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Insurance

Crime Insurance

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    Employee Dishonesty Bond

    The University is insured for loss to University funds resulting from employee dishonesty. There is no insurance coverage for non-University funds, nor for handling of University funds by anyone not a paid University employee.

    When details of this insurance coverage are required, or when there has been an incident of loss, contact the Office of Risk Management at 719.549.2054.
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    Money and Securities

    The University is insured for loss to monies and securities resulting from burglary or robbery.

    When details of this insurance coverage are required, or when there has been an incident of loss, contact the Office of Risk Management at 719.549.2054.

All losses of a criminal nature must be reported to the appropriate law enforcement jurisdiction where the loss occurs.

Auto Liability Insurance

Protection and Insurance for liability for the University, faculty and staff, and authorized volunteers is provided by statute: 24-10-101 CRS et seq is the Governmental Immunity Act which provides for immunity in tort liability, and 24-30-1501 CRS et seq is the Risk Management Act which provides for self insurance by the State of Colorado (except the University of Colorado). No separate commercial insurance policy covering liability is purchased by the State or University.

Colorado Governmental Immunity Act (24-10-101 CRS et seq)

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    Historical Basis

    Sovereign immunity arose from the feudal concept that the monarch or king, having ascended to his position as a matter of divine right, could do no wrong. Therefore the king could not be sued. This concept persisted, as a matter of legal theory, and has been applied to the government, so that the government is "immune" from suit and cannot be sued without its consent. With the growth and expansion of government, this basic concept proved too oppressive and barred recovery in circumstances that were thought to be fundamentally unfair. Accordingly, exceptions to the general rule of immunity have been created over time.

    Prior to 1973, public entities in the State of Colorado were protected by sovereign immunity which was common law. In 1973 the Colorado Supreme Court abolished the common law doctrine of sovereign immunity and declared that any immunity in this State would thereafter come from legislated immunity only. The State Legislature then passed the Governmental Immunity Act which applies to all public entities in the State.
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    Current Status

    The Governmental Immunity Act applies to all liability that lies in tort (negligence) or could lie in tort and provides immunity for public entities and employees of those entities while acting within the scope of employment, as long as such acts are not willful and wanton.
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    Waiver of Immunity

    The Governmental Immunity Act waives immunity in six areas which are, paraphrased:

    1. operation of an owned or leased motor vehicle; (note: no protection is provided for loaned, rented, or other non owned/leased vehicles)
    2. operation of any public hospital, correctional facility or jail;
    3. dangerous condition of any public building;
    4. dangerous condition of a public highway, road, or street (within certain defined limits);
    5. dangerous condition of any public hospital, jail, public facility located in any park or recreation area maintained by a public entity, or public water, gas, sanitation, electrical, power, or swimming facility;
    6. operation and maintenance of any public water, gas, sanitation, electrical, or swimming facility.
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    Limitation of Judgments of the Act

    In the six areas of waived immunity, the Act limits the amount of judgments that can be recovered from any public entity and/or a public employee to:

    1. $150,000 for any injury to one person in any single occurrence;
    2. $600,000 for any injury to two or more persons in any single occurrence; except that, in such instance, no person may recover in excess of $150,000.
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    Employees and Authorized Volunteers

    All paid employees of the University are provided the same protections of the Governmental Immunity Act as is provided to Colorado State University-Pueblo. Such immunity protections are the same for all classes of paid employees.

    Additionally, "authorized volunteers" also enjoy the protections of the Governmental Immunity Act as long as functions or operations performed are for the benefit of the University, at the request of the University and subject to the control of the University.

    Students participating in service activities that are required for completion of a course and/or are required for obtaining a degree (including internships and work exposure programs) are considered "authorized volunteers" and are provided the protections of the Governmental Immunity Act.
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    Exclusion of Protection?

    No individual is provided liability protection for acts that are outside the scope of assigned duties or that are willful and wanton, intentional, or criminal in nature. Individuals must ordinarily exercise that degree of care that a "reasonable person" would use under the same or similar circumstances. Additionally, there is no protection for:

    • Independent Contractors
    • Any person who is sentenced by the courts to participate in any type of useful public service.
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    Risk Management Act (Self-Insurance 24-30-1501 CRS et seq)

    The six areas of waived immunity, cited earlier in this document, are areas of liability for which insurance must be maintained. These areas include the two types of liability commonly referred to as General Liability and Automobile Liability. Insurance protection for the State of Colorado, including Colorado State University-Pueblo as an institution of the State, is provided through a self-insurance fund established by the Risk Management Act, 24-40-1501 CRS et seq.

    The self-insured liability fund of the state is the sole insurance provision for all claims of tort against the State, its agencies and institutions, and employees and authorized volunteers. This fund also provides liability insurance for claims brought against the State (et al) of a federal civil rights nature.

    Further, administration of this fund, including response to claims such as legal defense, settlement or denial of a claim or lawsuit, is delegated by Colorado law to the Division of Risk Management for the State of Colorado. No other authority of the State may assume responsibility (liability) on behalf of the State for any injury or damage experienced by any party/ies, nor make any statements that could compromise settlement of any claim or lawsuit.
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    Incident Handling/Claim Procedures

    Always report any serious injury or damages to property to the Office of Risk Management at 491.1432 immediately; leave message after hours. Upon the occurrence of a claim of injury of any individual or group of individuals, or of damage to property of any individual or group of individuals, there are two processes which should occur. Those processes are:

    1. Inform the injured party/ies of claims procedures;

      Colorado law is very explicit how a claim may be made against a public entity, i.e. all specific information regarding the incident must be reported in writing within 180 days of the incident, by the injured party to the attorney for the public entity.

      A four part snap-out form which can be completed by the injured party is available by contacting the Office of Risk Management at 719.549.2531. The form states the procedures that must be followed and the address to which it is to be sent by registered mail as required by Colorado law.
    2. University Reporting of Incident Details (For vehicle accidents, the driver must complete the driver accident form available in the glove box of the vehicle and provide to the Office of Risk Management).

      All specific details as shown below should be reported, in writing, to the Office of Risk Management, as soon after knowledge of an injury or damages as is possible. This report must be a University report, and not a report completed by the injured party/ies. Include in this narrative report:

      • Date and Time of the incident;
      • Where it happened;
      • Who, including addresses and telephone numbers, was involved in the incident and University status, i.e. injured party/ies, witnesses, and whether employee, student or campus visitor;
      • Identify observed injuries or property damages;
      • University equipment involved;
      • University employee/s and department/s involved;
      • What happened;
      • Name and contact info for employee making report.
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    Additional Insured's for Liability Insurance

    The self-insured liability fund is financed with tax based monies of the State of Colorado and can be expended only for the benefit of the State. Therefore other parties, individuals, corporations public or private, cannot be added to this insurance.
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    Indemnification and Hold Harmless Agreements

    The State Constitution (under Article XI Public Indebtedness, Section 1) forbids the pledging of the faith or credit of the State for any amount or for any purpose. This prohibition extends to acceptance of debt or liability of any person, company or corporation, public or private, in or out of the State. This is the precise prohibition under which we cannot sign indemnification (hold harmless) clauses in agreements/contracts.

Property Insurance Insurance

All University owned real property (buildings) and equipment is insured on a commercial insurance policy acquired by the State of Colorado for all agencies and institutions of the State.

Additionally, property leased by the University may also be covered under this insurance policy, when such insurance is required by written contract and is specifically requested from the University Office of Risk Management at telephone # 719.549.2054. A copy of the lease contract must be provided to the Office of Risk Management.

There is no insurance available under this policy for owned or leased automobiles licensed for travel on public highways or roads.
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    Insurance Coverage's and Limits of Coverage's

    The insurance policy provides for replacement cost of the damaged building or equipment at the time of the loss. Additionally coverage is provided for:

    • Business Interruption
    • Royalties
    • Rental Value
    • While in Transit
    • Reconstruction of Valuable Papers & Records
    • Newly Acquired Properties Must be reported within 60 days

    The territorial limit for insurance coverage is the United States of America, Canada and District of Columbia. Insurance coverage does not apply in any other territory.

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    Perils Insured Against

    The hazards for which insurance coverage is provided are as follows, but not necessarily limited to:

    • Fire, Lightning, Smoke
    • Theft and Mysterious Disappearance
    • Vandalism and Malicious Mischief
    • Acts of God (usually weather related)
    • In the event of loss or damage to buildings and equipment, always contact the Office of Risk Management to confirm existence, or lack thereof, of insurance coverage.
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    Policy Exclusions-Property

    • Money and Securities (insured under separate policy-See Crime Section)
    • Personal property of individuals, including employees and students
    • Vehicles licensed for travel on public roads unless parked on University property and then covered only for theft, wind, hail, etc. Collision coverage is specifically excluded.
    • Property not belonging to the University (unless specifically added)
    • Land or Water
    • Property shipped by water
    • Growing crops, standing timber
    • Animals (except animals held for research and instruction and then only covered for Fire and Lightning, acts of God)
    • Tunnels & Bridges
    • All exclusions as stated on the insurance policy
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    Policy Exclusions-Perils

    • Losses caused by:
    • Defective design, faulty materials, faulty workmanship
    • Electrical injury or disturbance, i.e. power surge
    • Ordinary wear and tear, or gradual deterioration
    • Nuclear reaction, radiation or contamination
    • All exclusions as stated on the insurance policy
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    Policy Deductible

    There is a deductible of $1,000 for each loss occurrence.
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    Reporting of Losses/Claim Handling

    Always report damages and loss to University property to the Office of Risk Management at 719.549.2054. Forms are available at this office for insurance claims.

    Any loss resulting from a criminal offense, such as theft or vandalism, must be reported to the police within the jurisdiction where the crime occurs--a copy of the policy report is required for the insurance claim.

    Insurance adjusters are assigned by the insurance company and work with the Office of Risk Management for settlement of all claims on behalf of the University.

Workers Compensation Insurance

Colorado law requires employers to provide workers' compensation insurance for employees who are injured on the job, or contract disease related to their work duties. Such insurance provides for medical treatment and lost wages replacement up to the Average Weekly Wage established annually by the Colorado Department of Labor.

Colorado State University-Pueblo is insured for workers' compensation under self-insurance maintained by the State of Colorado for all agencies and institutions of the State. Centura Centers for Occupational Medicine is the claim administrator contracted by the State and all employer (University) responsibilities are handled locally by Environmental Health Services located on campus.

More specific details regarding coverage, reporting requirements for filing claims, and claim forms are under Section 9. of the Human Resources Services Manual. Additional questions should be addressed to Human Resources Department at 719.549.2441

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    Insurance Coverage Provided

    Benefits due an injured employee are mandated by Colorado Statute (8-40-101 CRS et seq). Workers' Compensation insurance covers all University paid employees.

    Additionally, student interns, who are serving in an internship at a cooperative agency and who are not receiving any remuneration from the cooperating agency, are also covered. However, if the student intern is receiving any kind of remuneration (including room and/or board) from the host employer, then the intern is entitled to workers' compensation benefits from that host employer.

    By statute, student interns serving in unpaid internships at the University are not provided benefits under Workers' Compensation.

    Under the Workers' Compensation Act benefits clearly extend to:

    • Faculty
    • Administrative Professionals
    • State Classified Employees
    • Student Employees (including work-study students)
    • Student Interns fulfilling internship at a cooperative agency (not qualified for coverage if remunerated by the cooperative agency.)

    Workers Compensation does not extend to:

    • Students (who are not employed by the University)
    • Student interns serving in remunerated internships at the University
    • Volunteers
    • Visiting Faculty
    • Post Doctoral Fellows (unless being remunerated by Colorado State University-Pueblo)
    • Independent Contractors

    Those individuals not covered for workers' compensation should be encouraged to provide personal medical insurance coverage for injuries.

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    Designated Physician for Medical Treatment

    Pueblo Area

    All employees in the Pueblo area injured while performing University work responsibilities must be treated medically by one of the University's Designated Medical Providers, St. Mary Corwin Hospital (primary) or Parkview Hospital (critical injuries) in order to receive full workers' compensation insurance for payment of medical treatment.

    For Non- Critical "on-the-job" Injuries/Appointments/Testing:

    Walk-in/Testing/Urgent Care

    7 days/week, 24 hours/day
    Use Convenient Care/Emergency Department
    Centura Health - St. Mary Corwin Medical Center
    1008 Minnequa Ave.
    Pueblo, CO 81004
    719.560.4000

    Critical Care/Emergency

    7 days/week, 24 hours/day
    Use Emergency Department
    Parkview Medical Center
    400 W. 16th Street
    Pueblo, CO 81003
    719.584.4000

    University Primary Care Provider

    Centura Centers for Occupational Medicine, CCOM
    4112 Outlook Blvd., Suite 37
    Pueblo, CO 81008
    719.562.6300

Environmental Health & Safety Director

Staff

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