Medical Professional and Premises Liability

The exposure of professional liability as related to medical facilities or practitioners within the State University System is specifically exempt from coverage by the Florida Casualty Insurance Risk Management Trust Fund with the exception of Student Health Care Centers. The Trustees may elect, under Florida Statutes to operate a program of self-insurance, commercial insurance or a combination thereof, to provide financial protection for damages that may arise from medically related operations. 

The following approaches are currently in operation at UNF: 

• State University System Student Health Care Centers 
• Professional Liability Insurance for Students of the Health Occupations (A rider on this policy covers faculty as well).

Summary of Coverage

Commercial insurance policy affords coverages for Individual Professional Liability. The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of injury arising out of the rendering of or failure to render, during the policy period, professional services by the individual insured, or by any person for whose acts or omissions such insured is legally responsible, except as a member of a partnership, performed in the practice of the individual insured’s profession or as in the declaration of the policy.

Specific details of the policy may be obtained from EH&S. 

Premium Basis 

Premiums for the self-insured portions of the programs are determined by the actual loss experience. 

Premiums for the excess coverage portions of the Programs are established by the insurance carrier at the inception of the insurance and are set charges. 

GENERAL LIABILITY 

Liability is based upon responsibility and may stem from any of three broad conditions. First, it may be created by criminal behavior or acts by one party against another. In this instance, liability arises from violation of law or public policy resulting in injury to other parties. Second, legal responsibility may be established by a contract that also determines the basis for determining financial liability, frequently including a measure of damages. Third, there are tort liability situations, in which the negligent actions of an individual (personally as well as in a university context) may give rise to bodily injury, including injury to such intangibles as reputation or income expectations, or injury to property. 

The University of North Florida will report all general liability claims, including bodily injury, property damage and automobile liability, to the Division of Risk Management and University General Counsel via email. 

Liability insurance coverages are generally divided as follows: 

Premises-Operations Liability includes hazards of bodily injury and property damage for the existence of premises owned, leased or rented, and direct business operations. 

Owner’s or Contractor’s Protective Liability includes hazards of contractors on the Insured’s behalf (as opposed to direct operations). 

Products and Completed Operations Liability includes hazards of bodily injury and property damage incurred by reason of products sold and operations after completion. 

Contractual Liability includes hazards of bodily injury and property damage for liability assumed under contract, as opposed to liability imposed by law. 

Professional Liability includes hazards for liability for claims growing out of professional services rendered. 

Personal Injury Liability includes hazards of liability for “personal” injuries as opposed to “bodily” injuries, such as liable, slander and false arrest. 

THE MOST COMMON TYPES OF LIABILITY ACTIONS INCLUDE: 

Bodily Injury - The most common liability action has been associated traditionally with responsibility for property operation. The normal risks of accident or incident arising out of negligence, or poor maintenance, relate to physical injuries incurred in the use of facilities. 

Injury from a fall on the stairs, tripping on the elevator threshold or falling on a cracked sidewalk suggests negligence to the extent at least of failure to provide proper lighting, proper warning, or security measures designed to prevent accidents. Physical or bodily injury from such incidents results in medical costs, and may cause loss of income. In such situations, a tort action may enable the injured party to recover losses and a financial penalty, representing out-of-pocket costs, loss of wages, and compensation for pain and suffering. 

PROPERTY DAMAGE

Responsibility for property damage incurred in such incidents also has been associated with such actions. Where responsibility is established, legal liability follows, and a claim for recovery of the losses may be expected. Damage to clothing, other personal items, building, and other objects fall in this area; where legal liability is established, there is a basis for recovery. In addition, when the institution assumes responsibility for care of personal items, as in parking lot or checkroom, there may also be responsibility as a bailee for damage to or loss of such articles as are accepted. 

PERSONAL INJURY

A recent trend has been to require settlement in an increasing number of incidents involving injury to persons ranging from actual bodily injury to such intangibles as reputation, income or professional expectations; injury also may be alleged from copyright or patent infringement, and false arrest. Financial liability for costs of personal injuries as a result of malpractice, professional judgment, slander, deprivation of privacy, and so on, is of growing significance to universities. As the courts extend the areas in which personal injury can be established, the potential is further magnified. 

FEDERAL CIVIL RIGHTS

General Liability Coverage Agreements extends coverage to all claims in Federal Courts under 42 U.S.C., S. 1983 or similar Federal Statutes. 

The University of North Florida will email a report to the Division of Risk Management, all written notices of intent to sue for FCR and employment actions claims and lawsuits where an answer or response is due. If involved in an employment discrimination case before the FCHR or EEOC, the University will provide the Division of Risk Management with the charge and its official response pursuant to section 284.385, F.S. The University will notify the Division of Risk Management when it wishes to have the Division participate in a pre-suit settlement.  

The BOT is authorized to provide insurance coverage to act as a self-insurer at its discretion under Florida Statutes. Due to the breadth of the responsibilities and the resultant risks in university system operations, the BOT has maintained the position of immunity from suit as an agency of the State until July 1, 1974. Additionally, F.S, allows the BOT to defend suits against individuals performing within the scope of assigned duties. 

Coverage 

The 1974 Legislature of Florida waived the defense of governmental immunity effective July 1, 1974, and charged the Department of Insurance to administer a program of self-insurance to protect against financial loss arising from actions of the agencies of the State with the exception of Professional Medical Liability of the Board of Trustees and Nuclear Energy Liability. Student Health Centers are not excluded. 

The Coverage is Administered by: 

Department of Insurance Division of Risk Management 

State Liability Claims 

200 E. Gaines 

Tallahassee, Florida 32319 

Coverage: Bodily Injury and Property Damage 

Combined Limits - $100,000 per person/per claim 

200,000 per occurrence (Limits established by Florida Statutes) 

This coverage is provided for all operations under the jurisdiction of the BOT except as to covered separate programs for medical related operations. 

Premium Basis

An annual advance premium assessment is charged based on a rate per allocated position. At the close of each coverage period, an audit will be made and the premium assessment adjusted to recognize actual experience during the period. 

Claims Processing

When EH&S is contacted by a claimant and advised a claim is being made, the following information is collected: 

1. Name of claimant(s), address(es), and age(s) 
2. Nature of Claim - Injury to property or bodily injury 
3. Date of accident and exact location 
4. Description of the circumstances of the accident 
5. Names of any witnesses to the accident or event 

This information is submitted on General Liability Loss report, Form GL-1 and referred to State Liability Claims, Department of Insurance. 

When an agency has knowledge of an incident that may develop into a claim, form GL-1 is to be filed as soon as possible. Upon receipt of the report, a representative from Risk Management will contact the EH&S if additional facts are needed and to determine what further action is necessary or desirable. 

When suit is instituted, the University shall immediately forward every demand, notice, summons, or their process received for assignment to defense counsel. 

Claim investigations and settlement negotiations will be conducted or supervised by Risk Management. 

Note: All claim forms are to be requested from the Division of Risk Management.