INSURANCE AND LIABILITY OVERVIEW Policies • Board Policy – We affirm and subscribe to the principles that the University of Missouri has an inescapable obligation to furnish facilities and an environment that will provide reasonable protection from injury and property damage for employees, students and the public and to be a good steward of funds coming into its possession and to preserve its assets. • Defense & Protection Policy Collected Rules and Regulations Benefit Plans Chapter 490: Defense and Protection 490.010 Defense and Protection of Employees Bd. Min. 5-3-85; Bd. Min. 7-13-00. A. Defense and Protection -- Defense and protection against loss, damage or expense will be provided to: 1. Employees -- An officer, faculty member, or other employee of the University of Missouri in connection with any claim or suit allegedly rising out of the performance of duties for, or employment with, or by the Curators of the University of Missouri, a public corporation; and 2. Students -- A duly enrolled student at the University of Missouri in connection with any claim or suit allegedly arising out of the performance of duties as a member of a University of Missouri committee to which the student has been appointed by a duly authorized University of Missouri administrative officer, subject to the following conditions. 3. Volunteer-- A duly authorized volunteer of the University of Missouri in connection with any claim or suit allegedly arising out of the performance of duties of volunteer service for the University of Missouri or the performance of duties as a member of a University of Missouri committee to which the volunteer has been appointed by or requested to provide the services by a duly authorized University of Missouri administrative officer, subject to the following conditions. 4. Such an officer, faculty member, employee, authorized volunteer, or student who, individually or with others, is named a defendant in legal actions or proceedings submits a request for such defense and protection to the President. a. Such a request shall include: (1) A brief description of the circumstances surrounding the incident giving rise to the legal action; (2) Documentation to verify that the named individual was acting within the scope of his or her official duties at the time of the incident; and (3) A copy of the summons or petition served on the named individual. b. The President determines that the named individual was acting in good faith and within the scope of his/her employment or authority. c. Such defense or protection is legally permissible.

d. No protection will be provided if a court determines that the action arose out of malfeasance in office or willful or wanton action or neglect of duty. B. While such defense and protection normally will be provided by insurance maintained by the University, this policy applies without regard to the availability of insurance coverage. If the initial determination is made by the President that the named individual is entitled to defense, it shall be provided either by insurance or by the General Counsel or by an outside counsel appointed by the General Counsel on behalf of the individual.

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Certificate of Insurance Does three things – Provides evidence of insurance coverage – Shows if you are an “Additional Insured” and other requirements – Shows amounts and effective dates of coverage – Certificates must be tracked to make sure the renewals meet the standards of the University of Missouri SUGGESTIONS FOR BEST PRACTICES 1.

Once the event is underway and something happens where there is property damage or personal injury, be sure to see that medical treatment is offered or that transportation (is an ambulance needed?) to receive medical care is provided to anyone who is injured.

2.

Gather all the facts that you can. a. b. c. d. e. f. g.

Get the names and addresses of people injured; Get the names and addresses of people who witnessed the events; Take pictures of anything relevant; Take statements from the people who suffered injury and any witnesses, or get a description of the event from the witnesses/person in charge; Talk with the individuals in charge of the area where the event occurred and determine: Try to find out if there are any extenuating circumstances; Did the injured individual do anything to contribute or cause the injury?

3.

If you generate a report, don’t assess fault or blame in the report.

4.

If what you experienced leads you to suggest improvements, do what you can to adopt those improvements for the next event.

5.

Let Ed’s office know about an event that might give rise to potential liability as soon as possible. Incidents involving serious injury or potential abuse should be reported immediately.

6.

If you have questions, don’t hesitate to ask. You are always welcome to call RIM at 573-882-8100.

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