| Policy Statement: |
The Office
of Risk Management will administer the risk management programs
for the University, including procurement of insurance and administering
claims associated with the University’s risk management program.
Coverages include general and professional liability, property damage,
vandalism, theft, boiler and machinery, watercraft, aircraft, automobile
liability and physical damage, telephone fraud, and other specialized
insurance as may be necessary.
As a state agency, the University participates in certain insurance
programs that are part of the State’s Risk Management Plan. The
University’s Office of Risk Management will procure insurance or
develop self-insurance programs that are not provided by the State Plan.
Employees are encouraged to call the Office of Risk Management to discuss
any perceived risks that they may encounter throughout the University.
The Risk Management program deals not only with insurance and claims,
but also with coordinating attempts to prevent or reduce future losses.
Additionally, the risk management staff reviews University contracts
and agreements for insurance issues and other risk management concerns,
and provides risk management advice to the University community.
Whenever any type of loss occurs, except those involving vehicles or
injuries to employees while on the job, an Incident Report Form should
be completed and faxed to (434) 982-2635 to the Office of Risk Management, hand-delivered to 2400 Old Ivy Rd. Suite 181, or messenger mailed to P.O. Box 400205. For incidents involving vehicles, an Automobile
Loss Notice Form should be completed and sent to the Office of Risk Management.
To report injuries to employees while on the job (Workers Compensation)
contact the Human Resources Benefits Office. For vehicle incidents that
involve employee injuries report to both the Office of Risk Management
and Human Resources. [See procedures below.]
For incidents involving Medical Center patients, contact the Medical
Center’s Risk Management Office.
A brief outline of the coverages being maintained follows, but because
of the complexity of the various coverages, it does not detail all of
the exclusions and exceptions. To make inquiries concerning insurance
coverage, to report any claims relative to bodily injury or property
damage, or to report any other incidents that may result in financial
loss to the University, contact the Office of Risk Management. BACK
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- Property Coverage
The State Division of Risk Management (DRM) has developed a Property
Insurance Plan, which is comprised of self-insurance and commercial insurance.
The Plan covers all State-owned buildings; contents; related contents
and equipment on or off grounds; loss of business-related income; and
in certain cases, extra expense incurred to expedite repairs. Since the
Property Insurance Plan also includes coverage for Boiler and Machinery
losses, this represents a combined program of coverage that will reimburse
State agencies for repair or replacement of lost or damaged property
from the perils of fire, lightning, windstorm, theft, flooding, sudden
and accidental breakdown of machinery, and other causes (see Section
1.4 Boiler and Machinery for more information).
All State-owned buildings and contents are covered for repair or replacement,
but all losses are subject to a departmental $1000 deductible. The department
responsible for the property incurs the deductible. When multiple departments
are involved in one loss, the deductible is shared by all departments
involved, and must be paid from departmental funds. State and University
procurement guidelines must be followed after the department files a
claim to have property repaired or replaced. When a single loss exceeds
the departmental deductible of $1000, the University will pay up to the
next $99,000 for that loss. If a loss exceeds $100,000, the State insurance
program begins to pay for the loss above the $100,000 threshold. BACK
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- Personal Property
Personal property belonging to employees or students that is
located on Grounds is not covered by State or University property insurance,
unless their property is damaged through some negligence on the part
of the University. It is strongly recommended that individuals having
personal property at the University contact an insurance agent for appropriate
insurance coverage, such as homeowners or renters insurance, to protect
their personal possessions. BACK TO TOP
- Domestic or International Shipments
The State’s Property Insurance Plan also insures State
property, and in some cases the property of others, while located away
from the University or in transit anywhere in the world with the exception
of certain high-risk countries. Prior to the University's equipment or other property being taken out of the University, the following should be done:
- Make a list of all applicable equipment;
- Note each item's replacement value;
- Note the locations the University property will be transported to;
- Note the time period it will be away from the University;
- Indicate how equipment will be safeguarded; and
- Obtain documented approval from the dean or department head and send this information to the University's Risk Management Office.
You may be contacted to discuss shipping and insurance issues for high value or sensitive equipment. Report all loss or damage of University property as soon as possible possible to the Office of Risk Management at (434) 924-3055 or (434) 924-3850. BACK
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- Objects of Art or Antiques
The Office of Risk Management requires departments possessing
objects of fine art or antiques to provide a full description of the
object, its value with a valid appraisal when possible and the location
of the item. Fine arts and antiques are covered at their appraised or
stated value. Since a loss is more difficult to adjust with appraisals
attempted after an article is damaged or stolen, it is strongly recommended
that evidence of the replacement value of such items be obtained in advance
and stored in an off-site location. BACK TO TOP
- Boiler and Machinery
This is specialized coverage for the replacement or repair of
such items as boilers; fired and unfired pressure vessels; refrigerating
or air conditioning systems along with any piping and its accessory equipment;
and any mechanical or electrical machine or apparatus used for the generation,
transmission or utilization of mechanical or electrical power. There
is coverage whenever there is a sudden and accidental breakdown of the
items listed above or any parts of those items. At the time the breakdown
occurs, it must manifest itself by physical damage to the object that
necessitates repair or replacement.
The Office of Risk Management should be notified within 24 hours of
damage or loss. Departments are responsible for paying the deductible,
which is the first $1,000 per claim. The University is responsible for
the next $99,000 of loss. The State’s program of insurance begins
to pay when a loss exceeds $100,000. BACK TO TOP
- Reporting Losses
A completed insurance Incident Report Form must be sent to the
Office of Risk Management within 24 hours of discovering any loss or
damage to state property when it is anticipated the loss will exceed
$1,000, or if the loss is caused by a third party. Additionally, all
thefts must be reported to the University Police Department immediately.
Prompt reporting and full documentation compliance will expedite recovery
for losses incurred. Late reporting or delays in repair or replacement
documentation can delay or forfeit reimbursement. Notice of loss must
be made to the Office of Risk Management immediately upon discovery. BACK
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- Liability Coverage
Under the State Risk Management Plan, the Division of Risk Management
administers a self-insured liability program, providing tort insurance
coverage for the State, its agencies, and its employees and agents. A
brief description of the coverage is provided below:
The Plan will pay all sums, except as herein limited, or limited by
the Code of Virginia, that covered parties shall
be obligated to pay by reason of liability imposed by law for damages
resulting from any claim arising out of acts or omissions of any
nature while acting in an authorized governmental or proprietary capacity
and in the course and scope of employment or authorization. The amount
recoverable by any claimant with respect to the Commonwealth of Virginia,
its departments, agencies, or any director, officer, employee or agent thereof, shall not exceed one
hundred thousand dollars ($100,000) per claim. This limit shall not
be applicable to any claim or causes of action other than those established
by Virginia law. For claims or causes of action other than those established
by Virginia law, the amount recoverable shall not exceed two million
dollars ($2,000,000) per claim. The amount recoverable by any claimant
with respect to officers, employees and agents of the Commonwealth of Virginia, including students while participating within the authorized scope of a clinical, internship, externship, or other educational program in order to meet pedagogical requirements … shall
not exceed two million dollars ($2,000,000) per claim.
All University operations conducted on University property, in owned
and leased buildings, or at sites located away from the University
are covered for authorized University business. This coverage is usually
to provide protection for acts of negligence for which the University
and/or its employees and agents may be held legally liable. It should
be noted, however, that there may be no coverage if it is determined
that liability was incurred by reason of (a) acts of fraud or dishonesty
by the Covered Party, (b) acts of intentional, malicious or willful
and wanton misconduct by the Covered Party, or (c) criminal acts. Defense for claims, suits, actions or other proceedings covered by this plan is provided under 2.2-507 et al of the Code. Additionally, claims, demands or other actions seeking relief or redress in any form other than monetary damages, including, but not limited to injunctive relief are not covered. Liability assumed under any written contract or agreement is also not covered. Report any incidents, accidents
or unusual occurrences to the Office of Risk Management immediately. BACK
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- Foreign Liability
Comprehensive general liability coverage is provided to faculty,
staff and students performing activities on behalf of the University in foreign countries. It covers
third party general liability claims for bodily injury and/or property
damage, professional liability and automobile liability. Questions or
reports of incidents should be directed to the Office of Risk Management. BACK
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- Errors and Omissions Liability
The Board of Visitors and University officials, employees and
agents are also protected against negligent acts or omissions which result
in financial loss or damages to individuals or organizations that do
not directly relate to bodily injury or property damage. Such acts or
omissions usually result from decisions that are made by University representatives
in their authorized capacity to do so which bring about allegations of
damages incurred by a third party. BACK TO TOP
- Automobile Liability & Physical
Damage Coverage
- Liability Coverage
Executive Order 89 (2005) requires that State-owned vehicles be used strictly for official business. It also states: “Use of State-owned vehicles for commuting shall be authorized only when it is the most cost-effective or practical alternative, or as an employee’s job duties affecting public health, safety and emergency response may require.” State-owned vehicles are insured for liability coverage up to
$2,000,000 per claim for this authorized use. This means people who use University vehicles in
the scope of their employment or authorization to conduct University
business are protected up to two million dollars for negligence resulting
in bodily injury and property damage to third parties. The vehicle operator must comply with state travel regulations; notify the State Police or other authorized law enforcement organization as well as the authorized claims administrator (Crawford & Company); and cooperate fully in the investigation, defense or settlement of any claim or suit. Failure to provide such notice or to comply with state travel regulations will constitute a material breach of the Plan and could result in denial of coverage. Also, individuals
will not be covered for acts of intentional, malicious, willful and
wanton misconduct, or criminal acts in the use of a vehicle. The Plan will defend any claim, suit, action or other proceeding relative to any loss or other occurrence that may be covered under this plan.
Note: Report any incident
or accident involving State owned or leased/rental vehicles used on University
business to the State Police immediately (call University Police if accident
occurs on Grounds) and to Crawford & Co. (1-866-219-6120) – identify
yourself as an employee of the Commonwealth of Virginia. An Auto Loss
Notice must be submitted to the Office of Risk Management within 24 hours
of an accident. Occupants’ personal possessions are not covered
by this insurance if lost or damaged in State vehicles.
BACK
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- Physical Damage Coverage
With regard to physical damage coverage, the University maintains
a combination insurance/self-insurance program to pay for damages to
University owned vehicles. Departments have the option of insuring their
vehicles in this program if the actual cash value of the vehicle is less
than $5,000. However, all vehicles valued at $5,000 and above must be
insured through the University’s self-insurance program to pay
for damages to these vehicles. The department having responsibility for
the vehicle must pay the first $1,000 of loss for each claim. A description
of accident procedures should be located in each State vehicle (see “note” under
the Liability section 3.1 above). BACK TO TOP
- Personal Vehicles
When an employee of the University is driving his or her personal
vehicle on University business, the State’s automobile insurance
plan applies only after the limits of liability on the employee’s
personal auto policy have been exhausted. The State policy, however,
does not apply toward physical damage to personal vehicles. Individuals
should have physical damage coverage, such as comprehensive and collision,
on their personal vehicles if they want insurance coverage for damages
they may incur. BACK TO TOP
- Rental Vehicles
When an employee of the University is driving a rental vehicle
on University business, the State’s automobile insurance coverage
applies only after the rental agency’s liability coverage is exhausted.
The University's self-insurance program will respond to physical damage incurred by leased vehicles. Starting on 7/1/07, vehicles will be covered through a combination of self-insurance and the State’s LeaseCare program. The department having responsibility for the vehicle must pay the first $1,000 of loss for each claim. Use of credit cards providing coverage for damages to rental vehicles, such as the University travel and purchasing cards, when used to book and pay for vehicle rentals is a potential source of coverage for rental vehicle damage including the $1,000 departmental deductible. However, use of a credit card to pay for damage to a rental vehicle will jeopardize coverage through the State or University's coverage programs.
Employees should not buy additional
insurance offered by the car rental agency if on University business
because its purchase is not reimbursable. However, this does not apply
to leasing vehicles in a foreign country. When leasing vehicles in another
country, except for Canada, it is advisable to purchase liability and
physical damage insurance at the time the vehicle is rented. Purchasing
insurance in the foreign country where the vehicle is to be used makes
the handling of automobile claims much easier. (This vehicle insurance cost will be reimbursable when leasing vehicles in foreign countries.)
If an accident occurs in a rental car, immediately call the police,
the rental agency and Crawford and Co. (1-866-219-6120). The driver should
indicate that he or she is an employee of the Commonwealth of Virginia.
An Auto Loss Notice should be faxed to (434) 982-2635 to the Office of Risk Management, hand-delivered to 2400 Old Ivy Rd. Suite 181, or messenger mailed to P.O. Box 400205. Contact the Office of
Risk Management with coverage concerns when renting vehicles or driving
state vehicles in a foreign country. BACK TO TOP
- Professional Liability
Health care professionals, residents, house staff and health care professional
students are provided medical malpractice coverage for those acts or
omissions arising out of the course of their employment or authority.
As of July 1, 2006 the amount recoverable by any claimant for claims involving an act or
acts of medical malpractice shall be limited to $1,850,000 for each medical
incident. Be advised that per the Virginia Code (Section 8.01-581.15),
the medical malpractice cap will increase again on July 1, 2007 to $1,925,000. On July 1, 2008 the cap will increase to $2,000,000.
The July 1, 2008 increase will be the final annual increase in the medical
malpractice cap, unless new legislation is passed in the future. Coverage
is not provided for non-University activities, nor is coverage provided
to medical faculty under contract with the University to bill for services through the Health Services
Foundation.
Report all medical incidents, claims or potential malpractice claims
arising out of Medical Center Operations immediately to Medical Center
Risk Management (reference Medical Center Policy 132 for further information
for reporting such incidents). BACK TO TOP
- Aircraft Coverage
The University maintains aviation liability insurance on its owned aircraft
to cover bodily injury and property damage for up to $25,000,000 per
occurrence, including passengers (excluding employees covered by workers’ compensation),
arising out of the ownership, maintenance or use of its aircraft. Owned
aircraft are also insured for all risk physical damage coverage to the
aircraft. BACK TO TOP
- Watercraft Coverage
The University maintains marine insurance to provide hull and related
equipment coverage to pay for physical damage to its owned watercraft
over 26 ft. in length that are licensed to operate in open waters. BACK
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- Workers’ Compensation
Workers’ compensation provides statutory coverage for employees’ injuries
during the course of their employment. The Department of Human Resources
administers the program and questions should be directed to that department’s
Benefits Office. Questions regarding workers’ compensation for
employees in the Medical Center should be directed to Medical Center
Employee Relations. BACK TO TOP
- Blanket Fidelity/Crime Bond
The Blanket Fidelity/Crime Bond is a State insurance program. Employee dishonesty is considered to be a criminal act committed by an employee acting alone or in collusion with others. There must be a manifest intent by the employee (a) to cause the Commonwealth to sustain a loss and (b) to obtain a financial benefit for the employee or someone the employee seeks to benefit. Coverage protects against loss of money, securities and property other than money and securities. Coverage for dishonest acts applies to all officials and employees of the Commonwealth. The bond limit is $500,000 and the
University maintains two million dollars ($2,000,000) of excess insurance
above this amount. Notify the University Police, the University Internal
Audit Department and the Office of Risk Management within 24 hours of
discovering a loss. BACK TO TOP
- Comprehensive Crime Policy
The State program covers the University’s loss of money, securities
or checks by actual destruction, disappearance, forgery or wrongful abstraction
(robbery or theft), either on premises or in transit. The policy does
not cover failure of employees to provide faithful performance or employee dishonesty (see section 8, Blanket Fidelity/Crime Bond). There is a $1,000 deductible
per claim, which is the responsibility of the department incurring the
loss. The limit of crime coverage provided by the State Plan is $300,000
per loss. The University maintains excess crime insurance
above the State’s limit in the amount of $2,000,000. Notify the
University Police, the University Internal Audit Department and the Office
of Risk Management within 24 hours of discovering a loss. BACK
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- REMOTE ACCESS TELEPHONE FRAUD
The University maintains Telephone Fraud insurance coverage for those
situations where unauthorized individuals gain access to the phone system
from a remote location in order to gain access to outgoing long distance
telephone service, which results in a financial loss to he University.
The maximum this policy will pay in any policy year is $300,000. There
is a $10,000 per claim deductible with a maximum per year deductible
of $30,000. Report all claims or potential clams immediately to the University
Police, the University Internal Audit Department and the Office of Risk
Management. BACK TO TOP
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