Primary Source of Liability to the University
Through its various activities and ownership of property, YU is subject to a variety of potential legal liabilities. The University, its board of directors, faculties and employees could be held legally liable for the negligent actions, wrongful act or conduct as a result of it failure or alleged failure to fulfill its obligations or duties.
- Premises Liability: As the owner/occupier of property, the University could be held legally responsible for accidents and injuries that occur on any of its property/premises. The kinds of incidents that give rise to premises liability claims are any hazard that could damage property or cause bodily injury to any person (e.g., slip and fall, fire, property defects, etc.). As such please report IMMEDIATELY any hazards identified as YU’s property that could injure persons or damage property to YU Risk Management Department by calling 212.960.5400, extension 6739.
- Operational Liability: YU students, employees and guest/visitors are engaged in numerous activities and operations related to education and research in their daily work environment. These activities range from study abroad programs to intellectual property development. Risk management associated with such activities includes providing supervision, training, the development of best practices and ensuring that emergency plans are in place.
- Automobile Liability: This coverage protects the University against liability for having caused personal injury or property damage to another party while operating a motor vehicle. This coverage is mandatory in almost every state. To ensure appropriate insurance coverage is obtained for the vehicle, it is essential that departments contact Risk Management when a vehicle is purchased or leased on a long-term basis with the following information: year, make and model of vehicle; date of acquisition; purchase price; vehicle identification number (VIN); license number; and if leased, the leasing agent. When a vehicle is sold, or returned to the leasing agent, please notify the Risk Management Department as soon as possible. Use of a University vehicle is restricted to authorized University-related activities. Only authorized drivers affiliated with the University in the capacity of student, faculty or staff are permitted to drive a University vehicle. Automobile Physical Damage: Coverage for loss of or damage to the University's motor vehicle including theft, collision or comprehensive (other-than-collision) coverage.
- Property Insurance Coverage: The University purchases a property insurance policy through Lexington Insurance Company. This policy provides coverage for the University-owned property (buildings and contents) in the event of such as fire, flood, vandalism and theft. Property insurance provides coverage for sudden and accidental events. Please notify the Risk Management Department when property is acquired and/or sold.
- Directors and Officers/Employment Practices Liability: The directors and officers of the University could be sued in conjunction with the performance of their duties as they relate to the University. Employment Practices Liability provides protection for an employer against claims made by employees, former employees or potential employees. It covers discrimination (age, sex, race, disability, etc.), wrongful termination of employment, sexual harassment and other employment-related allegations. It covers your firm, including its directors and officers. In the event of a situation, which you feel could give rise to either a Directors and Officers or Employment Practices Liability claim, please contact the Risk Management Department immediately.
- Contractual Liability: Contracts normally contain “Hold Harmless” or Indemnification” language and insurance requirements that attempt to transfer liability from one party to another. The acceptance of such contract language can result in great financial burden to the University. As such, all contracts or agreements MUST be review by the Legal Department, the Procurement Office and the Risk Management Department. ONLY the chief procurement officer and the Office of General Counsel are authorized to sign contracts or agreement.
The Risk Management Department should review any and all contracts that may present a risk of accidental injury or loss to the University, its employees, students, or visitors, or to property owned, leased or loaned by or to the University. The department will review insurance clauses and indemnification agreements in contracts and lease agreements that the University is negotiating. Any contract relating to insurance; waivers of rights including subrogation; additional insured status; liability limitations or waivers; or defense, hold harmless and/or indemnification obligations with insurance requirements must be reviewed by Risk Management in conjunction with the General Counsel Office before it is signed.