sheri swain, director of enterprise risk management maricopa county community college district...

Helping you Avoid the Penalty Box

Sheri Swain, Director of Enterprise Risk ManagementMaricopa County Community College District

Christine Nobles, Insurance ManagerMaricopa County

Assessing the Risk

What is your exposure?

Can you Avoid, Transfer or Retain?

What are we doing? Exposure to loss (more than we would

normally have?) Frequency ( how likely is a loss?) Severity ( how bad is bad if it happens?) Recreational Use Statute

What to Consider

Contract language that protects your entity.◦ Indemnification Clause◦ Insurance Requirements – The BIG 3!

General Liability Auto Liability Worker’s Compensation Specialty Coverage (E&O (Professional), Cyber, Sexual

Misconduct and Medical Malpractice)

◦ Additional Insured

What do we really need?

The Contractor agrees to (WHAT?) defend, indemnify, and hold harmless the (Government Agency), its agents, representatives,

officials, and employees, from and against (WHAT?) any and all claims, damages, losses, and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to, arising out of, (WHAT?) or alleged to have resulted from the acts, error, mistakes, or omissions of the Applicant, its agents, employees, contractors, subcontractors, customers, invitees, guests or other persons doing business with the Applicant, in connection with ,(WHAT?)the Event described in the Application, provided that (WHAT?)such claims, damages, losses and expenses are attributable to bodily injury or to injury to or destruction of property. I have read and understand all of the attached policies and will abide by all policies, rules, regulations, and conditions of use as written. I understand that the event permit is not transferable to any other individual or group.

Application, Permit or Agreement Look at The WHATS?

Got Cash? Got Insurance? Got a Bond?

Funding Source??

The Funding Source (the

CERTIFICATE) ???

Look for expiration date. Occurrence or Claims made?

Funding Source “The endorsement!!!”

Blanket (where required by written contract) 95% of the time they already have and it cost them nothing to provide. Usually good all year or the term of the insurance. (READ IT!!!)

Specifically named additional insured (may cost them additional premium and may be specific to the event)

Two Common Types of Endorsements

34-226. Indemnity agreements in construction and architect-engineer contracts void; definitionsA. A covenant, clause or understanding in, collateral to or affecting a construction contract or subcontract or architect-engineer professional service contract or subcontract that purports to indemnify, to hold harmless or to defend the promise of, from or against liability for loss or damage resulting from the negligence of the promise or the promise's agents, employees or indemnitee is against the public policy of this state and is void

Construction is Different

Specifically Named

Questions????????????