PART II: GENERAL LIABILITY COVERAGE

1.GENERAL, LAW ENFORCEMENT AND AUTOMOBILE LIABILITY COVERAGE

Subject to all applicable limits of liability, deductibles, retentions, terms, conditions, and exclusions, the Pool will pay a “covered party’s” “legal liability” which the “covered party” shall become legally obligated to pay as “damages” because of “bodily injury” or “property damage” caused by an “occurrence” during the term of this Agreement, and to which this Agreement applies.

“Automobile” Liability coverage is provided to a “covered party” legally obligated to pay “damages” arising from the use of or operation of any “automobile” owned, leased or “hired” by or on behalf of a “member entity.”

 

2.DEFENSE

The Pool will have the right and duty to defend against any “claim” or “suit” brought against the “covered party” to the extent that it asserts “claims” for “legal liability” for the payment of “damages” which, if proven, the Pool would be obligated to pay under the terms of this, Part II General Liability Coverage, of this Agreement. The provisions of Part I, Defense, Applicable to All Liability Coverages of this Agreement apply to this General Liability Coverage Part.

 

3.SUPPLEMENTARY PAYMENTS

In the event of a “claim” covered under the General Liability coverage, the Pool shall, within the applicable limit of liability stated in the Declarations, also:

  1. Pay all contributions on bonds to release attachment for an amount not in excess of the applicable limits of liability of this Agreement, all contributions on appeal bonds required in any such defended “suit,” the cost of bail bonds required of the “covered party” (not to exceed the sum of $250 per bail bond), but without an obligation to apply for or furnish any such bonds.

  2. Pay all expenses incurred by the Pool, all costs taxed against the “covered party” in any such “suit” and all interest accruing after the entry of judgment until the Pool has paid, tendered or deposited in court such part of such judgment as does not exceed the Pool's liability thereon.

  3. Reimburse the “covered party” for all reasonable expenses, other than loss of earnings, incurred by it at the Pool's request to defend against “claims” asserted it.

 

4.DEDUCTIBLE

The “member entity” is required to pay for all “claims” deductibles as outlined in the declaration which arise from an “occurrence” or “series” of related “occurrences.” The Pool may, at its option, defend or settle a “claim.” If the Pool does so, the “member entity” must reimburse the Pool for any such amounts the Pool has advanced within 30 days after the Pool gives the “member entity” written notice of the Pool’s action.

 

5.CROSS LIABILITY

In the event of “suit” by any “covered party” herein for which another “covered party” herein has or may have “legal liability,” this Agreement shall cover such “covered party” against whom the “suit” is brought in the same manner as if separate Coverage Agreements had been issued to each “covered party.” However, nothing contained herein shall operate to increase the Pool's Limits of Liability. The Pool agrees to waive all rights of subrogation against all or any of the “member entities” or individuals comprising the “covered party.”

 

6.LIMITS OF LIABILITY

The Pool’s limits of liability for General Liability Coverage under this Agreement shall be the aggregate of all “damages,” payments, legal fees and “defense costs,” charges and expenses arising from any covered “occurrence” during the term of this Agreement, but shall not exceed the limits of liability set forth herein.

For the purpose of determining the Pool’s limits of liability under this Agreement, all “bodily injury” or “property damage” arising out of an “accidental” continuous or repeated exposure to substantially the same general conditions or from related conditions shall be considered as arising out of one “occurrence.” The date of the first exposure will serve as the date of the “occurrence.”

 

In the event an “occurrence” begins in one period of Agreement and ends in another, only the coverage and limits in the first period of Agreement at the time shall apply and only one per “occurrence” limit shall be available for each such multi-period of Agreement “occurrence.”

 

The total limits, aggregate limits or per “claim” limits of more than one coverage agreement shall not be stacked.

 

7.EXCLUSIONS

This Agreement does not cover, and the Pool shall not be obligated to make any payment or defend any “suit” in connection with or relating to:

  1. “Bodily injury” or “property damage” that:

    1. Arises out of an actual or alleged harm intentionally caused by the “covered party” or the actual or alleged willful misconduct by a “covered party” to cause “bodily injury” or “property damage.” This provision applies even if the “bodily injury” or “property damage” that actually occurs is different or greater than that which was intended by the “covered party;”

    2. Arises out of an act that the “covered party” knew or should have known would more probably than not cause “bodily injury” or “property damage.” This provision applies even if the “bodily injury” or “property damage” that actually occurs is different or greater than that which the “covered party” knew or should have known would be caused by the act;

    3. Arises out of sexual contact, physical abuse or molestation of any person by a “covered party,” or by any “employee” of or “authorized volunteer” for a “covered party;”

    4. Any claim or suit for damages which alleges liability or damages arising wholly or in part from any wrongful employment practice as that term is defined in Part VIII of this Agreement. Coverage for such claims is excluded herein regardless of whether or not coverage is extended in whole or in part under the terms and conditions of Part V Employment Practices Liability Coverage.

 

However, this exclusion ‘A’ does not apply to:

  1. “Bodily injury” resulting from an assault or battery which a “covered party” commits for the purpose of preventing injury to persons or damage to property; or

  2. “Bodily injury” resulting from corporal punishment; or

  3. “Bodily injury” resulting from a “covered party’s” acts in performance of official police duties.

 

However, this exception ‘c.’ does not apply if:

  1. The “covered party” acted maliciously;

  2. The “covered party” acted with actual knowledge that the conduct violated the injured person’s civil rights; or

  3. The “covered party” knowingly acted outside the course and scope of his or her official police duties.