NO COVERAGE - NO DEFENSE POLICY

Originally Adopted by MVRMA Board: 3/16/98

PURPOSE

This policy has been established in order to clarify the duty of MVRMA to provide a defense of lawsuits asserted against members of the association.

POLICY

If MVRMA's coverage document does not apply and/or there is no coverage or indemnification afforded for any loss, claim, suit or any other legal or administrative proceeding or part thereof, it is agreed that the association will not provide a defense and/or pay attorney fees and/or pay defense costs except at the sole discretion of this self-insurance pool (MVRMA).

If MVRMA elects to provide a defense for any non-covered matter, a meeting will be conducted between the MVRMA staff, representative(s) of the member city, and all individually named defendants to reach an understanding of how the defense will be conducted and how defense costs will be allocated. A disclosure form will be signed by MVRMA, the member city and all defendants to formalize any agreement reached.