All automobile memorandums of coverage issued with an effective date of January 1, 2012 or later will be issued with a uninsured and underinsured motorist coverage limit of liability of $100,000 per person and $300,000 per occurrence. The $250,000 per person and $500,000 per occurrence limit of liability currently provided will no longer be available.

This decision was made upon review of increasingly costly claims expense because of accidents involving uninsured and underinsured motorists and thoughtful review of this coverage as it applies to the NDIRF membership. This change will lessen our member’s automobile liability coverage costs without appreciably limiting an injured party’s access to recovery for injury caused by an uninsured or underinsured motorist.

If our members’ employees are injured by another party in an auto accident they have recourse for the injury from the party causing the injury, applicable workers compensation, the NDIRF uninsured/underinsured and the injured employee’s personal auto policy’s uninsured/underinsured motorist coverage. Other passengers injured have recourse from the party causing the injury, the NDIRF uninsured/underinsured motorist coverage and their personal auto policy underinsured/underinsured motorist coverage. It is in each individual’s personal interest to obtain adequate uninsured/underinsured motorist liability limits under their personal automobile insurance policy to provide for their and their family’s needs from injury caused by an uninsured or underinsured motorist.

If there is any question on this change in the availability of uninsured/uninsured motorist limits of liability please contact ross.warner@ndirf.com at the NDIRF office.

Playground Flood Cleanup

There will be much to do once we begin the cleanup of our communities. Our playgrounds are no exception. Research on the issue provides the following expert information and practical solutions for playground flood cleanup.

Floodwaters are full of disease causing microorganisms. As soon as the floodwaters have receded, children will want to play on the equipment. Proactive efforts need to be made to prevent this access until cleanup efforts have been completed. Some of these microorganisms will linger after the waters have receded. They can reside in, on, and under the playground equipment. Fortunately, many of these are destroyed by simple exposure to the U.V. radiation in the sunlight. However, some microorganisms will require a bit more effort to render them harmless.

First, make sure employees and volunteers are up to date on immunizations; especially tetanus. Wear protective goggles, rubber boots and gloves when working in polluted areas. Mold can appear in as little as 48 hours. Assume that mold is present and wear an appropriate respirator not just a dust mask. Mold if inhaled, can be extremely obstinate to treatment and can cause lingering or devastating health effects.

Your objective here will be to try to disinfect whatever has been in contact with floodwaters. This is best accomplished with steam or chemical disinfectants. A portable steam cleaner might accomplish the job but; many entities do not have one of these at their disposal. Also, there are no residual killing effects using steam. Although there are several chemicals that will destroy pathogens, the most common one used for such tasks is bleach (sodium hypochlorite). Be sure to read the precautions on the bottle prior to use. The concentration of bleach is 1 cup to 1 gallon of water. Do not use hot water as this will reduce the efficacy of the chlorine. It is recommend that you pressure wash all equipment prior to beginning the disinfecting process. Start at the top and work your way down. That way, the contaminated water flows downward and you don’t contaminate what has already been disinfected. When using a pressure washer or a steamer, be careful around soft parts such as seals, washers, and bushings. Most of these were probably not designed to withstand high-pressure water, high heat, and/or a strong disinfectant. You may need to replace these parts or, at a minimum, lubricate them once they are dry. Try to contain the spilled water in one area. It will have an immediate detrimental effect on vegetation. For the bleach/water solution to disinfect, it should sit on the surface for at least 10 minutes. Obviously, on vertical surfaces this will be difficult to accomplish. That is one reason why the bleach/water solution is slightly stronger than what would be considered a normal bleach water disinfection solution. Consider applying the bleach/water solution close to sundown, as exposure to sunlight degrades the effectiveness of chlorine. Do not forget about the underside of equipment and surfaces. Do not mix more solution than you can use in one day.

The surfacing material in place under your equipment is a little trickier. If you have rubber matting or poured in place resilient surfacing, simply saturate and let it sit. Loose-fill materials such as pea-gravel, sand, and rubber mulch could be washed and disinfected. The difficulty is that the washing/disinfecting process must be thorough. Any wood surfacing products cannot be guaranteed to be disinfected as they are too porous. They should be removed and replaced.

Everything that was exposed to floodwaters should receive disinfection treatment. Other items that you may have in your park to treat include:
- Restrooms
- Maintenance sheds
- Horseshoe pits
- Picnic tables
- Benches
- Statues and monuments
- Utility boxes (contact the owner if they do not belong to your entity)
- Volleyball courts and netting
- Basketball or tennis courts and netting
- Grills and fire pits
- Signs and signposts
- Water fountains and spigots
- Shelters

Cut the grass short to promote evaporation. Standing water promotes the breeding of mosquitoes. Consider spraying as soon as practical. There will be many downed tree limbs and many trees will die and have to be removed. These should not be available to the public through chipping, mulch, or firewood. They should be burned. As always, thoroughly document your efforts. If there are any questions, please contact Doug Griffin at our NDIRF office.

2011 Confirmation of Coverage

Confirmation of Coverage (Certificate of Insurance) Issuance By Agents Of NDIRF Members

In the past, we have requested that agents forward Certificate of Insurance requests to our office and we issued a Confirmation of Coverage. With the advent of the ACORD 25 (2010/05) Certificate of Liability Insurance, we no longer feel the necessity of our office issuing all NDIRF member Confirmations of Coverage.

If additional insured status is not being requested of our member, please feel free to issue ACORD 25 (2010/05) Certificate of Liability Insurance to any party requesting such certificate from our NDIRF member. Provide a copy of the certificate to our office by fax (701-224-0609), email (judy.vollmers@ndirf.com) or by snail mail. This procedure will allow you to rapidly respond to your insured’s requests.

If additional insured status is part of an agreement, your office can still issue the Certificate of Liability Insurance. Forward the Certificate of Liability Insurance to our office along with a copy of the agreement that details the extent of the requested additional insured status. This will allow our underwriters to properly price the added exposure and appropriately endorse the member’s coverage.

We hope this change in our procedure will be beneficial to your agency in providing an enhanced level of service to your insured.

If there are any questions on this procedure please contact Elaine Markwart, Brenda Flesness or Ross Warner at our NDIRF office.

General Liability and Automobile Memorandum of Coverage Changes Effective January 1, 2011.

The NDIRF has received approval for coverage enhancements to its General Liability and Automobile Memorandums of Coverage. All changes will be found in the memorandum of coverage issued for 2011 renewals. In addition, the changes will apply to all NDIRF members’ current coverage on January 1, 2011.

Following is a synopsis of the coverage enhancements:

General Liability Memorandum of Coverage
• Pollution coverage limit is increased from $100,000 to $250,000.
• Coverage is provided for defense of petitions to the Disciplinary Board of the North Dakota Supreme Court. This coverage is afforded to elected or appointed attorneys and judges for petitions resulting from duties for our member. Coverage is limited to $50,000 for all petitions filed during the memorandum period.

Automobile Memorandum of Coverage
• Pollution coverage limit is increased from $100,000 to $250,000.
• Physical damage coverage is provided for up to 90 days on newly acquired autos.
• Towing and Labor coverage is increased to $1,000 for autos other than private passenger autos. Private passenger autos remain at $250.
• For autos that carry physical damage coverage, rental reimbursement coverage is changed to $50 per day, $1,500 maximum for private passenger autos; $250 per day, $7,500 maximum for emergency vehicles (Police vehicles, fire fighting vehicles, or ambulances); and $150 per day, $4,500 maximum for all other vehicles. Coverage is provided only if our member does not have additional vehicles available to accomplish its operational requirements.
• Only one deductible (the largest) will apply to all autos damaged in a single occurrence or accident.
• Uninsured and Underinsured Motorist Coverage wording is modified to more follow current North Dakota Statute. No change in the coverage is intended.

Please contact your local agent with any questions you have.

We are pleased to be able to expand the coverage provided to our membership. This is a synopsis of the changes. Review your 2011 renewal coverage forms for the specific coverage wording.

A number of our City members have asked if the NDIRF had any educational information that could be provided to their citizens on the topic of liability for damage to property from a sewer backup. To assist in this educational effort, the flier shown below is provided for your use. The flier is fairly self explanatory although there may be questions. Information on the limits, cost and availability of endorsements to homeowners or business insurance is best provided by a local insurance agent. Questions on the NDIRF’s handling of possible claims can be directed to Ross Warner in the NDIRF office by Email or by phone at 1-800-421-1988 or local 224-1988. 

This flier is also available by clicking here.  

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(Sewer Backup Flier to insert with water bills)

When There Is a Sewer Backup

Your city employees work diligently to ensure the city’s sewer lines are free flowing. Yet there are instances when debris becomes lodged in a sewer line creating blockage that results in a backup. When the city is notified a sewer line is blocked they respond as rapidly as possible. If, however, there is a backup into your premises it does not mean the city is liable for any resultant damage or clean up costs. 

In most instances of a sewer backup, there is no liability on the part of the city. Fortunately, the insurance industry has endorsements to your homeowner’s or business insurance that will provide for cleanup costs and damage to your premises or personal property caused by a sewer backup. If you currently do not have this coverage, contact your insurance agent. In the case of homeowners insurance, limits of coverage available for cleanup and damaged property range from $2,000 to $25,000. Businesses may find higher limits of coverage available. 
  
To ensure funds are available for cleanup and repair of a sewer backup contact your insurance agent.  

A number of changes have been made to the NDIRF Liability Memorandum of Coverage. These changes are effective on Liability Memorandums of Coverage with an effective date on or after November 1, 2008. 

The changes are: 
  
1. A number of typographical corrections were made. These will not be itemized here. There was no change in coverage intent with these corrections.   

2. On page 6 of 15 under J.3. b. “or property of emergency services organizations” was included to better communicate the intent of the coverage provided for property of others taken for use in an emergency situation.   

3. Four new definitions were added. They include definition for Employee, Leased Worker, Temporary Worker, and Volunteer. These definitions are included to stay abreast of current insurance industry coverage forms.   

If you have any questions on these changes contact Elaine Markwart or Ross Warner at the NDIRF office. 

The NDIRF has filed for and received approval for a number of coverage changes that greatly enhance our current coverage. These changes take effect immediately on all in force Memorandums of Coverage. The changes are:

Liability Memorandum:

1. Coverage for damage to property taken for use in an emergency situation is enhanced. Coverage is included for damage to property being operated by others under the management of emergency personnel.

2. Medical payments coverage is afforded for injury of emergency personnel responding to an emergency. Coverage is excess of collectible health insurance, workforce safety and insurance, accident insurance or similar coverage or insurance. The intent of coverage is to pick up applicable deductibles or co-payments.

3. Pollution coverage is increased to $100,000 from $25,000.

Automobile Memorandum:

1. The reporting period during which physical damage coverage applies to newly acquired vehicles is increased to 60 days from 30 days.

2. Auto liability coverage is provided on an excess basis for employees, officials, and volunteers when using their personal vehicles while acting on a member’s behalf. Coverage does not apply if the employee, official, or volunteer does not have auto insurance that meets the North Dakota Financial Responsibility Requirements.

3. Pollution coverage is increased to $100,000 from $25,000.

4. Coverage for physical damage to emergency personnel’s personal vehicles while responding to an emergency is increased to $5,000 from $2,500.

5. Coverage is broadened for personal property in law enforcement vehicles, fire fighting vehicles, and ambulances. Coverage is provided for the normal complement of equipment or property, installed or portable, that is consistent with such operations. A few items (see memorandum for details) are not covered under this broadening of coverage. Physical damage coverage must be provides on the vehicle for this coverage to apply. Review the Auto Memorandum of Coverage to determine those personal property items that must be covered elsewhere.

6. Stated Amount Coverage – Values will increase 1% per quarter for a loss and 4% at coverage renewal.

Public Assets – Mobile Equipment and Portable Property Coverage:

1. The coverage provided for personal property (excluding autos) of individual emergency personnel while responding to an emergency is increased to $10,000 from $500.

This is a synopsis of the coverage changes. Review the actual coverage provided by the coverage forms on the NDIRF web site at www.ndirf.com. If you have questions on these changes contact Ross Warner, Elaine Markwart on Liability Memorandum Changes, or Brenda Flesness on Auto and Public Assets Memorandums.

The NDIRF has received approval for the following changes to our Automobile and Liability Memorandums of Coverage. The effective dates for these changes are September 1, 2006 for the Auto Memorandum of Coverage and October 1, 2006 for the Liability Memorandum of Coverage. The changes are:

1. The Automobile Memorandum of Coverage has been modified to include $2,000 coverage for damage to property in a covered party’s care, custody, or control. For coverage to apply the covered party must be legally liable for the damage. To review the entire change, including limitations, see page 6 of 26 in the Automobile Memorandum of Coverage.

The Automobile Memorandum of Coverage is available on the NDIRF web site. www.ndirf.com.

2. The Liability Memorandum of Coverage has been modified to:

o Modify the coverage provided for liability assumed under contract. We have incorporated wording similar to that found in standard insurance industry general liability policies to limit coverage assumed under contract to the defined insured contracts. Review pages 4 of 15 and 11 of 15 of our Liability Memorandum of Coverage for the scope of this coverage modification; and

o To add exclusions for damage to Your Work and Your Product. These exclusions are similar to those in insurance industry liability policies. These exclusions and attendant definitions of terms are found on pages 6 of 15, 14 of 15 and 15 of 15 of our Liability Memorandum of Coverage.

This Liability Memorandum of Coverage is also available on the NDIRF web site. www.ndirf.com.

These liability coverage modifications are necessitated as a result of our members’ increased assumption of the liability of others and increased requests for a wide range of other individuals and entities to be added as an additional covered party.

If you have any questions on this information, contact Elaine Markwart (Liability), Brenda Flesness (Automobile), or Ross Warner in our office. 

The NDIRF has filed a number of coverage changes with an effective date of January 1, 2005. To review the coverage forms see the NDIRF web site www.ndirf.com. The following is a synopsis of the changes:

General Liability Memorandum of Coverage:

• The memorandum name is changed to Liability Memorandum of Coverage.
• Errors and Omissions Liability name is changed to “Governance Liability.” The definition of the coverage remains the same.
• Two exclusions that are currently added by endorsement are incorporated in the coverage form. Exclusion D.2. excludes liability of the state assumed under contract. Exclusion AA. excludes liability for securities sale and promotion activities.
• An added definition of “suit” provided coverage for complaints filed with the United States Equal Employment Opportunity Commission (EEOC) or the North Dakota Department of Labor alleging discrimination or harassment. This is a coverage expansion.

Automobile Memorandum of Coverage:

• Towing coverage is amended to indicate that recovery and towing or transportation costs are included in addition to the physical damage loss.
• Equipment included for coverage under law enforcement vehicles is amended to include installed cameras.
• Equipment included for coverage under ambulances, medical equipment and supplies are limited to $500 per item. This limitation does not apply to the normal complement of other listed items.

Inland Marine Memorandum of Coverage:

• The memorandum name is changed to Public Assets Memorandum of Coverage.
• Personal property and equipment coverage form is changed to Mobile Equipment and Portable Property Coverage Form. Under the coverage form towing and debris removal coverage is defined (20% of value or $10,000 whichever is less). Rental reimbursement coverage is added and limited to 5% of coverage for the equipment or $10,000 whichever is less.
• Electronic Data Processing Coverage Form name is changed to Computers and Computerized Equipment Coverage Form.

Any coverage expansion provided by the above changes will apply on January 1st to all NDIRF members’ coverage.

If there are any questions on these changes, contact Ross Warner at 1-800-421-1988 WATS or 224-1988 local.

In an attempt to continually provide for our members coverage needs, the NDIRF has made a number of changes and additions to its current General Liability and Automobile coverage. These changes are made at no added coverage cost to our members

General Liability:

• Coverage for damage to personal property in a members care, custody or control is increased from $1000 to $2000.
• NEW coverage is provided for damage to premises in a members care, custody or control as long as the premises is controlled for less than 5 consecutive days. Coverage is limited to $2,000.

Automobile:

• Coverage for damage to emergency personnel¡¦s personal vehicle while responding to an emergency is increased from $500 to $2500.
• Towing and on site labor coverage is increased from $50 to $250.
• Coverage for transportation expense because of the theft of a private passenger type auto is increased to $50 per day to a maximum of $1000.

These changes are effective on all general liability and automobile memorandums of coverage issued September 1, 2003. On September 1st these coverage changes will apply to all in force memorandums of coverage.

Along with the coverage changes outlined above a number of editorial changes and typographic corrections were made to the coverage forms.

The National Highway Transportation Safety Association (NHTSA) recently issued a second rollover warning to users of 15 passenger vans. We have received a large number of calls regarding this warning.

These vehicles fill the gap between a regular sized automobile and a standard bus and reduce costs of operation for our members. An additional benefit is a driver is not required to have a bus license.

Federal law prohibits the sale or lease of NEW vans that can carry more than 10 passengers for transporting school-aged children unless they are equipped as a school bus. Federal regulations do not prohibit schools from owning and operating used 15 passenger vans.

Risk management measures to implement if you operate a 15 passenger van to reduce the possibility of a rollover.

• Use experienced drivers.  Handling differs greatly when these vehicles are loaded.
• Provide driver’s training for operators. *
• Practice operating the vehicle fully loaded.
• Never drive when tired or impaired.  Take a break!
• Know what to do if the vehicle leaves the roadway.
• Reduce speed slowly.
• Turn back gradually onto the roadway when it is safe to do so.
• Load passengers from front to rear.  Never exceed 15 passengers. Consider a maximum of 10 passengers.
• Require use of safety belts. 80% of the fatalities in these vehicles were not belted.
• Never operate a cellular phone while driving.
• Do not pull trailers or use roof racks.
• Make sure tires are properly inflated.
• Make sure the shocks are in good condition.

The automobile coverage provided by the NDIRF DOES NOT EXCLUDE COVERAGE for the operation of 15-passenger vans.

* The ND State Department of Transportation has information on how to set up your own driving course.

Three filings have been approved for use effective July 1, 2000. All coverage enhancements are provided at no additional cost. The coverage will be effective on July 1st for all currently written Memorandums of Coverage. Following is an explanation of the filings and their effect on current NDIRF coverage:

Electronic Data Processing Coverage Form:

A number of changes and expansions of coverage are provided under this form. They include:

• Coverage will not be provided for unused or obsolete equipment if the equipment is written on a blanket basis.
• Accidental discharge of a fire suppression system coverage is added.
• Limited coverage of duplicate media is provided
• Electrical disturbance coverage is expanded to cover all external electrical disturbance damage if the equipment is protected by a surge suppressor.
• Damage by a "virus" is covered if anti-virus programming is installed.

These changes greatly enhance the NDIRF Electronic Data Processing Equipment Coverage.

General Liability Pollution

A $25,000 coverage limit is provided for sudden and accidental pollution under the General Liability Memorandum of Coverage. Included in the $25,000 limit of liability are all damages, clean up costs, and defense. No coverage is provided for the handling, processing, storage, etc. of waste.

Automobile Pollution Coverage

A $25,000 coverage limit is provided for sudden and accidental pollution under the Automobile Memorandum of Coverage. Included in the $25,000 limit of liability are all damages, clean up costs, and defense. No coverage is provided for the handling, processing, storage, etc. of waste.

If you have any questions on this information contact Ross Warner, Elaine Markwart, or Brenda Flesness.

We receive numerous requests for a NDIRF member to add the State of North Dakota as an additional insured and to include a waiver of subrogation in favor of the State. This is not a problem for the NDIRF when we know the extent of the exposures to be covered.

The State's additional insured requirements are generally broader than those afforded by ISO's standardized additional insured endorsements. In many cases the State requires that it be an additional insured for liability incurred through its own actions, not just liability incurred through the actions of the NDIRF member.

Our goal is to never expose our members to unwarranted liability or you, as the agent, to an errors and omissions claim. This can be accomplished only if we receive a copy of the agreement between our member and the State prior to issuing any additional covered party endorsement. The agreement is necessary to ensure we provide coverage to the extent required. Therefore, to protect the NDIRF member and you as the agent, from unwarranted liability, we will no longer issue additional insured endorsements without being provided a complete copy of the pertinent agreement.

As you are aware, a Certificate of Insurance or our Confirmation of Coverage does not provide any coverage to the holder. The applicable insurance policy or NDIRF Memorandum of Coverage must be endorsed for coverage to apply. Therefore, we will no longer issue a Confirmation of Coverage to the State that includes, in the description of operations, wording to the effect that the State is an additional covered party or provided a waiver of subrogation until we receive a copy of the agreement. We feel such wording in our Confirmation of Coverage misleads the State into believing it is afforded coverage. We will only issue a Confirmation of Coverage that indicates a member's current coverage without receiving a copy of an agreement.

When your agency receives a State additional insured status request, send the request to us ASAP. If a copy of the relevant agreement (the entire agreement, not just the additional insured and indemnification sections) does not accompany the additional insured request, advise the member that a copy of the agreement is essential to fulfill the additional insured request. Inform the member that without a copy of the agreement, we will only issue a Confirmation of Coverage indicating the member's current coverage.

I hope no difficulties arise in receiving a complete copy of agreements. If they do, advise the NDIRF member additional insured status cannot be provided without a copy of the agreement. Make it clear to the member that we cannot expose the Fund to liability without understanding the extent of the exposures presented. This procedure is necessary to protect the member, your agency, and the NDIRF from unwarranted liability.

Thank you for your assistance in this matter. If you have any questions contact Ross Warner, Risk Services Manager.

High water creates numerous road problems this time of year. A major concern is what to do with roads that are periodically covered with water. The questions that need to be answered are:

• When should the road be closed?
• Where should the signing be located?
• How long is the signing to remain in place?

Roads should be closed when it has been determined that the road is no longer safe to use. This condition can be created by excessive water covering the road, washouts on the side of the road, damage caused to bridges or culverts, or any other reason that makes this road unsafe for travel. Monitor conditions very closely so the road can be closed when necessary and before conditions cause an accident.

Close roads at the intersection (township road, driveway, field access approach, etc.) closest to the area of damage or water covering the road. This gives local citizens the use of as much of the road as possible and allows for an alternate road to be taken to get around the closed section.

Proper traffic signs and barricades are the most important part of closing a road. All signing and barricades should be in compliance with the Manual on Uniform Traffic Control Devices (MUTCD). Place “ROAD CLOSED AHEAD” signs at the intersection of the closed road and a main intersecting roadway (highway, county road, etc). These signs can also indicate the total mileage to the closed road. Install a series of “DETOUR” signs to designate the recommended alternate route to bypass the closed road. At the intersection nearest the closed area, barricades should be installed all the way across the road to prohibit any traffic from driving around the barricades. A “ROAD CLOSED” sign must also be used with these barricades.

Remove all signing once the road is opened. Remember, at no time are “ROAD CLOSED” signs to be used if the road is not completely closed. We have seen these signs permanently installed, on the side of the road, in areas where the road is not closed. Such continuous signing may create an increased liability exposure. Drivers learn that the road is open, ignore the signing, and proceed as if nothing is wrong. However, something may be wrong – the road may actually be impassable again, which can lead to serious injuries. At this time of year, ice cold water and swift currents add to the danger.

Help protect your families, friends, and neighbors by using proper signs, barricades, and other traffic control devices on all of your roads. If you have any questions on this information, contact Mark Verke or Doug Griffin at the North Dakota Insurance Reserve Fund, or 1-800-421-1988 or 224-1988.

Numerous rate changes to our lines of coverage have been filed and approved, effective October 1, 1999. Township rate changes are effective January 1, 2000. The intent of the rate changes is to keep our lines of coverage, by member type, at a sixty percent loss ratio. Some rates increase significantly while others decrease significantly. The effect on an individual member’s costs can vary greatly depending on the mix of coverage purchased. The net effect of all rate changes is a contribution reduction of 0.16%.

On average, the effect by member type, when a broad range of liability and automobile coverage is purchased, will be within the following range:

• Cities - 6.54% reduction
• Counties - 4.27% increase
• Schools - 18.88% increase
• Fire Districts - 25.67% reduction
• Townships - 15.91% increase
• Other Entities - 17.46% reduction

This information is being provided to you as agents so that you are prepared to answer any questions a NDIRF member may have.

If there are any questions regarding these rate changes contact Ross Warner, Risk Services Manager, at 1-800-421-1988 (wats), 224-1988 (local), e-mail Ross.

The NDIRF has filed a Securities Exclusion, form # GL 40 05 01 2000, with the Insurance Department. It will be included on all General Liability Memorandums of Coverage that are issued effective January 1, 2000, and later. This endorsement is necessitated by the finding that NDIRF members or additional covered parties are being solicited to become involved in “Joint Municipal Private Securities Offerings” or similar offerings. NDIRF’s coverage costs do not anticipate the sale or promotion of private securities. Therefore, excluding these activities was necessary.

Coverage for these activities will be determined on a case by case basis.

The text of the exclusion is below.

This memorandum of coverage is modified by the following:

SECURITIES EXCLUSION

Coverage does not apply to liability arising from the failure or alleged failure to comply with provisions of:

1. The Securities Act of 1933,
2. The Securities Exchange Act of 1934,
3. The Private Securities Litigation Reform Act of 1995, or
4. Any state securities statute or regulation.

If there are any questions or comments on this exclusion contact Ross Warner at 1-800-421-1988, 224-1988, or e-mail Ross.

The National Highway Traffic Safety Administration (NHTSA) published a Vehicle Advisory for Law Enforcement Agencies on April 1, 1999, for Ford Police Vehicle Users. We feel this is important information and are reprinting the advisory here.

NHTSA VEHICLE ADVISORY FOR LAW ENFORCEMENT AGENCIES – APRIL 1, 1999

Spec: Ford Police Vehicle Users

A number of police fleets have had their Ford Vehicles – Crown Victorias, Econolines, etc. – modified to flash the brake lights whenever the police lights are turned on. In some cases this modification may disable the brake shift-lock in Ford Models – the Chevrolet Caprice does not appear to be affected. The shift-lock prevents shifting the vehicle’s automatic transmission out of “Park” unless the brake pedal is simultaneously pressed. On December 4, 1998, two persons were killed and nine injured when a 1997 Ford Econoline van suddenly accelerated into a crowd of people. The crash occurred when the driver inadvertently pressed the accelerator instead of the brake pedal and shifted from “Park” to “Drive.” The van was equipped with police lights and had been modified so the shift-lock did not operate at that time.

If your vehicle’s brake lights do not flash when the police lights are on and the brake light circuit has been modified, your shift-lock operation should not be affected.

To assure that your vehicle’s shift locks are not affected, perform the following tests:

First confirm the shift-lock is operating properly with the police lights OFF by performing the following procedure:

1. With the engine running, parking brake firmly set, transmission in “Park,” and the police lights off; attempt to shift out of “Park” without pressing the brake pedal. You should not be able to shift the transmission. If the transmission can be shifted, have the vehicle inspected for a faulty shift-lock system.

If the previous test confirms the shift-lock is operating properly with the police lights off, then test the shift-lock’s performance with the police lights ON as follows:

1. With the engine running, parking brake firmly set, transmission in “Park,” and the police lights on; attempt to shift out of “Park” without pressing the brake pedal. Try this test a number of times to ensure accurate results.
2. Repeat this test in each of the possible police lighting modes on that vehicle.
3. Be careful when conducting these tests – the vehicle may move suddenly.

If the transmission cannot be shifted out of “Park” without pressing the brake pedal, your vehicle is equipped with a functioning shift-lock device. However, if the transmission can be shifted out of “Park” without pressing the brake pedal when the police lights are on, your vehicle has been modified so that it does not operate as intended by Ford, and could present a safety risk.

Crown Victoria police vehicle owners’ manuals include the following warning from Ford:

“AFTERMARKET EQUIPMENT INSTALLATION”

DO NOT make electrical connections to vehicle electrical systems not specifically designed for aftermarket equipment installations.

Do not install any components into the Power train Control Module (PCM) or PCM harness. Connecting into this system may affect engine and transmission operation.

As an example: connection of aftermarket electrical equipment into the brake light circuit or any other circuit which is connected to the PCM, anti-lock brake computer, airbag system, or any other vehicle system will cause vehicle malfunction. [Emphasis added.]

Additionally, some fleets may find that the Center High-Mounted Stop Lamp (CHMSL) flashes with the brake lights when police lights are activated. This modification does not conform with Federal Motor Vehicle Safety Standard (FMVSS) 108, which requires that the CHMSL only illuminate when applying the brakes, and not flash.

Should you find that the shift-lock is not operating properly and/or that the CHMSL flashes when the police lights are on – we recommend you restore intended performance by removing the electrical wiring modifications discussed above.

If further information is needed, you may leave a message with NHTSA’s Hot Line, by calling 1-888-327-4236. Your call will be returned.

The NDIRF has become aware that aircraft are, at least in one instance, using public roadways as landing strips. This is illegal, except in emergency situations, unless the owner of the roadway consents to such use (ND Century Code 2-03-04). This bulletin is to inform our county and township members that if they allow the use of a roadway as a landing strip, the NDIRF provides NO COVERAGE for any injury or damage to either the aircraft operator, the aircraft, or other individuals or property.

The applicable liability coverage exclusion reads: “This coverage does not apply to “personal injury” or “property damage” resulting from the ownership or operation of any airport, airpark, or similar facility, including runways, hangars, buildings or other properties used in connection with aviation activities.” The operative part of the exclusion is, “other properties used in connection with aviation activities.” If an entity knowingly allows a roadway to be used in connection with aviation activities this exclusion applies.

There are a number of ways to protect your entity’s interests if a roadway is being used as a landing strip.

1. Require the aircraft owner and operator to hold harmless and indemnify your entity for any and all liability and costs you may incur as a result of injury or damage in connection with aircraft operations. Also require them to pay for any damage to your entity’s property as a result of the roadway being used as a landing strip. It is important that the operator, if not the owner of the aircraft, also sign the agreement.
2. Require the aircraft owner to add your entity as an additional insured on his or her aircraft liability policy and general liability policy. It is important to require a $1,000,000 limit of liability. This limit of liability will be split between your entity and the operator if there is a loss. This leaves your entity with $500,000 in coverage, the State maximum limit of liability by statute, for a political subdivision. Make sure defense costs are in addition to policy liability limits.
3. If the aircraft owner and operator will not provide the above financial guarantees, an alternative may be to purchase an airport liability insurance policy. However, it may be difficult or impossible to purchase this policy for use of roadways as landing strips.
4. If the aircraft owner and operator will not provide the financial guarantees but your entity still wants to allow the use of your roadway for this purpose, at a minimum require the roadway to be properly signed, closed, or manned by trained flag personnel when it is being used as a runway.

The use of a roadway as a landing strip is a practice we feel is unnecessary with the availability of local airports out of which to base operations. If it must be done, ensure it is done safely.

If there are any questions on this information contact Ross Warner at (701) 224-1988, 1-800-421-1988, or e-mail Ross.

A high-intensity mercury vapor lamp includes any mercury vapor or metal halide lamp. A significant portion of the energy radiated by the arc tube of these type lamps is in the ultraviolet or "UV" range. The harmful portion of this energy is normally absorbed by the outer bulb. However, if the outer bulb is punctured or broken, potentially harmful UV radiation will be discharged.

Two types of mercury vapor lamps are produced. Type "T" is self-extinguishing if the outer bulb is damaged. Type "R" is not self-extinguishing and may continue to operate with the outer bulb damaged or broken.

The packaging for a type "R" lamp must clearly and prominently display the letter "R" and the following warning:

“WARNING: This lamp can cause serious skin burn and eye inflammation from short wave ultraviolet radiation if the outer envelope of the lamp is broken or punctured. Do not use where people will remain for more than a few minutes unless adequate shielding or other safety precautions are used. Lamps that will automatically extinguish when the outer envelope is broken or punctured are commercially available.”

Look closely at the label because the "R" and the warning may be in small print and fairly obscure.

Although the potential radiation hazard has been known for some time, maintenance personnel may not be aware of the differing lamp types. Inform your maintenance personnel of the difference in lamp types and the potential for radiation from type "R" lamps. We recommend that you replace any type "R" lamps with self-extinguishing type "T" lamps. The print on the lamp may be hard to read making it difficult to determine what type lamp is currently in place. These lamps are typically found in auditoriums, gymnasiums, swimming pools, multipurpose rooms, and other high ceiling rooms that require a large amount of light.

If type "R" lamps are retained, it is imperative that lamp shields be in place to reduce the possibility of damage to the lamp’s outer bulb. Additionally, damaged bulbs – even though they continue to provide light – must be replaced immediately.