University Insurance Programs Robert Rieder Office of Counsel Faculty Briefing, College of Science September 14, 2007

What Insurance Does the University Have to Protect Its Employees?

General Liability Insurance UAS Comprehensive General Liability Plan A self-insurance program established and administered by UAS All employees are covered while acting within the scope of their duties on behalf of UAH Benefits: Defense benefit – if employee sued, University will provide legal defense for employee, using UAS attorneys Indemnity benefit – if suit results in adverse judgment against employee, University will pay judgment amount

General Liability Insurance Occurrence-based” coverage. Benefits provided for any event occurring during policy period (even if claim not brought until after policy period) Type of harm covered. Bodily injury, personal injury (defamation, violation of privacy, etc.), property damage

General Liability Insurance Exclusions – claims arising out of : Acts not within scope of employee’s duties Intentional acts Criminal or dishonest acts False statement made with knowledge of falsity causing personal injury Provision of profession health care services Breach of contract

General Liability Insurance Monetary limits. Covers up to $ 2 million on each loss. Excess Coverage Provided through commercial insurance policies Applies over automobile and general liability, attaching at policies’ respective upper limits.

Directors and Officers/ Employment Practices Insurance Separate UAS insurance policy Protects employees against “wrongful act” claims: Employment practices violations: Wrongful dismissal or termination; harassment, discrimination, and retaliation; libel, slander, defamation, and invasion of privacy; wrongful failure to employ, promote, grant tenure; negligent evaluation; wrongful discipline; violation of civil rights Any breach of duty, neglect, error, misstatement, misleading statement, omission or act Plagiarism Infringement of copyright or trademark

Directors and Officers/ Employment Practices Insurance Exclusions Liability arising from gaining unlawful profit Liability arising from criminal or deliberately fraudulent acts Liability for bodily injury or property damage Breach of contract liability A “claims made” policy Claims reporting duty. Claim is any written demand for money or notice of any kind of charges seeking monetary or non-monetary relief University obligated to notify insurer immediately upon receipt of notice of claim. Failure may result in non-coverage!

What Insurance Does the University Have for its Drivers?

University Vehicle Insurance Liability coverage. Applies to University and all permitted users of UAH vehicles “Vehicles” Includes those owned or “hired” (leased, rented, or borrowed) by UAH. Also includes “non-owned” vehicle – employee-owned vehicle used for UAH purposes Coverage is Primary as to owned/hired vehicles As to non-owned vehicles, it is secondary for employees. Means employee’s policy applied first to damage claim Limits. $1,000,000 per accident, with additional excess coverage.

University Vehicle Insurance Physical damage coverage. For newer UAH vehicles Primary coverage Limits: Comprehensive coverage. $250 deductible. Collision coverage. $500 deductible. For employee-owned vehicles used in UAH business, no coverage. Employee must rely on own policy. Geographical area: U.S. Canada, Puerto Rico Policy covers all UAS vehicles. Each campus pays pro rata premium share.

University Vehicle Insurance Rental vehicles Includes those rented by UAH in its name and those rented by UAH employee in his/her own name for use on University business University liability coverage applies (primary) University property damage coverage applies (primary), with deductibles Certificate of insurance. Obtain from Business Services (6485) or Fleet Services (6482) when P.O. used to pay for rental or when personal credit card used. Do not purchase liability insurance or collision damage waiver from rental company “Zero deductible” coverage – available when certain credit cards are used to pay for the rental. Call OOC/RM or Business Services for more details. Caveat

University Vehicle Insurance Approvals In-state travel Reimbursable travel on contract/grant – Approval via Travel Authorization form required Use of employee–owned vehicle Authorized by UAH policy Reimbursement by mileage (State rates) Out-of-state travel Reimbursable by UAH. Approval via Travel Authorization form required Use of employee-owned vehicle. Approval via Travel Authorization form required Use of rental vehicle. Approval via Travel Authorization form required Based on UAH Travel Guidelines (implementing Board Rule). Colleges and departments may have more restrictive policies. Travel Authorization form – available on the UAH Finance and Accounting website

What Coverage is Provided for UAH Employees Traveling Overseas?

Foreign Travel Insurance UAS “Foreign Package” policy Protects University employees traveling outside U.S. (with some countries excepted) Includes several coverages Commercial General Liability. For claim against employee for bodily injury, property damage, and/or personal injury

Foreign Travel Insurance Automobile insurance Liability Covered automobile – vehicle owned, leased, or borrowed and used in University business Applies where employee has no primary coverage or liability exceeds primary insurance limits Physical damage For hired automobiles, provides reimbursement for damage to hired auto $1,000 per auto limit, $10,000 policy term limit Rental vehicles Preferable for employee to use public transportation If vehicle rented, purchase liability and physical damage insurance offered by rental company

Foreign Travel Insurance Executive Assistance Services Medical assistance. Hospital admission, emergency prescription, etc. Medically supervised evacuation and repatriation, but only at discretion of medical provider and only to nearest qualified hospital Security assistance. Information about airports, modes of travel, countries. Legal assistance. Identifying local attorneys, obtaining bail bonds (bond is at employee’s expense). Travel and consular assistance. Embassy contacts, replacing lost passports, etc. AD&D Coverage and Medical For death, $10,000. Designated fraction for function loss Medical expense. $50 deductible. Limit of $10,000 per person per term. Worldwide Assistance Card (800# and plan name)

Conclusion Contact the Office of Counsel/Risk Management If you have any insurance question If you become aware of an incident that may give rise to a claim against you or another UAH employee You receive court documents indicating suit has been filed against you