The responsibility to respond to our members' coverage questions and provide coverage interpretation primary falls on OMAG’s Underwriting and Member Services Departments with support provided by OMAG’s Legal and Risk Management Departments. Providing a clear and consistent response to these inquiries is always our goal.
Our members occasionally ask: “Does the Municipal Property Protection plan provide coverage for our employees' personal property or property that the city stores belonging to someone other than the city?”
The Municipal Property Protection plan states as follows: PROPERTY COVERAGE FORM / B. Coverage / 1. Covered Property / b. Business Personal Property located in or on the buildings at the plan member’s premises or in the open (or in a vehicle) within 1,000 ft. of the plan member’s premises, consisting of the following unless otherwise specified in the Supplemental Coverage Declarations. (7) Personal Property of Others (including the plan member’s employees) used in the plan member’s business that is in the care, custody or control of the plan member or for which the plan member has agreed in writing to insure prior to any loss or damage.
We would advise that unless the city has agreed in writing to cover this personal property, prior to a loss, and that personal property has been scheduled on the plan member's Municipal Property Protection Plan (and a premium has been charged) the employee should look to their own personal homeowner’s coverage. Even if the city agreed to cover this personal property it would only be covered in or on a building or in a vehicle within 1000 ft. of the premises. The deductible for business personal property would apply and as the minimum deductible of $1,000.00 would not appear to help in most cases, we would not think our members would be interested in covering property such as personal phones, personal laptops, office decorations etc.
We would also advise that this coverage only applies when the property of others is used in the plan member’s business. Property which is in your care, custody or control which is not used in your business (e.g. a vehicle impounded by the police and stored at your facility) would not be property subject to coverage under the Property Plan. The plan member’s liability for damage to that property would fall under the tort claims act. OMAG’s Municipal Liability Protection Plan, however, excludes losses “arising out of damage to or loss of property, including money, in the care, custody or control of the plan member, or to which the plan member is for any purpose exercising physical control.” As such, there would be no coverage for a liability claim relating to personal property that was in the care, custody or control of the plan member and which was not being used in the plan member’s business.
