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MEMORANDUM OF <br />LIABILITY COVERAGE <br />FOR THE <br />WASHINGTON COUNTIES RISK POOL <br />JOINT SELF-INSURANCE <br />LIABILITY PROGRAM <br />NOTICE: THE FOLLOWING LIABILITY <br />COVERAGES ARE PROVIDED BY THE <br />WASHINGTON COUNTIES RISK POOL, A <br />JOINT SELF-INSURANCE PROGRAM <br />AUTHORIZED BY RCW 48.62.031, IN <br />CONSIDERA TION OF THE <br />ASSESSMENTS CONTRIBUTED BY THE <br />MEMBER COUNTIES AND THEIR <br />STATUS AS SIGNATORY PARTIES TO <br />THE INTERLOCAL AGREEMENT. THE <br />WASHINGTON COUNTIES RISK POOL IS <br />NOT AN INSURANCE COMPANY, AND <br />THIS DOCUMENT IS NOT AN <br />INSURANCE POLICY. <br />COVERAGE FORM <br />1. JOINT SELF -INSURING AGREEMENT: The <br />Washington Counties Risk Pool ("Pool" or "WCRP") <br />shall pay on behalf of the member county and other <br />protected parties identified in Section 2 below, subject <br />to the terms and conditions of this Memorandum of <br />Liability Coverage ("MLC"), all sums of monetary <br />dal1!ages which a protected party shall become <br />obligated to pay by reason of liability imposed by law or <br />by rea.<iOll of liabili\?i ,assumCd under an indemnilV <br />contract for bodily injury, personal injury, property <br />damage, errors and omissions, and advertising injury <br />caused. by an occurr~nce during the MLC period and <br />o,:c~rnng anywhere In the world, but only if a suit <br />arIsing out of such occurrence is brought in the United <br />States or Canada. The Pool may at its discretion <br />investigate any occurrence and settle any claim or suit <br />that may result and shall defend any suit against the <br />protected party seeking monetary damages on account <br />of any of the five coverages identified above or any <br />combination thereof. ' <br />A. Monetary damages shall include: <br />I. All judgments, settlements, defense costs and <br />expenses incurred by the Pool, all costs taxed <br />against the protected party in any suit defended by <br />the Pool, and all interest on the entire amount of any <br />~udgment therein which accrues after entry of the <br />Judgment and before the Pool has paid or tendered <br />or deposited in court that part of the judgment <br />which does not exceed the limit of the Pool's <br />liability thereon; <br />2. Premiums on appeal bonds required in any <br />such suit, and premiums on bonds to release <br />attachments in any such suit for an amount not in <br />excess of the limit of liabil ity of this MLC, but the <br />Pool shall have no obligation to apply for or furnish <br />any such bonds; and <br />3. E:,penses incurred by the protecled party for <br />first aid to others at the time of an occurrence of <br />bodily injury to which this MLC applies; and <br />4.. ReasQnable ponse ' inClln',ed by the <br />protected party at the req uest of the P ool to assi I <br />the P'()OI in the investigation or defense of the claim <br />or suit, including ac~uall oss of earni ngs up to $250 <br />per day because of time off from wo rk. <br />Howcyc!' the am011l11 l~e ~o?1 shall be obligated to pay <br />for monetary dall1a,ges IS I'muted as set forth in Secli o,n <br />3 ~clow and any defense pl'~vjped by lhe Pool is fully <br />s,ah~ fie9 ~nd ,~ ischatgec! \~h en the 1)0 I has used ul lh e <br />lilllll o f_ Imb!hty coverage III the payment of judgmen\-S. <br />s~t~lell;!el1f:S, t1~fcn se 'co f 01' exp n es under thIs MLC . <br />1, h,s applies to~ both claihlS and suits .pcnding, at that <br />tllll~lIlld any Illed thcrea Hcr arising ou t f dle slime <br />occurrence. <br />B. Monetary Damages shall not include : <br />1. Penalties; and <br />2. Nominal Damages. <br />C. Except as enumerated in this subsection, this MLC <br />does not apply to claims, suits, demands or actions <br />~eekjng-reJiefor redress in any form other than monetary <br />damages. /;Jor do.es this MLC pay for any fees , costs or <br />expenses (Illcludmg defense costs) which a protected <br />party may become obligated to pay as the result of an <br />adverse judgment for declaratory or equitable relief. <br />However, subject to all of the other terms and <br />conditions of this MLC, the Pool shall pay defense <br />costs for suits requesting declaratory or equitable relief <br />in addition to a request for monetary damages. <br />D. If, under any circumstances, it is determined that <br />any employee of the member county is injured in the <br />course of his or her employment but is not entitled to <br />receive (or elects not to accept) the benefits provided <br />by the workers' compensation law, then this MLC shall <br />cover the legal liability of the member county for such <br />bodily injury, disease, or death and pay on behalf of <br />the member county all sums which the member <br />county shall become legally obligated to pay as damages <br />and expenses, except as otherwise provided by the <br />MLC. <br />E. An occurrence that takes place during more than <br />one MLC period will be deemed for all purposes to have <br />taken place during the most recent MLC period in which <br />any part of the occurrence took place, and shall be <br />treated as a single occurrence during such MLC period. <br />No occurrence will be deemed to have taken place after <br />!h~ protected party has knowledge of the alleged bodily <br />IDJury, property damage, personal injury, errors and <br />omissions, or advertising injury that gave rise to the <br />occurrence. <br />MEMORANDUM OF LIABILITY COVERAGE 1 DID 1 120 J 6-1 DID 1 120 17 <br />For the WASHINGTON COUNTIES RISK POOL JOINT SELF-INSURANCE LIABILITY PROGRAM - 2