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 Municipal Liability Protection Plan under GENERAL PROVISIONS / Part VI EXCLUSIONS provides: “we have no obligation to pay nor do we have any obligation to defend any claim against a plan member on account of:
5. Loss arising out of:
a. the rendering of or failure to render medical, surgical, dental, x-ray or other treatment; any service or treatment conducive to health; or any cosmetic or tonsorial service or treatment”
HOWEVER, this exclusion does not apply to certified First Responders or licensed Emergency Medical Technician (EMT) services of or provided by a plan member. This exclusion does not apply to a plan member while the plan member is engaged as a student training to secure certification as a First Responder or an EMT license. The plan member who is engaged in such training must be under the direct supervision of others licensed or certified to undertake such activities in order to be covered under this agreement. Services of a certified First Responder or licensed EMT include the transportation and immediate medical care provided to the emergency patients prior to their arrival at a medical facility, as those terms are defined by 63 Oklahoma Statute $ 1-2503, as amended.
If your Fire Department personnel meet these criteria there would be coverage provided as long as they are performing these duties within city limits. Outside of city limits Oklahoma Statute Title 11 / Chapter 1 / Article XXIX – Fire Departments / Section 29-108 Addresses Fire Department Answering Calls Outside Corporate Limits Considered Agent of State – Liability for Damages “A municipal Fire Department answering any fire alarms or performing fire prevention services or rescue, resuscitation, first aid, inspection or any other official work outside the corporate limits of its municipality shall be considered an agent of the State of Oklahoma, and acting solely and alone in a governmental capacity. Said municipality shall not be liable in damages for any act of commission, omission, or negligence while answering or returning from any fire or reported fire or doing or performing any fire prevention work or rescue, resuscitation, first aid, inspection or any other official work”. As such, there is no liability for the City or Town to be covered when performing these duties outside the city limits.
