Regarding Tort Liability

The TNRMT Coverage Document and the Intergovernmental Agreement is not intended by the Member or TNRMT to waive its governmental immunity as allowed by TN Code Ann. 29-20-403(b)(2) and related Tennessee codes. Accordingly, subject to the Coverage Document and the Limits of Liability shown on the Limits of Liability Page, the coverage document provides coverage only for occurrences or wrongful acts for which the defense of governmental immunity is clearly not applicable or for which, after such defense is asserted. A court of competent jurisdiction determines the defense of governmental immunity not to be applicable.