UCLA Procedure 300.1 : General, Auto and Employment Practices Liability Insurance, Claims and Lawsuits
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I. REFERENCES
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UCLA Policy 300, University Insurance and Risk Management;
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UC Business & Finance Bulletin BUS-39, Loss of or Damage to Property of Individuals;
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UC Business & Finance Bulletin BUS-75, General Liability, Automobile Liability and Employment Practices Liability Self-Insurance Program, has been rescinded. For general information see BUS-81;
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UC Business & Finance Bulletin BUS-9, Professional Medical and Hospital Liability Self-Insurance Program, has been rescinded. For general information see BUS-81;
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UC Business & Finance Bulletin BUS-28, Property Self-Insurance Program, has been rescinded. For general information see BUS-81;
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UCLA Procedure 303.1, Medical Malpractice Suit Settlement.
II. STATEMENT
The General, Automobile Liability and Employment Practices Liability Self Insurance Program is designed to provide coverage for certain tort liabilities of the University arising from its operations.
III. DESCRIPTION OF COVERAGE
A. What is covered?
This program will pay on behalf of The Regents all sums which The Regents shall be obligated to pay by reason of liability imposed on The Regents by law or assumed under a contract or agreement while acting on behalf of the Regents for damage from an occurrence resulting in or as a result of bodily injury, personal injury, property damage, employment practices wrongful acts or other losses further described in BUS-75.
B. Who is covered?
The Program covers The Regents, officers, servants or employees and other entities specifically designated in BUS-75, while acting within the scope of their employment by The Regents. It also covers any person or entity for whom The Regents assume liability, but only to the extent and amount for which The Regents assume liability.
This coverage extends to persons using an automobile owned by The Regents or persons using a hired automobile as defined in BUS-75, both as used within the guidelines specified in BUS-75 and with the permission of the University.
C. Exclusions
Excluded are injuries to employees and medical malpractice and other exclusions as stated in BUS-75. Employee injuries are covered under Workers’ Compensation. Questions should be directed to the injured employee’s department. Medical malpractice insurance is administered by Medical Risk Management in hospital administration (310) 794-3500. For further information see UCLA Procedure 303.1, Medical Malpractice Suit Settlement.
IV. PROCEDURES
A. Handling Claims
RESPONSIBILITY |
ACTION |
Employee served with lawsuit | Immediately forwards lawsuit to the OIRM if:
The name, title and telephone number of the person served, and the date, time and method of service (mail or personal service) should be included in the cover memo. |
OIRM | Forwards the suit to the Office of The General Counsel (OGC), who will advise the Office of the President of the suit. The lawsuit will be sent to defense counsel hired by the University. |
Defense Counsel | Contacts the employee who was served with the suit and acts as that person’s attorney in the matter. |
OGC | If there is any question as to whether the University owes defense and indemnity to the individual sued, so advises the individual in writing. |
B. Handling Lawsuits
RESPONSIBILITY | ACTION |
Claimant or entity such as a Department | Phones or writes to the UCLA Office of Insurance and Risk Management (OIRM) and reports the claim. |
OIRM | Reviews the claim and processes it for handling by the University's Third Party Administrator (TPA). If necessary, contacts the claimant or reporting entity for additional information, such as dates, times, places and names of persons to contact. |
Sends all information, reports, and pertinent documents to the TPA and acts as a facilitator in communications between UCLA personnel and the TPA. | |
TPA | Investigates the claim, advises OIRM of its findings and conclusions, and with the authority of OIRM, settles the claim directly with the claimant. |
Notifies OIRM of the action taken. |
OIRM acts as the intermediary between defense counsel and campus personnel when the assigned attorney must contact personnel. The TPA performs an investigation as required by defense counsel and may also contact UCLA employees in the course of the investigation. University personnel should always contact OIRM before providing outside persons with information, statements or documents, unless OIRM has previously advised the employee to cooperate with the specific individual.
ISSUING OFFICER
/s/ Morabito, Sam
Administrative Vice Chancellor