Sample Insurance Exhibit
Insurance Requirements:
Grantee/Contractor shall obtain at Grantee/Contractor’s expense the insurance specified in this exhibit prior to performing under this Grant/Contract. Grantee/Contractor shall maintain such insurance in full force and at its own expense throughout the duration of this Grant/Contract, as required by any extended reporting period or continuous claims made coverage requirements, and all warranty periods that apply. Grantee/Contractor shall obtain the following insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State of Oregon and that are acceptable to OHCS. All coverage shall be primary and non-contributory with any other insurance and self-insurance, with the exception of Professional Liability and Workers’ Compensation. Grantee/Contractor shall pay for all deductibles, self-insured retention, and self-insurance, if any.
If Grantee/Contractor maintains broader coverage and/or higher limits than the minimums shown in this exhibit, OHCS requires and shall be entitled to the broader coverage and/or higher limits maintained by Grantee/Contractor.
Workers’ Compensation and Employers’ Liability:
All employers, including Grantee/Contractor, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017, and provide Workers' Compensation Insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). Grantee/Contractor shall require and ensure that each of its subgrantees/subcontractors complies with these requirements. If Grantee/Contractor is a subject employer, as defined in ORS 656.023, Grantee/Contractor shall also obtain Employers' Liability insurance coverage with limits not less than $500,000 each accident.
If Grantee/Contractor is an employer subject to any other state’s workers’ compensation law, Grantee/Contactor shall provide Workers’ Compensation Insurance coverage for its employees as required by applicable workers’ compensation laws including Employers’ Liability Insurance coverage with limits not less than $500,000 and shall require and ensure that each of its out-of-state subgrantees/subcontractors complies with these requirements.
As applicable, Grantee/Contractor shall obtain coverage to discharge all responsibilities and liabilities that arise out of or relate to the Jones Act with limits of no less than $5,000,000 and/or the Longshoremen’s and Harbor Workers’ Compensation Act.
Commercial General Liability:
Grantee/Contractor shall provide Commercial General Liability Insurance covering bodily injury and property damage in a form and with coverage that are satisfactory to the State of Oregon. This insurance must include personal and advertising injury liability, products and completed operations, contractual liability coverage for the indemnity provided under this Grant/Contract, and have no limitation of coverage to designated premises, project, or operation. Coverage must be written on an occurrence basis in an amount of not less than $________________ per occurrence and not less than $________________ annual aggregate limit.
Automobile Liability Insurance:
Grantee/Contractor shall provide Automobile Liability Insurance covering Grantee/Contractor’s business use including coverage for all owned, non-owned, or hired vehicles with a combined single limit of not less than $________________ for bodily injury and property damage. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits for Commercial General Liability and Automobile Liability). Use of personal Automobile Liability insurance coverage may be acceptable if evidence that the policy includes a business use endorsement is provided.
Professional Liability:
Grantee/Contractor shall provide Professional Liability Insurance covering any damages caused by an error, omission or any negligent acts related to the services to be provided under this Grant/Contract by the Grantee/Contractor and Grantee/Contractor’s subgrantees/subcontractors, agents, officers or employees in an amount not less than $________________ per claim and not less than $________________ annual aggregate limit.
If coverage is provided on a claims made basis, then either an extended reporting period of not less than 24 months shall be included in the Professional Liability insurance coverage, or the Grantee/Contractor shall provide Continuous Claims Made coverage as stated below.
Network Security and Privacy Liability:
Grantee/Contractor shall provide Network Security and Privacy Liability Insurance for the duration of this Grant/Contractor and for the period of time in which Grantee/Contractor (or its business associates or subgrantees/subcontractors) maintains, possesses, stores, or has access to OHCS or client data, whichever is longer, with a combined single limit of not less than $________________ per claim or incident. This insurance must include coverage for third party claims and for losses, thefts, unauthorized disclosures, access or use of OHCS or client data (which may include, but is not limited to, Personally Identifiable Information (“PII”), Payment Card Data and Protected Health Information (“PHI”)) in any format, including coverage for accidental loss, theft, unauthorized disclosure access or use of OHCS data.
An endorsement to the Commercial General Liability or Automobile Liability policy, covering Grantee/Contractor’s or subgrantee/subcontractor’ liability for bodily injury, property damage and environmental damage resulting from sudden accidental and gradual pollution and related clean-up cost incurred by the Grantee/Contractor that arise from the goods delivered or Services (including transportation risk) performed by Grantee/Contractor under this Grant/Contract is also acceptable.
Directors, Officers, and Organization Liability:
Grantee/Contractor shall provide Directors, Officers, and Organization Liability Insurance covering the Grantee/Contractor’s organization, directors, officers, and trustees’ actual or alleged errors, omissions, negligent, or wrongful acts, including improper governance, employment practices and financial oversight – including improper oversight and/or use of funds and donor contributions which includes state or federal funds – with a combined single limit of not less than $________________ per claim.
Crime Protection Coverage - Employee Dishonesty or Fidelity Bond:
Grantee/Contractor shall provide Employee Dishonesty or Fidelity Bond coverages for dishonest acts of an employee of the Grantee/Contractor. Coverage limits not less than $________________.
Physical Abuse and Molestation Insurance:
Grantee/Contractor shall provide Physical Abuse and Molestation Insurance in a form and with coverage that are satisfactory to the State covering damages arising out of actual, perceived, or threatened physical abuse, mental injury, sexual molestation, negligent: hiring, employment, supervision, training, investigation, reporting to proper authorities, and retention of any person for whom the Grantee/Contractor is responsible including but not limited to Grantee/Contractor and Grantee/Contractor’s employees and volunteers. Policy endorsement’s definition of an insured must include the Grantee/Contractor, and the Grantee/Contractor’s employees and volunteers. Coverage must be written on an occurrence basis in an amount of not less than $________________ per occurrence and not less than $________________ annual aggregate. Coverage can be provided by a separate policy or as an endorsement to the Commercial General Liability or Professional Liability policies. The limits must be exclusive to this required coverage. Incidents related to or arising out of physical abuse, mental injury, or sexual molestation, whether committed by one or more individuals, and irrespective of the number of incidents or injuries or the time period or area over which the incidents or injuries occur, shall be treated as a separate occurrence for each victim. Coverage must include the cost of defense and the cost of defense shall be provided outside the coverage limit.
Excess/Umbrella Insurance:
A combination of primary and Excess/Umbrella Insurance may be used to meet the required limits of insurance. When used, all of the primary and Excess or Umbrella policies must provide all of the insurance coverages required herein, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Excess or Umbrella or policies must be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, must be called upon to contribute to a loss until the Grantee/Contractor’s primary and excess liability policies are exhausted.
If Excess/Umbrella Insurance is used to meet the minimum insurance requirement, the Certificate of Insurance must include a list of all policies that fall under the Excess/Umbrella insurance.
Additional Insured:
All liability insurance, except for Workers’ Compensation, Professional Liability, Directors and Officers Liability and Network Security and Privacy Liability (if applicable), required under this Grant/Contract must include an Additional Insured endorsement specifying the State of Oregon, its officers, employees, and agents as Additional Insureds, but only with respect to Grantee/Contractor’s activities to be performed under this Grant/Contract. Coverage shall be primary and non-contributory with any other insurance and self-insurance.
Regarding Additional Insured status under the General Liability policy, OHCS requires Additional Insured status with respect to liability arising out of ongoing operations and completed operations, but only with respect to Grantee/Contractor’s activities to be performed under this Grant/Contract. The Additional Insured endorsement with respect to liability arising out of Grantee/Contractor’s ongoing operations must be on, or at least as broad as, ISO Form CG 20 10 and the Additional Insured endorsement with respect to completed operations must be on, or at least as broad as, ISO form CG 20 37.
Waiver of Subrogation:
Grantee/Contractor shall waive rights of subrogogation which Grantee/Contractor or any insurer of Grantee/Contractor may acquire against OHCS or the State of Oregon by virtue of the payment of any loss. Grantee/Contractor shall obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not OHCS has received a Waiver of Subrogation endorsement from the Grantee/Contractor or the Grantee/Contractor’s insurer(s).
Continuous Claims Made Coverage:
If any of the required liability insurance is on a claims made basis and does not include an extended reporting period of at least 24 months, then Grantee/Contractor shall maintain continuous claims made liability coverage, provided the effective date of the continuous claims made coverage is on or before the effective date of the Grant/Contract, for a minimum of 24 months following the later of:
- Grantee/Contractor’s completion and OHCS’ acceptance of all Services required under the Grant/Contract, or
- OHCS or Grantee/Contractor termination of this Grant/Contract, or
- The expiration of all warranty periods provided under this Grant/Contract.
Certificate(s) and Proof of Insurance:
Grantee/Contractor shall provide to OHCS Certificate(s) of Insurance for all required insurance before delivering any goods and performing any Services required under this Grant/Contract. The Certificate(s) of Insurance must list the State of Oregon, its officers, employees, and agents as a Certificate holder and as an endorsed Additional Insured. The Certificate(s) of insurance must also include all required endorsements or copies of the applicable policy language effecting coverage required by this Grant/Contract. If Excess/Umbrella Insurance is used to meet the minimum insurance requirement, the Certificate(s) of Insurance must include a list of all policies that fall under the Excess/Umbrella Insurance. As proof of insurance, OHCS has the right to request copies of insurance policies and endorsements relating to the insurance requirements in this exhibit.
Notice of Change or Cancellation:
Grantee/Contractor or its insurer must provide at least 30 calendar days’ written notice to OHCS before cancellation of, material change to, potential exhaustion of aggregate limits of, or non-renewal of the required insurance coverage(s).
Insurance Requirement Review:
Grantee/Contractor agrees to periodic review of insurance requirements by OHCS under this Grant/Contract and to provide updated requirements as mutually agreed upon by Grantee/Contractor and OHCS.
State Acceptance:
All insurance providers are subject to OHCS acceptance. If requested by OHCS, Grantee/Contractor shall provide complete copies of insurance policies, endorsements, self-insurance documents, and related insurance documents to OHCS’ representatives responsible for verification of the insurance coverages required under this exhibit.