EXPERIENTIAL PROGRAMS

Student Liability Insurance Coverage

University of Colorado Self-Insurance and Risk Management Trust Coverage Document

This Coverage Document describes the professional liability insurance coverage provided by the University of Colorado (the "University"). This type of coverage is sometimes referred to as malpractice insurance coverage. In order to determine whether you are entitled to this professional liability insurance coverage and, if so, what your rights and obligations are, you must read the entire Coverage Document.

I. General Statement of Coverage
II. Definition of Covered Person
III. Scope of Coverage
IV. Exclusions From Coverage
V. Obligations of a Covered Person
VI. Obligations of the Trust
VIII. Action Against the Board
IX. Subrogation
X. Additional Provisions

I. General Statement of Coverage

1.1 Self-Insurance and Risk Management Trust. The Regents of the University of Colorado provide professional liability insurance coverage through the University of Colorado Self-Insurance and Risk Management Trust (the "Trust"). The Trust was established by a resolution of the Regents of the University of Colorado dated June 23, 1976. The Trust is governed by a Trust Advisory Board (the "Board") whose members are appointed by the Chancellor of the University of Colorado Denver.

1.2 Colorado Governmental Immunity Act. The Colorado Governmental Immunity Act (the "Act") limits the amount of money that can be recovered by an injured person who brings a lawsuit against a public entity or a public employee. The University and the University of Colorado Hospital Authority (doing business as University Hospital) are both public entities.

The maximum amount that can be recovered is:

$150,000 for any injury to one person in a single occurrence; and
$600,000 for any injury to two or more persons in a single occurrence (although no person may recover more than $150,000).

These limits apply regardless of how many public employees or public entities are sued or how many caused the injury.

The professional liability insurance coverage that is provided through the Trust is strictly in accordance with the Act. The Act can be found in the Colorado Revised Statutes beginning at section 24-10-101.

Nothing contained in this Coverage Document nor any action by the Trust shall be construed as or constitute a waiver of the sovereign immunity or the limitations of liability provided by the Act.

1.3 Who is Covered? The Trust provides professional liability insurance coverage to the Regents, officers, employees and authorized volunteers of the University of Colorado who come under the definition of "Covered Person" set forth below. The Trust also provides professional liability coverage to the University of Colorado Hospital Authority, doing business as University Hospital ("University Hospital") and to its Board of Directors, officers, employees and authorized volunteers who come under the definition of "Covered Person." The coverage provided to University Hospital is authorized by section 23-21-506 of Colorado Revised Statutes and is pursuant to an agreement entered into between the Regents and University Hospital.

1.4 Occurrence Coverage. The Trust will provide professional liability insurance coverage to an individual for any claim or lawsuit that alleges an act or omission when the individual was a Covered Person, even if the individual is not a Covered Person when the claim is made or when the lawsuit is filed. This differs from a claims-made policy, which only provides insurance coverage for claims that are made or lawsuits that are filed while the policy is in effect.

II. Definition of a Covered Person

The Trust will provide professional liability insurance coverage to you if you come under the definition of a "Covered Person." A Covered Person is any one of the following:

2.1 Physicians with Regular Faculty Appointments.

An individual employed full-time by the University who has a regular faculty appointment in the School of Medicine is a Covered Person.
An individual employed less than full-time by the University who has a regular faculty appointment in the School of Medicine and who does not have an independent or other health care practice is a Covered Person. Work performed as an employee of another public entity or of the United States government is not considered to be an independent or other health care practice. However, the individual will not be a Covered Person while performing work as an employee of another public entity or the United States government and the Trust will not provide coverage to the individual for such work. For example, an individual who has a regular faculty appointment and is employed 3/8ths by the University and 5/8ths by the V.A. Medical Center will be covered by the Trust for the work performed at University Hospital during the 3/8ths time but would not be covered by the Trust for work performed at the V.A. during the 5/8ths time.
An individual who, although not employed by the Regents, has a regular faculty appointment in the School of Medicine and volunteers services at or on behalf of the University is a Covered Person only for the services which are volunteered. However, if the individual receives payment or compensation from any source for providing the services, then the services will not be considered volunteered and the individual will not be a Covered Person.

2.2 Physicians with Clinical Faculty Appointments.

An individual employed part-time by the University who has a clinical faculty appointment in the School of Medicine is a Covered Person only for an injury caused by a student, intern or resident under the individual's supervision. The individual is not a Covered Person and is not covered by the Trust for an injury caused by his/her own acts or omissions. For this reason, all individuals in this category must have an individual professional liability insurance policy covering their own acts or omissions.
An individual who, although not employed by the University, has a clinical faculty appointment in the School of Medicine and volunteers services at or on behalf of the Regents is a Covered Person only for the services which are volunteered. However, if the individual receives payment or compensation from any source for providing the services, then the services will not be considered volunteered and the individual will not be a Covered Person.

2.3 Nurses.

An individual licensed as a nurse under the Nurse Practice Act and who is employed full-time by the University (as a faculty member, unclassified employee or classified employee) or by University Hospital is a Covered Person.
An individual licensed as a nurse under the Nurse Practice Act and who is employed less than full-time by the University (as a faculty member, unclassified employee or classified employee) or by University Hospital is a Covered Person, but only while performing work as an employee of the University or University Hospital.
An individual licensed as a nurse under the Nurse Practice Act who, although not employed by the University or by University Hospital, volunteers services at or on behalf of the University or University Hospital is a Covered Person only for the services which are volunteered. However, if the individual receives payment or compensation from any source for providing the services, then the services will not be considered volunteered and the individual will not be a Covered Person. For example, a nurse who is employed full-time at The Children's Hospital, has a faculty appointment in the School of Nursing and provides volunteer services (such as teaching nursing students) at a School of Nursing clinic is a Covered Person for the volunteered services.

2.4 Dentists with Regular Faculty Appointments.

An individual employed full-time by the University who has a regular faculty appointment in the School of Dentistry (tenure track or clinical/teaching track) is a Covered Person.
An individual employed less than full-time by the University who has a regular faculty appointment in the School of Dentistry (tenure track or clinical/teaching track) and who does not have an independent or other health care practice is a Covered Person. Work performed as an employee of another public entity or of the United States government is not considered to be an independent or other health care practice. However, the individual will not be a Covered Person while performing work as an employee of another public entity or the United States government and the Trust will not provide coverage to the individual for such work.
An individual who, although not employed by the University, has a regular faculty appointment in the School of Dentistry and volunteers services at or on behalf of the University is a Covered Person only for the services which are volunteered. However, if the individual receives payment or compensation from any source for providing the services, then the services will not be considered volunteered and the individual will not be a Covered Person.

2.5 Dentists with Clinical Faculty Appointments.

An individual employed part-time by the University who has a clinical faculty appointment in the School of Dentistry is a Covered Person only for an injury caused by a student, intern or resident under the individual's supervision. The individual is not a Covered Person and is not covered by the Trust for an injury caused by his/her own acts or omissions. For this reason, all individuals in this category must have an individual professional liability insurance policy covering their own acts or omissions.
An individual who, although not employed by the University, who as a clinical faculty appointment in the School of Dentistry and volunteers services at or on behalf of the University is a Covered Person only for the services which are volunteered. However, if the individual receives payment or compensation from any source for providing the services, then the services will not be considered volunteered and the individual will not be a Covered Person.

2.6 Pharmacists with Regular Faculty Appointments.

An individual employed full-time by the University who has a regular faculty appointment in the School of Pharmacy (tenure track, clinical/teaching or research track) is a Covered Person.
An individual employed less than full-time by the University who has a regular faculty appointment in the School of Pharmacy (tenure track, clinical/teaching or research track) and who does not have an independent or other health care practice is a Covered Person. Work performed as an employee of another public entity or of the United States government is not considered to be an independent or other health care practice. However, the individual will not be a Covered Person while performing work as an employee of another public entity or the United States government and the Trust will not provide coverage to the individual for such work.
An individual who, although not employed by the University has a regular faculty appointment in the School of Pharmacy and volunteers services at or on behalf of the University is a Covered Person only for the services which are volunteered. However, if the individual receives payment or compensation from any source for providing the services, then the services will not be considered volunteered and the individual will not be a Covered Person.

2.7 Interns, Residents and Fellows.

An individual who is employed by the University as a medical or dental intern, medical or dental resident or fellow is a Covered Person while performing work as an employee of the University. However, if the individual receives payment or compensation for services performed from any source other than the University, then the individual will not be a Covered Person and will not be covered by the Trust for those services -- even if the services are found to be in furtherance of the individual's training program at the University. For example, if a medical resident works weekends at a private hospital in a department that is the same as the resident's area of training, and is paid by the hospital for that work, the resident is not a Covered Person and is not covered by the Trust for the work at the private hospital.

2.8 Students.

An individual who is duly enrolled and matriculated as a student at the University of Colorado Denver is a Covered Person for all professional and educational activities that are within the course and scope of the individual's responsibilities as a student.
Duly enrolled and matriculated students of the University of Colorado, Colorado Springs, Beth-El School of Nursing, have been approved for inclusion in coverage by the Trust. They are considered a Covered Person for all professional and educational activities that are within the course and scope of the individual's responsibilities as a student.

2.9 Other Health Care Practitioners. Health care practitioners who are not physicians, nurses, dentists or pharmacists are considered Covered Persons as stated below. This category of health care practitioners includes, but is not limited to, athletic trainers, chaplains, dental assistants, dental hygienists, dieticians, medical technologists, nursing assistants occupational therapists, osteopaths, physician assistants, physical therapists, podiatrists, psychologists, social workers, speech pathologists and x-ray technicians.

Regular Faculty Appointment.

An individual employed full-time by the University as a health care practitioner who has a regular faculty appointment is a Covered Person.
An individual employed less than full-time by the University as a health care practitioner and who has a regular faculty appointment and who does not have an independent or other health care practice is a Covered Person. Work performed as an employee of another public entity or of the United States government is not considered to be an independent or other health care practice. However, the individual will not be a Covered Person while performing work as an employee of another public entity or the United States government and the Trust will not provide coverage to the individual for such work.
An individual who, although not employed by the University, has a regular faculty appointment as a health care practitioner and volunteers services at or on behalf of the University is a Covered Person only for the services which are volunteered. However, if the individual receives payment or compensation from any source for providing the services, then the services will not be considered volunteered and the individual will not be a Covered Person.

Clinical Faculty Appointment.

An individual employed part-time by the University as a health care practitioner who has a clinical faculty appointment is a Covered Person only for an injury caused by a student, intern or resident under the individual's supervision. The individual is not a Covered Person and is not covered by the Trust for an injury caused by his/her own acts or omissions. For this reason, all individuals in this category must have an individual professional liability insurance policy covering their own acts or omissions.
An individual who, although not employed by the University, has a clinical faculty appointment as a health care professional and volunteers services at or on behalf of the University is a Covered Person only for the services which are volunteered. However, if the individual receives payment or compensation from any source for providing the services, then the services will not be considered volunteered and the individual will not be a Covered Person.

Employed by University in Non-Faculty Position or Employed by University Hospital.

An individual who is a health care practitioner and is employed full-time by the University (as an unclassified employee or classified employee) or by University Hospital is a Covered Person.
An individual who is a health care practitioner and is employed less than full-time by the University (as an unclassified employee or classified employee) or by University Hospital is a Covered Person, but only while performing work as an employee of the University or University Hospital.
An individual who is a health care practitioner and who, although not employed by the University or by University Hospital, volunteers services at or on behalf of the University or University Hospital is a Covered Person only for the services which are volunteered. However, if the individual receives payment or compensation from any source for providing the services, then the services will not be considered volunteered and the individual will not be a Covered Person.

2.10 Regents and Officers of the University and Board Members and Officers of University Hospital.

Each Regent of the University and each officer of the University is a Covered Person with respect to any claim or lawsuit that involves professional liability of a health care professional or health care provided by University Hospital, Colorado Psychiatric Hospital, University of Colorado, Colorado Springs, Beth-El School of Nursing or Wardenburg Student Health Services.
Each member of University Hospital's Board of Directors and each officer of University Hospital is a Covered Person with respect to any claim or lawsuit that involves professional liability of a health care professional or health care provided by University Hospital, Colorado Psychiatric Hospital, University of Colorado, Colorado Springs, Beth-El School of Nursing or Wardenburg Student Health Services.
Each member of the Trust's Advisory Board with respect to any claim or lawsuit that involves professional liability of a health care professional or health care provided by University Hospital, Colorado Psychiatric Hospital, University of Colorado, Colorado Springs, Beth-El School of Nursing or Wardenburg Student Health Services.

III. Scope of Coverage

3.1 Acts and Omissions Covered. The Trust provides professional liability coverage to a Covered Person where the claim against the Covered Person arises out of injuries sustained from an act or omission of the Covered Person occurring during the performance of the Covered Person's duties and within the scope of the Covered Person's employment, unless the act or omission was willful and wanton. 3.2 Location of Act or Omission. The act or omission of a Covered Person will be considered to have occurred during the performance of the Covered Person's duties and within the scope of the Covered Person's employment if it occurs:

in University Hospital, including East Pavilion, clinical facilities located at Fitzsimons, or any other clinical facility operated by University Hospital;
in Colorado Psychiatric Hospital, including North Pavilion;
in A.F. Williams Family Medicine Center;
on the University of Colorado Denver campus, including Fitzsimons, which includes portions of the campus leased to University Hospital;
in the Wardenburg Student Health Services Center;
in the University of Colorado, Colorado Springs, Beth-El School of Nursing;
at any location where health care services are provided that is owned by or leased to the University of Colorado or University Hospital;
at any one of the following affiliated hospitals: Denver Health and Hospitals, The Children's Hospital, Rose Medical Center or the National Jewish Center; or
at any location that has been approved in writing by the Dean of the School in which the Covered Person has a faculty appointment or, with respect to employees of University Hospital, by the President of University Hospital.

3.3 Locations Outside Colorado. The Trust provides coverage to a Covered Person for claims arising out of injuries sustained from acts or omissions occurring during the performance of the Covered Person's duties and within the scope of the Covered Person's employment when the duties are performed outside the State of Colorado, unless the act or omission was willful and wanton. The Trust limits its coverage to the following levels:

Claims arising against a Covered Person outside the State of Colorado which are filed in a court of proper jurisdiction within the United States and for which the court determines that the limits of liability set forth in C.R.S. Section 24-10-114 do not apply shall be limited to $1,000,000 or the liability limits as set forth in the excess insurance policy purchased by the Trust.
Claims arising against a Covered Person for duties performed outside of the United States and for which a lawsuit is filed in a court of law outside of the United States shall be borne by the individual against whom the claim is filed.

IV. Exclusions From Coverage

4.1 What Is Not Covered. The following are specific exclusions from coverage by the Trust:

Claims or suits arising out of acts or omissions of an individual while self-employed or while employed by an entity other than the University or University Hospital.
Acts or omissions of a Covered Person which are outside the course and scope of his or her duties as an employee of the University of Colorado or University Hospital or which acts or omissions are found to be willful or wanton.
Claims or suits arising out of acts or omissions of a Covered Person for which the Covered Person compromises or settles the claim or suit without the consent of the public entity.
Claims or suits where the University or University Hospital is not made a party defendant in an action and where the University of Colorado Denver Office of Professional Risk Management or Office of University Counsel is not notified of the existence of such action in writing by the plaintiff or a Covered Person within fifteen days after commencement of the action. In addition, coverage shall not apply where such Covered Person willfully and knowingly fails to notify the University of the incident or occurrence which led to the claim within a reasonable time after such incident or occurrence, if such incident or occurrence could reasonably have been expected to lead to a claim.

V. Obligations of a Covered Person

5.1 Reporting Obligations. Upon becoming aware of an incident involving patient care, a Covered Person is obligated to file a notice with the University of Colorado Denver Professional Risk Management Office which includes: name of the injured party; name of covered persons involved; time, place and circumstances of the incident; and names of available witnesses.

A Covered Person is obligated to immediately forward to the Office of University Counsel at the Health Sciences Center any notice of claim, demand, summons, complaint or other service of process that a Covered Person receives.

5.2 Obligation to Cooperate. Once a claim is made or a law- suit initiated against a Covered Person, that Covered Person shall fully and completely cooperate with the Office of University Counsel and designated outside counsel, if any, in the investigation of incidents and claims and in the defense of law- suits. Such cooperation shall include, but not be limited to,

conferences with risk and/or claims manager and attorneys;
answering interrogatories and requests for documents;
providing depositions and/or special reports;
attending hearings and trials;
assisting in obtaining evidence and testimony and/or opinions of experts

5.3 Costs and Expenses. The University shall provide the costs of defense of a Covered Person arising out of injuries sustained from an act or omission of a Covered Party occurring during the performance of the Covered Person's duties and within the scope of his employment, except where such act is willful and wanton.

The University will reimburse the individual for out of pocket expenses related to the defense of a claim regardless of whether or not the individual is an agent, servant or employee of the University at the time the defense is rendered.

Should the courts find that the injuries did not arise out of an act or omission of a Covered Person during the performance of his/her duties or within the scope of the Covered Person's employment or that the act or omission of such Covered Person was willful and wanton, the University may request the court to order the Covered Party to reimburse the University for reasonable costs and attorney fees incurred in the defense of the Covered Person.

VI. Obligations of the Trust

6.1 Trust Agreement. The Trust agrees to pay on behalf of a Covered Person all sums which the Covered Person shall become legally obligated to pay as damages, including costs and interest awarded as part of any judgment, because of claim or claims arising out of any act or omission of the Covered Person in rendering or failing to render professional or health care services for others in the Covered Person's capacity as outlined herein, and caused by the Covered Person or any other Covered Person for whose acts or omissions the Covered Person is legally responsible, except as excluded or limited by the terms, conditions and exclusions of this document.

With respect to the coverage provided pursuant to this document, the Trust shall defend any lawsuit against a Covered Person alleging such acts or omissions and seeking damages on account thereof, even if such lawsuit is groundless, false or fraudulent, but the Trust and its designated agents and attorneys may make such investigation and negotiation and may make such settlement of any claim or suit as the Trust deems expedient, as more fully set forth below.

6.2 Claims Management. The Trust shall maintain a risk and claims management program to administer the investigation and adjustment activities of its coverage. The claims investigation and adjustment activities shall be carried out for the sole purpose of assisting the Office of University Counsel and other designated legal representatives of the Trust to defend potential or actual lawsuits against any Covered Person.

All meetings held pursuant to this activity shall be closed, all records of such meetings shall be confidential, and all oral and written communications shall be subject to the attorney/client and/or attorney work product privilege.

Procedures for claims adjustment, including but not limited to claim payments, denials and settlements of law suits, shall be as determined by the Chancellor of the Health Sciences Center, by and through the University Counsel assigned to the Health Sciences Center and the Health Sciences Center Director of Professional Risk Management, in consultation with the Trust Advisory Board. The Chancellor, after consultation with the Board, may retain such persons or firms as he/she deems appropriate to assist or consult on claims adjustment.

6.3 Settlement Authority. The Trust Advisory Board shall have the final authority with regard to the settlement and compromise of claims and the terms and conditions of such settlements. The Board shall give due consideration to the wishes and opinions of any Covered Person with regard to whether or to what extent a claim or suit should be settled as to them.

6.4 Legal Services. The furnishing of all legal services pursuant to the Self-Insurance Program shall be the responsibility of the Board through the Office of University Counsel and the Attorney General of the State of Colorado. Legal services beyond the resources available from the Office of University Counsel may be engaged by the Board to work as co-counsel with the Office of University Counsel. The University counsel assigned to the Health Sciences Center will select such outside counsel from a list of approved attorneys established and maintained by the Board.

In the event that a Covered Person, in addition to the legal services provided for above, employs separate legal counsel of the Covered Person's own choice, such employment of separate legal counsel shall be at the Covered Person's sole expense. If a Covered Person elects to employ separate legal counsel to assist the Office of University Counsel and such outside counsel as may be retained by the Board, all decisions in regard to the claim or suit shall remain the right and responsibility of the Board and its designated legal counsel.

VIII. Action Against the Board

No action shall be commenced by a Covered Person against the Board unless, as a condition precedent thereto, there shall have been full compliance with the terms and conditions of coverage, and until the amount of the Board's obligation to pay shall have been finally determined either by final judgment against the Covered Person or by written agreement of the Board and a claimant.

No Covered Person shall have any right under the Program to join the Board as a party to any action against the Covered Person to determine the Covered Person's liability, nor shall the Board be impleaded by the Covered Person or his legal representative.

IX. Subrogation

In the event the Trust has made a payment on behalf of a Covered Person, the Trust shall be subrogated to all rights of recovery of the Covered Person against any person or organization. The Covered Person shall execute and deliver instruments and papers and do whatever else may be necessary to secure such right. The Covered Person shall do nothing to prejudice such right.

X. Additional Provisions

10.1 Participation in Professional Risk Management Program. All Covered Persons including University Hospital, the University of Colorado, Colorado Springs, Beth-El College of Nursing, and Wardenburg Student Health Services must participate in the University of Colorado Denver Professional Risk Management Program.

10.2 Coverage by Affiliated Institutions. Covered Persons working or providing services in association with The Children's Hospital, Rose Medical Center, or another affiliated entity, within the course and scope of their employment with the University, and who are covered by commercial malpractice insurance purchased by that affiliated entity shall nevertheless be provided coverage under the coverage document identical to that provided to all other Covered Persons, notwithstanding any language in this coverage document to the contrary, including but not limited to any exclusions set forth in this coverage document, under the following conditions:

The Board of Regents explicitly does not waive governmental immunity for the Covered Person.
The Trust shall maintain the right to retain counsel and direct all defense of the Covered Person.
The Covered Person agrees to assist the Trust and the University in applying the limits of governmental immunity to the defense of the claim.
The maximum liability of the Trust will be to the limits provided in the governmental immunity statute or as provided for claims arising from out-of-state activities.
Under no circumstances will the University, its agents or the Trust or related organizations (e.g. UPI, UH) purchase or contribute, directly or indirectly, to the purchase of insurance which extends the limits of coverage beyond that provided in this Trust coverage document for any Covered Person of the University.
The Children's Hospital, Rose Medical Center, or any purchasing entity acknowledge the right of the University to assert governmental immunity and will assist in defending the governmental immunity limits.

10.3 Changes to the Trust Coverage. All changes to the Trust self-insurance program coverage and to this coverage document shall be reviewed by the Office of University Counsel and shall then be voted upon by the Board. Changes shall become effective on the date fixed by the Board.

Executed on the ____ day of ___________________, 1999.

TRUST ADVISORY BOARD

REGENTS OF THE UNIVERSITY OF COLORADO, a body corporate

Joel Levine, M.D., Chairman

James H. Shore, M.D., Chancellor

Last updated: 6/16/08