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2020-12-15 10:00 AM - Commissioners' Agenda
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Defense Services 2021
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Last modified
12/23/2020 11:46:06 AM
Creation date
12/23/2020 11:45:41 AM
Metadata
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Meeting
Date
12/15/2020
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Alpha Order
e
Item
Request to Approve an Agreement for Upper District Court Indigent Defense Services for 2021
Order
5
Placement
Consent Agenda
Row ID
70274
Type
Agreement
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7 <br />(1) to assist you regarding the production of documents and the preparation of your sworn testimony; <br />and, <br />(2) to attend and represent you at your deposition. <br />b. However, in order for coverage to apply under this provision, you: <br />(1) must not be a party to the action out of which the subpoena arises; <br />(2) must have not been retained to provide an opinion, advice or testimony in connection with such <br />action; <br />(3) must report the subpoena to us no later than three (3) business days from receipt of service, or if <br />not possible, as soon as practicable, and in no event later than the day prior to the subpoena response <br />due date; and, <br />(4) must provide us with any information and documents we reasonably request. <br />We will pay claim expenses incurred as the result of work performed by the attorney hired pursuant to <br />this section. <br />Supplementary Payments <br />The most we will pay for all Supplementary Payments payable under this Section is $150,000 per policy period, <br />regardless of the number of Supplementary Payments sought or number of claimants or insureds involved. <br />Payments made pursuant to this provision of the Policy are not part of and do not erode the Limits of Liability set <br />forth in the Declarations and are not subject to the Deductible. Supplementary Payments will be made only for <br />the following: <br />a. Loss of Earnings <br />If we request in writing that you attend a trial, hearing or arbitration proceeding in connection with the <br />defense of a claim, we will reimburse you up to $500 per day for your actual lost earnings and expenses <br />for such attendance for each day or part of a day you attend. The most we will pay under this subsection <br />is $10,000 per claim defended by us, and $50,000 in the aggregate for all claims defended by us during <br />the policy period. You must seek payment of any loss of earnings in writing and submit proof of your <br />lost earnings or expenses in a form acceptable to us within ninety (90) days of such attendance. <br />b. Defense of Disciplinary Proceedings <br />We will provide for the defense of any disciplinary proceeding brought against you during the policy <br />period and reported to us within thirty (30) days of the disciplinary proceeding being brought. Under <br />this provision, we will pay reasonable disciplinary proceeding expenses up to a maximum of $25,000 <br />per disciplinary proceeding and $100,000 in the aggregate per policy period regardless of the number <br />of Insureds involved in disciplinary proceedings/ or the number of disciplinary proceedings brought <br />against you during the policy period. You shall not incur any disciplinary proceeding expenses <br />without our prior written consent. We shall not be liable for any settlement or disciplinary proceeding <br />expenses or assumed obligations or admissions for which we have not given our prior written consent. <br />When we have paid the maximum amount of disciplinary proceeding expenses provided under this <br />provision, our obligation to pay any disciplinary proceeding expenses, or to undeftake or continue the <br />defense of any disciplinary proceeding, ends. Upon such payment, we have the right to withdraw from <br />the further defense of the disciplinary proceeding by tendering the defense of the disciplinary <br />proceeding to you. You agree to accept the tender of the defense when we withdraw. <br />c. Crisis Event Expenses <br />We will reimburse you up to $25,000 for all crisis event expenses you incur as a result of any and all <br />crisis events that first occur during the policy period, and which are reported to us during the policy <br />period or within sixty (60) days thereafter. Under this subsection, the most we will pay is $25,000 in the <br />aggregate for all crisis event expenses incurred as the result of a crisis event occurring during the <br />policy period, regardless of the number of crisis events, claimants or insureds involved. Under no <br />circumstance will we have a duty to defend any Insured under this provision. Our obligation to reimburse <br />you for crisis event expenses is expressly made contingent upon you submitting your request for <br />reimbursement along with proof of your loss in a form acceptable to us within sixty (60) days of when the <br />expense or payment was incurred. <br />ATY-0001-00-01 16 PageT of 16 @ 2016 Attorney Protective. All rights reserved
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