2021-22 General Liability DeclarationsDeclarations – General Liability Coverage
2021-22 Property/Liability Coverage Documents General Liability: 1 of 6 Tel 800.537.7790
Special District Risk Management Authority Fax 916.231.4111
Rev.07/01/2021 www.sdrma.org
MEMBER COVERED:Costa Mesa Sanitary District
290 Paularino Avenue
Costa Mesa, California 92626
Your District/Agency/City has elected to participate in the risk
financing coverage programs described below as “THE PACKAGE
PROGRAM” and in such other programs as are indicated herein. These
DECLARATIONS together with the Memorandum, the Liability
Coverage Agreement, the terms and conditions of the Sixth Amended
and Restated Joint Powers Agreement and Bylaws, or successor
documents thereto, constitute the entire agreement concerning risk-
financing coverage between the Special District Risk Management
Authority and your District/Agency/City.
Please read the Sixth Amended and Restated Joint Powers Agreement
and Bylaws of the Special District Risk Management Authority
(hereinafter “SDRMA”), or successor documents thereto, together
with the Memorandum of Coverages, hereinafter referred to as the
“Memorandum,” and the Liability Coverage Agreement itself to
ascertain all of your District's/Agency's/City’s rights and obligations
regarding its relationship with the Special District Risk Management
Authority.
COVERAGE PERIOD: July 1, 2021 at 12:01 a.m. to July 1, 2022 at 12:01 a.m.
COVERAGE(S)
LIMITS
A.PERSONAL INJURY AND PROPERTY DAMAGE LIABILITY
COVERAGE – GENERAL:
Up to $10,000,000 per occurrence, subject to (1) the sub-limits
referred to below for Inverse Condemnation, Sexual Abuse or
Molestation Incidents, and Wildfire losses, (2) NOTES 1, 2 3, and 4
below including the group limits, and (3) the terms, conditions,
deductibles definitions, and exclusions as provided in both the
Memorandum and the Liability Coverage Agreement and
endorsements thereto.
With respect to any occurrence arising out of a Sexual Abuse or
Molestation Incident, if the limit of liability for Coverage A as stated in
these Declarations is $5,000,000 or less per occurrence, the applicable
limit of liability for any such Sexual Abuse or Molestation Incidents
shall be the per occurrence limit stated in these Declarations. With
respect to any occurrence arising out of a Sexual Abuse or
Molestation Incident, if the limit of liability for Coverage A as stated in
these Declarations is in excess of $5,000,000, the applicable limit of
liability for any occurrence arising out of a Sexual Abuse or
Molestation Incident shall nevertheless be $5,000,000.
With respect to an occurrence arising out of Inverse Condemnation,
Declarations – General Liability Coverage
2021-22 Property/Liability Coverage Documents General Liability: 2 of 6 Tel 800.537.7790
Special District Risk Management Authority Fax 916.231.4111
Rev.07/01/2021 www.sdrma.org
the maximum limit of liability for all SDRMA Covered Parties due to
any such single occurrence is $1,000,000.
With respect to an occurrence arising out of Wildfire, the maximum
limit of liability for all SDRMA Covered Parties due to any such single
occurrence is $7,500,000.
MEMBER DEDUCTIBLE $25,000 per occurrence
LIMITS
B. PERSONAL INJURY AND PROPERTY DAMAGE LIABILITY COVERAGE
- AUTO:
Up to $10,000,000 per accident subject to the terms, conditions,
deductibles and exclusions as provided in the Memorandum, and
subject ALSO to the terms, conditions, definitions and exclusions of
both the Memorandum and the Liability Coverage Agreement and
endorsements thereto.
MEMBER DEDUCTIBLE $25,000 per occurrence
LIMITS
C.PUBLIC OFFICIALS' AND EMPLOYEES' ERRORS AND OMISSIONS
COVERAGE:
Up to $10,000,000 for each Wrongful Act, subject to NOTES 1, 2 3,
and 4 below including the per occurrence group limit and sub-limit,
subject ALSO to the terms, conditions, definitions and exclusions as
provided both the Memorandum and the Liability Coverage
Agreement and endorsements thereto.
MEMBER DEDUCTIBLE $25,000 per occurrence
LIMITS
D. EMPLOYEE BENEFITS LIABILITY COVERAGE:
Up to $10,000,000 for each Wrongful Act, subject to NOTES 1, 2 and 3
below including the per occurrence group limit and sub-limit, to which
this coverage applies, subject to ALSO the terms, conditions,
definitions and exclusions as provided in both the Memorandum and
the Liability Coverage Agreement and endorsements thereto.
MEMBER DEDUCTIBLE $25,000 per occurrence
LIMITS
E. EMPLOYMENT PRACTICES LIABILITY COVERAGE:
Up to $10,000,000 for each Wrongful Act, subject to NOTES 1, 2 3, and
4 below including the per occurrence group limit and sub-limit, to
which this coverage applies, subject to the terms, conditions and
Declarations – General Liability Coverage
2021-22 Property/Liability Coverage Documents General Liability: 3 of 6 Tel 800.537.7790
Special District Risk Management Authority Fax 916.231.4111
Rev.07/01/2021 www.sdrma.org
AS RESPECTS DISCIPLINE,
DEMOTION, REASSIGNMENT
OR TERMINATION
exclusions as provided in both the Memorandum and the Liability
Coverage Agreement and endorsements thereto.
As respects any employment practices Claim or Suit arising in whole or
in part out of any action involving discipline, demotion, reassignment
or termination of any Employee, Leased Worker, Temporary Worker,
Volunteer, or any worker who participates in an internship or training
program which may lead to employment with the Member:
(1) SDRMA shall be responsible for the first $10,000 of loss, and
(2) as to amounts expended for a loss in excess of $10,000 up to
$210,000, such losses will be shared between SDRMA (50%) and the
Member (50%) such that the Member will be responsible for up to but
not in excess of $100,000,
UNLESS the covered Member shall, upon notifying SDRMA of the
assertion or filing of a Claim or Suit seeking Damages arising in whole
or in part out of any discipline, demotion, reassignment or termination
of an any Employee, Leased Worker, Temporary Worker, Volunteer,
or any worker who participates in an internship or training program
which may lead to employment with the Member, furnishes to
SDRMA an affidavit or declaration signed under penalty of perjury by a
duly admitted and qualified member of the State Bar of California,
averring that:
(a) Said attorney is familiar with the laws governing the
relationships between employees and employers, including public
entity employers; and
(b) That prior to any act referred to in the Claim or Suit involving
discipline, demotion, reassignment or termination of an any
Employee, Leased Worker, Temporary Worker, Volunteer, or any
worker who participates in an internship or training program which
may lead to employment with the Member, that the Member
consulted fully with the person furnishing the affidavit or
declaration on the issue of the propriety and legal ramifications of
such discipline, demotion, reassignment or termination; and
(c) That the person furnishing the affidavit or declaration advised
the Member that the discipline, demotion, reassignment or
termination complained of by the any Employee, Leased Worker,
Temporary Worker, Volunteer, or any worker who participates in
an internship or training program which may lead to employment
with the Member, was approved and sanctioned by said attorney,
in which event the Member's obligation to pay 50% of the loss in
Declarations – General Liability Coverage
2021-22 Property/Liability Coverage Documents General Liability: 4 of 6 Tel 800.537.7790
Special District Risk Management Authority Fax 916.231.4111
Rev.07/01/2021 www.sdrma.org
excess of $10,000 shall not apply; and
(d) That the person furnishing the affidavit or declaration was
aware at the time of the advice that such a declaration would be
submitted to SDRMA and that SDRMA would act in reliance upon
said advice.
As respects any employment practice claim or suit not arising in whole
or in part out of any action involving discipline, demotion,
reassignment or termination, the Member deductible is:
MEMBER DEDUCTIBLE: $25,000 per occurrence
AS RESPECTS ALL OTHER
LIABILITY COVERAGES LISTED
ABOVE
ULTIMATE MAXIMUM LOSS.
Subject to the limits set forth under “Coverages” above:
NOTE 1 WITH RESPECT TO PARTS A, B, C, D AND E ABOVE: The maximum limit
of liability for all Damages and Defense Costs shall not exceed the
highest limit of any applicable coverage regardless of the number of
coverages that apply. Should more than one coverage part apply, the
member deductible shall not exceed the highest deductible under any
applicable coverage part.
NOTE 2
WITH RESPECT TO PARTS A, B, C, D AND E ABOVE: All limits of liability,
including group limits and sub-limits, are inclusive of Defense Costs.
NOTE 3
WITH RESPECT TO PARTS A, B, C, D AND E ABOVE: The maximum limits
of liability for all SDRMA Covered Parties due to an Occurrence, an
Auto Accident, a Wrongful Act, an Employee Benefits Act, Error and
Omission and/or Wrongful Employment Act or Practice, or any
combination thereof, shall not exceed $1,000,000 per occurrence, per
Member, for all Members combined for any loss arising out of Inverse
Condemnation, $5,000,000 for any sexual abuse loss, and $7,500,000
per occurrence arising out of a Wildfire loss.
NOTE 4
WITH RESPECT TO PARTS A, B, C, D AND E ABOVE: The maximum limits
of liability for all SDRMA Covered Parties for all Occurrences, Auto
Accidents, Wrongful Acts, Employee Benefits Acts, Error and Omission
and/or Wrongful Employment Acts or Practices, or any combination
thereof shall not exceed the combination of:
(1) SDRMA’s liability for its retentions under its
Declarations – General Liability Coverage
2021-22 Property/Liability Coverage Documents General Liability: 5 of 6 Tel 800.537.7790
Special District Risk Management Authority Fax 916.231.4111
Rev.07/01/2021 www.sdrma.org
Reinsurance Agreement with Old Republic Specialty
Insurance Underwriters (Pennsylvania Manufacturers
Association Insurance Company) of:
(a) $250,000 under Coverage A;
(b) $250,000 under Coverage B;
(c) $100,000 under Coverage C;
(d) $100,000 under Coverage D; and
(e) $100,000 under Coverage E;
subject to an Aggregate Stop Loss Retention of
$4,387,513 and an Aggregate Stop Loss Limit of
$2,000,000;
(2) Coverage under SDRMA’s Reinsurance Agreement
with Old Republic Specialty Insurance Underwriters
(Pennsylvania Manufacturers Association Insurance
Company) referred to in (1) above with limits of:
(a) $2,250,000 under Coverage A;
(b) $2,250,000 under Coverage B;
(c) $2,400,000 under Coverage C;
(d) $2,400,000 under Coverage D; and
(e) $2,400,000 under Coverage E;
subject to a maximum of $7,200,000 Ultimate Net
Loss per Occurrence all Public Officials liability, an
Aggregate Stop Loss Retention of $4,387,513 and an
Aggregate Stop Loss Limit of $2,000,000;
(3) Coverage under SDRMA’s Reinsurance Agreement with
QBE (Public Risk Underwriters of Texas) with limits of liability
of:
(a) $5,000,000 under Coverage A;
(b) $5,000,000 under Coverage B;
(c) $5,000,000 under Coverage C;
(d) $5,000,000 under Coverage D; and
Declarations – General Liability Coverage
2021-22 Property/Liability Coverage Documents General Liability: 6 of 6 Tel 800.537.7790
Special District Risk Management Authority Fax 916.231.4111
Rev.07/01/2021 www.sdrma.org
(e) $5,000,000 under Coverage E;
a group aggregate corridor limit of $2,500,000, and a
$50,000,000 Annual Aggregate for all SDRMA Members and
Covered Parties; and
(4) Coverage under SDRMA’s Reinsurance Agreement with
Upland Specialty Insurance Company of:
(a) $2,500,000 under Coverage A;
(b) $2,500,000 under Coverage B;
(c) $2,500,00 under Coverage C;
(d) $2,500,000 under Coverage D; and
(e) $2,500,000 under Coverage E;
subject to an Annual Aggregate limit of $12,500,000 for all
SDRMA Members and Covered Parties.
This information is provided as a general description only and is not intended to supersede specific policy
documents. In the event of a conflict in language, the policy(ies) will be the controlling document.
7824202.1