General Liability & State Tort

Overview

The University of Georgia participates in the State of Georgia Department of Administrative Services (DOAS) Liability Program. This program provides liability protection for covered University employees, approved volunteers, and certain other covered individuals when acting within the course and scope of their official duties.

The program may provide defense and payment of covered claims involving:

  • Bodily injury
  • Property damage
  • Personal injury
  • Certain wrongful acts committed while performing official University duties

Who Is Covered?

Coverage may apply to:

  • UGA employees acting within the scope of their employment
  • Certain paid student employees
  • Approved volunteers participating in a structured volunteer program
  • Members of governing boards acting in their official capacity
  • Other individuals specifically authorized by law or approved by DOAS for coverage purposes

Coverage applies only while individuals are performing authorized University duties. Activities outside the scope of assigned responsibilities are not covered.

What Types of Claims May Be Covered?

The General Liability Program may provide defense and indemnification for claims alleging:

Bodily Injury

Physical injury, illness, or death allegedly caused by the actions of a covered party.

Property Damage

Physical damage to property or loss of use of property allegedly caused by a covered party.

Personal Injury

Certain non-physical injuries, including:

  • False arrest
  • Wrongful detention
  • Malicious prosecution
  • Defamation (libel or slander)
  • Invasion of privacy
  • Certain civil rights violations and wrongful acts committed in the performance of official duties

When Coverage Applies

Coverage generally applies when:

  • The individual is a covered party under the DOAS program.
  • The act occurred while performing official University duties.
  • The claim falls within the terms and conditions of the DOAS General Liability Agreement.
  • The claim is not otherwise excluded by the Agreement.

Important Exclusions

General Liability coverage does not cover every situation.

Common exclusions include:

  • Activities outside the course and scope of University duties
  • Intentional misconduct or criminal acts
  • Workers’ compensation claims
  • Contract disputes or breach of contract claims
  • Claims arising from pollution-related incidents
  • Most claims involving aircraft, watercraft, or automobiles (which may be addressed through other insurance programs)
  • Property owned by or under the control of the covered party
  • Claims covered by the Georgia Tort Claims Act

Volunteer Coverage

Approved volunteers may be eligible for liability coverage when participating in a structured volunteer program organized, controlled, and directed by a UGA department. Coverage applies only while volunteers are performing approved volunteer duties and after required volunteer documentation has been completed and approved. Learn more about volunteer eligibility and requirements on the Risk Management for Volunteer page.

For questions regarding liability coverage, or incident reporting, contact UGA Insurance & Claims Management at [email protected].

Link: Certificate of Insurance

 

Are student employees covered?

Certain student employees paid through UGA may be covered while acting within the scope of their employment. Coverage does not extend to activities outside their employment duties.

Are volunteers covered?

Yes. Approved volunteers participating in a structured volunteer program may be covered for liability claims arising from their authorized volunteer duties.

Do I have liability coverage if I travel in a rented motor vehicle?

Employees traveling on state business in a rented motor vehicle are covered by the state’s liability policy while in their official scope of duties.

Do I have liability coverage if someone brings a federal civil lawsuit against me individually for alleged civil rights violations in the workplace?

The General Liability Agreement can provide you with a civil defense for alleged civil rights violations that were unexpected and unintentional.

Does coverage provide medical insurance or workers’ compensation?

No. General Liability coverage is intended to protect against certain third-party claims. It is not medical insurance and does not provide employee benefits or workers’ compensation coverage.

Does general liability coverage protect me for all actions taken while working at UGA?

No. Coverage generally applies only when you are acting within the course and scope of your official University duties and the claim is not subject to an exclusion under the DOAS Agreement.

How do I file a claim against the State of Georgia and University of Georgia?

Contact Insurance & Claims Management at [email protected] or 706-542-5845. The procedures and formalities regarding claims against the state of Georgia are governed by the Georgia Tort Claims Act, O.C.G.A. 50-21-1 et seq.

If a Qui Tam (whistleblower) action is brought against me for an alleged incident while I was performing my official duties for the University of Georgia, will the State Tort Claims Policy or General Liability Agreement provide coverage for my defense?

No. However, should you be successful in your defense against the Qui Tam action brought against you, then you may be eligible for reimbursement of some or all of your defense costs under the General Liability Agreement.

If criminal charges are brought against me for an alleged incident while I was performing my official duties for the University of Georgia, will the State Tort Claims Policy or General Liability Agreement provide coverage for my defense?

No. However, should you be successful in your defense against all the criminal charges brought against you, then you may be eligible for reimbursement of some or all of your defense costs under the General Liability Agreement.

If I leave the University of Georgia as a healthcare professional, will I still have liability insurance coverage provided to me by the State of Georgia(DOAS) if a person or organization brings a claim or a lawsuit against me for an alleged medical malpractice incident that had occurred while I was an employee of the University of Georgia?

If you were performing your official state duties at the time of the alleged medical malpractice incident, then liability coverage is provided to you per the State Tort Claims Policy and the General Liability Agreement, regardless of the date the claim or lawsuit is brought against you and/or the University of Georgia. However, if you should receive notice of a claim or lawsuit you must immediately provide these documents to the University of Georgia Office of Legal Affairs to avoid jeopardizing your coverage.

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