General Liability Insurance Coverage
General Liability Insurance Coverage
Comprehensive Liability Insurance
The BRIM Comprehensive Liability Insurance policy provides coverage for WVU in the amount of $1,000,000 per occurrence. This policy consists of (5) separate sections.
A. Comprehensive General Liability Insurance
B. Personal Injury Liability Insurance
C. Professional Liability Insurance (including Medical Malpractice)
D. Stop Gap Liability Insurance
E. Wrongful Act Liability Insurance
Questions concerning coverage contained in each of these sections should be directed to Risk Management.
Medical Payments is a limited amount of insurance coverage designed to pay for the medical expenses of a person (not employee) injured on the insured’s (WVU) premises, regardless of fault. The BRIM Comprehensive Liability Policy does not provide this coverage for state agencies. Injured persons must file a liability claim against WVU and WVU must be found negligent before the medical expenses of the injured person will be paid. WVU employees injured on the job are expected to file workers compensation claim with the Medical Management Unit within the Department of Talent and Culture.
WVU employees , (faculty and staff) are insured under all sections of the Comprehensive Liability Policy “ while acting within the scope of their duties ”.
Volunteers are identified as insured under the BRIM Comprehensive Liability Insurance Policy. However, BRIM does not provide a definition for “volunteer”. Questions regarding possible coverage should be directed to Risk Management.
Student teachers are provided liability insurance coverage “while acting within the scope of their duties”.
Students (who are not employees) in the Health Sciences fields (medicine, dentistry, nursing, pharmacy, etc.) are provided with medical malpractice coverage only, while acting within the scope of their curriculum.
Students in Allied Health fields (not part of Health Sciences) such as Psychology, Sociology, Speech Pathology and Audiology, etc. are provided with professional liability insurance coverage, while acting within the scope of their curriculum.
Students in Other Fields of a Professional Nature while acting within the scope of their curriculum. This would include students in the College of Law.
Certificate of Liability Insurance
A. One-Page Liability Certificate – Coverage Summary
BRIM issues a Certificate of Liability Insurance for WVU annually for the period July 1 to July 1. This certificate is a general outline of the coverage provided for WVU by BRIM, and can be obtained by contacting Risk Management, or by visiting the Risk Management web page: WVU Certificate of Liability Insurance
B. Certificate of Liability Insurance – ACORD Form
Various entities will request proof of liability insurance from West Virginia University for a variety of reasons. Examples include the use of facilities not belonging to WVU; sponsorship of an activity; and the performance of a service. Requests for a certificate of insurance related to a specific activity or event must be submitted to Risk Management, along with the name and address of the requesting entity. These requests are forwarded to BRIM via email for preparation. BRIM will mail the ACORD certificate directly to the requesting entity along with a copy to Risk Management. In urgent situations, BRIM will honor a request to fax the certificate to the requesting entity. Normal requests usually take about one week.
C. Additional Insured Status – Third Party Requests
Additional insured status will be granted by BRIM to an entity if requested. This status should be requested when the certificate request is submitted. There is no charge for this service.
D. Additions/Deletions/Endorsements to the BRIM policy
Requests for additions or deletions to the BRIM Comprehensive Liability Policy will not be honored. Entities will sometimes ask for an endorsement to change the wording of the BRIM liability policy to add, modify, or delete specific wording. The BRIM Liability Policy is very broad in the coverage it provides, but it cannot be modified in any way. At times the inflexibility of the BRIM liability policy can create difficulty for WVU departments. Explanation that this is a state policy and not a WVU policy may enable a department to overcome this difficulty. Risk Management will assist in any way possible to enable a WVU department to conduct the business.
E. Signing Contracts
WVU departments and personnel are routinely required to enter into contracts with other entities. Only certain personnel are authorized to sign contracts on behalf of WVU. Any contract between WVU and another entity should be examined and approved by WVU General Counsel prior to signature by an authorized representative of your department.
Contact information for WVU General Counsel is as follows:
105 Stewart Hall
PO Box 6201
Morgantown, WV 26506
Contracts for the purchase of goods and services should be forwarded to WVU Procurement,
Contracting, and Payment Services (PCPS) for approval and execution.
Contact information is as follows:
WVU Procurement, Contracting, and Payment Services (PCPS)
AVP for Procurement
PO Box 6024
Morgantown, WV 26506-6024
Miscellaneous Liability Topics
A. Hold Harmless & Indemnification Agreements
WVU employees are not permitted to sign hold harmless or indemnification agreements on behalf of WVU. Contracts presented to WVU departments for signature commonly contain such agreements. The department should ask these statements to be removed from the contract or agreement. WVU General Counsel should be contacted prior to signing any contract on behalf of WVU.
B. Non-WVU Related Activities
WVU employees (faculty & staff) are covered by the State Liability policies “while acting within the scope of their duties”.
WVU employees involved in personal activities that are not connected to their employment at WVU, in most cases, are not covered by the BRIM liability policy. An example would be a WVU professor with specific skills and knowledge, who provides consultation services for a fee independent of WVU.
C. Student Injuries
Students injured on the WVU campus, or at a WVU off-campus activity (with the exception of intercollegiate athletic events), must turn to personal health insurance coverage to cover their medical expenses.
If an injured student believes WVU negligence was the cause of their injury, the student can submit a liability claim to Risk Management to attempt to recover medical and other expenses related to the injury. Claims of this nature are forwarded to BRIM and they are investigated by AIG, the liability claims adjuster for the State of WV. If AIG finds negligence on the part of WVU, part of the claim or the entire claim may be paid, depending upon the circumstances. If no negligence is found, the claim will be denied.
D. Student Internships
WVU student interns are not covered by the BRIM liability policy.
Students that are asked to provide evidence of personal liability insurance should consult their personal insurance advisor. An exception applies to those students in health science related fields, where medical malpractice liability or professional liability coverage only is provided.
E. Student Organizations - Clubs
Student Organizations are not covered by the BRIM liability policy.
F. Use of WVU Facilities - Outside Entities
Entities granted use of WVU facilities must provide a certificate of liability insurance
to document they carry at least $1,000,000 combined single limits of bodily injury
and property damage liability insurance coverage. WVU must be named additional
insured on the certificate. If the entity does not have liability insurance
coverage as stated above, and they are unable or unwilling to obtain coverage from
an insurance provider of their choosing, they should be directed to the
TULIP (Tenant User Liability Insurance Program) to purchase liability insurance
coverage for their activity or event. The TULIP program is described in section
G. Use of WVU Facilities – Third Party Camps and Sports Clinics
WVU identifies the same requirements for third party camps and sports clinics as described in the previous section. Entities without liability insurance can obtain coverage from the same insurance agency that provides the TULIP Program.
H. General Liability Insurance Policy
A copy of the entire Comprehensive Liability Insurance Policy for State Agencies can be found using the following link: State Liability Policy [External pdf]