2021-22 Exhibit_C_Uninsured_Underinsured_Motorist_CoverageUninsured/Underinsured Motorist Coverage
048530-000000 7807221.1 Page:1 of 7 Tel 800.537.7790 Fax 916.231.4111 2021-22 Property/Liability Coverage Documents Special District Risk Management Authority Rev. 07/01/2021 www.sdrma.org
Uninsured/Underinsured Motorist Coverage Agreement
Exhibit C
No. UMI-SDRMA-2021-22
Various provisions in this coverage agreement restrict coverage. Read the entire coverage agreement
carefully to determine rights, duties, and what is and is not covered.
Throughout this coverage agreement the words “you” and “your” refer to the Member shown in the
Declarations. The words “we,” “us” and “our” refer to Special District Risk Management Authority.
Other words and phrases that appear in bold face type have special meaning. Please refer to Section II –
Definitions.
I.Coverage A.We will pay all sums the Member, a Covered Individual or a Covered
Occupant is legally entitled to recover as compensatory damages
from the owner or driver of an Uninsured Motor Vehicle. The
damages must result from Personal Injury sustained by the
Member, Covered Individual or Covered Occupant caused by an
Auto Accident. The owner's or driver's liability for these damages
must result from the ownership, maintenance or use of the
Uninsured Motor Vehicle.
B.If this coverage agreement provides for a limit in excess of the
amounts required by the applicable law where a Covered Auto is
principally garaged, we will pay only after all liability bonds or
policies have been exhausted by judgments or payments.
C.Any judgment for damages arising out of a Suit brought without our
written consent is not binding on us.
II.Definitions A.Auto Accident means an event involving an Uninsured
Motorist/Underinsured Auto in which a Member, Covered
Individual or Covered Occupant suffers Personal Injury or Property
Damage.
B.Auto means a land motor vehicle, trailer, or semi-trailer.
C.Bodily Injury means physical injury, sickness, disease, disability,
mental anguish, mental injury or death.
D.Covered Auto means an Owned Auto as defined herein.
Uninsured/Underinsured Motorist Coverage
048530-000000 7807221.1 Page:2 of 7 Tel 800.537.7790 Fax 916.231.4111 2021-22 Property/Liability Coverage Documents Special District Risk Management Authority Rev. 07/01/2021 www.sdrma.org
II.Definitions, continued E.Covered Individual means:
1.Those individuals who were or now are elected or appointed
officials of the Member, including Members of its governing
body or any other committees, trustees, boards or commissions
of the Member, while acting for or on behalf of the Member.
2. Past or present individual employees of the Member while acting
for or on behalf of the Member.
3.Any of the Members’ individual volunteers while acting within
the course and scope of their services or duties as volunteers.
F.Covered Occupant means an individual Occupying a Covered Auto.
G.Damages means monetary compensation and includes such
compensation for loss of services resulting from Personal Injury orProperty Damage.
H.Member means the District(s), Agency(s) Cities or Entity(ies)
identified in the Declarations.
I.Loss means direct or accidental loss or damage.
J.Occupying means in, upon, getting in, on, out or off.
K.Owned Auto means an Auto owned by the Member at the
commencement of the period of coverage of this Memorandum or
acquired by the Member during the period of coverage afforded this
Memorandum, provided that the Member shall notify SDRMA
within thirty (30) days of its acquisition of ownership. Covered Auto
also means a temporary substitute Auto which is used because a
Covered Auto is out of service due to its breakdown, repair,
servicing, loss or destruction.
L.Personal Injury means Bodily Injury, sickness, disease, disability,
care, loss of services, or loss of consortium.
M.Property Damage means damage to or loss of use of tangible
property.
N.Suits means a civil proceeding in which Damages are alleged
because of Personal Injury or Property Damage. Suit includes
arbitration proceedings alleging such Damages to which you must
submit or submit with our consent.
Uninsured/Underinsured Motorist Coverage
048530-000000 7807221.1 Page:3 of 7 Tel 800.537.7790 Fax 916.231.4111 2021-22 Property/Liability Coverage Documents Special District Risk Management Authority Rev. 07/01/2021 www.sdrma.org
Definitions, continued O.Uninsured Motor Vehicle means a land motor vehicle or trailer:
1.For which no liability bond or policy at the time of an Auto
Accident provides at least the amounts required by the
applicable law where a Covered Auto is principally garaged;
2.That is an underinsured motor vehicle. An underinsured motor
vehicle is a motor vehicle or trailer for which the sum of all
liability bonds or policies at the time of an Auto Accident
provides at least the amounts required by the applicable law
where a Covered Auto is principal ly garaged but that sum is less
than the LIMITS OF COVERAGE provided for under this
agreement;
3.For which an insuring or bonding company denies coverage or
refuses to admit coverage except conditionally or with
reservation or becomes insolvent; or
4.That is a hit-and-run vehicle and neither the driver nor owner
can be identified. The vehicle must make physical contact with
the Member, Covered Individual, a Covered Auto or a vehicle a
Covered Individual is Occupying.
However, Uninsured Motor Vehicle does not include any vehicle:
1. Owned or operated by a self-insurer under any applicable motor
vehicle law except a self-insurer who is or becomes insolvent
and cannot provide the amounts required by that motor vehicle
law;
2.Owned by a governmental unit or agency;
3.Designed or modified for use primarily off public roads while not
on public roads.
III.Who is Covered Under
this Agreement
A.The Member
B.Any Covered Individuals
C.Any Covered Occupant
IV.Exclusions This coverage afforded under this agreement does not apply to any of
the following:
A.Punitive or exemplary damages,
B.Any claim settled without our written consent,
C.The direct or indirect benefit of any insurer or self-insurer under any
workers compensation, disability benefits or similar law or to the
Uninsured/Underinsured Motorist Coverage
048530-000000 7807221.1 Page:4 of 7 Tel 800.537.7790 Fax 916.231.4111 2021-22 Property/Liability Coverage Documents Special District Risk Management Authority Rev. 07/01/2021 www.sdrma.org
IV.Exclusions, continued direct benefit of the United States, a state or its political
subdivisions.
D.Personal Injury sustained by a Member, Covered Individual or
Covered Occupant while Occupying or struck by any vehicle owned
by the Member that is not a Covered Auto.
E.Personal Injury sustained by a Member, Covered Individual or
Covered Occupant while Occupying any vehicle leased by the
Member under a written contract for a period of 6 months or more
that is not a Covered Auto.
F.Anyone using a vehicle without a reasonable belief that the person
is entitled to do so.
V.Limit of Coverage A.Regardless of the number of Covered Autos, Members, Covered
Individuals premiums paid, claims made or vehicles involved in the
Auto Accident or Covered Occupant the most we will pay for all
damages resulting from any one Auto Accident is the COVERAGE
LIMIT shown in the Declarations.
B.For a vehicle described in paragraph 2 of the definition of Uninsured
Motor Vehicle, our Limit of Coverage shall be reduced by all sums
paid because of Personal Injury by or for anyone who is legally
responsible, including all sums paid or payable under this COVERAGE
AGREEMENT.
C.No one will be entitled to receive duplicate payments for the same
elements of Loss under this Coverage Agreement.
We will not make a duplicate payment under this Coverage for any
element of Loss for which payment has been made by or for anyone
who is legally responsible.
We will not pay for any element of Loss if a person is entitled to
receive payment for the same element of Loss under any workers'
compensation, disability benefits or similar law.
VI.Conditions A.Duties in the event of accident, claim, suit or loss: In the event of an
Auto Accident, Claim, Suit or Loss you must give SDRMA prompt
notice of the Auto Accident or Loss. Include:
1.How, when and where the Accident or Loss occurred;
Uninsured/Underinsured Motorist Coverage
048530-000000 7807221.1 Page:5 of 7 Tel 800.537.7790 Fax 916.231.4111 2021-22 Property/Liability Coverage Documents Special District Risk Management Authority Rev. 07/01/2021 www.sdrma.org
VI.Conditions, continued 2.The Covered Individual’s or Covered Occupant’s name and
address; and
3.To the extent possible, the names and addresses of any injured
persons and witnesses.
4.Promptly notify the police if a hit-and-run driver is involved.
5.Take all reasonable steps to protect the Covered Auto from
further damage.
6.Send us copies of the legal papers if a Suit is brought.
In addition, a person seeking coverage under paragraph 2 of the
definition of Uninsured Motor Vehicle must:
1.Provide us with a copy of the complaint by personal service or
certified mail if the Member, Covered Individual or Covered
Occupant brings an action against the owner or operator of such
Uninsured Motor Vehicle,
2.Within a reasonable time, make all pleadings and depositions
available for copying by us or furnish us copies at our expense,
and
3.Provide us with proof that the limits of insurance under any
applicable liability bonds or policies have been exhausted by
payment of judgments or settlements.
B.Legal action against SDRMA: No legal action may be brought against
SDRMA under this Coverage Agreement until there has been full
compliance with all the terms of this Coverage Agreement or unless
within one year from the date of the Auto Accident:
1.Agreement as to the amount due under this insurance has been
concluded;
2.The Member, Covered Individual or Covered Occupant has
formally instituted arbitration proceedings against us; or
3.Suit for Personal Injury has been filed against the uninsured
motorist in a court of competent jurisdiction,
Written notice of the Suit must be given to us within a reasonable
time after the Member, Covered Individual or Covered Occupant
knew, or should have known, that the other motorist is uninsured.
In no event will such notice be required before one year from the
date of the accident. Failure of the Member, Covered Individual or
Covered Occupant or his or her representative to give us such notice
of the Suit will relieve us of our obligations under this Coverage Form
only if the failure to give notice prejudices our rights.
Uninsured/Underinsured Motorist Coverage
048530-000000 7807221.1 Page:6 of 7 Tel 800.537.7790 Fax 916.231.4111 2021-22 Property/Liability Coverage Documents Special District Risk Management Authority Rev. 07/01/2021 www.sdrma.org
VI.Conditions, continued C.Transfer of rights of recovery against others to us:
1.With respect to paragraphs 1., 3. and 4. of the definition of
Uninsured Motor Vehicle, if we make any payment, we are
entitled to recover what we paid from other parties. Any person
to or for whom we make payment must transfer to us his or her
rights of recovery against any other party. This person must do
everything necessary to secure these rights and must do nothing
that would jeopardize them.
2.With respect to paragraph 2. of the definition of Uninsured
Motor Vehicle, if we make any payment and the Member,
Covered Individual or Covered Occupant recovers from another
party, the Member, Covered Individual or Covered Occupant
shall hold the proceeds in trust for us and pay us back the
amount we have paid.
D.Other insurance: If there is other applicable Personal Injury
uninsured motorist coverage available under one or more Coverage
Forms, policies or provisions of coverage:
1.Any recovery for damages may equal but not exceed the highest
applicable Limit of Coverage for any one Covered Auto under
this Coverage Agreement or any other Coverage Form or policy
providing coverage on either a primary or excess basis.
In addition, if any such coverage is provided on the same basis,
either primary or excess, as the coverage we provide under this
coverage agreement, we will pay only our share. Our share is
the proportion that our Limit of Coverage bears to the total of
all applicable limits for coverage provided on the same basis.
2.For any Covered Auto the Member owns, this Coverage
Agreement provides primary coverage. For any Covered Auto
the Member does not own, the coverage provided by this
Coverage Agreement is excess over any other collectible
Personal Injury uninsured motorists coverage.
E.Arbitration
1.If we and a Member, Covered Individual or Covered Occupant
disagree whether the Member, Covered Individual or Covered
Occupant is legally entitled to recover damages from the owner
or driver of an Uninsured Motor Vehicle or do not agree as to
the amount of damages that are recoverable by that Member,
Uninsured/Underinsured Motorist Coverage
048530-000000 7807221.1 Page:7 of 7 Tel 800.537.7790 Fax 916.231.4111 2021-22 Property/Liability Coverage Documents Special District Risk Management Authority Rev. 07/01/2021 www.sdrma.org
Covered Individual or Covered Occupant, the disagreement will
be settled by a single neutral arbitrator. However, disputes
concerning coverage under this coverage agreement may not be
arbitrated. Either party may make a written demand for
arbitration. Each party will bear the expenses of the arbitrator
equally.
2.Unless both parties agree otherwise, arbitration will take place
in the county in which the Member, Covered Individual or
Covered Occupant is located and/or resides. Local rules of law
as to arbitration procedures and evidence will apply. The
decision of the arbitrator will be binding.
** * * *
SPECIAL DISTRICT RISK MANAGEMENT AUTHORITY
Signed by: ____________________________________________ __July 1, 2021___
Date Laura S. Gill
Chief Executive Officer
7807221.1