2.4. ERMUSR 05-10-2016 - Laserfiche WebLink

Home Browse Search

• Any claim for damages arising out of pesticide or herbicide application operations. • Any claim for damages which resulted from a sudden occurrence which took place on or after the city's retroactive date and prior to the expiration date of the city's coverage, and which was caused by an actual, alleged, or threatened discharge, dispersal,release, or escape of pollutants; or arises from the accidental rupture, backup, or overflow of the city's sanitary sewer, storm sewer, or water supply systems. • Any lead claim or asbestos claim,unless the actual, alleged, or threatened discharge, dispersal,release, escape,use, distribution, or handling of lead or asbestos took place at or from any landfill, dump, or other site or location presently or formerly used by or for the city or others for the handling, storage, disposal,processing or treatment of pollutants. • Any excavation and dredging claim. • Any mold claim. • Any organic pathogen claim. • Any claim for damages arising out of heat, smoke, or fumes from a hostile fire or controlled burn. A hostile fire is a fire which becomes uncontrollable or breaks out from where it was intended to be. The term sudden occurrence means an accident or a related series of accidents where the release of pollutants may have resulted and for which begin and end within 72 hours. In the case of a related series of accidents,the sudden occurrence is considered to have taken place when the first accident took place. The only exception is if the city's sanitary sewer backs up into a building. Each incident is considered to be a separate sudden occurrence. P. Public official's liability There is no general exclusion in the LMCIT liability coverage for acts or errors and omission of public officials. Q. Separate city boards and commissions Statutes and some charters allow cities to create independent administrative boards to manage certain city operations. Utility commissions and hospital boards are common examples. Other statutes allow cities to create separate public corporations for certain purposes, such as a port authority, HRA, and EDA. The statutes generally give these boards and authorities full power to manage the activities for which they are responsible, including the authority to purchase the appropriate liability,property, and other coverages needed for those activities. If the city has one or more of the following, it needs to ensure there is adequate coverage for the board's or commission's activities: 92