Rural Water - Quarter 3, 2017 - 44

Legal liability is based on several
different legal principles; in our example,
we'll examine the concept of negligence.
Generally, to be held legally liable due to
negligence, four conditions must be met:
1. There is a legal duty owed to the
injured party
2. There was a breach of that duty
3. There were damages suffered
4. The damages resulted from breach of
that duty
For a water main break, these elements
are investigated to determine if you are
responsible for the destroyed rare plants.
Often, the investigation will focus on the
second element, which is the most difficult
to answer. Was there a breach of your duty
owed to the property owner?
Questions a claims representative may
ask during the investigation to determine
negligence may include, but not be limited
to: was any recent work done on the
broken water main? Were there known
leaks prior to the recent break? Was this
an older water line with a history of prior
breaks? Did the property owner have any
negligence-perhaps the plants were
located in a public right of way? Were there

any known conditions that could have
caused this break? Do state governmental
immunity statutes apply? This investigative
process helps determine if a condition of
negligence applies, and whether or not
you're legally liable.
There are measures you can take to
protect your water utility and prevent or
reduce losses:
* Do you have an official, documented
emergency action plan? Is it reviewed,
practiced and updated on a regular
basis? Does it include emergency
service contact information for police
and traffic control if a road is inundated
with water?
* Do you have a customer response plan?
How do you handle calls that report
leaks, broken meter boxes, breaches in
fencing around towers or tanks, or other
concerns regarding your water system?
Have you established a timeframe in
which you promise to respond?
* Do you have an up-to-date disaster
recovery plan to help keep your utility
running, to notify your customers or to
get you up and running quickly in the
event you must shut down?

PROTECTING YOU
AS YOU STAND BEHIND
YOUR COMMUNITY.

While each policy and every claim is
different and the outcome of every claim
settlement may differ, understanding how
general liability coverage works and having
preventive measures in place can help
prepare your utility in the event of a claim.
For more detailed information, consult your
independent insurance agent. ●
This loss control information is advisory
only. The author assumes no responsibility
for management or control of loss control
activities. Not all exposures are identified in
this article.
About the author: Christopher Barger
is a member of the National Rural Water
Association and the American Water
Works Association, and applies more
than 15 years of commercial underwriting
experience to his role as National Program
Director for Cincinnati's Utility Services
program. Contact him at Christopher_
Barger@cinfin.com or 513-870-2459 with
questions about this article or Cincinnati's
Utility Services Program. Please visit
www.cinfin.com for information about The
Cincinnati Insurance Companies.

To help keep your business flowing properly,
The Cincinnati Insurance Company offers
broad coverage options to meet the distinct
needs of water and sewer utilities, featuring:
* Claims, loss control, and machinery and
equipment services delivered by Cincinnati
representatives who typically live in or near
your community
* Three-year package policy with rates that
won't increase during the term in most
states and for many coverages
Visit cinfin.com to find your local
independent agent representing Cincinnati.

‹7KH&LQFLQQDWL,QVXUDQFH&RPSDQ\6*LOPRUH5RDG)DLU¿HOG2+
45014-5141. See the policy contract for complete coverages and exclusions.
Products are not available in all states.

44861202_Cincinnati.indd
THIRD QUARTER
1

2017

3/22/17 1:45 PM


http://www.cinfin.com http://www.cinfin.com http://www.cinfin.com

Table of Contents for the Digital Edition of Rural Water - Quarter 3, 2017

From the President
Surviving Hurricanes
Emergency Preparedness
Indiana Teamwork During a Flood Emergency
Rates and Long-Term Sustainability
Technology: Ammonia – A Growing Problem with a Practical Solution
Emergency Management: Biological Wastewater Treatment Toxicity
Insurance: Commercial General Liability Coverage Basics
A Day in the Life of a Circuit Rider
Regulatory Update
Case Study: Installing Granular Activated Carbon Today to Prevent Regulatory Issues in the Future
Cleared for Takeoff
Up the Creek: Birdfeeder Politics
Index to Advertisers/ Advertisers.com
From the CEO
Rural Water - Quarter 3, 2017 - intro
Rural Water - Quarter 3, 2017 - cover1
Rural Water - Quarter 3, 2017 - cover2
Rural Water - Quarter 3, 2017 - 3
Rural Water - Quarter 3, 2017 - 4
Rural Water - Quarter 3, 2017 - 5
Rural Water - Quarter 3, 2017 - 6
Rural Water - Quarter 3, 2017 - 7
Rural Water - Quarter 3, 2017 - 8
Rural Water - Quarter 3, 2017 - 9
Rural Water - Quarter 3, 2017 - 10
Rural Water - Quarter 3, 2017 - From the President
Rural Water - Quarter 3, 2017 - Surviving Hurricanes
Rural Water - Quarter 3, 2017 - 13
Rural Water - Quarter 3, 2017 - 14
Rural Water - Quarter 3, 2017 - 15
Rural Water - Quarter 3, 2017 - 16
Rural Water - Quarter 3, 2017 - 17
Rural Water - Quarter 3, 2017 - Emergency Preparedness
Rural Water - Quarter 3, 2017 - 19
Rural Water - Quarter 3, 2017 - 20
Rural Water - Quarter 3, 2017 - 21
Rural Water - Quarter 3, 2017 - 22
Rural Water - Quarter 3, 2017 - 23
Rural Water - Quarter 3, 2017 - 24
Rural Water - Quarter 3, 2017 - 25
Rural Water - Quarter 3, 2017 - 26
Rural Water - Quarter 3, 2017 - Indiana Teamwork During a Flood Emergency
Rural Water - Quarter 3, 2017 - 28
Rural Water - Quarter 3, 2017 - 29
Rural Water - Quarter 3, 2017 - 30
Rural Water - Quarter 3, 2017 - Rates and Long-Term Sustainability
Rural Water - Quarter 3, 2017 - 32
Rural Water - Quarter 3, 2017 - 33
Rural Water - Quarter 3, 2017 - 34
Rural Water - Quarter 3, 2017 - Technology: Ammonia – A Growing Problem with a Practical Solution
Rural Water - Quarter 3, 2017 - 36
Rural Water - Quarter 3, 2017 - 37
Rural Water - Quarter 3, 2017 - 38
Rural Water - Quarter 3, 2017 - Emergency Management: Biological Wastewater Treatment Toxicity
Rural Water - Quarter 3, 2017 - 40
Rural Water - Quarter 3, 2017 - 41
Rural Water - Quarter 3, 2017 - 42
Rural Water - Quarter 3, 2017 - Insurance: Commercial General Liability Coverage Basics
Rural Water - Quarter 3, 2017 - 44
Rural Water - Quarter 3, 2017 - A Day in the Life of a Circuit Rider
Rural Water - Quarter 3, 2017 - 46
Rural Water - Quarter 3, 2017 - Regulatory Update
Rural Water - Quarter 3, 2017 - 48
Rural Water - Quarter 3, 2017 - 49
Rural Water - Quarter 3, 2017 - 50
Rural Water - Quarter 3, 2017 - Case Study: Installing Granular Activated Carbon Today to Prevent Regulatory Issues in the Future
Rural Water - Quarter 3, 2017 - 52
Rural Water - Quarter 3, 2017 - Cleared for Takeoff
Rural Water - Quarter 3, 2017 - 54
Rural Water - Quarter 3, 2017 - Up the Creek: Birdfeeder Politics
Rural Water - Quarter 3, 2017 - 56
Rural Water - Quarter 3, 2017 - 57
Rural Water - Quarter 3, 2017 - Index to Advertisers/ Advertisers.com
Rural Water - Quarter 3, 2017 - 59
Rural Water - Quarter 3, 2017 - 60
Rural Water - Quarter 3, 2017 - From the CEO
Rural Water - Quarter 3, 2017 - 62
Rural Water - Quarter 3, 2017 - cover3
Rural Water - Quarter 3, 2017 - cover4
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