Oregon Administrative Rules
Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS
Division 330 - POLICY
Section 413-330-0950 - Insurance
Universal Citation: OR Admin Rules 413-330-0950
Current through Register Vol. 63, No. 12, December 1, 2024
(1) Traditional contractor insurance requirements. The coverage and limits of insurance required for a traditional contractor are specified in the contract. The Department requires a traditional contractor to provide proof that all required insurance is effective and in force before the SOC short-form contract can be executed.
(2) Nontraditional contractor insurance requirements.
(a) If a
nontraditional contractor is providing a service that requires transporting the
client, the Department requires the nontraditional contractor to provide proof
of:
(A) A valid Oregon driver's license;
and
(B) Automobile liability
coverage that has limits not less than required by ORS
806.060. The nontraditional
contractor must have automobile insurance in effect during the term of the SOC
short-form contracts.
(b) The State of Oregon, through the Risk
Management Division of the Department of Administrative Services provides
nontraditional contractors with general liability insurance coverage including
legal defense and excess automobile liability coverages. These coverages are
provided to a nontraditional contractor, while acting within the course and
scope of duties listed in the short-form contract, to the extent that a claim
arises out of the provisions of services pursuant to the Short Form Contract's
terms and statement of work. The provision of general liability coverage does
not make the nontraditional contractor an agent of the Department or of the
State of Oregon or subject the contractor to ORS
30.260 to
30.300 (the Oregon Tort Claims
Act).
(c) The coverage described in
subsection (b) of this section is not provided for acts, errors, or omissions
due to malfeasance; for willful or wanton neglect of duty; for acts outside the
short-form contract's specified scope of work; or for punitive
damages.
(d) Following are the
limits of coverage provided by the State to nontraditional contractors:
(A) $50,000 to a claimant for any number of
claims for damage to or destruction of property, including consequential
damages, arising out of a single accident or occurrence;
(B) $100,000 to a claimant as general and
special damages for all other claims arising out of a single accident or
occurrence;
(C) $200,000 for all
claims arising out of a single accident or occurrence;
(D) The dollar limits for defense cost
coverage are included in the above dollar limits. Once this dollar limit is
reached, further defense costs are the responsibility of the nontraditional
contractor.
(e) The
nontraditional contractor must report, in writing, each claim and each
occurrence that reasonably may give rise to a claim to the contract
administrator, who will forward the information to the Risk Management Division
as promptly as practicable.
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 279.727 & 279.729
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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