Public Liability

Public Liability insurance indemnifies the University against damages and costs where legal liability for injury to third parties or damage to their property has been established, arising out of the University's activities. Omission or negligence of some kind must be proved for legal liability to be established.

 

FAQs (frequently asked questions):

 

1.       What is the excess on this policy?

€0 each and every claim

 

2.       Who is covered?

The legal liability of the University, its Governors, Trustees, the various Colleges and Schools. The cover encompasses all authorised College Bodies including affiliated Clubs & Societies and the University's Campus Companies, once these are notified to Building and Estates and are accepted by Insurers.

 

3.       Who or what constitutes a "Third Party"?

A third-party is any individual or entity (e.g. a company, a partnership or a limited liability company) who is not an employee of the University (this includes students, visitors, service providers, customers, etc).

 

4.       What about employees of other organisations coming to work in NUI Galway for a period?

Once a "master/servant" relationship does not exist, the University's legal liability to pay compensation to such persons for injury they receive, or loss/damage they incur to their property, will be covered under the Public Liability policy. If such a relationship does exist, the claim would fall to be borne under the University's Employers Liability policy

 

5.        What about visiting Academic Professionals?

Academics who are visiting the University would normally be covered by their own employer.

 

The University’s potential legal liability for injury, disease or death, suffered by such persons would be covered under either the University’s Employers Liability or Public Liability policies (dependent on whether or not the person is an ‘employee’ or a ‘third party’ when the accident/injury occurs).

 

6.       Does cover extend to include

a) outgoing registered NUI Galway students undertaking work experience outside NUI Galway?

Yes, please refer to the link entitled Guidelines for Students on Work Placement

 b) external students registered with another body who are undertaking work experience at NUI Galway?

Yes, please refer to the link entitled Guidelines for Students on Work Placement

As a matter of policy, all schools wishing to organise work placement/experience for students in NUI Galway should provide a Letter of Indemnity to NUI Galway from their Insurers/Broker. This is standard practice and should not cause a problem for the school involved or their Insurers. It will ensure the protection of the University while facilitating what is undoubtedly a very worthwhile exercise. On receipt of the letter of indemnity, a copy should be forwarded to Buildings and Estates on ext 2134 or email buildingsandestates@nuigalway.ie for approval.

NB: Please also note Q7 and Q9 below.

7.       What action should I take when asked to undertake to ‘indemnify’ other parties, or provide evidence of Public Liability insurance to other parties?

Our Public Liability policy does not cover responsibilities or liabilities written into a contract or an agreement, or implied in an exchange of letters or other communications. In general, all Public Liability policies exclude liability assumed by agreement unless such liability would have attracted notwithstanding such agreement. Any formal contract or agreement should be referred to Building and Estates for the legal and insurance implications to be checked.

 

Similarly University personnel should never accept, either verbally or in writing, any document, wording or agreement, which waives the University's right to pursue claims itself against other parties, where a loss or mishap occurs.

 

Should you require evidence of this or any other cover, please contact Buildings and Estates on ext 2134 or email buildingsandestate@nuigalway.ie for the relevant advice or paperwork.

 

8.       What is the Limit of Indemnity under this policy?

€40,000,000 any one accident

 

9.       What insurance is required of outside organisations, individuals or companies who wish to use the University's premises or facilities?

Evidence of their Employers Liability (if relevant) and Public Liability insurance cover, for the duration of their presence on site should be provided in advance. The following is an outline of the evidence required:

  • A signed statement/certificate from their Insurer
  • Number of the policy under which cover is being provided
  • Amount of the full limit of indemnity should be stated. The indemnity limits should be not less than €13m for Employers Liability and €6.5m for Public Liability
  • Specific indemnity should be made to NUI Galway against any claim arising out of the presence of the relevant organisation on campus               
  • Renewal date of the policy and any specific exclusions or restrictions under its cover, relevant to their presence at NUI Galway should be confirmed

 

In addition, the organisation, individual or company should be informed that the University accepts no responsibility for loss of or damage to their property whilst on campus, unless specific arrangements are made with the University to the contrary. Any such arrangements must be notified well in advance to Building and Estates to ensure that the insurance and legal implications may be checked.

 

10.   What are the procedures for organising Conferences or Exhibitions?

Please refer to paragraph 9 above; the following comments are also relevant:

 

Notwithstanding that the insurances arranged by the University are very broad in scope; special consideration does need to be given to areas of potentially high risk such as exhibitions of paintings, artefacts and the like. Generally speaking, items are lent to the University on the clear understanding that we accept full responsibility for all loss or damage howsoever caused on a "nail to nail" basis. In other words, we are responsible from the moment it leaves the possession of the owner until its eventual safe return.

 

We need to ensure that all necessary insurances are in place to cover the various exposures and plenty of advance notice to Building and Estates is therefore, essential. Notice of intended exhibitions should be accompanied by full particulars. The list outlined below may also be of some assistance in identifying issues that need to be considered when setting about organising such an exhibition, however, if you are unsure, please contact Buildings and Estates on ext 2134 or email buildingsandestates@nuigalway.ie 

 

11.   Exhibition

  • Identity of organisers
  • General description of exhibition
  • Period of exhibition
  • Date from which items are at the risk of the University
  • Date when all items will be returned to their owners

 

Contact Details

For further information or assistance, please contact Buildings and Estates on ext 2134 or email buildingsandestates@nuigalway.ie 

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