Governmental Risk Pools
Post Office Box J
1023 Jim Thorpe Blvd
Prague, OK 74864-1045
(405) 567-2611
(405) 567-3307
FYI Reading
This page features articles or items that AGRiP believes will be of special interest or provide "food for thought" to pool administrators and governing body members. Suggestions for additional "readings" to be posted here are encouraged and may be sent to cbodine@agrip.org.
Categories
Court Cases
Employee Benefits Issues
Federal Agency Information
Other Topics of Interest
Pool Reports
PRIMA Talk Summaries
Sample MD&A's
Terrorism Risk Insurance Act of 2002
There may be documents in PDF format that require the Adobe Acrobat Reader for you to view. If you do not have Adobe Acrobat, it is available free for various platforms, PC, MAC, Unix, etc. To download a copy click  |
PRIMATalk Summaries
From time to time AGRiP will post summaries of PRIMATalk exchanges that are thought to have special interest to pools and their members. PRIMA (The Public Risk Management Association) also maintains an archive of PRIMATalk discussions available to PRIMATalk subscribers at http://www.primacentral.org/.
DUI and Driving - August 2008 - PDF format
Punitive Damages
Climbing Rocks
Drivers License Check for Employees – November 2004
Property Damage Caused by Law Enforcement Personnel – November 2004
Police Department Motorcycle Replacement – November 2004
Special Events and Insurance Requirements, December 2002
Return to Work Programs (RTW), January 2004
Terrorism Risk Insurance Act of 2002
Clarifying TRIA an article from Captive Review magazine provided by Morris, Manning & Martin regarding the full impact of the Landmark Act. PDF format
Morris, Manning & Martin, LLP memo of 12/2/03 on Proposed Claims Procedures PDF format
Final Rule Implementing the Terrorism Risk Insurance Act of 2002 provided by Morris, Manning & Martin
On July 8, 2003, the US Department of the Treasury (Treasury) issued the first in what will be a series of final rules implementing the Terrorism Risk Insurance Program (the Program) established by the Terrorism Risk Insurance Act of 2002 (the Act).
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Sample Management's Discussion & Analysis (MD&A's)
Washington Governmental Entity Pool (WGEP) PDF format
Missouri Public Entity Risk Management Fund (MOPERM) PDF format
Housing Enterprise Risk Services (HERS) which is a wholly-owned subsidiary of Housing Authority Property Insurance, Inc. PDF format
Texas Municipal League Intergovernmental Risk Pool (TMLIRP) PDF format
Intergovernmental Risk Management Agency (IL) PDF format
Other Topics of Interest
Privacy and Governmental Workplace Monitoring Caution! Emerging and Evolving Doctrine Ahead
Public Employees and Constitutional Free Speech: Maybe a Little Less Free?
Blogging in the Public Sector Workplace: Employee Right or Employee Blight?
Employee Privacy, Speech and Blogs
Natural Disasters: Public Policy Options for Changing the Federal Role in Natural Catastrophe Insurance. GAO-08-7, November 26.
News Release: London Boroughs Announce Launch of Risk Pool article from the May 2007 issue of Public Risk Forum.
ARPM Pool Manager Interview Paper, by Ty Gagne, 2007
A Healthy Plan - New TAC disease management benefits, health awareness campaigns help county employees
Please Don't Say Anything, But...! Confidentiality and Sexual Harassment
Liability
The Care and Custody of Others' Autos: Garagekeepers Comprehensive
Coverage
Data Sharing During Child Protection Team Meeting
Informal Commentary on Employer 'Contribution' in 3rd party WC Litigation
Federal Privacy Regulations May Apply to Counties
Reexamining Reinsurance
Safety Incentive Programs
Some Practical Advice For Staying Out Of Trouble
Irrational Government
Visionary Coverage For Pools -- Where Others Fear to Tread -- Land Use
Takings
Towards a Holistic Legal Defense
Issues In Risk Management: The Language of Police Pursuit Law
Public Safety Work Arenas Demand Specific Loss Control Solutions
Summer Hazards for Outdoor Workers
Employee Privacy, Speech and Blogs
By Attorney Daniel D. Crean PDF format
(Supporting materials include reprints of articles as noted in material.)
Blogging in the Public Sector Workplace: Employee Right or Employee Blight?
By Attorney Daniel D. Crean
Awareness In Action: The Journal of New Hampshire Public Risk Management, Issue #4 PDF format
Public Employees and Constitutional Free Speech: Maybe a Little Less Free?
By Attorney Daniel D. Crean
Awareness In Action: The Journal of New Hampshire Public Risk Management, Issue #3 PDF format
Privacy and Governmental Workplace Monitoring Caution! Emerging and Evolving Doctrine Ahead
By Attorney Daniel D. Crean, MUNICIPAL LAWYER, Vol. 45, No. 2, March/April 2004 PDF format
Natural Disasters: Public Policy Options for Changing the Federal Role in Natural Catastrophe Insurance. GAO-08-7, November 26. PDF format
News Release: London Boroughs Announce Launch of Risk Pool, this article appeared in the May 2007 issue of Public Risk Forum a magazine published by the European Institute for Risk Management.
ARPM Pool Manager Interview Paper, by Ty Gagne, 2007 PDF format
Please Don't Say Anything, But...! Confidentiality and Sexual Harassment Liability by, Mary Jo McGrath, Attorney at Law
The Care and Custody of Others' Autos: Garagekeepers Comprehensive Coverage by, Robert Goede, CPCU, MCIT Account Executive in Minnesota
Data Sharing During Child Protection Team Meetings by, Karen Clayton Ebert, MCIT Staff Counsel in Minnesota
Informal Commentary on Employer 'Contribution' in 3rd party WC Litigation provided by Ed Dutton of Park District Risk Management Agency in IL PDF format
Federal Privacy Regulations May Apply to Counties by, Anne Stohr O'Brien, Esq. and Marcy Kincaid, Esq.
This article appeared in the February 2003 issue of Get Connected, the monthly newsletter of the Kansas County Association Multi-Line Pool (KCAMP). While written for county officials, it is applicable to all public entities. The article is made available here on AGRiP FYI Readings with the permission of Tom Job, Executive Director of KCAMP and the law firm of Shook, Hardy & Bacon, LLP.
Reexamining Reinsurance
This article will provide basic information on reinsurance, the reinsurance market, traditional insurer/reinsurer transactions, and recent underwriting results. It will then explain why now, more than ever, knowledge of reinsurance and its market conditions is an essential aspect of public entity risk financing, and suggest how a public risk manager can work with this market. PDF format
Safety Incentive Programs
This article includes several thought-provoking commentaries from risk management professionals in response to the question: "We are considering developing a safety incentive program and I am curious as to whether such programs really work in reducing the number and or severity of workers' compensation and other accidents. What are the primary elements of such a program and how do you prove to management that such a program is effective?" Pool officials should find this article informative in designing pool-wide or member specific programs. The article appeared as the Risk Bites Question of the Month feature in the January 2003 issue of riskVue, the free monthly webzine from Griffin Communications and Warren, McVeigh & Griffin.
Some Practical Advice For Staying Out Of Trouble by Michael A. O'Quinn. This article includes a model ordinance establishing a code of conduct for elected officials. It appeared in the December 2002 issue of "The Local Government Liability Beat", published by the Local Government Risk Management Services Inc., - a service organization of the Association of County Commissioners of Georgia and the Georgia Municipal Association Risk Management Programs. PDF format
Irrational Government by Stewart H. Diamond / Thomas G. DiCanni
Visionary Coverage For Pools -- Where Others Fear to Tread -- Land Use Takings by David Lincoln Adler
Towards a Holistic Legal Defense by Stewart H. Diamond and Robert K. Bush
Issues In Risk Management: The Language of Police Pursuit Law by Michael Ellis, MMRMA, Director of Claims
Public Safety Work Arenas Demand Specific Loss Control Solutions by Jack Kanner, CEO, PSR Corporation
Summer Hazards for Outdoor Workers by Ashley Seitz, summer intern at Public Entity Risk Institute
Court Cases
The case of Texas Counsel Risk Managment Fund v. Evelyn Casewell involved a District Judge who felt the derivative statutory lienholder status of a workers' comp. carrier, in an action against a third party, can be completely wiped out by the injured employee settling with the negligent third party no matter the timing of that settlement, amount of settlement monies received, or the amount of the subrogation interest of the carrier. Schools Excess Liability Fund v. Westchester Fire Insurance Company
After a student was injured while riding on a school-district-owned bus driven by a transportation company employee, both the insurer of the transportation company and the Schools Excess Liability Fund (SELF) contributed $2.1 million toward settlement of the student's claim for damages. SELF filed an action for declaratory judgment against the insurer, seeking a declaration that the SELF memorandum of coverage excluded coverage for the transportation company.
Holly Todd and Kodey Todd v. Missouri United School Insurance Council, decision from the Supreme Court of Missouri, SC88020, 5/29/07. This case arises from a physical assault upon a student on school premises by a substitute teacher. When the substitute teacher agreed to a $100,000 consent judgment to be collected from any insurance coverage in place for the benefit of the district, the student and his mother brought suit against the Missouri United School Insurance Council (MUSIC). The trial and Supreme Court ruled on the side of the pool, stating that the pool's policy when read as a whole, would not give the mother and son any expectation of coverage for the teacher's intentional act. Is your coverage document written well enough to protect from an event like this one? Do you have appropriate language in all the correct places?
Ohio Court of Appeals case
The Sixth Appellate District Court of Appeals of Ohio upheld a summary judgment decision in the Ohio Government Risk Management Plan, et. al., Appellees v. County Risk Sharing Authority case.
The underlying litigation stemmed from a collision between a private vehicle and an ambulance driven by a city employee. The ambulance was titled with a county who was a participant and member of County Risk Sharing Authority (CORSA). The city was a member of Ohio Government Risk Management Plan (OGRMP) which provided the city coverage. Questions involving primary coverage and whether a pool is “insurance” were ruled on. PDF format
U.S. 8th Circuit Court of Appeals, Reimer v. City of Crookston (MN), August 30, 2005.
This case presents potentially problematic issues for public entities affecting liability coverage and limits in joint powers arrangements such as mutual aid, law enforcement task forces, recreational facilities/programs, etc. The federal appeals court ruled that in at least some joint powers situation, a participating political subdivision can be held vicariously liable for the actions of another subdivision; and that in such a situation, a claimant can stack the statutory tort limits of the participating political subdivisions. Documents included are:
- Minnesota Counties Insurance Trust (MCIT) ALERT provides background along with recommended advise and action and a discussion of proposed legislative remedy. PDF format
- Minnesota Counties Insurance Trust (MCIT) Synopsis of the Court’s Decisions. PDF format
- League of Minnesota Cities Insurance Trust (LMCIT) September 27, 2005 memo to members, attorneys and agents.
- Opinion of the Court PDF Format
Missouri Court of Appeals case
A Missouri Court of Appeals recently rendered a decision holding that a public entity pool is an “insurance entity” under Missouri law, subject to the common law requirement that insurers must demonstrate prejudice before denying coverage on an untimely submitted claim.
Commonwealth Court of Pennsylvania case involves the issue of whether a settlement made by an insurance carrier on behalf of a Housing Authority is a “public record”, even where the public entity did not consent to the settlement, was not a party to the settlement agreement, nor in possession of a copy of it. Housing and Redevelopment Insurance Exchange (HARIE), a Risk Retention Group pool in Pennsylvania, provided the coverage to the housing authority.
PDF format
Texas Supreme Court Case
"In this case, we decide whether the Texas Association of Counties County Government Risk Management Pool (TAC) may obtain reimbursement from its insured, Matagorda County, for an amount that TAC paid to settle a claim that was later determined to be excluded from coverage. The trial court ruled that TAC was entitled to reimbursement, but the court of appeals reversed. 975 S.W.2d 782. Because TAC established neither an implied-in-fact nor an implied-in-law right to reimbursement, we affirm the court of appeals' judgment."
Michigan Supreme Court Case on Liability of Volunteer Firefighter Driving A Personal Vehicle To An Alarm (Alex v Wildfong, 1999). Summary: On the way to a house fire, a volunteer firefighter driving his own vehicle collided with a car driven by the plaintiff’s decedent. The ensuing litigation presents an issue regarding which of two statutes should be used to gauge the defendants’ potential liability. The circuit court entered judgment for the defendants, but the Court of Appeals reversed. The Michigan Supreme Court reinstated the judgment of the circuit court.
2007 Loss Control Report was prepared by Rick Bayer, Loss Control Manager for the Cities and Villages Mutual Insurance Company (CVMIC) in Wisconsin.
Best Practices in Pharmacy Benefits Management Vendor Selection Using an RFP
By Robyn Sykes, Exectutive Director/CEO, Minnesota Counties Insurance Trust (Adapted with permission from the summer 2008 issue of Scripnet Network News) PDF format
A Healthy Plan - New TAC disease management benefits, health awareness campaigns help county employees by, Maria Sprow PDF format
This article appeared in the September/October 2006 issue of "County" magazine published by the Texas Association of Counties.
Click here to view a compilation of notes, comments and topics from the 2007 AGRiP Pool Health Benefits Summit presented Sunday, October 28, 2007 by Susan Klakoff and Jennifer Hoff Hall in Savannah, GA.
Federal Agency Information
FEMA Fact Sheet DAP9580.3 on Insurance Considerations for Public Assistance Applicants.
