Coverage For Personal Property of Others

Coverage For Personal Property of Others

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.

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Take Care With Compressed Air

Take Care With Compressed Air

Compressed air tools are commonly used in many workplaces. Many workers take them for granted, ignoring the hazards involved in their use. Compressed air  is not “just air.” It is a focused stream of air driven at a high velocity, which can cause serious injury or death to its operator or persons in the immediate area. 

Fooling around with compressed air can be lethal. In one case, a blast of air playfully directed behind a worker startled him and caused him to fall against a moving piece of machinery. A misdirected blast of compressed air can “pop” an eyeball from its socket, rupture an eardrum, or cause a brain hemorrhage. Directed at the mouth, it can rupture the lungs and intestines. If used to blow dust and dirt off clothing or body parts, it can cause bubbles of air to enter blood stream, even through a layer of clothing. Compressed air can also rupture body organs.

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Understanding Your OMAG Municipal Property Protection Plan - How Are Municipal Properties Covered?

Understanding Your OMAG Municipal Property Protection Plan - How Are Municipal Properties Covered?

As personnel in municipal offices change, replacing the knowledge and experience of the person that served your municipality can be difficult.  Understanding insurance coverage when so many other things seem to demand our attention may not be a priority. Please let the following serve to provide a basic description of the coverage OMAG provides.  

Building Coverage – Insures the city’s structures such as: buildings, water storage towers and tanks, water/waste water plants (including lift stations), stationary generators, electric transformers & substations, emergency sirens, park structures (playground equipment, pavilions, fencing, lighting, skate/splash parks, concessions, score boards) etc.

Contents Coverage – Insures the city’s property inside or on those structures such as: furniture or fixtures, electronic data processing equipment (such as computers, printers, copiers, word processors, facsimile machines, multi-functional telephone equipment), machinery or equipment (such as equipment used for food preparation or storage); or other business personal property used in the city’s business. This property must be located in or on the buildings owned by the city or within 1,000 feet of the building's premises. 

Mobile or Contractors Equipment Coverage – Insures mobile machinery and equipment such as: backhoes, tractors, mowers, portable generators, etc.

Miscellaneous Equipment Coverage – Insures equipment installed in your emergency vehicles such as: sirens, light bars, radar, etc., or equipment used in the city’s business transported outside 1000 feet of a covered building's premises such as: hand-held radios, utility reading equipment, tools, laptop computers, cameras etc.  

Fine Arts Coverage – Insures property of rarity, historic value or artistic merit such as: paintings, statuary, rare books, antique furniture etc.   

To assure adequate protection in case of a loss, your property needs to be reviewed annually to insure it is listed on your schedules at replacement cost value. These schedules of your covered properties are sent to you each year when we send your Municipal Property Protection Plan renewal flash drive.   

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Flagger Safety

Flagger Safety

Work Zone Safety - Maintenance Operations and Temporary Traffic Control

Roadway maintenance activities and sometimes water/sewer line repair occur in close proximity to traffic, creating a potentially dangerous environment for workers, drivers, and incident responders. In many cases a Temporary Traffic Control (TTC) Zone will be needed to both protect workers and incident responders as well as allow for the safe and efficient movement of drivers and pedestrians through and around the Work Zone. There are several Work Zone safety issues to plan and prepare for when setting up Temporary Traffic Controls.  One issue to consider is Flagger Safety.  Print the brochure below to share with your employees who must work near equipment and traffic.

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Sewer Maintenance - Clean-Outs and Back-Water Valves

Sewer Maintenance - Clean-Outs and Back-Water Valves

Clean-outs and back-water valves are the resident’s key to keeping the private sewer service in good working condition and protecting the home from sewer back-up problems.

A clean-out is a vertical pipe that provides access to a property’s sewer service, allowing homeowners or plumbers to clear blockages that disrupt service. A clean-out cap is typically white PVC or metal, about 4 inches in diameter, and located near buildings.

Both homeowners and tenants should locate and inspect their clean-out cap before a plumbing emergency occurs. Keeping the caps screwed onto the clean-out helps prevent possible sewer backups caused by yard debris, dirt, and other items entering the sewer system. Capping also stops excessive inflow and infiltration, which can overload the system and cause overflows. 

A back-water valve is the resident’s protection against sewer back-up into the structure. If water tries to back up from the sewer mainline, the valve prevents sewage from backing up into the building. Back-water valves are typically located either outside near the building or in a floor drain in a basement. Those outside have a cap similar to a clean-out cap and a vertical pipe down to the valve. Size and maintenance needed depend upon the manufacturer of the back-water valve. 

You can protect yourself from sewer problems by making sure you have an accessible clean-out, keeping your sewer line in good condition, and by making sure you have a functional back-water valve.       

The photo below shows a back-water valve with 2 clean-outs. The caps have been removed to show how the back-water valve allows fluid to flow in only one direction. 

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Understanding Your Vehicle Auto Liability and Physical Damage Coverage

Understanding Your Vehicle Auto Liability and Physical Damage Coverage

As personnel in municipal offices change, replacing the knowledge and experience of the person that served your municipality can be difficult.  Understanding insurance coverage when so many other things seem to demand our attention may not be a priority. Please let the following serve to provide a basic description of the coverage OMAG provides.   

Auto Liability provides bodily injury and/or property damage coverage to a third party for an accident caused by a municipal employee involving a municipal vehicle.

Physical Damage Coverage is for damage to the municipality’s vehicles. There are three types of vehicle physical damage coverage available through OMAG: Collision, Comprehensive and Specified Perils.

Collision Coverage provides coverage for your vehicle if it collides or crashes into another vehicle or stationary object, such as a pole or fence.

Comprehensive Coverage and Specified Perils Coverage provide coverage for your vehicle for a “loss from any cause except collision,” but Comprehensive is a broader coverage than Specified Perils. OMAG suggests that you consider either Comprehensive Coverage or Specified Perils Coverage on each of your vehicles; you do not need both.

Comprehensive Coverage provides coverage for your vehicle for all risks covered by Specified Perils as well as glass breakage, damage done by an animal, and loss resulting from rain, snow, or sleet (whether or not wind driven), which Specified Perils does not cover.

Specified Perils Coverage provides coverage only for light and heavy trucks, ambulances, vans and SUV’s and is not available for private passenger vehicles, such as police units or private automobiles used by municipal officials. OMAG’s Specified Perils Coverage has no deductible: however, it only covers the following specific risks that may cause damage to your vehicles:  Fire or explosion, theft, windstorm, hail, earthquake, flood, mischief or vandalism, and the sinking, burning, collision or derailment of any conveyance transporting the covered vehicle.

To assure adequate protection in case of a loss, your autos need to be reviewed annually to insure they are listed on your schedules. These auto schedules are sent to you each year when we send your Municipal Liability Protection renewal flash drive.  

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Operator Safety

Operator Safety

Work Zone Safety -Maintenance Operations and Temporary Traffic Control
Roadway maintenance activities and sometimes water/sewer line repair occur in close proximity to traffic, creating a potentially dangerous environment for workers, drivers, and incident responders. In many cases a Temporary Traffic Control (TTC) Zone will be needed to both protect workers and incident responders as well as allow for the safe and efficient movement of drivers and pedestrians through and around the Work Zone. There are several Work Zone safety issues to plan and prepare for when setting up Temporary Traffic Controls.  One issue to consider is Operator Safety.  Print the brochure below to share with your employees who must work near equipment and traffic.

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Municipal EMT or First Responders

Municipal EMT or First Responders

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. 

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How Water Parks Can Avoid Customer Injuries and Liability

How Water Parks Can Avoid Customer Injuries and Liability

Every year, an estimated 80 million people attend the more than 1,000 water parks in the United States. In 2014 alone, more than 15.2 million visited the top 20 most popular of these parks. Water parks offer visitors the exciting, action-packed experiences of riding gravity-defying slides, surfing or swimming in wave pools, jumping or swinging from great heights into the water, and riding on inflatables. Unfortunately, it’s not all fun and games—sometimes visitors get hurt.

In 2013, Consumers Digest reported that even though attendance at water parks had grown by only 3.8% since 2009, the number of injuries from accidents at these facilities grew by 38% over the same period. Approximately 86% of reported water park injuries involve water slides, according to the nonprofit Saferparks.

Of course, those who participate in any form of recreation that involves physical activity risk being injured. When people are injured at water parks, they often sue the facility on the grounds that the activity or premises was not reasonably safe.

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Injury and Illness Prevention Program

Injury and Illness Prevention Program

In Oklahoma every employer is required to provide a safe and healthful workplace to his/her employees. In accordance with the Oklahoma Code of Regulations, employers of 25 or more full-time and/or part-time employees must have a designated Safety Coordinator and an effective written Injury and Illness Prevention Program (IIPP) or as it is better known a written Safety and Health Policies and Procedures manual. What should you expect to see in an IIPP or Safety and Health P&P manual? It is a written plan that has the following elements: 

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