COVERAGE: 

This self-insured program was established in 1986 to provide broad coverage for the University's legal or tort liability which may arise from its operations. Protection ranges from coverage for accidents, like slips and falls, vehicle accidents causing damage or injury to others, and employment practices liability. Therefore, there are three categories of coverage: Auto Liability, General Liability, and Employment Practices Liability.

Coverage applies to all University departments and auxiliary enterprises, officers, agents and employees (including bona fide volunteers). Protection is further extended to students enrolled in a formal training program which is limited to the School of Medicine and School of Veterinary Medicine while performing in the course and scope of their studies.

This intent of this program is to provide protection for mistakes made by campus employees resulting in personal or bodily injury, or property damage to third parties. Those "mistakes" are referred to as "negligence" in the law.

Anytime a charge of negligence is made against the University, this program will respond by investigating the charges, and defend the department or individual alleged to have committed the negligent act. Costs of the claim or lawsuit are funded by the program. All claims are investigated thoroughly by a third-party administrator, hired by the University, to provide an objective review of the circumstances leading up to the claim.

PREMIUMS:

Beginning 1997/98, the funding of the program became the responsibility of the UC campuses. The first premium allocated to the campus was in 1998/99 at $.68/$100 salary and wages (excluding Federal funds and grants). As a result of a time-intensive consultative process initiated by Risk Management Services and Office of Resource Management & Planning, the campus adopted a "differential" cost allocation system. This system takes into account both exposure (salaries) and experience (losses). This differential system was phased in over a four-year period, with final implementation in FY04.

Reducing campus liabilities through effective loss prevention and control will have the net result of reducing injuries and losses, thereby reducing costs.

DEDUCTIBLES:

In an effort to provide a more equitable distribution of the costs of this program (i.e., to the users of the program), a deductible program was developed in consultation with campus constituents, from administrators to faculty. In its current form, all General Liability claims have a 20% deductible on all costs (expenses and settlements/judgement), with a cap of $50,000 per occurrence. Exceptions to these deductibles are also available and were designed to create incentives for good management practices and safety programs.

EXCLUSIONS: 

1. Claims which arise from the ownership or use of an aircraft. The University maintains a seperate aircraft liability insurance policy which provides this protection.
2. Arising from any water craft which:

a. Exceeds 30 feet in length and

b. if the claim is for something which took place away from University owned or controlled premises.

3. Under bodily injury, any obligations the University would be responsible for under its Workers' Compensation program. For instance, if a University employee were to slip and fall while on the job, the individual's injuries would be covered under the University's Workers' Compensation Program.

SECURING COVERAGE:

The coverage is provided automatically for University activities within the United States, its territories and possessions, and Canada. For information regarding activities in foreign countries, please see Foreign General and Auto Liability.

CONTRACTS:

More often than not, agreements ranging from purchase orders to city park use agreements contain language which could affect the University's future liability. In many instances, the third party, which has drafted the agreement, includes language which requires the signing party to assume responsibility for the third party's negligence. This type of contractual liability assumption is not permitted by The Regents without their prior approval. Risk Management Services requests that you submit copies or agreements proposed by third parties to Business Contracts well in advance for their finalization. Business Contracts can then review the documents and negotiate any necessary changes. Once that step is completed, the appropriate University party will be contacted and the agreement can then be finalized.

CERTIFICATES OF INSURANCE:

Both written and oral agreements may call for the issuance of certificates of insurance by the University which evidence our general liability program. Risk Management Services processes these requests for the campus. Please submit requests for certificates of insurance at least 10 working days in advance of the date required for certificate preparation and issuance in order to avoid any problems.

CLAIMS:

1. Report occurrence to the appropriate campus authorities (police, fire department, etc.) and Risk Management Services at (530) 757-8391.
2. Instruct the accident victim(s) to contact Risk Management Services and/or provide them with a claim form.

Risk Management Services has several claims handling functions to perform. The office prepares claim reports based on information obtained from accident victims. These reports are forwarded to a third party "claims administrator"(TPA). Their representatives then investigate the claim, with the assistance of Risk Management Services, in order to determine whether or not the University was at fault and to determine the value of the claim. Effective July 1, 2002, UC's TPA is Sedgwick. Representatives of that company may contact University department representatives as part of their claims investigation process. Please cooperate with the Sedgwick representatives when they call to request accident information.

If you have any questions or concerns, if they ask any awkward or difficult questions, or if you receive calls from someone other than the University's representative (e.g. injured party, attorneys, etc.) please contact Risk Management Services for clarification.

LOSS CONTROL:  

The campus is required by law to provide a safe environment for students, visitors, etc. Our general liability claims experience in large measure is based on the ability of department and auxiliary enterprise personnel to preserve a high level of safety at the campus. The following list represents several steps the campus can take to limit its general liability claims:

1. Unsafe conditions should be reported immediately. For example, severe cracks in walkways can be repaired to help avoid trip and fall injuries, and should be reported to Facilities.
2. Campus programs from lab instruction to athletics can be evaluated from a safety standpoint. That assessment might include questions about the levels of instruction and supervision provided, the quality of equipment used, and the issue of whether there are safer versions of the same activity.
3. Immediate medical attention administered by the appropriate campus personnel to injured parties may help to minimize the impact of medical claims.

Please contact Risk Management Services at (530) 757-8391 for further loss control information.