Table of Contents

• Purpose
  
• Forms
  
• Introduction
  
• Coverage
  
• Claims Processing
  

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Purpose

General Liability - Provides coverage for the University when negligent acts and/or omissions result in bodily injury and/or property damage to a third party. This insurance is mandatory and provided by the DFS.

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Forms

Format			Form Number	Form Name
web	doc	pdf
			EHS 2-1	General Liability Form

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Introduction

The Florida State University employees and facilities are covered under the State's General Liability Insurance Trust Fund. This insurance offers broad coverage to insure that no officer, employee, or agent of the University shall be held personally liable in tort for any injuries or damages suffered as a result of any act, event or omission of such action in the scope of his employment or function.

This coverage does not extend to instances where the person(s) acted in bad faith or with malicious intent or in a manner exhibiting wanton and willful disregard of human rights, safety or property.

The most common types of action under this coverage are listed below:

• Bodily Injury

  Injury to person(s) arising out of negligence, or poor maintenance, of University property. This could include failure to provide proper lighting, proper warning or security measures designed to prevent accidents. Such action does not excuse an individual from failure to exercise appropriate care when hazards are obvious, but does imply an obligation for University employees to notify Maintenance, Grounds, or other responsible departments when obvious hazards, which may lead to loss, are identified.

• Property Damage

  Responsibility for property damage incurred in such incidents may be associated with liability actions. Where responsibility for loss is established, legal liability follows, and a claim for recovery of the loss may be expected.

• Personal Injury

  There is a current trend toward requiring 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, etc., 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

  Endorsement No. 1, dated July 1979 extends coverage to all claims in Federal Courts under 42 U.S.C., S. 1983, or similar federal statutes.

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Coverage

The 1974 Legislature of Florida waived the defense of governmental immunity, effective July 1, 1974. The Department of Insurance was charged to administer a program of self-insurance to protect against financial loss arising from the agencies of the State, with the exception of Professional Medical Liability at Medical Schools under the Board of Trustees and Nuclear Energy Liability. Student Health Centers were not excluded, therefore, the Student Health Center, its employees and facilities, are included under coverage through the State of Florida General Liability Self-Insurance Trust Fund. All employees of the University are covered, provided they act in good faith in the performance of their duties.

The limits of coverage under this insurance are $100,000 per person per claim and $200,000 per occurrence, as established by Chapter 768.28, Florida Statutes.

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Claims Processing

When an employee is contacted by a prospective claimant, or when an employee observes an incident which may result in a claim, he/she should immediately notify the Insurance and Claims Manager, Department of Environmental Health and Safety. Employees should not accept fault on behalf of the University.

The following information should be noted for future reference:

• Name of Claimant(s), Address(es), and Age(s)
• Nature of Potential Claim (Damage to Property or Bodily Injury)
• Date of Accident and Exact Location
• Description of the Circumstances of the Accident; and
• Names of any witnesses to the accident or event.

Notes should be made of any other information which may be of value to the Insurance and Claims Manger, or to an insurance adjustor.

The Insurance and Claims Manager, will assist all claimants in completing a General Liability Loss Report (claim form), and will submit it to the Department of Insurance for action.

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