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Property Damage Liability Form

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					                          GENERAL LIABILITY

The JIF will pay for bodily injury and property damage liability claims arising out of
municipal activities in accordance with the coverage described in the Plan of Risk
Management and Coverage Documents provided by the Fund.

Types of losses to be reported on this form:

            Trip/slip--falls (anywhere).

            Highway accidents not involving an insured vehicle (i.e., pothole
             claims, motor vehicle accidents due to weather or alleged road
             conditions).

            Improper signage/obstruction of view allegations.

            Police liability, false arrest, assault, etc.

            Police liability due to bodily injury or property damage allegedly
             caused by police activities.

            Sewer back-ups which cause damage to other than municipal owned
             property.


The purpose of this manual is to highlight the major coverages, limits, sub-limits, and
extensions as afforded through the Joint Insurance Fund. This manual is not a policy of
insurance and in no way modifies, restricts, expands or in any way changes the
coverages afforded through the JIF. For actual coverage determination, reference must
be made to applicable coverage documents.




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GENERAL LIABILITY – Reporting Instructions

     GENERAL LIABILITY REPORTING INSTRUCTIONS
                    (INCLUDING POLICE PROFESSIONAL LIABILITY)

1.     You will receive some type of notice of claim from either the claimant or
       his/her attorney. In some instances, the injured party will report the claim by
       telephone, which obviously will not contain sufficient information to meet
       New Jersey State Statute (See Section 9, Tort Claims Notice Procedures).
       However, you may take the information from the injured party and utilize the
       ACORD General Liability Loss Notice (sample attached) in reporting the
       claim to our office. Although the ACORD General Liability Loss Notice
       does not contain a sufficient amount of information to adhere to New Jersey
       Statute, we will obtain additional information once we have received the
       claim from you. The information, however, should contain the following:
              A.     Name of injured party or party by whom damages are claimed.
              B.     Address and telephone number of above party.
              C.     Social Security Number, if possible.
              D.     Date, time, and place of accident.
              E.     Brief facts about the accident.
              F.     Extent of injuries.
2.     Once you have obtained the above information, please complete the Claim
       Transmittal Form (sample attached). You will note that the Transmittal Form
       includes information as to the type of claim, which department was involved,
       the name of the claimant, the date of loss and the date you are transmitting the
       information to us. Also indicate whether this is a new claim or additional
       information on an existing claim being forwarded to us.
3.     Once we have received this information, we will assign an adjuster and an
       Acknowledgment Letter will be sent back to you. The Acknowledgment will
       identify the adjuster assigned and our claim number, which you will use when
       transmitting additional documents or information to us (see attached sample).
4.     It is important that you forward any official reports that your police, fire or
       other departments may have completed with reference to the incident. Do
       not hold up the claim until the official reports are completed by the individual
       department, but forward them to us once they are completed and received in
       your office.
Refer all correspondence, telephone calls and inquires from claimants and their attorneys
                   to a Scibal Associates claims adjuster for handling.
GENERAL LIABILITY – Helpful Hints



                               HELPFUL HINTS



These are some helpful hints that will assist you in processing your General Liability
claims.

                    Be sure to keep a copy of all information sent to Scibal.

                    If attorney letter is first notice of claim you receive follow the
                     Tort Claims Notice Procedures in Section IX . Then fill in the
                     ACORD form with as much information as you know about the
                     loss. Attach a copy of the attorney letter to the ACORD Notice
                     and immediately fax or mail to Scibal.
GENERAL LIABILITY – Common Errors



                           COMMON ERRORS


These are some common errors made when reporting General Liability losses.



                   No date of loss on the forms.

                   Using the wrong form.

                   Leaving blank the information on the contact person or putting
                    the incorrect person's name in that blank.

                   No description of the loss.

                   Leaving the address and phone number of the claimant blank.

                   Leaving the injuries or damage information blank.
GENERAL LIABILITY – Sample Claim Transmittal Form



                   CLAIM TRANSMITTAL FORM
              TO:                                Scibal Associates, Inc.
                                                 P.O. Box 500
                                                 Somers Point, NJ 08244-0500
              PHONE:                             609-653-8400
              FAX:                               609-926-9270

              FROM:                              Claims Coordinator
                                                 Borough of Sunnytowne

              PHONE:                             609-555-1234
              FAX:                               609-555-5678
              TODAY’S DATE:                      6/30/02
This is a:             New Claim
                       Additional Information on Existing Claim

                                       Claim Number, if known
Date of Loss: 6/22/02
Claimant Name: Borough of Sunnytowne
Claim Type:    Auto Liability                                   Auto Physical Damage
                       General Liability                        Property
                       Workers’ Compensation
              Department:                                       NCCI Code:
                   Street Maintenance                                  5509
                    Water Department                                    7520
                    Electric Department                                 7539
                    Sewage Disposal                                     7580
                    Paid Fire Department                                7711
                    Paid First Sid/Rescue Squad                         7715
                    Police                                              7720
                    Crossing Guards                                     7727
                    Off Duty Police                                     7728
                    Clerical                                            8810
                    Library                                             8838
                    Buildings Department                                9015
                    Lifeguards                                          9053
                    Parks Department                                    9102
                    Street Cleaning                                     9402
                    Garbage Collection                                  9403
                    Municipal Employees NOC                             9410
                    Volunteer First Aid/Rescue Squad                    9420
                    Volunteer Firefighter                               9430

Always complete this form whenever transmitting claim information to Scibal Associates
GENERAL LIABILITY – Sample Claim Transmittal Form



                   CLAIM TRANSMITTAL FORM
              TO:                                Scibal Associates, Inc.
                                                 P.O. Box 500
                                                 Somers Point, NJ 08244-0500
              PHONE:                             609-653-8400
              FAX:                               609-926-9270

              FROM:                              Claims Coordinator
                                                 Borough of Sunnytowne

              PHONE:                             609-555-1234
              FAX:                               609-555-5678
              TODAY’S DATE:                      8/3/02
This is a:             New Claim
                       Additional Information on Existing Claim

                                       Claim Number, if known
Date of Loss: 7/1/02
Claimant Name: Borough of Sunnytowne
Claim Type:    Auto Liability                                   Auto Physical Damage
                       General Liability                        Property
                       Workers’ Compensation
              Department:                                       NCCI Code:
                   Street Maintenance                                  5509
                    Water Department                                    7520
                    Electric Department                                 7539
                    Sewage Disposal                                     7580
                    Paid Fire Department                                7711
                    Paid First Sid/Rescue Squad                         7715
                    Police                                              7720
                    Crossing Guards                                     7727
                    Off Duty Police                                     7728
                    Clerical                                            8810
                    Library                                             8838
                    Buildings Department                                9015
                    Lifeguards                                          9053
                    Parks Department                                    9102
                    Street Cleaning                                     9402
                    Garbage Collection                                  9403
                    Municipal Employees NOC                             9410
                    Volunteer First Aid/Rescue Squad                    9420
                    Volunteer Firefighter                               9430

Always complete this form whenever transmitting claim information to Scibal Associates
GENERAL LIABILITY



                           JOHN J. JUSTICE, JR.
                           COUNSELOR AT LAW
                       A PROFESSIONAL CORPORATION
                            666 COUTHOUSE ROW
                           SUNNYTOWNE, NJ 08000
                                TELEPHONE: (609) 555-1234
                                 FACSIMILE: (609 555-4321




                                                                             July 30, 2002


Borough of Sunnytowne                            Certified - Return Receipt Requested
123 State Street
Sunnytowne, NJ 08000

Attention: Borough Clerk

Re:    Betty Smith v. Borough of Sunnytowne
       Date of Loss: July 1, 2002
       Place of Accident: Sunnytowne Borough - Municipal Boardwalk

Dear Sir/Madame:

Please be advised that as a result of the above stated accident, my client has suffered
damages. These damages arise as a result of negligent maintenance of the Municipal
Boardwalk.

Kindly forward this letter to your liability insurance carriers and have them contact me
immediately. If you are not insured, you or your attorney should contact this office
regarding resolution of this matter.

Very truly yours,



John J. Justice, Jr.

JJJ/dew
GENERAL LIABILITY




         HIGHWAY ACCIDENT INVESTIGATIONS

Even the best designed roads cannot prevent all accidents. Human error inevitably leads
to accidents, especially when automobile traffic is concerned. Your municipality should
have an established protocol when a serious automobile accident takes place on roadways
and streets for which you are responsible. A separate standard accident investigation
protocol should be used when the accident involves one of your vehicles.
This accident investigation protocol should include the following for any automobile
accident involving an intersectional collision or serious injuries:
       Have a police accident investigator take pictures not just of the accident scene,
           but wide-angle pictures of the approaches to the intersection, from a minimum
           of a block away from each direction. Try to show in the picture what the
           drivers saw as they approached.
       If available to your community, use a hi-lift or cherry picker to take bird’s eye
           views of complex intersections or accident scenes.
       Have a checklist for the police investigator to follow in taking the pictures. All
           pictures should be taken within the context of the scene, at the time of the
           accident. Conditions of guardrails, cycles of the traffic signals, lines of sight,
           condition of signage and landscaping features should be on the checklist.
       Identify all witnesses and obtain detailed statements as soon as possible. If any
           witness indicates that a road defect was involved, secure your own records on
           such items as traffic counts, traffic surveys, trouble calls, repair orders and
           other internal information that will help establish the true condition of the road
           at the time of the accident.
       Notify your claim or insurance investigator as soon as possible if any accident
           caused death, head injuries, loss of use of any limb or bodily function or other
           serious bodily injury.
       Develop a way to maintain your records accurately for an appropriate period.
           New Jersey has guidelines dictating how long you must maintain records.
           Review these guidelines with your legal counsel to ensure that your record-
           keeping procedures are adequate. Any records that are, or might be, involved
           in litigation should be maintained until the case has exhausted all of its appeals.
            Cases involving minors should be held until the minors reach their age of
           majority (18), plus the statute of limitations period (2 years) once they reach
           their age of majority.
GENERAL LIABILITY – Accident Investigations




                       INCIDENT INVESTIGATIONS

                           (Other than Workers Compensation)

Accidents don’t just happen; they are caused. After incidents or accidents involving
employees, injuries or property damage, someone in authority should investigate to
determine what happened. All accidents, including those occurring to volunteers or
citizens, should be investigated by the supervisor responsible for the area in which
the incident occurred. “Near misses” are accidents also, and even if they do not
cause injury or damage, they should be investigated as thoroughly as an accident
that results in injury or property damage. We have developed a Supervisor’s
Incident Investigation Report form that you can use to investigate accidents. Attach
a copy to your Scibal claims transmittal and forward copies to your Safety
Coordinator and the JIF Safety Director (Commerce National Risk Control
Services). The Incident Investigation Report can be reproduced in your office or
additional supplies can be ordered from the Fund Administrator, the Fund Safety
Director, or the Claims Administrator.

Remember:       The purpose of investigating accidents is not to
determine who was at fault, but to determine the cause so that
similar accidents can be prevented in the future.
When an employee is involved in an accident or causes any damage, the supervisor
or someone in authority should make a detailed report about the incident and should
document what happened. Too often, supervisors and managers focus on a
symptom of the problem, such as frequent accidents or employee injuries, when the
actual problem may be a failure to perform proper inspections for hazards, supervise
employees, provide proper instructions and training, or enforce work rules.

Investigations provide:
    Documentation that can be used in analyzing whether claims are justified.
GENERAL LIABILITY – Accident Investigations



    A basis for understanding what causes an incident--whether or not
     a loss occurred.
    Clues to determine what the actual problem is.
    Formation of actions that can be take to address the problem.
    Information on incidents and losses that help identify trends and
     potential losses.

After acquiring necessary medical aid for injured persons, supervisors should follow
these steps for investigating accidents:
    If possible, ask the person or persons involved to describe what happened.
     Do not fix blame or find fault; just get the facts.
    Survey the accident scene for information. Collect any objects that might
     have contributed to the accident.
    Determine if there were any witnesses to the accident and get their accounts
     of the incident.
    Take whatever steps are necessary to prevent recurrences until the condition
     can be permanently corrected.
    Complete an Incident Investigation Form.
    If the police were called, attach a copy of the police report to the Incident
     Investigation Form. This is most common for vehicle accidents.


Most accidents occur because of a combination of an unsafe act and an unsafe
physical condition. Look for both, and then draw a conclusion as to why the unsafe
act was committed or why the condition existed.

Once an accident occurs, immediate action must be taken to prevent a recurrence.
Indicate what needs to be done and who is going to do it.

				
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