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2. PROTECTED PERSONS AND
<br />ORGANIZA nONS: This MLC shall provide liability
<br />coverage to:
<br />A. The county identified as a member county in the
<br />Declarations;
<br />B. All past and present employees, elected and
<br />appointed officials, and volunteers, whether or not
<br />compensated, while acting or in good faith purporting to
<br />act within the scope of their of'f1c ial duties for the
<br />~le~ber county or on its behalf, including, but not
<br />Ilmllcd to, all commissions, agencies, districts,
<br />·authorities, boards (including the ,govern ing board ) or
<br />similar entities which o perate uncler the member
<br />county's supervision or control. This includes, but is not
<br />limited to, the following:
<br />I. The "local health officer" as defined by RCW
<br />70.05.050, and the "administrative officer" as
<br />defined by RCW 70.05.040.
<br />2. With respect to any automobile owned or
<br />leased by the member county or loaned to or hired
<br />for use by it or on its behalf, any person while
<br />operating, maintaining or using such automobile
<br />with the permission ofthe member county and any
<br />person or organization legally responsible for such
<br />permissive operation, maintenance or use, but this
<br />coverage does not apply to:
<br />a. Any person or organization, or any agent
<br />or employee thereof, operating an automobile
<br />sales agency, repair shop, service station,
<br />storage garage or public parking place with
<br />respect to an occurrence arising out of the
<br />operation thereof; or
<br />b. The owner or any lessee, other than the
<br />member county, of any automobile hired by
<br />or loaned to the member county or to any
<br />agent or employee of such owner or lessee;
<br />provided, however, that such liability coverage as is
<br />provided by this MLC involving the operation,
<br />maintenance or use of an automobile shall be
<br />excess to any other collectible liability coverage or
<br />insurance available to the protected party.
<br />3. The Pool, all directors, officers, employees, and
<br />agents of the Pool, all persons serving at the
<br />request of the Pool, and all persons serving at the
<br />request of the Pool as members, directors, officers,
<br />employees, agents, or trustees of another pool,
<br />corporation, partnership, joint venture, trust,
<br />employee benefit plan, or other enterprise, but only
<br />while acting in an official capacity therefor.
<br />4. Spouses of protected parties but only for
<br />vicarious liability for an occurrence imposed by
<br />virtue of the community property laws of the state.
<br />3. LIMIT OF LIABILITY COVERAGE:
<br />A. The total limit of liability co y rage of the Pool
<br />under this MLC for monetary damages resulting from
<br />anyone occurrence shall not exceed Ten Million
<br />Dollars ($10,000,000). This shall be true regardless of:
<br />I. The number of persons or organizations who
<br />are protected parties under this MLC;
<br />2. The number of coverages provided under this
<br />MLC;
<br />3. The number of claims made and suits brought
<br />against any or all protected parties; and
<br />4. The number of persons or organizations
<br />making claims or bringing suits.
<br />B. In dt .tcrmil\l ng the limit of liability o rlhe Pool, all
<br />injuries, damages and losses arising out ofcontinuQus or
<br />repeated exposure to substantially the same general
<br />conditions will be considered as arising out of one
<br />occurrence.
<br />C. There is no limit to the number of occurrences
<br />during the MLC period for which claims may be made.
<br />4. DEDUCTIBLE: After the Pool pays monetary
<br />damages on behalf of the member county or other
<br />protected parties, the member county shall reimburse
<br />the Pool for the total expended by the Pool up to the
<br />amount of the member county's deductible specified in
<br />the Declarations.
<br />5. EXCLUSIONS: This liability coverage does not
<br />apply to:
<br />A. Air C:l'nft ACli hies . Liability arlsmg out of the
<br />ownership, maintenance, loading or unloading or
<br />operation of any aircraft, airfields and runways, or
<br />hangers or buildings in connection with aircraft
<br />ownership, maintenance, loading or unloading or
<br />operation of any aircraft.
<br />B. Emplo yment Relations.
<br />I. Any obligation of the protected party under a
<br />workers' compensation, disability benefits or
<br />unemployment compensation law or any similar
<br />law.
<br />2. Except as provided in section 1.0 and except
<br />for claims brought under the Jones Act, 46 USC §
<br />688, bodily injury to an employee of any member
<br />county arising out of and in the course of
<br />employment by the member county. This
<br />exclusion shall not apply to a third-party claim
<br />brought by an employee of one member county
<br />against a separate member county.
<br />3. Bodily injury suffered or caused by any person
<br />knowingly employed by the member county in
<br />violation of any law as to age, or under
<br />MEMORANDUM OF LIABILITY COVERAGE 1010112016-10101/2017
<br />For the WASHINGTON COUNTIES RISK POOL JOINT SELF-INSURANCE LIABILITY PROGRAM - 3
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