Liability.
Use of an automobile includes the loading and unloading thereof.
Watercraft means a vehicle designed for the transport of persons or property primarily in or on water.
VI. CONDITIONS
A. Coverage Dependent on Application/Payment for,and Extension of,Coverage. Coverage for any liability provided by
this Memorandum of Coverage shall be subject to and conditioned upon (1) application by the Member Agency for
coverage of that particular liability; (2) agreement by MOPERM to extend coverage for that specific liability to the Member
Agency; and (3) payment by or on behalf of the Member Agency (or entry by the Member Agency and MOPERM into a
payment agreement prior to the Occurrence) for coverage of that specific liability of the full contribution assessed by
MOPERM for that coverage.
B. Deposit/Adjustment. All deposits and retrospective adjustments in connection with this Memorandum of Coverage shall
be computed in accordance with the rating plans developed by MOPERM.
8 M8MRW..1-18)
C. Inspection and Audit MOPERM shall be permitted but not obligated to inspect the Member Agency's property and
operations at any time. MOPERM may examine and audit the Member Agency's books and records at any time prior to
cessation of the Member Agency's financial obligations under MOPERM's rating plan.
D. Covered Parry's Duties In the Event of Occurrence,Claim or Suit
1. In the event of an occurrence, written notice containing particulars sufficient to identify the Covered Party and also
reasonably obtainable information with respect to the time, place and circumstances thereof, and the dames and
addresses of the injured and of available witnesses, shall be given by or for the Covered Party to MOPERM or any of
its authorized agents as soon as practicable.
2. If claim is made or suit brought against the Covered Party, the Covered Party shall immediately forward to
MOPERM every demand, notice,summons or process received.
3. The Covered Party shall cooperate with MOPERM and, upon MOPERM's request,assist in making settlements, in the
conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be
liable to the Covered Party because of injury or damage with respect to which coverage is afforded under this
memorandum; and the Covered Party shall attend hearings and trials and assist in securing and giving evidence and
obtaining the attendance of witnesses. The Covered Party shall not, except at the Covered Party's cost, voluntarily
make payment,assume any obligation or incur any expense other than for first aid or damage mitigation.
4. MOPERM shall not be liable for occurrences, suits or claims in which the Member Agency fails to comply with this
Subsection.
E. Action Against MOPERM. No action shall lie against MOPERM unless, as a condition precedent thereto, there shall
have been full compliance with all of the terms of this memorandum, nor until the amount of the Covered Party's obligation
to pay shall have been finally determined either by judgment against the Covered Party atter actual trial or by written
agreement of the Covered Party,the claimant and MOPERM.
Any person or organization or the legal representative thereof who has secured such judgment or written agreement
shall thereafter be entitled to recover under this memorandum to the extent of the coverage afforded by this memorandum.
No person or organization shall have any right under this memorandum to join MOPERM as a party to any action against
Covered Party to determine the Covered Party's liability, nor shall MOPERM be impleaded by the Covered Party or
the Covered Party's legal representative. Bankruptcy or insolvency of the Covered Party or of the Covered Party's
estate shall not relieve MOPERM of any of its obligations hereunder.
F. Other Coverage. The coverage afforded in this memorandum shall be excess of and not contribute with any other valid
and collectible coverage,other than any excess or umbrella coverage procured by MOPERM or the Member Agency.
G. Multiple Coverage Periods. An occurrence with a duration of more than one coverage period shall be treated as a
single occurrence arising during the coverage period when the occurrence begins.
H. Subrogation. In the event of any payment under this memorandum, MOPERM shall be subrogated to all the Covered
Party's rights of recovering therefor against any person or organization and the Covered Party shall execute and
deliver instruments and papers and do whatever else is necessary to secure such rights. The Covered Party shall do
nothing after loss to prejudice such rights.
1. Withdrawal/Cancellation. MOPERM may cancel the Member Agency's participation in MOPERM for non-payment of
any contribution, assessment, deposit, retrospective adjustment or any other receivable, whether in whole or part, with 10
days'advance written notice.
J. Changes. This memorandum shall not be changed except by written endorsement hereto.
K. Increase in Hazard. Unless otherwise provided in writing added hereto, MOPERM shall not be liable for loss occurring
while hazards are increased by any means within the control or knowledge of the Member Agency.
L. Assessments. If contributions received by MOPERM in any year do not produce sufficient funds to pay claims which are
due for that year, the Member Agency shall be subject to an assessment This condition shall also apply to any
Member Agency who has withdrawn from MOPERM but was a Member Agency during any portion of the year for which
the assessment is required.
M. Refunds. If contributions received by MOPERM in any fiscal year produce an ending balance exceeding projected
needs and adequate reserves, the Member Agency may, at the discretion of the Board of Trustees, be paid a refund.
9 M900(Rev.1-18)
MOPERM STATEMENT OF LIABILITY COVERAGE
MEMBER AGENCY: INTERESTED PARTY:
CITY OF RIVERSIDE COLONIAL PACIFIC LEASING CORPORATION
2950 NW VIVION RD 300 E JOHN CARPENTER FREEWAY STE 200
RIVERSIDE MO 64150 IRVING TX 75062
Memorandum Coverage Period: 12:01 a.m.1-1-2018 to 12:01 a.m. 1-1-2019
Memorandum Number. 1002 Policy Number: LP-1002-201801
GENERAL LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section II of the Memorandum of Coverage.
AUTOMOBILE LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section II of the Memorandum of Coverage.
Comprehensive Form including:
• Bodily Injury Liability
• Property Damage Liability
• Pudic Officials Errors&Omissions Liability
• Employment Practices Liability
• Healthcare Melpratice
• Law Enforcement Liability
• Owned,Non Owned or Hired Automobiles
Coverages are subject to the terms and conditions of Bre Memorandum of Coverage and Memorandum of Coverage Declarations Issued to the
Member Agency. Limit is not subject to an annual aggregate.
THE INTERESTED PARTY SHOWN ABOVE IS INCLUDED AS:Additional Covered Party
DESCRIPTION:
Bobcat S250 Serial No.A5GM35812.
Should the above described memorandum be cancelled before the expiration date thereof,MOPERM will endeavor to mail written notice to the
Interested Party shown above,but failure to mall such notice shall Impose no obligation or liability of any kind upon MOPERM or Its representatives.
Issued by Missouri Public Entity Risk Management Fund(MOPERM).P.O.Box 7110,Jefferson City,MO 65102
By: Date: 12-1-2017
M602A(Ed.1-17)
MOPERM STATEMENT OF LIABILITY COVERAGE
MEMBER AGENCY: INTERESTED PARTY:
CITY OF RIVERSIDE INTERCONTINENTAL ENGINEERING
2950 NW VMON RD MANUFACTURING CORPORATION
RIVERSIDE MO 64160 PO BOX 9065
RIVERSIDE MO 64168
Memorandum Coverage Period: 12:01 a.m.1-1-2018 to 12:01 a.m.1-1-2019
Memorandum Number. 1002 Policy Number: LP-1002-201801
GENERAL LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section II of the Memorandum of Coverage.
AUTOMOBILE LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section II of the Memorandum of Coverage.
Comprehensive Form including:
• Bodily Injury Liability
• Property Damage Liability
• Public Officials Errors&Omissions Liability
• Employment Practices Liability
• Healthcare Malpratice
• Law Enforcement Liability
• Owned,Non Owned or Hired Automobiles
Coverages are subject to the terms and conditions of the Memorandum of Coverage and Memorandum of Coverage Declarations issued to the
Member Agency. Limit is not subject to an annual aggregate.
THE INTERESTED PARTY SHOWN ABOVE IS INCLUDED AS:Additional Covered Party
DESCRIPTION:
on th respto wities f r or beh of e r qo� as t�orh the Mrsaouri Rrverfrord Trail a neem .Ottr gddltl nel
v�r� ar�l�s arside i indaro�enr evee District P.O.Box 1fS8� tte L�y MO 079:Damon Pursell ConsUu n Company�b0 N.CRurch
Should the above described memorandum be cancelled before the expiration date thereof,MOPERM will endeavor to mail written notice to the
Interested Party shown above,but failure to mail such notice shall Impose no obligation or liability of any kind upon MOPERM or its representatives.
Issued by Missouri Public Entity Risk Management Fund(MOPERM).P.O.Box 7110,Jefferson City,MO 65102
By: Date: 12-1_2412
M602A(Ed.1-17)
MOPERM STATEMENT OF LIABILITY COVERAGE
MEMBER AGENCY: INTERESTED PARTY:
CITY OF RIVERSIDE DAMON PRUSELL CONTRUCTION CO
2950 NW VIVION RD 300 N CHURCH RD
RIVERSIDE MO 64160 LIBERTY MO 64068
Memorandum Coverage Period: 12:01 a.m.1-1-2018 to 12:01 a.m.1-1-2019
Memorandum Number: 1002 Policy Number. LP-1002-201801
GENERAL LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section II of the Memorandum of Coverage.
AUTOMOBILE LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section II of the Memorandum of Coverage.
Comprehensive Form including:
• Bodily Injury Liability
• Properly Damage Liability
• Public Officials Errors&Omissions Liability
• Employment Practices Liability
• Healthcare Malpratice
• Law Enforcement Liability
• Owned,Non Owned or Hired Automobiles
Coverages are subject to the terms and conditions of the Memorandum of Coverage and Memorandum of Coverage Declarations Issued to the
Member Agency. Limit is not subject to an annual aggregate.
THE INTERESTED PARTY SHOWN ABOVE IS INCLUDED AS:Additional Covered Parry
DESCRIPTION: a M� R�er(ron� s� m he pd y
g�u�t only v 8tdriegsp qtto the activitles f r ar on behag of the err er�e CY as set h 078;Damon Purcell CaristriictronecomperOt 3,r NdICRuarch
Rd iberly tdOsf)4 iuraide-Quindaro n Levee is cl x 1 Matte Cily
Should the above described memorandum be cancelled before the expiration date thereof,MOPERM will endeavor to mail written notice to the
Interested Party shown above,but failure to mail such notice shall impose no obligation or liability of any kind upon MOPERM or Its representatives.
Issued by Missouri Public Entity Risk Management Fund(MOPERM).P.O.Box 7110,Jefferson City,MO 65102
By: Date: 12-1-2017
M602A(Ed.1-17)
MOPERM STATEMENT OF LIABILITY COVERAGE
MEMBER AGENCY: INTERESTED PARTY:
CITY OF RIVERSIDE MISSOURI AMERICAN WATER CO
2950 NW VIVION RD 101 E 1ST ST
RIVERSIDE MO 64150 PARKVILLE MO 64152
Memorandum Coverage Period: 12:01 a.m.1-1-2018 to 12:01 a.m.1-1-2019
Memorandum Number: 1002 Policy Number: LP-1002-201801
GENERAL LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section II of the Memorandum of Coverage.
AUTOMOBILE LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section II of the Memorandum of Coverage.
Comprehensive Form including:
• Bodily Injury Liability
• Property Damage Liability
• Public Officials Errors&Omissions Liability
• Employment Practices Liability
• Healthcare Malpretice
• Law Enforcement Liability
• Owned,Non Owned or Hired Automobiles
Coverages are subject to the terms and conditions of the Memorandum of Coverage and Memorandum of Coverage Declarations issued to the
Member Agency. Limit is not subject to an annual aggregate.
THE INTERESTED PARTY SHOWN ABOVE IS INCLUDED AS:Additional Covered Party
DESCRIPTION:
But only with respect to the water storage facility owned by the Member Agency and leased to the above Interested Party.
Should the above described memorandum be cancelled before the expiration date thereof,.MOPERM will endeavor to mail written notice to the
Interested Party shown above,but failure to mail such notice shall impose no obligation or liability of any kind upon MOPERM or its representatives.
Issued by Missouri Public Entity Risk Management Fund(MOPERM).P.O.Box 7110,Jefferson City,MO 65102
By: Date: 12-1-2017
M602A(Ed.1-17)
MOPERM STATEMENT OF LIABILITY COVERAGE
MEMBER AGENCY: INTERESTED PARTY:
CITY OF RIVERSIDE RNERSIDE-QUINDARO BEND LEVEE DISTRICT
2950 NW VIVION RD ATTN MIKE MCGINNESS ESQ
RIVERSIDE MO 64150 PO BOX 168
PLATTE CITY MO 64079
Memorandum Coverage Period: 12:01 a.m.1-1-2018 to 12:01 a.m.1-1-2019
Memorandum Number: 1002 Policy Number: LP-1002-201801
GENERAL LIABILITY$2,000,000 PER OCCURRENCE as set forth In Section II of the Memorandum of Coverage.
AUTOMOBILE LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section II of the Memorandum of Coverage.
Comprehensive Form including:
• Bodily Injury Liability
• Property Damage Liability
• Public Officials Errors&Omissions Liability
• Employment Practices Liability
• Healthcare Malpratice
• Law Enforcement Liability
• Owned,Non Owned or Hired Automobiles
Coverages are subject to the terms and conditions of the Memorandum of Coverage and Memorandum of Coverage Declarations Issued to the
Member Agency. Limit is not subject to an annual aggregate.
THE INTERESTED PARTY SHOWN ABOVE IS INCLUDED AS:Additional Covered Party
DESCRIPTION:
But only with respect to the activities for or on behalf of the Member Agency as set forth in the Missouri Riverfront Trail agreement.Other
Addition8I C Part@s:
3MIprhter�orhtign�I ngmeenng-Manufactudng Corporation
vvpershi�ehl�u1�0564Cr11668
LiberN.
lY M064068 sWdian Company
Should the above described memorandum be cancelled before the expiration date thereof,MOPERM will endeavor to mail written notice to the
Interested Party shown above,but failure to mail such notice shall Impose no obligation or liability of any kind upon MOPERM or Its representatives.
Issued by Missouri Public Entity Risk Management Fund(MOPERM).P.O.Box 7110,Jefferson City,MO 65102
By. Date: 12-1-2017
M602A(Ed.1-17)
MOPERM STATEMENT OF LIABILITY COVERAGE
MEMBER AGENCY: INTERESTED PARTY:
CITY OF RIVERSIDE THE MISSOURI GAMING COMPANY
2950 NW VIVION RD DBA ARGOSY RIVERSIDE CASINO
RIVERSIDE MO 64150 777 ARGOSY PARKWAY
RIVERSIDE MO 64150
Memorandum Coverage Period: 12:01 a.m.1-1-2018 to 12:01 a.m. 1-1-2019
Memorandum Number: 1002 Policy Number: LP-1002-201801
GENERAL LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section II of the Memorandum of Coverage.
AUTOMOBILE LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section II of the Memorandum of Coverage.
Comprehensive Form including:
• Bodily Injury Liability
• Property Damage Liability
• Public Officials Errors 8 Omissions Liability
• Employment Practices Liability
• Healthcare Malpratice
• Law Enforcement Liability
• Owned,Non Owned or Hired Automobiles
Coverages are subject to the terms and conditions of the Memorandum of Coverage and Memorandum of Coverage Declarations Issued to the
Member Agency. Limit is not subject to an annual aggregate.
THE INTERESTED PARTY SHOWN ABOVE IS INCLUDED AS:Additional Covered Party
DESCRIPTION: t �s beh�
a�ndob4se�starVon the rr000X�of Me�n?e anted Paf of they Member Agency in regards to the License Agreement to install and maintain an antenna
Should the above described memorandum be cancelled before the expiration date thereof,MOPERM will endeavor to mail written notice to the
Interested Party shown above,but failure to mail such notice shall Impose no obligation or liability of any kind upon MOPERM or Its representatives.
Issued by Missouri Public Entity Risk Management Fund(MOPERM).P.O.Box 7110,Jefferson City,MO 65102
By: Date: 12-1-2017
M602A(Ed.1-17)
MOPERM STATEMENT OF LIABILITY COVERAGE
MEMBER AGENCY: INTERESTED PARTY:
CITY OF RIVERSIDE ACA FINANCIAL GUARANTY
2950 NW VMON RD 600 5TH AVENUE 2ND FLOOR
RIVERSIDE MO 64150 NEW YORK NY 10020
Memorandum Coverage Period: 12:01 a.m.1-1-2018 to 12:01 a.m.1-1-2019
Memorandum Number. 1002 Policy Number: LP-1002-201801
GENERAL LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section 11 of the Memorandum of Coverage.
AUTOMOBILE LIABILITY$2,000,000 PER OCCURRENCE as set forth In Section II of the Memorandum of Coverage.
Comprehensive Farm including:
• Bodily Injury Liability
• Property Damage Liability
• Public Officials Errors&Omissions Liability
• Employment Practices Liability
• Healthcare Malpratice
• Law Enforcement Liability
• Owned,Non Owned or Hired Automobiles
Coverages are subject to the temps and conditions of the Memorandum of Coverage and Memorandum of Coverage Declarations issued to the
Member Agency. Limit is not subject to an annual aggregate.
THE INTERESTED PARTY SHOWN ABOVE IS INCLUDED AS:Additional Covered Party
DESCRIPTION:
BUT ONLY 1MTH RESPECT TO THE ACTIVITIES FOR OR ON BEHALF OF THE MEMBER AGENCY.
Should the above described memorandum be cancelled before the expiration date thereof,MOPERM will endeavor to mail written notice to the
Interested Party shown above,but failure to mail such notice shall Impose no obligation or liabghy,of any kind upon MOPERM or Its representatives.
Issued by Missouri Public Entity Risk Management Fund(MOPERM).P.O.Box 7110,Jefferson City,MO 65102
By: Date: 12-1_2017
M602A(Ed.1-17)
MOPERM STATEMENT OF LIABILITY COVERAGE
MEMBER AGENCY: INTERESTED PARTY:
CITY OF RIVERSIDE STEVE ORR
2950 NW VIVION RD 5250 BLUFF CIRCLE
RIVERSIDE MO 54150 PARKVILLE MO 54152
Memorandum Coverage Period: 12:01 a.m.1-1-2018 to 12:01 a.m.1-1-2018
Memorandum Number. 1002 Policy Number: LP-1002-201801
GENERAL LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section II of the Memorandum of Coverage.
AUTOMOBILE LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section II of the Memorandum of Coverage.
Comprehensive Form including:
• Bodily Injury Liability
• Property Damage Liability
• Public Officials Errors&Omissions Liability
• Employment Practices Liability
• Healthcare Malpratice
• Law Enforcement Liability
• Owned,Non Owned or Hired Automobiles
Coverages are subject to the terms and condition of the Memorandum of Coverage and Memorandum of Coverage Declarations issued to the
Member Agency. Limit is not subject to an annual aggregate.
THE INTERESTED PARTY SHOWN ABOVE IS INCLUDED AS: Liability Proof of Coverage
DESCRIPTION:
But oniv with regpeq theaheIaT=es.fo cr on behalf of the%vn r Aaenz revrOQ cov rage for the medical director in an'administrad"'capacity
on1Y y acbmn s m a imca capaa are exdu ad under ra e m
Should the above described memorandum be cancelled before the expiration date thereof,MOPERM will endeavor to mail written notice to the
Interested Party shown above,but failure to mail such notice shall impose no obligation or liability of any kind upon MOPERM or Its representatives.
Issued by Missouri Pudic Entity Risk Management Fund(MOPERM).P.O.Box 7110,Jefferson City,MO 85102
By: Date: 12-1-2017
M602A(Ed.1-17)
MOPERM STATEMENT OF LIABILITY COVERAGE
MEMBER AGENCY: INTERESTED PARTY:
CITY OF RIVERSIDE KANSAS STATE BANK
2950 NW VMON RD PO BOX 69
RIVERSIDE MO 64150 1010 WESTLOOP
MANHATTAN KS 66605-0069
Memorandum Coverage Period: 12:01 a.m.1-1-2018 to 12:01 a.m.1-1-2019
Memorandum Number: 1002 Policy Number: LP-1002-201801
GENERAL LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section II of the Memorandum of Coverage.
AUTOMOBILE LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section It of the Memorandum of Coverage.
Comprehensive Form including:
• Bodily Injury Liability
• Property Damage Liability
• Public Officials Errors&Omissions Liability
• Employment Practices Liability
• Healthcare Malpratice
• Law Enforcement Liability
• Owned,Non Owned or Hired Automobiles
Coverages are subject to the terms and conditions of the Memorandum of Coverage and Memorandum of Coverage Declarations Issued to the
Member Agency. Limit is not subject to an annual aggregate.
THE INTERESTED PARTY SHOWN ABOVE IS INCLUDED AS:Additional Covered Party
2DUES6CggRIIhbPTIOgN: U g 3N gLJB 8985 wI6�7 TOWN LLdc SN 1
2016 Bobcat E635[&I ldJetoerJW AR1 K13100,,2 24"BudcetB,8N 1tY 32ti6832969 and 74"Smooth Bucket SN 1133462
Should the above described memorandum be cancelled before the expiration date thereof,MOPERM will endeavor to mail written notice to the
Interested Party shown above,but failure to mail such notice shall Impose no obligation or liability of any kind upon MOPERM or Its representatives.
Issued by Missouri Public Entity Risk Management Fund(MOPERM).P.O.Box 7110,Jefferson City,MO 65102
By: Date: 12-1-2417
M602A(Ed.1-17)
MOPERM STATEMENT OF LIABILITY COVERAGE
MEMBER AGENCY: INTERESTED PARTY:
CITY OF RIVERSIDE BNSF RAILWAY COMPANY
2950 NW VMON RD PO BOX 140528
RIVERSIDE MO 64150 KANSAS CITY MO 64114
Memorandum Coverage Period: 12:01 a.m.1-1-2018 to 12:01 a.m.1-1-2019
Memorandum Number. 1002 Policy Number: LP-1002-201801
GENERAL LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section II of the Memorandum of Coverage.
AUTOMOBILE LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section II of the Memorandum of Coverage.
Comprehensive Form including:
• Bodily Injury Liability
• Property Damage Liability
• Public Officials Errors 8 Omissions Liability
• Employment Practices Liability
• Healthcare Malpratice
• Law Enforcement Liability
• Owned,Non Owned or Hired Automobiles
Coverages are subject to the terms and conditions of the Memorandum of Coverage and Memorandum of Coverage Declarations issued to the
Member Agency. Limit is not subject to an annual aggregate.
THE INTERESTED PARTY SHOWN ABOVE IS INCLUDED AS:Additional Covered Parry
gDuE�SCtRIIPTION: to Membe�ga na Z C ��p� nsd red ori a
Rlt'6f`S�'ub res Qn has n waoi ori behae axtenas w8hin 3�bn�etreo�th r reilro�ad prreoperty4Thirijl aaya Coverage of cence118ti shell be
p ded tot a at e a s awnca .
Should the above described memorandum be cancelled before the expiration date thereof.MOPERM will endeavor to mail written notice to the
Interested Party shown above,but failure to mail such notice•hall impose no obligation or liability of any kind upon MOPERM or its representatives.
Issued by Missouri Public Entity Risk Management Fund(MOPERM).P.O.Box 7110,Jefferson City,MO 65102
By: Date: 12-1-2017
M602A(Ed.1-17)
MOPERM STATEMENT OF LIABILITY COVERAGE
MEMBER AGENCY: INTERESTED PARTY:
CITY OF RIVERSIDE BNSF RAILWAY COMPANY
2950 NW VIVION RD PO BOX 140528
RIVERSIDE MO 64150 KANSAS CITY MO 64114
Memorandum Coverage Period: 12:01 a.m.1-1-2018 to 12:01 a.m.1-1-2019
Memorandum Number. 1002 Policy Number: LP-1002-201801
GENERAL LIABILITY$2,000,000 PER OCCURRENCE asset forth in Section II of the Memorandum of Coverage.
AUTOMOBILE LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section II of the Memorandum of Coverage.
Comprehensive Form including:
• Bodily Injury Liability
• Property Damage Liability
• Public Ofildals Errors&Omissions Liability
• Employment Practices Liability
• Healthcare Malpratice
• Law Enforcement Liability
• Owned,Non Owned or Hired Automobiles
Coverages are subject to the terns and conditions of the Memorandum of Coverage and Memorandum of Coverage Declarations Issued to the
Member Agency. Limit is not subject to an annual aggregate.
THE INTERESTED PARTY SHOWN ABOVE IS INCLUDED AS:Additional Covered Party
DESCRIPTION:
But on rQ ed to the activities for or an behalf of the Member pasha re9ardina the Pipeline goreement.Coveraaa Is ce idered rimarv.
Subro anon n9 (g.have no sen warvetl.Cav a e extends within W Test of cne reilFaad properly.Thirty days written notice 0 cancellAfc n shall be
provitl to th€RarNSY authe above shown a
Should the above described memorandum be cancelled before the expiration date thereof,MOPERM will endeavor to mail written notice to the
Interested Party shown above,but failure to mail such notice shall Impose no obligation or liability of any kind upon MOPERM or Its representatives.
Issued by Missouri Public Entity Risk Management fund(MOPERM).P.O.Box 7110,Jefferson City,MO 65102
By: Date: 12-1_-2017
M602A(Ed.1-17)
MOPERM STATEMENT OF LIABILITY COVERAGE
MEMBER AGENCY: INTERESTED PARTY:
CITY OF RIVERSIDE SUGAR CREEK RANGE
2950 NW VIVION RD 1801 COURTNEY
RIVERSIDE MO 64150 SUGAR CREEK MO 64054
Memorandum Coverage Period: 12:01 a.m.1-1-2018 to 12:01 a.m.1-1-2019
Memorandum Number: 1002 Policy Number: LP-1002-201801
GENERAL LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section 11 of the Memorandum of Coverage.
AUTOMOBILE LIABILITY$2,000,000 PER OCCURRENCE as set forth In Section II of the Memorandum of Coverage.
Comprehensive Form including:
• Bodily Injury Liability
• Property Damage Liability
• Public Officials Errors&Omissions Liability
• Employment Practices Liability
• Healthcare Malpratice
• Law Enforcement Liability
• Owned,Non Owned or Hired Automobiles
Coverages are subject to the terms and conditions of the Memorandum of Coverage and Memorandum of Coverage Declarations issued to the
Member Agency. Limit is not subject to an annual aggregate.
THE INTERESTED PARTY SHOWN ABOVE IS INCLUDED AS: Uabifity Proof of Coverage
DESCRIPTION:
Should the above described memorandum be cancelled before the expiration date thereof,MOPERM will endeavor to mail written notice to Bre
Interested Party shown above,but failure to mail such notice shall Impose no obligation or liability of any kind upon MOPERM or Its representatives.
Issued by Missouri Public Entity Risk Management Fund(MOPERM).P.O.Box 7110,Jefferson City,MO 65102
By: Date: 12-1-2017
M602A(Ed.1-17)
MOPERM STATEMENT OF LIABILITY COVERAGE
MEMBER AGENCY: INTERESTED PARTY:
CITY OF RIVERSIDE PARK HILL SCHOOL DISTRICT
2950 NW VMON RD 7703 NW BARRY RD
RIVERSIDE MO 64150 KANSAS CITY MO 64153
Memorandum Coverage Period: 12:01 a.m.1-1-2018 to 12:01 a.m.1-1-2019
Memorandum Number. 1002 Policy Number: LP-1002-201801
GENERAL LIABILITY$2,000,000 PER OCCURRENCE asset forth in Section II of the Memorandum of Coverage.
AUTOMOBILE LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section II of the Memorandum of Coverage.
Comprehensive Form including:
• Bodily Injury Liability
• Property Damage Liability
• Public Officials Errors&Omissions Liability
• Employment Practices Liability
• Healthcare Malpratice
• Law Enforcement Liability
• Owned,Non Owned or Hired Automobiles
Coverages are subject to the terms and conditions of the Memorandum of Coverage and Memorandum of Coverage Declarations Issued to the
Member Agency. Limit is not subject to an annual aggregate.
THE INTERESTED PARTY SHOWN ABOVE IS INCLUDED AS:Additional Covered Party
DESCRIPTION:
The Interested Party I ,incl ed as a h red Pawith respect to the written contract obligating coverage as is afforded by this agreement,but only
with respect tc the P ice partment olding adiv9 shooter training.
Should the above described memorandum be cancelled before the expiration date thereof,MOPERM will endeavor to mail written notice to the
Interested Party shown above,but failure to mail such notice shall Impose no obligation or liability of any kind upon MOPERM or its representatives.
Issued by Missouri Public Entity Risk Management Fund(MOPERM).P.O.Box 7110,Jefferson City,MO 65102
By. Date: 12-1-2017
M602A(Ed.1-17)
MOPERM STATEMENT OF LIABILITY COVERAGE
MEMBER AGENCY: INTERESTED PARTY:
CITY OF RIVERSIDE LIMB BANK NA
2950 NW VIVION RD 1010 GRAND BLVD
RIVERSIDE MO 64150 KANSAS CITY,MO 64106
Memorandum Coverage Period: 12:01 a.m.1-1-2018 to 12:01 a.m.1-1-2019
Memorandum Number: 1002 Policy Number: LP-1002-201801
GENERAL LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section If of the Memorandum of Coverage.
AUTOMOBILE LIABILITY$2,000,000 PER OCCURRENCE as set forth in Section II of the Memorandum of Coverage.
Comprehensive Form including:
• Bodily Injury Liability
• Property Damage Liability
• Public Officials Errors&Omissions Liability
• Employment Practices Liability
• Healthcare Malpratice
• Law Enforcement Liability
• Owned,Non Owned or Hired Automobiles
Coverages are subject to the terms and conditions of the Memorandum of Coverage and Memorandum of Coverage Declarations issued to the
Member Agency. Limit is not subject to an annual aggregate.
THE INTERESTED PARTY SHOWN ABOVE IS INCLUDED AS:Additional Covered Parry
7DIE�SCRIPTION: rN �n�uded red p rty ct W th contra 10 r� pv rein®
wHhlrespect` to the lri�ushial DevasdapnM Authontyand`I ieactivitles asssooaated w8hcthel6onnd`Se�`1087 rreysataed t he Igortpa�ea crop tybut on
d�gnal I t %steel Par .
A menga ceutahwnty Corporation
New�orgd 17 Floor
Should the above described memorandum be canceled before the expiration date thereof,MOPERM will endeavor to mail written notice to the
Interested Party shown above,but failure to mail such notice shall impose no obligation or liability of any kind upon MOPERM or its representatives.
Issued by Missouri Public Entity Risk Management Fund(MOPERM).P.O.Box 7110,Jefferson Cly,MO 65102
By: Date: 12-11417
M602A(Ed.1-17)
MISSOURI AUTOMOBILE INSURANCE IDENTIFICATION CARD
Missoud Public Entity Risk Mgnagement Fund
P.O.Box 7110
JeffenNon City,MO 55102-7110
coverage pro ided by this policy meets the minimum NabNlly Amps prescribed bylaw.
POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE
LP-1002-201801 1-1-2018 1-1-2019
VEHICLE DESCRIPTION
Fleet
CITY OF RIVERSIDE
2950 NW VIVION RD
RIVERSIDE MO 64150
MISSOURI AUTOMOBILE INSURANCE IDENTIFICATION CARD
Missoud Public Entity Risk Management Fund
P.O.Box 7110
Jefferson City,MO 65102-7110
The coverage provided by this policy meets the minimum liability limits prescribed by law.
POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE
LP-1002-201801 1-1-2018 1-1-2019
VEHICLE DESCRIPTION
Fleet
CITY OF RIVERSIDE
2950 NW VIVION RD
RIVERSIDE MO 64150
MISSOURI AUTOMOBILE INSURANCE IDENTIFICATION CARD
Missouri Public Entity Risk Management Fund
P.O.Box 7110
Jefferson City,MO 65102-7110
rho coverage provided by this policy meet the minimum liability limits preNsibad by law.
POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE
LP-1002-201801 1-1-2018 1-1-2019
VEHICLE DESCRIPTION
Fleet
CITY OF RIVERSIDE
2950 NW VIVION RD
RIVERSIDE MO 64150