Property-Liability Glossary
Below are terms and definitions used in either or both the LGC Property-Liability Trust FY 2010 Member Agreement or Educators’ Member Agreement.
Accident means an undesigned contingency, a happening by chance, something out of the usual course of things, unusual, fortuitous, not anticipated and not naturally to be expected, including repeated or continuous exposure to substantially the same general harmful conditions or subject matter. A series of similar or related events constitutes a single Accident.
Advertising Injury means unauthorized use of an idea or slogan of another and/or false or misleading representations in advertising.
Agreement or Member Agreement or Educators Member Agreement means (i) this Agreement, and when preceded by the word “prior,” predecessors to this Agreement to the extent maintained continuously by the Member or School Member to the beginning of the Term of this Agreement, (ii) the Summary of Amounts of Protection (as defined below) and all schedules referred to in the Summary of Amounts of Protection, and (iii) all certificates, endorsements and other schedules issued in connection with this Agreement.
Automobile or Auto means a land motor vehicle, trailer, or semi-trailer (other than fire engines or emergency vehicles) designed for travel on public roads and attached machinery or equipment that is Protected Property or is a temporary replacement for such Protected Property.
Bodily Injury means physical injury, sickness or disease, including death, mental anguish or emotional distress.
Claim means a demand (whether or not involving a lawsuit) for Damages.
Corporal Punishment means the intentional infliction of physical or emotional pain upon or the physical restraint of an individual or Student for disciplinary purposes. Corporal Punishment includes, but is not limited to, paddling, slapping, hitting, punching, striking, shaking, screaming, swearing, name calling, or any other activity that could be harmful to a person’s physical or psychological well being.
Damages means monetary relief awarded or sought as compensation for loss or injury suffered.
Earthquake means a shaking or trembling of the earth’s crust caused by underground volcanic or tectonic forces or by breaking or shifting of rock beneath the surface of the ground from natural causes, including any earth sinking, rising or shifting related to such event. All earthquake shocks that occur within any 168-hour period will constitute a single Earthquake.
Educators’ Member Agreement means the PLT agreement applicable to School Members.
Employee Benefits Program means group life insurance, group accident insurance or health insurance, retirement plans, employee stock subscription plans, workers’ compensation, unemployment benefits, Social Security, disability benefits, travel, savings or vacation plans, flexible spending accounts, profit sharing plans, tuition assistance plans, any employee benefit plan as defined in ERISA (the Employee Retirement Income Security Act of 1974, as amended) or PERA (Public Employees Retirement Act, as amended), and other similar plans, programs and benefits.
Fine Arts and Rare Property means paintings, etchings, pictures, tapestries, statuary, marbles, bronzes, antique furniture, books, maps, glass, antique silver, jewelry, and other similar items of art rarity or antiquity.
Flood means a general and temporary condition of partial or complete inundation of normally dry land areas due to (i) the overflow of inland or tidal waters, including tsunamis and tidal waves, (ii) surface water, underground water, overflow of any body of water, or their spray, whether driven by wind or not, (iii) mudslide or mudflow, (iv) release of water impounded by a dam, or (v) water which backs up through sewers, drains or sumps. All Flood loss that occurs (i) during a period of continued rising or overflowing of any river(s), stream(s) or any body of water and the subsidence of same within the banks of such river(s), stream(s) or bodies of water; or (ii) due to any tidal waves or tsunamis that occur within any 168 hour period, will constitute a single Flood Occurrence.
Local Government Center means Local Government Center, Inc., the parent of the Local Government Center Property-Liability Trust, LLC.
Member means a county, municipality, other public or quasi-municipal entity, which is both a member of the New Hampshire Municipal Association and a subscriber to this Agreement. A Member includes its public officials and employees (but only for acts within the scope of their duties as regards public officials, and acts within the scope of their employment as regards employees), and Volunteers. Scope of duties, as regards public officials, and scope of employment, as regards employees, does not include a public official and/or employee while acting under the influence of drugs or alcohol. Members are not protected by the PLT Educators’ Member Agreement. They are protected by a separate Member Agreement.
Mobile Equipment means land vehicles, whether self-propelled or not, designed for use principally off public roads and attached machinery or equipment that is Protected Property or is a temporary replacement for such Protected Property.
New Hampshire Municipal Association means New Hampshire Municipal Association, LLC, a New Hampshire limited liability company.
Occurrence means an Accident resulting in Bodily Injury, Property Damage, or Damages sustained in the Administration of an Employee Benefits Program, neither expected nor intended from the standpoint of the Member/School Member or a reasonable person standing in the position of the Member/School Member. An Occurrence shall be deemed to take place on the date of first exposure to the general harmful conditions or subject matter. An Occurrence that is continuing in nature shall be deemed one Occurrence beginning and ending on the date of first exposure regardless of the number of Terms over which the exposure occurs, and the limit of protection available on the first date of such exposure, as set forth on the applicable Summary of Amounts of Protection, shall be the limit of protection for that Occurrence.
Property Damage means physical injury to, destruction of, or loss of use of tangible property.
Protected Property means (i) such real and personal property listed together with its value on schedules on file with PLT for which a specific contribution has been paid; or (ii) real and personal property (A) of the type covered by this Agreement; (B) owned or leased by the Member/School Member; and (C) not listed on schedules on file with PLT because of good faith error, omission, mistake or misfortune of the Member/School Member, or for which a specific contribution was not paid because of good faith error, omission, mistake or misfortune of the Member/School Member.
School Bus means an Auto that has multiple seats and is designed primarily for transporting Students in connection with School Member sanctioned activities.
School Member means a school administrative unit, school district, or charter school established pursuant to RSA Chap. 194-B, which is both a member of the New Hampshire Municipal Association and a subscriber to the Educators’ Member Agreement. School Member includes its governing body, administrators, faculty, employees, student teachers, Students participating in unpaid supervised work based learning programs, and Volunteers, but only for acts within the scope of their duties and/or employment. Acting within the scope of duties and/or employment does not include any acts or conduct performed while under the influence of drugs or alcohol. School Members are not protected by the PLT Member Agreement. They are protected by a separate Educators’ Member Agreement.
Student means a person enrolled at a School Member while actively engaged in School Member sponsored activities or academic studies in fulfillment of his/her educational program.
Summary of Amounts of Protection means the written statement prepared by PLT and issued to a Member/School Member for the separate Term with respect to which an Agreement is or was issued and setting forth, including on all attachments or schedules appended to or on file with PLT and referred to in such written statement, the (i) limits of protection provided by PLT to the Member/School Member, and (ii) deductible amounts applicable to a loss.
Term of this Agreement or Term means the fiscal year beginning on July 1, and ending June 30, unless otherwise designated, for which the Member/School Member has paid contributions to PLT for the protection afforded under this Agreement.
Terrorism means activities against persons, organizations or property of any nature committed by an individual or individuals acting on behalf of any foreign person or foreign interest:
1. that involve the following or preparation for the following:
a. use or threat of force or violence; or
b. commission or threat of a dangerous act; or
c. commission or threat of an act that interferes with or disrupts an
electronic communication, information, or mechanical system; and
2. when at least one of the following applies:
a. the effect is to intimidate or coerce a government or the civilian
population or any segment thereof, or to disrupt any segment of the
economy; or
b. it appears that the intent is to intimidate or coerce a government,
or further political, ideological, religious, social or economic
objectives or to express (or express opposition to) a philosophy
or ideology.
Third Party Claim means a Claim or suit brought against a Member/School Member for Bodily Injury, Property Damage, or Damages sustained in the Administration of an Employee Benefits Program and caused by an Occurrence, or for Damages resulting from a Wrongful Act.
Volcanic Eruption means the eruption, explosion or effusion of a volcano. All Volcanic Eruptions that occur within any 168-hour period will constitute a single Volcanic Eruption.
Volunteer(s) means an individual performing services for a Member/School Member (but only within the scope of their volunteer acts) at the request of a Member/School Member and who does not receive compensation, other than reimbursement for expenses actually incurred for such services. Scope of volunteer acts does not include a Volunteer while acting under the influence of drugs or alcohol. In addition, an individual shall not be a Volunteer for these purposes who qualifies as an “employee” under any state or federal Workers’ Compensation statute or is a work release or alternative sentencing participant.
War means war, including undeclared or civil war; warlike action by a military force, including action in hindering or defending against an actual or expected attack by any government, sovereign or other authority using military personnel or other agents; or insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
Wrongful Act means any actual or alleged error, misstatement, omission, violation of any federal, state or local civil rights or breach of duty by the Member/School Member. A repeated or series of Wrongful Acts relating to substantially the same general subject matter or conditions will be treated hereunder as a single Wrongful Act.