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Indian River County Board of County Commissioners Gallagher <br />RE360 <br />Public Entity Excess Liability <br />In 2020, the County was coming off a rate agreement with Brit (now Ambridge). We marketed your program to five <br />markets and coverage remained with Brit for a 6% rate increase. In 2021 based on expiring marketing, we <br />approached Safety National. Safety declined to quote based on current premium. <br />In 2021, Ambridge moved to a new coverage form and below were the material changes: <br />1. Our current policy has nine coverage sections. The new form has ten coverage sections. <br />2. The intent is liability limits cannot be stacked, loss is recoverable under ONE coverage section <br />3. Added exclusion for: Any liability arising out of the flooding, cracking, seepage, accidental discharge, partial <br />or complete structural failure or over -topping of a DAM for which the INSURED is legally liable. A DAM is <br />defined as: DAM means any artificial barrier, including, but not limited to, spillways, berms or reservoirs <br />that have the ability to impound water for the purpose of storage and/or control of water that is greater than <br />25 feet in height with storage capacity of more than 15 acre-feet or greater than 6 feet in height with <br />storage capacity of more than 50 acre-feet. DAM also means levees and any dam classified as high <br />hazard. <br />4. The Law Enforcement Liability now includes an exclusion for Auto Liability. This ensures Auto Liability <br />claims addressed within Auto Liability coverage section. <br />5. Your expiring Errors & Omissions, Law Enforcement and General Liability sections included coverage for <br />Sexual Abuse and Sexual Harassment. Sexual Abuse now has its own claims made coverage form and <br />dedicated limit. The new coverage form requires potential claims be reported within 180 days after initial <br />discovery of any actual, attempted or pending allegation. Many insured historically had Occurrence <br />coverage within their General Liability and this is a trend we are seeing across the industry. The retro date <br />for this section is Mayl, 2021. Prior Sexual Abuse coverage for the County was written on an Occurrence <br />form. <br />6. Extended Reporting Period changed from 100% max annual premium to 200% max annual premium <br />7. Added Exclusion for Communicable Disease <br />In 2022, Ambridge had two new material changes: <br />1. Added an endorsement clarifying that their limit is subject to the County paying the total loss and they <br />would reimburse the County. <br />2. Named Insured — Per my email on March 8, Ambridge is trying to get away with each policy have different <br />"manuscript" named insured endorsements. As a result, the below language will be removed in 2022 <br />It is here by noted and agreed that the NAMED ASSURED is Indian River County Board of County <br />Commissioners and all persons who were, now are or shall be lawfully elected or appointed <br />officials or employees while acting for or on behalf of the Public Entity; Current or former Boards, <br />Commissions, Councils Authorities, Agencies, or other entities of the County, even if newly created <br />and current or former elected or appointed officials, members of Boards, Commissions, Councils, <br />Authorities or Agencies, etc. and employees of the County, even if newly elected, appointed, hired, <br />etc. and Volunteers acting for or on behalf of, and at the direction of, the Public Entity, not including <br />any person working on a retainer or as an independent contractor; Officials and employees of the <br />Public Entity appointed at the request of the Public Entity to serve with an outside tax exempt <br />entity. <br />Other entities or persons, to the extent required by agreement, contract or lease with the County or <br />Boards, Commissions, Councils, Authorities, Agencies, etc. of the County. <br />Other entities, persons or organizations providing .cervica to vnu unrlar my midiml ;40 nr .cimi1ar <br />agreement. <br />20 <br />