ORDINANCE NO. 1506 ORDINANCE APPROVING THE ILLINOIS MUNICIPAL LEAGUE RISK MANAGEMENT ASSOCIATION INSURANCE AGREEMENT FOR THE PERIOD OF J ANUARY 1, 2022 TO JANUARY 1, 2023 WHEREAS, the City of Le banon, St. Clair County, Illino is {hereinafter "City"}, is a non-home rule municipality duly establi shed, existing and operating in accordance with the provisions of the Illinois Municipal Code (Section 5/ 1-1-1 et se q. of Chapter 65 of th e Illinois Compiled Statutes); and WHEREAS , City is a memb er in good standing of the Illinois Municipal Le ague Ri sk Management Association (hereinafter "IMLRMA") and a party to the IMLRM A Inte rgove rnme ntal Coo perat ion Contract; and WHEREAS, City Council has been ful ly apprised of the IMLR MA Agreement fo r the period from January 1.2022 to J an uary 1, 2023 an d WHEREAS, City Council find s it to be in th e best interest of City to approve th e IMLRMA Agreement attached he reto as Exhibit A; and WHEREAS, City Council finds th at the Mayor an d/or Trea surer shou ld be authorize d an d directed to execute any docum en t s necessary to enter the IMLRM A Agreement (Exhibit A). NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Lebanon as follows : Section 1. Th e foregoing recitals are incorporated herein as findings of the C ity Cou nci l of the City of Lebanon, Illi noi s. Section 2. The IMLRM A Agree ment is approved. See Exhibit A. Section 3. the Mayor and/ or Treasurer is authorized and directed to execute any docum ents necessa ry to enter the IMLRMA Agreeme nt . See Exhibits A. Section 4. acco rd ance with law. Thi s ordinance shall t ake effect imm ed iately upon its passage and approval in Passe d by the City Council of the City of Leb anon, Illinoi s, approved by the Mayor, an d deposited and fil e d in the Office of th e City Cler k, on th e 13th day of December, 2021, the vote being taken by ayes and noes, an d entere d upon the legislative records, as follows: ATIEST: Lu ann e Ha lper, Cit City of L eba non St. Clair County, Illinois
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
ORDINANCE NO. 1506
ORDINANCE APPROVING THE ILLINOIS MUNICIPAL LEAGUE RISK MANAGEMENT ASSOCIATION INSURANCE AGREEMENT FOR THE PERIOD OF
J ANUARY 1, 2022 TO JANUARY 1, 2023
WHEREAS, the City of Le banon, St. Clair County, Illino is {hereinafter "City"}, is a non-home rule municipality duly establi shed, existing and operating in accordance with the provisions of the Illinois Municipal Code (Section 5/ 1-1-1 et se q. of Chapter 65 of th e Illinois Compiled Statutes); and
WHEREAS , City is a memb er in good standing of the Illinoi s Municipal Le ague Ri sk Management Association (hereinafter "IMLRMA") and a party to the IMLRM A Inte rgove rnme ntal Coo perat ion Contract; and
WHEREAS, City Council has been ful ly apprised of the IMLR MA Agreement fo r the period from January 1.2022 to Jan uary 1, 2023 an d
WHEREAS, City Council find s it to be in th e best interest of City to approve th e IMLRMA Agreement attached he reto as Exhibit A; and
WHEREAS, City Council finds th at the Mayor an d/or Trea surer shou ld be authorize d an d directed to execute any docum en t s necessary to enter the IMLRM A Agreement (Exhibit A).
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Lebanon as follows :
Section 1. Th e foregoing recitals are incorporated herein as findings of the City Cou nci l of the City of Lebanon, Illi noi s.
Section 2. The IMLRM A Agree ment is approved. See Exhibit A.
Section 3. the Mayor and/ or Treasurer is authorized and directed to execute any docum ents necessa ry to enter the IMLRMA Agreeme nt . See Exhibits A.
Section 4. acco rd ance with law.
Thi s ordinance shall t ake effect imm ed iately upon its passage and approval in
Passe d by the City Council of the City of Leb anon, Illinoi s, approved by the Mayor, an d deposited and fil e d in the Office of th e City Cler k, on th e 13th day of December, 2021, the vote being taken by ayes and noes, an d entere d upon the legislative records, as follows:
ATIEST:
Lu ann e Ha lper, Cit City of Leba non St. Clair County, Illinois
Exhibit A
Illinois Municipal League Risk 1\1anagement Association
Agreement
and
Proposal for coverage and Risk Management Services
111111ols Murilcipal League
RMA Risk Management Association .
soo East capitol Avenue I PO Box 5180 J Sprlngfteld; !L 62705·5180 Phone#: 217·52S·t220 I Fax#: 217~525·7438 I www.Jmlrma.org
Michelle Davis, RMC Oty of Lebanon 312 W Sathtlouls st Lebanon IL 62254·1561
IML Risk Management Association Payment amount __ -"'$2"'1"',6"'6.:.c7 '"'28=i
Please contact us If you have any questions. Phone: (217) 525·1220
Email .address: lndulrv@tmtrma,org
Illinois Munidpal League
RMA November 29, 202 l
Ms. MfohelleDavis City ofLeha11on
Risk Management Association
312 W8ai11t Louis St Lebanon, IL 62254· 1561
Dear Ms. !:la vis:
The City of Lebanon has requested· and been approved for an installment payment plan for fue 2022 Hlinois Municipal. Leab>ue Risk Mmwgemetlt Association (RMA) annual oonttibutim1, totaling $86,669. 11.
The payment due dates and scheduled amounts for your selected plan are as follows:
12/17/2021 3/lS/2022 6/17/2022 9/16/2022
$21,667.28 $21,667.28 $21,667.28 $21,667.27
Y mt will also receive invoices according to the selected payment plan.
Please sign a copy oftltis letter and send it back to me acknowledging your agreernent to the payments associated wtth your municipality's selected payment plan. Please feel welcome to contact me with a11y questions. Thanks.
fkfiiliji_ City of Leban:: .
Managing Director
500 Ens! Copllol Avenue I r:o. Box 51 ao I Springfield, IL 62705-5180 l Phone: 217.525.1220 ! Fnx: 217 .525.7438 I www.im!rmo.wg
PRIOR ACTS COVERAGE FOR
EMPLOYMENT PRACTICES LIABILITY and EMPLOYEE
BENEFITS LIABILITY
.if\~_:_,_,
*'.;;·''~ The Clty of Lebanon ls. ·requesting Prior Acts protection in the amol;\Jl;~ •. pf $5'0~ OOOl1~ach occurrence/$1,000,000 all occurrences for possible claims that are uo't\ye'~t,:k,P,o.~&\ifor. the continuous time period innnediately prior to the effective date ot11,s?vei~,'rw!;\vltiif!r;1MLRMA during which coverage was provided on a "claims-made basis." "'''''·· '\'.h
;~~~~:~>~· Name of Curreut Carrier: ICRMT
Current Limits: $ 1.000.000 -.:.
·]:.~~' '"4;:.:~ ,/,,:i.;o·
·;\;:!.\ .. ·:.;:;o
The undersigned states there are no KN,,Ci,f,WN'?itiqi'ct~trr~ .. dfili~g this period of prior "Claims Mad.e" coverage that could result in a t)~jm and tha,t I1iive not already been timely filed with the previous Insurance Carrier. ''".(!, f.
·:·. ,:;·. ··:;''
PRlOR ACTS COVERAGE FOR
PUBLIC OFFICIALS LlABlLITY
The City of Lebanon is requesting Prior Acts protection i!J the amount of $1,000,000 each wrongful act!$ tQOQ,000 aggregate for a)! wrongful acts for possible en-ors or o~issions that are not yet known. for the continuous time period immediately prior to the effective:'i:l'4,t~ ofcoverage with IMLRMAduring which coverage was provided on a "claims-made b~J~, 1 '.' ·:,c\i:,, /.('
Note: The undersigned states there are no ~~~n<ih~lden~··~tring this period ofplior "Claims Made" coverage that could result in a c!~nf'dnc\,th~\,j1ay,,1f1ot already been timely filed with the previous insurance canier. <~,\ · :(;, ··
~f··i'.~-(-. '. ~~ ·-'.,
111.• • ·""'' • • . I L , , ino1s 1v:i.un1c1pa . . eag ue
,,
Mill
R,. ·.k JS,.
Manag.eme,nt Assoclation
Proposal for Coverage
and Risk Management Services*
City of Lebanon
* This proposal of coverage is intended to facilitate an understanding of the coverage provided by RMA. It is not intended to replace or supersede the actual coverage grants. A sample copy of the RMA coverage grants are available upon request.
TABLE OF CONTENTS
Executive Letter ............. : ................................................................................ ; ............. 2
About RMA ..................................................... .' ............................................................. 3
Members ....................................................................................................................... 5
• RMA offers comprehensive crime coverage including computer frau_d and funds tra.nsfer fraud:
Computer fraud is the unlawful taking of money, securities or other property through unauthorized
entry into 6r deletion of data from a computer system committed byathir<l-party.
Funds transfer fraud is a fraudulent written or electronic instruction issued to a financial institution
by a third-party <lirecting the financial institution totransfer, pay or deliver money from an account
maintained by a member, without the member's knowledge or consent.
SUM.MA 1 RY OF.COVERAGE: GENERAL LIABILITY
COVERAGE ··,; ''. RM~· g~ ri ~.·t~I) i.a.P.i! ity::a:r.!f:~.o_~-Rr~_tl~ n.~ iV~;_g~ ~7r·a_1~.U~_,~f ]i~\·~.6f i:f-~'~~]~ c:i·8-ae;~~b_q:cHl~Y-' i_ b }~.r.Y~?JJp ~-~rty_:d a~-a ge.1 p ~rs Cina I rnJ u ry a n d a dve rti sing i n jury
- ihci\Jdes p0110tf6'~~-caused_by.~~hicle~ or porta.ble equipm~nt, r·aad-_tre~t_me-nt;··~w'rmmrrig_ pa Or t_reat~e~t,: herb.i_cicte and peistid~e app"lica'tiori:and ·water_arfd ·sew_er D""):ieratlonS·
$0 for general liability claims other than liquor liability; $5,000 each loss for all liquor liability claims
FEATURES • RMA offers only occurrence based coverage to our members. Occurrence policies protect members from any covered lncident that
11 occurs" during the coverage period, regardless of when a claim is filed. An occurrence policy will respond to claims that come in - even
after the policy has been canceled - so long as the incident occurred during the period in which coverage was Jn force. In effect, an occurrence po!lcy offers permanent coverage for incidents that occur during the policy period.
• Most other commercial carriers only offer claims-made coverage which pr.ovides for clafms only when both the alleged Incident and the
resulting claim happen di.iring the petiod the coverage is in force. Clalms made to the commercial carrier after the coverage i:erlod ends
will not be covered 1 even If the alleged Incident occurred whl!e the policy was In force. A claims~made policy will cover claims after the
coverage period only if the member purchases extended reporting period or 11 tail 11 coverage.
• Optional endorsements a member may request; (separate limits may apply)
Urban Bus or Van Coverage
Electric Utility Liability
Fireworks General Liability Coverage Liquor Liabi.lity-regular selling of alcohol
[ 10
RMA public officials liability coverage protects the elected, appointed, paid and unpaid employees (other than
professional employees) for their:wrongfulacts, errors and omissions while ·acting on be.half of the member
municipality.
UM ff
Public Officials Liability. $8 million each occurrence, $16 million annual aggregate
Non-Monetary Legal Defense Only $25,000 ann~al aggregate
COVID-.19•0rganic Pathogen·oefenseOnly $50,000 each occUrrence/$50,000 a nnua'laggregate
DEDUCTH3U:;
$0 for public official claims
FE.trn.11u: • Just like our general liability coverage, RMA offers only occurrence based coverage for public officials liability.
COVERAGE
RMA offers coverage for liability associated with cyber losses. The coverage will respond to incidents that involve
breaches of a municipal computer system from either inside or outside the system. RMA will also cover Payment Card
lndu~tl"Y Data SecuriWStand_ard .(PCI or PCI D_SSJpenaltieso[_finesassociated withviolatioos_ofthe_ruJ,es for credit card __ _
compliance.
Ll!VllTS
Cyber Liability Coverage
Included coverages:
$250,000 each occurrence, each member, all applicable coverages
$5 million annual aggregate all members
Privacy and Security Liability and Regulatory (claims-made)
Security Breach Response Coverage (claims-made}
PCI DSS Assessments Coverage (claims-made)
Cyber Extortion Threats (claims-made)
Business Income Loss and Digital Access Restoration (claims-made}-Waiting Period 8 hours
*Claim preparation costs applicable to Business Income Loss - $10,000 each loss
Multimedia Liability (claims-made}
DEDUCTIBLE $5,000 each loss for cyber liability claims
FEATURES
• We understand. that' our members' computer systems may be open to·a wide range of exposures. RMA coverage offers
basic protections that our members need for today's world.
• Highe·r limits (up to $1 million) available upon request.
1 .. A~tbrilqp)leiliability, ~·covers, al l)iapi)i~;i;frorti owned and non-own.edye ~i.cl~s as w~Jl ~s;hired. a tltbni:qolles 011.fil e .with RM/( cb\ler~g~ is for bodilyinjur;y, prBber'\y cta:in~ge,[iiedical.paymentS ~rldJJnirisured/(Jnderihsuied accidents .• ' .
· · auto mdqjles (nust.be;on a sched u le;.witli RMA:!Alla yt'ornol:Jil."-s:~·r~ v~lu~g,afact4~lc.as.foval~ e (ACV), fir.efightjhg · · ... , . automoblles nfay be valued at replacementcost (RC) or.functional repl~cement(FR). · . . . . .
U~VUllTS - -----
Automobile Liability
Automobile Medical Payments
Uninsured/Und.erinsuted Motorist
:::.::-- -
$8. million each occurrence
$10,000 each person, $1 million each occurrence . . .
$10b;ooo each person, $300~000 each accident
Auto Physical Damage-Property-Portable Equipment (combined) $3Dinillioli any location, each occurrence;
$250 million each occurrence all'membe·rs
$0 for automobile liability claims
$500 each occurrence for automobile physical damage claims
• Members should report the acquisition of new vehicles within 90 days of receipt: There is no additional charge for adding vehicles to coverage lists.
• RMA offers three types of valuations for firefighting vehicles: Replacement Cost (RC)- cost to repair or replace with like kind and quality.
Please be aware that each member will be required to provide a replacement cost value for their
firefighting vehicles which will be limited to 130% of the value scheduled with RMA.
Actual Cash Value (ACV) - replacement cost less depreciation.
Functional Replacement (FR)- a value between RC and ACV:;For example: lfa member has a 1996 fire truck that is
lost in an accident, the member may wish.to replac.e.it with a 2009 fire truck ..
• RMA offers rental reimbursement for affcovered vehitles, The numbernf days allowed for the rental wrn be the lesser
of the number of days to reasonably repair, replace or in case of theft return the vehicle or up to a.maximum of 30 days. RMA will reimburse the lesser of any necessary and actual expenses incurred up to a maximum of $75 per day.
' '
SUMMARY OF COVERAGE: WORKERS' COMPENSATION
COVERAGE····.· · W6.~k_e.rs' comp~h iation·coiterage: wit.h• RMA. includes p rotectio h'Jor·a I I Wo rk-related•i nj tir,iesor diseases, al I
from· fi°ffr1oiS-·Cb!lege· ih Jackso.nvHie;,_H~ also has His Illinois .Pr<Yp_e:i±y_ 8i c·asua·1fy-pr~d~c~ris_;llcense as well as Life & Health andVariable·Contra·cts. He· became a·Certinecf Playground Safety Inspector
(CPSI) in•2010,
Prior tO RMA;- Eric·worked for several carriers in the. Insurance ·industry.
Er.ic's governmental experience Includes servlng·as an elected Dffici_al during ·a slX year term·as a
county commissioner in Scott County, Illinois .. He also served on v.3r'ious other loca1 economic
development .and. advisory boards.
·Eric was··born an'd-ra·ised in Winchester, Illinois, where he still liV.~s today with h.is'wlfe, Abbe and
=-=ttleir-=;twcraa ugtlterS; lfftliS· spa re time 1 .-Er1c-=e-rijoys:-oa sRetDal!?Diking.,fisl'li'rl!f"1HYd=s·penarng0 ti me with
·· Aftergraduatingfroin.UlinoisState·Un iversity in 199•hvith a:Bacli~lbf'sdeg~ee in occupa'tibnal safety and he.alth, Hlainewo'rked with• conimercia 1 ·and 'r~sidential ccinstrudion and focused on ergonomics.
Blaine's d~ties i ndu de providing·safety ·inspections .and assess'i ng. haz~'rds for
members, providing o 0 -site·safety training, reviewing or assisting'ih'cr~atingwritten safety policies and procedures, conducting park and:playground.in\fp~qtibns;
Jim has been providing-loss control services to RMA niembers since 2002.
Jim assists members with hazard identification, employee'training$, safety com
mittee development, public liability inspection of parks and sidewalks and devel
opment of workers' compensation cost-savings programs (early return to work).
Jim teaches the Illinois Department of Transportation(IDOT) flag.ger class, assists members with Illinois Department of Labor (IDOL) comPl.iance regarding required trainings. In 2015, Jim implemented a•pollc~ focus· group made lip·Ofsouthern
RMA members, which meets to assist with law enforce:ment rislflna'tfag~ment issues. Jim is also a former risk management coordiMfdr'withtne•Cit,y:of
Mattoon.
Jim .is a graduate of Eastern llli.nois University, is married wlth·fo~r·2~ilaren and lives.in Mattoon. In his spare tiCTle, Jim enjoys officiaifrjghighschooi¥t!ptball
SAMPlE ~l\ll~tOYEE HAND~OOI< This samplehandbqokcanserVe·asa r~source.toassist in creati~g:~rup'd<itingyour current;~mpi(Jymeritrelatedi$6Jiciesand:pr6ceou r~s. AdoPfiogan employee h andboCJlca~d re[at'ed policies hel~~::r;fr'btecvb()th the muniCipalityarid' its employees,
CONTRACf REVIEW Our staff will review contracts before you sign them to point out problematic Jia'bility language that could
put your municipality at risk.
SPECIAL EVENT REV!EV\! Special event reviews will help you recognize and prevent hazards to participants and spectators. Contact our
stafffor.he,Jpful che.cklists and advice.before your next event
;)
',' 19 I
RISK MANAGEMENT & LOSS CONTROL SERVICES
BUl.LDING EVALUATIONS Building evaluation services ensure your municipal properties are adequately covered. RMA has the ability to
evaluate some of your buildings and provide you with proper values.
VOLUNTEER COVERAGE
RMA has partnered with EPIC Insurance Midwest and AIG to provide members with a program to help
provide accident coverage for volunteers if they are injured while performing municipal volunteer work.
atcidenfaJdeath and dismembernierit behefits,.we·ekiy accident indemnity benefits and a catastrophic cash . . ··~- ' - . . benefit for paralysis or coma. Coverage is subject to a $500 minimum premium.
PROGRAM DEVELOPtv'lENT ASS.!STAMCIE
RMA loss control specialists are able to help develop inspection programs for facilities, sidewalks, sign age,
water meter lids and .other liability exposures.
TULIP
Access to the Tenant User Liability Insurance Program (TULIP) allows resident users of your municipal
facilities to purchase affordable liability coverage that protects your municipality from their negligent acts.
SERVICE ACTIVITIES
RMA has been covering Illinois municipalities since 1981.
Below are some of the vvays we actively serve our members.
You will not find any other carrier that can match RMA's
service.
19 Conducted on-site member service and loss control visits
• Conducted loss control-specific trainings for thousands of
municipal employees and supervisors on important topics
ranging from accident investigations to IDOL/OSHA
required topics like bloodborne pathogens and PPE, to
defensive driving and public liability issues.
• Covered 2,500+ firefighters, 3,000+ law enforcement and
13,200+ other municipal employees
• Reviewed contracts for risk management and public
liability issues
e Provided access to online loss control training
• Conducted on-site building evaluations
e Conducted several special event reviews
•
•
•
Inspected recreational facilities including parks and
#2) Optional Prior Acts Coverage for Public Officials Liability,
Employment Practices Liability, and Employee Benefits
Liability
#3) 1% Early Pay Renewal Discount
.;/.:.
By paying your renewal contribution approximately 30 days
prior to the annual due date, you receive an additional .savings
of 1% off your annual contribution. (Contribution must be
paid in full to receive the discount.)
9/17/2021
$7,174
. -$1,394.85
l.lllnois Municipi>f L~a.gue
RMA Risk Management Asso¢iiltkm
5 Prooertv losses of $5,000 each
5 General Liabil~v losses of $10,000 each
2 Public Officials' Liability losses of $25,000 each
2 Workers' Comoensation losses of $200,000 each
Total additional amount you will incur above your initial contributlonfpremium for the coverage period
I
FAQs , DEDUCTIBLES AND C~INSURANCE
$2,500 $5 000 $5,000
$2,500 $5,000 $25,000
$0 $5,000 $25,000
$0 $2,000 $10,000
$0 $2,000 $10,000
$5,000 $19,000 $75,000
'i !i
$5,obo i
$25,000 I I
$50,000
$20,000 ;i
$20,000 I
$120,opo
$5,000 $5,000
$25,000 $25,000
$50,000 $50,000
$50,000 $50,000
$50,000 I $100.000 I
$180,000 I $230,000 I
Amount: The higher the deductible, the less you may pay up-front, but the more you will incur for the losses. you have.
$5,000
$25,000
$50,000
$50,000
$200,000
$330,000
Lines of coverage: RMA's deductibles apply to property, inland marine, and auto physical damage coverage~. Some carrier$ include or require deductibles for other lines of coverage, such ai; g1meral liability, employment practices liability, law enforcement liability, auto liability, and Workers' Compensation, umbrella and excess. For purposes of this comparison. we are using RMA deductibles and a~suming that the comparing carrier has deductibles for all lines and has deductibles availaple for all amounts shown.
Expected number of losses: It's tempting to acc;:ept high deduc;:tibles when you se<;> what your up-front savings can be. However, you should estimat<;> the number of fosses you're likely to have and bUdQet for the deductible amounts you will incur and add tho~+ amounts to the UP.-front Costs to get a true picture of what you could ultimately pay throughout the year. Keep in mind that you can't predict the null]ber of claims you have. If you actually have fewer claims than you thought, thafs great But if you under.estimate the number of claims, you will incur additional deductible costs later.
Your loss control efforts: If you choose higher deductibles, you should mak.e sure that the carrier offers you quality loss eontrol services to help you reduce the number of claims you'll have and minimize their severity. Check to see if the costs for the loss co~trol services are included in the quote and budget accordingly. Also ask about the quality of the loss control services.
RMA's $500 deductibles are !!Oother way that we help you achieve budg~t stability.
Form ri;vised 1012018 FAQs-Deductibles and Coinsurance f Page 1 of 2
Ullrto1$ Mu!\l~ipal L~t'!~ue FAQs RMA Risk
Ml!nag~m~nt As$Ottiatfurr DEDUCTIBLES AND C(i)INSURANCE
Co-insuran~e provisiol'}~ are tric;-ky to understand.
The fact tnat RMA does not have a coinsurance provision is a tremendous benefit to you, and the differ~nce can determine whether you incµr a penalty if you have a covered property loss. ·
Coinsurance provisions require that you carry enough coverage on your property. If you undervalu<;i your prbperty and don't carry enough coverage, the co-insurance percentage (anywhere from 80% to 100%) will be used to r11duce the amount your carrier Will pay you in the event of a covered loss. In effec~ you will b<;i 'co-insuring' or partially self-funding the loss. If you didn't budget for this kind of contlnijency when you were setting your municipal budget, you could be in for a bap surprise. ·
As you will see from thE! example below, when your coverage includes a co-insurance provision, tt is important to value your property correctly, and to keep property valu~ updated. If you don't, then depending on how much you undervalue your property an di how large the claim is, you coulq be penalized severely.
For example:
~ You estimate your city hall's replacement value to l)e $500,000. ~ After you have a loss, your carrier tells you that the building's replacement cost is actually $1,000,000.i
i
Depending on the co-in$Urance percentage required and the amount of your loss, you would be penalized aind not receive the full amount of your loss as shown below '
Not only ooes RMA not have a co-insurance provision, but ~e also va.lue you~]tmildings for you. ' i
So if we m<1~e a mist11ke in valuing your buildings, we won't pen;dize you when it comes tin\~ to pay you for a covered loss. ,, This is just one more way RMA helps you achieve budget stabliity
. I
I
--------------··-----Form revised 1012018 FAQs~ Deductibles and Coinsural1ce I Page 2 of 2
Claims-made vs. Occurrence-based Liability Coverages
As public officials, it is important to understand both claims-made coverage and occurrence-based coverage when considering quotes from other insurance providers. Don't assume that coverage under claims-made coverage is the same as coverage under an occurrence-based coverage, even if the limits are identical. The decision to accept claims-made coverage is a gamble your municipality may not want to take.
OCCURRENCE-BASED COVERAGE
The Illinois Municipal League Risk Management Association (RMA) provid·es occurrence-based liability
coverage for public officials. Some features of occurrence-based coverage include:
a. Coverage continues even after the policy has ended. In other words, an occurrence-based policy pays
for claims that happen during the policy period- regardless of when the claim/suit is filed. For
example, if a covered incident occurred during your RMA 2020 coverage year, but the claim/suit
wasn't filed until several years later, the occurrence-based coverage would allow for coverage of that
claim/suit.
b. There are no hidden costs. Occurrence-based coverage is a fixed cost. For example, when you pay the
2020 contribution for RMA's occurrence-based coverages, you won't have to pay more if a claim is
discovered later.
c. You can file a claim on coverages years after they expire for an incident that occurred when they were
active-.
ClAIMS·MADE COVERAGE
Other insurance providers write liability coverages on a claims-made basis. Some features of claims-made
coverage include:·
a. Coverage is available only during the policy period. There is only coverage for claims filed and
reported during the policy period. If you have an incident in 2020 but the claim/lawsuit Isn't filed until
2022, there is no coverage for the claim/suit under the 2020 policy.
b. There is no guaranteed continued insurability. With claims-made coverage, once the policy ends
and you stop paying prem.iums, your coverage ends. You nm the risk of not being covered for a
potential claim because it was not discovered until after the policy expired.
Fonn revised 1112019 Claims-made vs Occurrence-based Liability Coverage I Page 1 of 2
, \ , .. .f• '
c. Coverage gaps may occur. It's difficult to cancel a claims-made policy without having possible
coverage gaps unless you have an unlimite<f or full extended reporting period .. Unfortunately; a 90-
day, 1-yea·r or even 5-year extended reporting period is simply not enough on public officials' liability
incidents. In addition, you must make sure that the language of the extended reporting period
doesn't limit you to claims that were reported during the policy period or within 60- or 90-days of its
expiration.
d. Quotes that include claims-made coverages generally cost less up front because claims-made
coverages provide less protection and are therefore less expensive. The cost increases over a period
of several· years because the chance for reporting a claim increases.
e. There are hidden costs that aren't explained in the initial quote. If your municipality changes providers,
if the provider doesn't renew your coverage or if the provider stops writing municipal policies, you -,;.;-u1a n;;e'dt~buv an e](tend~d reporting p~riod endors~~~~t. u~t;,t;,;~ate!Y:-extended r;porti~~ periods are often limited, and the cost to purchase unlimited or full extended reporting period
coverage can be 200% to 300% of your annual premium. Another option is to purchase "prior acts
coverage" from a new provider with a retroactive date to the day you first started the claims-made
coverage policy; RMA offers "prior acts coverage" as an option to new members.
COMPARING TllE COSTS OF Cl.AIMS-MADE VS. OCCURRENCE-BASED COVERAGE
It's very difficult to adequately compare the value of two quotes when one insurance provider offers claims
made coverage and the other offers occurrence-based coverage.
In order to be as protected as possible, you should require all quotes to be submitted using occurrence-based
coverage only.
However, if a provider can't or won't quote occurrence-based coverage, ask for the cosf of an unlimited or full
extended reporting period. However, doing so will not provide the same kind of protection as occurrence
based coverage.
In summary, claims-made policies. provide far less coverage than occurrence-based policies. Public officials
should always insist that any carrier provide them with occurrence-based liability coverage; RMA offers
occurrence-based liability coverage on all policies.
Form revised 1112019 Claims-made vs Occurrence-based Liability Coverage I Page 2 of 2