Governments at risk : liability insurance and tort reform Page: 26
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1 (1) its duration;
2 (2) the precise organization, composition, and nature of the separate legal or administrative
3 entity created thereby, together with the powers delegated thereto, which may be created with its gov.
4 erning body composed solely of local elected officials ex officio unless otherwise provided;
5 (3) the nature and scope of insurance coverages to be provided;
6 (4) the manner of financing the enterprise, of establishing and maintaining a budget therefor,
7 and of accounting and keeping records thereof; '
6 (5) the permissible method or methods to be employed in accomplishing the partial or complete
9 termination of the agreement and for disposing of property upon such partial or complete termination;
10 (6) the methods by which coverages are to be extended, premiums or assessments levied and
11 paid, claims administered and defended against, and financial reserves established and maintained;
12 (7) responsibilities for claims defense and expenses of such defense between the entity estab13
wished and individual participating units;
14 (8) annual or other periodic financial and operating reports to the participating units and to
15 the general public; and
16 (9) any other necessary and proper matters.
17 (c) If the agreement entered into under this section does not establish a separate legal entity to
18 conduct such pooled insurance undertaking, it shall, in addition to all items except (2) enumerated in
19 subsection (b) of this section, contain the following:
20 (I) designation of an [administrator or a joint board] responsible for administering the
21 interlocal insurance pool, provided that if a joint board] is designated, the local units of government
-22 party to the agreement shall be represented appropriately; and
23 (2) the manner of acquiring, holding, and disposing of financial reserves and any other as24
sets, including real and personal property, used in the establishment and administration of the inter25
local pool.
26 (d) In addition to information required in subsections (b) and (c) of this section, the agreement
27 and subsidiary arrangements thereunder [shall] [may) [among other things,]J provide for
26 (1) types of coverage available;
29 (2) a pooling of reserves, or of both reserves and risks;'
30 (3) extent of choice among participating units of local government as to the coverages or com31
binations of coverage in which each unit desires to participate;
Some states may find it desirable merely to provide that details as to levels of coverage and similar matters are to be handled by rules
and regulations adopted by the interlocal pool entity, subject to public hearing and any governing statutes as to local administrative procedures.
'See footnotes to Sections 3(cj and 4(cl above regarding variations in risks among and within local units of government, depending upon
the variety of services rendered and activities conducted.
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United States. Advisory Commission on Intergovernmental Relations. Governments at risk : liability insurance and tort reform, book, December 1987; Washington, D.C.. (https://digital.library.unt.edu/ark:/67531/metadc1063/m1/34/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.