Certificate of CoveragefHE
DEPARTMENT OF FINANCIAL SERVICES
Division of Risk Management
STATE RISK MANAGEMENT
TRUST FUND
Policy Number: GL-8300 General Liability
Certificate of Coverage
Name Insured: Department of Health
General Liability Coverage provided pursuant to Chapter 284, Part II, Section 768.28, Florida
Statutes, and any rules promulgated thereunder.
Coverage Limits:
General Liability
Inception Date
Expiration Date:
DFS-DO-86;
(REV. 7/17)
$200,000.00 each person
$300,000.00 each occurrence
July 1, 2021
July 1, 2022
"' y DEPARTMENT OF FINANCIAL SERVICES
E �
Division of Risk Management
STATE RISK MANAGEMENT TRUST FUND
GENERAL LIABILITY
CERTIFICATE OF COVERAGE
In consideration of the provisions and stipulations contained herein or added hereto and for the premium charged, the State Risk Management Trust
Fund, hereinafter referred to as the "Fund", certifies that the State department or agency named in this certificate is hereby provided general liability
coverage. Coverage shall be effective on the inception date at 12:01 a.m. standard time.
This certificate is comprised of the foregoing provisions and stipulations, together with such other provisions and stipulations as may be added hereto by
the Fund in the future:
COVERAGES
General Liability Coverage --Bodily and Property Damage
To pay on behalf of the insured all sums which the insured shall
become legally obligated to pay as damages for injury or loss of
property, personal injury, or death caused by the negligent or
wrongful act or omission of any officer, employee, agent or
volunteer of the named insured, as such terms may be further
defined herein or by administrative rule, while acting within the
scope of his office or employment, pursuant to the provisions
and limitations of Chapter 284, Part II and Section 768.28,
Florida Statutes.
II. DEFENSE, SETTLEMENT, SUPPLEMENTARY PAYMENTS
With respect to such coverage as is afforded by this certificate,
the Fund shall:
(a) defend any proceeding against the insured seeking such
benefits and any suit against the insured alleging such
injury and seeking damages on account thereof, even if
such proceeding or suit is groundless, false, or fraudulent.
The Fund will investigate all claims filed against the
insured in order to determine the legal liability of the
insured and to determine damages sustained by the
claimant. The Fund will negotiate, settle, or deny the claim
based on these findings and appropriate Florida law.
(b) pay all premiums on bonds to release attachments and on
appeal bonds required in any such defended suit for an
amount not in excess of the applicable limit of liability
established in this certificate;
(c) pay all expenses incurred by the Fund, all costs taxed
against the insured in any such suit, and all interest
accruing after entry of judgment until the Fund has paid,
tendered, or deposited in court that part of such judgment
as does not exceed the limit of the Fund's liability thereon;
(d) pay expenses incurred by the insured for such immediate
medical relief to others as shall be imperative at the time of
the accident.
III. DEFINITIONS
(a) Named Insured - The department or agency named
herein.
(b) Insured - State department or agency named herein, their
officers, employees, agents or volunteers.
(c) Volunteer - Any person who of his own free will, provides
goods or services to the named insured, with no monetary
or material compensation as defined in Chapter 110, Part
IV, Florida Statutes.
(d) Agent - Any person not an employee, acting under the
direct control and supervision of a state agency or
department, for the benefit of a state agency or
department.
(e) Automobile - A land motor vehicle, trailer, or semi -trailer
designed and licensed for use on public roads (including
machinery or apparatus attached thereto), but does not
include mobile equipment.
(f) Mobile Equipment - A land vehicle (including machinery or
apparatus attached thereto), whether or not self-propelled;
(1) not subject to motor vehicle registration, or
DFS-DO-863
Revised 11105 Page 1 of 2
(2) maintained for use exclusively on premises owned
by or rented to the named insured, including the
ways immediately adjoining, or
(3) designed for use principally off public roads, or
(4) designed or maintained for the sole purpose of
affording mobility to equipment of the following types
forming an integral part of or permanently attached
to such vehicle; power cranes, shovels, loaders,
diggers and drills; concrete mixers (other than the
mix -in -transit type); graders, scrapers, rollers and
other road construction or repair equipment; air -
compressors, pumps and generators, including
spraying, welding, and building cleaning equipment;
and geophysical exploration and well -servicing
equipment.
IV. EXCLUSIONS
This certificate does not apply:
(a) to bodily injury or property damage arising out of the
ownership, maintenance, operation, use, loading or
unloading of:
(1) any automobile owned or operated by or rented or
loaned to any insured, or
(2) any other automobile operated by any person in the
course of his employment by any insured, but this
exclusion does not apply to the parking of an
automobile on premises owned by, rented to, or
controlled by the named insured or the ways
immediately adjoining, if such automobile is not
owned by, rented, or loaned to any insured;
(b) to any action which may be brought against the named
insured by anyone who unlawfully participates in riot,
unlawful assembly, public demonstration, mob violence, or
civil disobedience if the claim arises out of such riot,
unlawful assembly, public demonstration, mob violence, or
civil disobedience;
(c) to any obligation for which the insured or the Fund may be
held liable under any employer's liability or workers'
compensation law;
(d) to property damage to property owned or occupied by the
insured;
(e) to property damage to premises alienated by the insured
arising out of such premises or any part thereof;
(f) to loss of use of tangible property which has not been
physically injured or destroyed, resulting from:
(1) a delay in or lack of performance by or on behalf of
the named insured of any contract or agreement;
(2) the failure of the named insured's products, or work
performed by or on behalf of the named insured to
meet the level of performance, quality fitness, or
durability warranted or represented by the named
insured;
(g) to property damage to the named insured's products
arising out of such products or any part of such products;
(h) to property damage to work performed by or on behalf of
the named insured arising out of the work or any portion
thereof, or out of materials, parts, or equipment furnished
giving evidence and obtaining the attendance of
in connection therewith;
witnesses. The insured shall not, except at his own
(i)
eminent domain proceedings or damage to persons or
cost, voluntarily make any payment, assume any
property of others arising therefrom;
obligation or incur any expenses other than for first
Q)
to punitive damages;
aid to others at the time of accident.
(k)
to actions of insureds committed in bad faith or with
malicious purpose or in a manner exhibiting wanton and
willful disregard of human rights, safety, or property;
(4)
Action Against the Fund
(1)
to professional medical liability of the Board of Regents,
No action shall lie against the Fund unless, as a
the physicians, officers, employees, or agents of the
condition precedent thereto, the insured shall have
Board;
been in full compliance with all of the terms of this
(m)
to liability related in any way with nuclear energy;
certificate and the provisions of applicable Florida
(n)
to liability assumed by the insured under any contract or
Statutes.
agreement;
(5)
Severability of Interest
(o)
to final judgments in which the insured has been
The term "the insured" is used severally and not
determined to have caused the harm intentionally;
collectively, but the inclusion herein of more than
(p)
to awards for injunctive, declaratory, or prospective relief
one insured shall not operate to increase the limits
rendered against an insured by any federal or state court,
of the Fund's liability.
agency or commission.
(6)
Limits of Liability
V. CONDITIONS
The limit of liability expressed as applicable to "each
A.
Premium
person" is the limit of the Fund's liability for all
Premium charges shall be assessed in accordance with
damages, including damages for care and loss of
the provisions of Chapter 284, Part 11, Florida Statutes, and
services, arising out of personal injury and property
any rules promulgated thereunder utilizing a retrospective
damage sustained by one person as a result of any
rating arrangement premium calculation method whereby
one occurrence; but the total liability of the Fund for
80% of the premium is based on losses actually incurred
all damages sustained by two or more persons as a
by the insured and 20% is based on the changes in risk
result of any one occurrence shall not exceed the
exposures (employees, etc.) of an insured. The premium
limit of liability as applicable "each occurrence".
must be paid promptly by an insured agency from its
(7)
Other Insurance
operating budget upon receiving the premium bill or
If there is insurance applicable to any claim, the
invoice.
coverage extended by this certificate shall apply only
as excess insurance over any and all other
B.
Audit
applicable insurance.
The Fund shall be permitted to examine and audit the
(8)
Terms of Coverage
insured's books and records at any time during the term of
This certificate is issued for the purpose of
this coverage and any extension thereof, and within three
confirming coverage as contemplated by Chapter
years after the final termination of this coverage, as far as
284, Part 11, Florida Statutes. In the event of any
they relate to the premium bases or the subject matter of
conflict between provisions or coverages in this
this coverage.
certificate and the provisions of any Florida Statutes
or laws including, but not limited to the aforesaid,
C.
Insured's Duties in the Event of Occurrence, Claim or
said statutes and laws shall control.
Suit
(9)
Cancellation
(1) Event of Occurrence
Failure of the Fund to receive the amount of
Written notice containing particulars sufficient to
premiums billed to the insured agency within the
identify the insured, along with reasonably
time frames allowed by law may result in
obtainable information with respect to the time, place
cancellation of the certificate of coverage.
and circumstances thereof, the names and
Payments must be made promptly from the insured's
addresses of the injured and all known witnesses,
operating budget upon receipt of the premium bill as
shall immediately be given by or for the insured to
specified in Section 284.36, Florida Statutes, and
the Fund.
lack of prompt payment will result in a request from
(2) Notice of Claim or Suit
the Fund to the Comptroller to transfer premiums
If claim is made by suit brought against the insured,
from any available funds of the delinquent agency
the insured shall immediately forward to the Fund
under the provisions of Section 284.44(7), Florida
every demand, notice, summons, or other process
Statutes.
received by him or his representative. Failure by the
insured to advise the Fund of a claim or suit prior to
D.
Self -Insurance Coverage
a settlement agreement or the insured otherwise
Coverage for defending and paying claims under this
obligating itself, shall void coverage by the Fund, for
certificate is provided under the authority of Chapter
that claim.
284, Florida Statutes, wherein the state is authorized
(3) Assistance and Cooperation of the Insured
to administer a self-insurance program. Provision of
The insured shall cooperate with the Fund and, upon
this certificate does not constitute the issuance of
the Fund's request, assist in making settlements, in
insurance other than on a self-insurance basis, and
the conduct of suits and in enforcing any right of
payment of any covered claim obligations is
contribution or indemnity against any person or
contingent upon availability of legislative funding.
organization who may be liable to the insured
because of injury or damage with respect to which
coverage is afforded under this certificate, and the
insured shall upon request, make available all
agency records pertaining to a specific claim, shall
attend hearings and trials and assist in securing and
DFS-DO-86;
Revised 11/05
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