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General Liability

All State employees and agents are protected from simple negligence claims with the following provisions:

• Employee must be acting within the scope of employment. Negligent act must not be a willful disregard for safety or a wrongful (illegal) act.
   
• This protection includes both general and professional liability and includes: preparation of a defense by the state Attorney General’s Office, court costs, and the settlement of the claim.
   
• Preparation of a defense by the state Attorney General’s Office, court costs, and the settlement of the claim.
   
• LWU’s faculty and staff are bonded for handling funds up to $500,000 per occurrence.

What can LWU faculty and staff do to reduce the University’s exposure:

• Exercise professional care when planning and executing an event or project.
   
• Anticipate mishaps and take appropriate precautions.
   
• Quickly report any incident to the University’s “Risk Manager”.

(434.395.2093)

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Property

All University property, and property under the care, custody, and control of LWU is covered, including leased property. There is a $1,000 per incident deductible, which the responsible department incurs.

Whenever property is on loan to LWU the following information is provided on the Property on Loan to LWU form (including personal property of a faculty or staff member used by the University), information concerning its description, identification (make, model, serial number, etc.) and value must be sent to the Risk Manager. Any loss or damage must be documented and must have been the result of an identifiable, unexpected event (not simply neglect or being misplaced).

Process for lost or damaged property:

1. Contact University Police (395-2091) for lost or stolen property- police report required. Incident report required for damaged property.
    
2. Provide proof of original ownership by department: copy of original purchase order or copy of fixed assets inventory or memorandum from department head stating that property was located in that department, estimated purchase date, estimated cost, and brief description.
    
3. Replace/repair property-provide copy of purchase order and invoice to Risk Management office.
    
4. Above documents must be forwarded to the University’s Risk Manager for claim reimbursement.
   
   Note:  Personal property, such as books, photographs; briefcases and the like are not covered by the State’s Risk Management Plan. The individuals personal homeowners/renters insurance may cover those losses.

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Faithful Performance Bonds

Cash and financial accounts of the University are insured for both theft and fraud by LWU employees. This insurance carries no deductible. In the event that theft or fraud is suspected, the University Police must be notified. In turn, the State Police will investigate the matter. To activate the bond, the State Police must name the probable culprit (an employee). Sustaining the charge is not material to the filing of the insurance claim.

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Contractual Transfer of Liability (Indemnity)

When negotiating agreements with external organizations, due care must be taken to protect LWU’s resources: human, physical, and financial. When external organizations use LWU facilities, they must:

• Indemnify the University in the cases of any claims,
   
• Replace or repair any damaged or lost LWU property, and
   
• Should have insurance coverage(s) with a carrier that is licensed to do business in Virginia.

The University cannot enter into a contract in which we agree to indemnify, hold harmless, or name another party as an additional insured without the prior approval of the Governor. In cases where the other party requires LWU to protect them against law suits, the Attorney General recommends that the University only agree to be responsible for the acts or omissions if its agents cause harm to a third party.

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Vehicle Insurance & Accidents

Persons operating a State –owned vehicle, rented or leased vehicle when conducting University business, have liability coverage in the case of an accident. The driver must report all accidents to the following:

• Off-campus accidents to the State Police or
   
• On-campus accidents to the University Police
   
• Longwood University’s (LWU) insurance carrier
   
• LWU”s Transportation Officer
   
• Department Supervisor

When driving a personal vehicle on University business, the operators automobile insurance provides the primary coverage.

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If You Have an Accident

• Stop Immediately: Take all necessary precautions to prevent further accidents at the scene.
   
• Send for Help. Do Not Leave: Ask a passing motorist or some other person to contact State Police or call 911.
   
• Get the Names of Witnesses: Fill out an accident report form and notify your supervisor within 48 hrs.
   
• Do Not Make a statement of any kind to anyone other than your employer, a law enforcement officer or a representative of Crawford and Company Insurance

Crawford and Company
1-866-219-6120
24 hours

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Insurance for (Summer) Activity Program Participants

All Longwood University departments conducting summer camps or day activities are encouraged to obtain limited health and accident insurance for participants. Coverage is arranged through the Office of Risk Management and premiums are paid from the registration fee or program funding source. Coverage is in the form of a “camper policy” and provides limited benefits that are secondary to any other group insurance policy or repayment plan in force for the covered person. The policy covers only initial treatment expenses that are not covered by the participant’s health insurance plan, such as deductibles or co-payments, and is not intended to provide full coverage.

Departments sponsoring the programs are responsible to notify Risk Management (395-2093) in advance, request insurance coverage and authorize a budget to be charge for the premium. In the event of an injury, it is the responsibility of the injured party to file a claim within 30 days of the incident. Claims for expenses incurred in connection with a covered accident or illness are filed through the insurance company’s or through the Longwood University Risk Management Office.

In advance of the activity or event, the department sponsoring the activity or event:

• Completes an Quotation Request Form forwards it to the Risk Management Office ( Bristow Bldg. Room 218 or FAX 395-2246).
   
• Activity Program Insurance Request and forwards it to the Risk Management Office ( Bristow Bldg. Room 218 or FAX 395-2246). Information on this form includes the date, location, type of event, number of expected attendees, the responsible administrator, request for insurance coverage and authorizes the budget to be charged.
   
• Obtains a signed Acknowledge of Risk and Release and Health Statement from every participant (signed by the parent or legal guardian of minors). These forms should be retained in the sponsoring department and made available to Risk Management or to the insurer upon request.

During the activity or event, the department sponsoring the event should log all accidents or illnesses, identifying the injured or ill participant and documenting the circumstances, the date and time, the response provided and by whom. Accidents that require medical attention should be reported to the Safety Office, (phone # 434.395.2940, rjohnson@longwood.edu  and to the Risk Management Office (434-395-2093), jsimpson@longwood.edu  or by Fax to 395-2246.

After the activity, the program director files a completed Activity Report with the Longwood University Risk Management Office.

Filing of Claims:

• In the event of accident or illness, it is the responsibility of the injured party (or his or her representative) to file a claim. Claims must be filed within 90 days of incurring expenses for treatment of a covered accident or illness.
   
• The participant, or his or her parents, should complete the claim form and forward it, together with copies of invoices for treatment, to the Risk Management Office, Longwood University, Bristow Bldg, 201 High Street, Farmville, VA 23909. Providing all information requested on the claim form will expedite claims processing.

Claims procedures require that the University attest that the individual for whom the claim is files was registered in the program. A representative of the University must sign the claim form on the line marked “Signature of Designated, Responsible Official”, confirming that the claimant was a participant in the program. The Risk Management Office will seek this confirmation from the program director before forwarding the claim to the insurance carrier or agent. It is therefore necessary that the program maintain a record of all injuries so that this record can be referred to in the event a claim is filed.

In the event the claim forwards the claim directly to the insurance agent or carrier, the agent or carrier will contact the University for any required additional information such as verification that the claimant was a participant.

In addition to confirmation that the individual is a program registrant, the claim form requires information as to inquire whether or not the participant has other insurance coverage.

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Property Reported as Lost or Damaged

The purpose of this memorandum is to facilitate the submission of an insurance claim for lost or damage property. All LWU property (including property that is under its care, custody, and control) is covered for replacement value. There is a $1000 deductible per incident which must be assumed by the department having custody of the property. In cases where several departments lose property due to the same incident, such as a fire, the $1000 deductible is pro rated among the various departments.

The replacement value policy means that our insurance carrier will pay whatever it costs to restore the lost/damaged item to its previous state. There is no adjustment for depreciation. In the event, a department wants to up-grade a lost item, the insurance carrier will pay for only what it would have cost to replace the items, and the department pays for the difference. Our insurance also pays for rental property if it’s necessary for continued operations until the lost/damaged property can be restored.

Our insurance carrier requires certain documentation to establish that the property was lost/damaged due to an accident or unexpected event: fire, theft, water, lightning, vandalism, or the like. The carrier also requires proof that the lost/damaged item has been restored. LWU’s Risk Manager gathers and submits them along with a claim for reimbursement. The items starred below are things that require completion prior to the Risk Manager submitting your claim:

PROPERTY LOSS/DAMAGE REPORT: CLAIM#

• Excluded from Insurance Coverage. This claim, as written, does not specify an accidental loss. LWU’s property insurance policy excludes the following perils: (1) Dishonesty on the part of LWU or any employee to whom the property is entrusted, (2) Unexplained losses, (3) Mysterious disappearance, or (4) Losses or shortages disclosed on taking an inventory.
   
• *** Police Report. All stolen property must be reported to, and investigated by, the LWU Police Department. A copy of their report is sent to the Risk Manager and will be included with the insurance claim. Please notify the Longwood University’s Police (395-2091).
   
• *** Explanation of the Loss/Damage. If the Police Report or other sources do not fully explain what occurred, it may be necessary for the faculty/staff member claiming the loss to prepare a short statement regarding how the damage/loss occurred, persons involved, a complete description of the property, and the steps taken to recover from the loss.
   
• *** Proof of Ownership. The specific lost/damaged item must be identified along with its modifications (as with computers). Proof can be shown with a copy of a purchase order or a copy of the most recent Fixed Assets Office’s inventory of your department’s property.
   
• *** Proof of Replacement. Proof can be demonstrated with a copy of the purchase order or similar document. It should include all the modifications. In the event, the replacement item is not the same as the lost item, the vendor or other authority should indicate that the new item is functionally the same. Or, if there has been an up-grade, there should be an annotation as to what features (and the related costs) constitute the up-grade. For computers, please include the old and new specification lists.
   
• *** Repair Bills. It is necessary that the bill indicate specifically what service was performed and/or what parts were provided. Further, the bills must state the purpose for the work and the item(s) repaired. In the event the bill covers several items, please annotate those portions of the bill applicable to the insurance claim. “For Services Rendered” bills won’t support a claim.