ERIC Number: ED217748
Record Type: Non-Journal
Publication Date: 1982-Mar
Reference Count: N/A
Trustee Liability Insurance: A Final Report of the Association of Governing Board's Ad Hoc Committee.
Association of Governing Boards of Universities and Colleges
The availability of general liability insurance policies is addressed to help trustees assess the adequacy of protection provided by state or institutional indemnification provisions, or through one of the insurance policies currently available. The board of trustees' responsibility to monitor regularly the policy it may have in force or that it may select is also considered. Trustee liability insurance typically will pay on behalf of the trustee sums that the trustee becomes legally obligated to pay as a result of errors or omissions in the performance of duties. Five insurance companies that offer insurance for trustees and officers are identified. The bases of costs of trustee liability policies are specified, and two forms of umbrella coverage are noted. The technical aspects of indemnification clauses and actual policies are examined, including terms such as severability, discovery of facts that could give rise to a claim, exclusions, the insuring agreement, and costs and expenses of defense. Even though state indemnification statutes exist, there is lack of uniformity among the states as to the protection accorded. Ten questions that trustees can ask to acquaint themselves with the protection available in their own jurisdictions are presented. Potential problems for the insured that could arise as the policy application is being completed are discussed, and a list of risks covered by general liability insurance or trustee liability insurance is presented. A brief bibliography is included. (SW)
Descriptors: Accountability, Administrator Responsibility, Costs, Educational Malpractice, Governing Boards, Higher Education, Insurance, Legal Costs, Legal Problems, Legal Responsibility, Trustees
Association of Governing Boards of Universities and Colleges. 1133 20th Street NW Suite 300, Washington, DC 20036. Tel: 800-356-6317; Tel: 202-296-8400; Fax: 202-223-7053; Web site: http://www.agb.org
Publication Type: Reports - Descriptive
Education Level: N/A
Authoring Institution: Association of Governing Boards of Universities and Colleges, Washington, DC.