Definitions

"Automobile" means a land motor vehicle, trailer or semi-tractor designated for travel on public roads, including any attached machinery or equipment. But "automobile" does not include"mobile equipment".

"Bodily Injury" means any bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time.

"Damages" means those sums of money imposed by law as compensation, to include medical and funeral expenses, loss of service, lost wages, loss of consortium, interest, physical, mental, and emotional pain and suffering (past, present, future) resulting from "bodily injury", "personal injury" or "wrongful act". "Damages" also include money paid to repair or replace damaged property or its loss of use resulting from "property damage". "Damages" shall also mean economic or monetary loss compensable in money damages under the laws of the State of Georgia, any other State, or the United States of America. If "damages" are covered by this Agreement resulting punitive damages, liquidated damages and/or attorney fees and costs would also be covered, but only to the extent the punitive damages, liquidated damages and/or attorney fees and costs arose out of covered "damages".

"Department" means each State of Georgia agency, authority, board, bureau, commission, department, or instrumentality electing coverage for its employees under this Agreement.

"Lawsuit" means a civil proceeding in which "damages" because of "bodily injury", "property damage", and/or "personal injury" to which this Agreement applies are alleged. "Lawsuit" includes:

(1) an arbitration or other alternative dispute resolution proceeding in which such "damages" are claimed and to which the Covered Party must submit or does submit;

(2) a proceeding before the Equal Employment Opportunity Commission or similar state commission.

"Loading and unloading" means the handling of property:

(1) after it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft of "automobile" or

(2) while it is in or on an aircraft, watercraft, or "automobile" or

(3) while it is being moved from an aircraft, watercraft or "automobile" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft, watercraft or "automobile".

"Mobile Equipment" means a land vehicle, vehicle, to include any machinery or apparatus attached thereto, whether or not self-propelled, which is:

(1) not subject to the motor vehicle registration;

(2) maintained for use exclusively on premises owned by or rented to the State of Georgia or any of its departments, including the right-of-way immediately adjoining such premises;

(3) designed for use principally on off-public roads; or

(4) designed and maintained for the sole purpose of affording mobility to the equipment of the following types and forming an integral part of or permanently attached to such vehicle: Power cranes, shovels, loaders, diggers and drills, cement mixers (other than mixed-in transit types), graders, scrapers, rollers and other road construction or repair equipment, air compressors, pumps and generators, including spraying, welding and building cleaning equipment and geophysical exploration, farm machinery and well servicing equipment.

"Occurrence" means every act of a covered party, including any continuous or repeated exposure to the same or substantially same general harmful conditions, which causes "bodily injury", "property damage", and/or "personal injury", arising out of a Covered Party's employment with the State of Georgia or any "department" thereof. In addition, regardless whether there has been the same general condition, any series or sequence of personnel actions by one or more Covered Parties from on or more "departments" against individual(s) and/or organization(s) shall be deemed one "occurrence".

"Personal Injury" means injury, other than "bodily injury", arising out of one or more of the following "occurrences":

The publication or utterance of libel or slander or other defamatory or disparaging material, or a publication or utterance in violation of an individual's right of privacy; except publications or utterances in the course of or related to advertising activities conducted by or on behalf of any Covered Party;

Wrongful entry or eviction, or any other invasion of the right of private occupancy;

Malicious prosecution;

Misappropriation of advertising ideas or style of doing business;

Infringement of copyright, title or slogan;

"Wrongful Acts".

"Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including, but not limited to, smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.

"Property Damage" means:

(1) any physical injury to or destruction or loss of tangible property, including the loss of use of such property; or

(2) loss of use of tangible property which has not been physically injured or destroyed

"Wrongful Act" means any error, misstatement or misleading statement, act of omission, or neglect or breach of duty committed, attempted or allegedly committed by any covered party individually or otherwise in the exercise of the Covered Party's duties as authorized by law, or any matter claimed against any Covered Party solely by reason of the Covered Party serving in such capacity. This includes misfeasance, or nonfeasance by a Covered Party in the discharge of the Covered Party's employment. "Wrongful Act" also includes any act or omission of law enforcement and corrections departments to include employees who qualify as Covered Parties. All causally connected errors, statements, acts, omissions, neglects or breaches of duty or other such matters committed by, attempted by, or claimed against one or more or the Covered Parties shall be deemed one "wrongful act".

The definition of "wrongful act" also includes:

(1) the refusal to employ;

(2) the termination of employment;

(3) the coercion, demotion, evaluation, reassignment, humiliation, discrimination, retaliation, or other employment practices, policies, acts or omissions.