| The
liability coverage available depends on when the claim or cause
of action accrued, and the forum in which the claim or cause of
action is filed.
Professional
Liability Insurance
The
Board of Regents of the University System of Georgia has a self-insured
Professional Liability Plan. This plan covers liability that results
from acts or omissions of employees of the University System of
Georgia when those employees are acting within the scope of their
employment.
There
are five layers of coverage under this plan. The first layer covers
claims up to $250,000.00 and is provided by the Professional Liability
Fund of the Board of Regents. The second layer, which includes $4,750,000.00
excess coverage, is provided by the Liability Insurance Reserve
Fund of the State of Georgia. Each of the next three layers provides
$5,000,000.00 excess coverage under commercial liability policies
purchased by the state. This plan applies to state court claims
that accrued on or before January 1, 1991. It also applies
to all federal court claims, regardless of the date the claim accrued.
Georgia
Tort Claims Act
The
Georgia Tort Claims Act waives the state's sovereign immunity for
certain torts committed by its officers and employees who are acting
within the scope of their employment. The Act limits the amount
of recovery to no more than $1,000,000.00 per person, and the state's
aggregate liability for one occurrence may not exceed $3,000,000.00
This Act applies to state tort claims that accrued after January
1, 1991. It does not apply to federal court claims. For more
information, see Overview
of the Georgia Tort Claims Act.
Vehicular
Liability Insurance
The
University purchases liability insurance for all University-owned
vehicles, specific vehicles that are leased for thirty days or longer,
short term leased vehicles, and specific Federal vehicles operated
by University employees. Historically, this insurance coverage has
not been extended to an employee's personal vehicle even when that
vehicle is used for state business. With the enactment of the Georgia
Tort Claims Act, however, it appears that there is coverage under
that Act for claims filed in state courts involving an employee's
personal vehicle when that vehicle is being used for state business.
Caution is advised in this area, however, because this issue has
not been ruled on by any court.
There
are several layers of coverage under this plan. The first layer
covers claims up to $500,000.00 excess coverage, is provided by
the Liability Insurance Reserve Fund of the Sate of Georgia. This
layer covers student drivers or non-University employees only if
they are participants in an organized volunteer program established
by The University of Georgia. The final layer of coverage is provided
by an excess liability policy of $25,000,000.00 purchased by the
State of Georgia. Note: This layer does not cover student drivers,
non-University employees, or personal vehicles. Claims under
the Tort Claims Act would be subject to the $1,000,000.00/$3,000,000.00
limitation.
This
description of the University's liability insurance coverage is
intended to provide a general overview. Should there be any conflict
between this description and the actual insurance agreements, the
actual agreements will prevail.
Guidelines
for Use of 15 Passenger Vans to Transport Youth or Adults During
Extension Program Delivery
In the interest of safety for youth and adult participants in Extension
programs, the
evaluation and regulation of the use of 15-passenger vans is critical.
Federal law prohibits the sale of 15-passenger vans for school related
transport of high school and younger students. The National Highway
Traffic Safety Administration (NHTSA) has issued warnings to users
of 15-passenger vans due to increased roll over risks under certain
conditions. It has been determined that risks increase significantly
when vans carry more than 10 passengers. Because of these risks,
it is important that 15- passenger vans are operated by experienced
drivers who are familiar with the handling characteristics of these
vehicles. Participation in defensive driving courses is recommended
where such courses are available.
If
you utilize a 15-passenger van in the delivery of Extension programming,
the following
guidelines must be followed:
- Occupancy
of 15-passenger vans must be limited to 10 people including the
driver.
- Seatbelts
must be worn by all occupants at all times. The number of passengers
in
the van can not exceed the number of seat belts available.
- 15-passenger
vans must not be driven over 65 miles per hour.
- Roof type
luggage carriers are not to be added to a 15 passenger van.
- Vans are
to be driven exclusively by experienced drivers who are licensed
according to state law and have in their possession a current
and valid driver’s
license.
- No alcoholic
beverages may be consumed in a van used for University of Georgia
Cooperative Extension program delivery.
These guidelines will apply to all operators (volunteers, county
and state employees) of
vans carrying participants in Extension programs regardless of the
ownership of the
vehicle.
If you have questions, please call your District Extension Director.
Procedure
for Handling Legal Documents
Any
University employee who receives, either through the mail or personal
service, a subpoena, summons, lawsuit, or other legal document related
to his/her employment must immediately forward that document to
the office of Legal Affairs. Failure to comply with this directive
could result in the forfeiture of the right to be represented by
the Attorney General's office or to be covered by the board of Regents
Professional Liability Plan. We ask your cooperation in ensuring
that employees in your units comply with these procedures. |
