The responsibility to respond to our members' coverage questions and provide coverage interpretation primary falls on OMAG’s Underwriting and Member Services Departments with support provided by OMAG’s Legal and Risk Management Departments. Providing a clear and consistent response to these inquiries is always our goal.
Our members occasionally ask “Who is covered under the municipality’s general liability plan and how does this plan define an employee?
Who is covered? Any of the following are covered while acting within the scope of their municipal duties: any member of the municipal governing body, any elected or appointed official of the municipality, any member of boards and commissions of the municipality and any employee of the municipality, as defined in the agreement.
Definition of Employee: OMAG’s plan mirrors the terms of the Governmental Tort Claims Act in defining the term “employee.” OMAG’s plan defines employee as "any person who has been authorized to act on behalf of the plan member whether that person is acting on a permanent or temporary basis, with or without being compensated, or on a full or part time basis. It includes all elected or appointed officers, members of governing bodies, and other persons designated to act for the plan member, but the term does not mean a person or other legal entity while acting in the capacity of an independent contractor or an employee of an independent contractor."
Example: An independent contractor would be a person or company that the municipality hires to do a specific job, such as a local contractor to do a street project or an electrical company providing installation or repair.
NOTE: You should always require the independent contractor to supply the municipality with a certificate of insurance.