Memo from Office of General Counsel

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Overseas Insurance Program
1
August 11, 2011
August 11, 2011
To:
Presidents, State-Operated Campuses
From:
William F. Howard, Senior Vice Chancellor, General Counsel and
Acting Secretary of the University
Mitch Leventhal, Vice Chancellor for Global Affairs
Subject:
Overseas Insurance Program
We are pleased to announce the commencement of a SUNY insurance program
covering the activities of our faculty and staff in overseas locations. After a number of
years of discussion and investigation we have procured several insurance policies,
effective July 19, 2011, that will protect the State University and its employees against a
range of risks that they may encounter in overseas activities. The covered activities
include running study abroad programs, engaging in research, participating in joint
educational programs, attending conferences and generally engaging in other SUNYsponsored or related educational endeavors. This is a first- time ever program and will
provide a greater degree of legal protection for all campuses, System and SUNY
employees as we increasingly engage in international activities and pursue global
opportunities. The insurance program described below will provide defense and
insurance coverage when employees (or the State University) are sued in foreign courts
or administrative venues or when claims for financial compensation are made in foreign
jurisdictions that arise out of activities undertaken within the scope of SUNY
employment. Claims and lawsuits brought in the U.S. arising out of foreign programs
will continue to be handled in the normal manner, typically through representation by
the Attorney General’s Office and indemnification under the Public Officers Law.
The need to obtain overseas liability insurance has been discussed previously
with both SUBOA and with SUNY’s Council on International Education (CIE). SUNY
System Administration has procured and bound the policies, with the assistance of the
New York State Office of General Services, Bureau of Risk, Insurance & Fleet
Management. In connection with the 2011-12 Financial Plan, and as discussed
previously with the Accounting/Budget/Bursars recharge committee, campuses have
been notified that the cost of the insurance premium will be allocated to campuses
based on each campus’ proportion of System-wide full-time faculty. Campuses may
want to have internal discussions about allocating the cost among departments or other
Overseas Insurance Program
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August 11, 2011
units on the campus, but should be aware that this is not just a Study Abroad expense;
the insurance benefits all faculty and staff who travel abroad, whether engaged in
research, conferences, educational programs or study abroad activities.
Detailed information about the insurance coverage is available upon request
from either the Office of General Counsel or the Office of Global Affairs. In summary,
the insurance program now provides the following types of coverage:
1. General Liability Coverage ( ACE International Advantage Program Policy)
Includes: commercial general liability, contingent automobile liability (for
rented or leased vehicles), employers responsibility (primarily medical and
repatriation coverage for medical emergencies and political unrest). The
amount of coverage is $1 million per occurrence.
2. Educators Legal Liability (Chartis)
Includes: Directors and Officers liability and employment practices liability,
such as claims of discrimination, wrongful termination, sexual harassment
and breach of contract. The amount of coverage here is also $1 million per
occurrence with applicable deductibles ($25,000 and $50,000 respectively).
Both General Liability and Educators Legal Liability coverage is available for
all countries with the exception of those under trade embargo or sanctions
from the U.S.
3. Kidnap and Ransom Coverage (Chubb Executive Protection Package).
Covers costs and expenses including ransom or extortion payments and
replacement salary arising out of a kidnapping or a threat thereof. Provides
access to the services of the Ackerman Group, a security consulting-crisis
response firm. Covers employees and students and their relatives or guests.
Coverage is worldwide with the exception of Nigeria, Iraq, Afghanistan,
Pakistan, Sudan and Somalia. The amounts of coverage are confidential, in
order to protect the viability of the coverage.
As with all insurance policies, it is critical to coverage that the insurer be notified
as soon as reasonably possible of a potentially covered incident or claim/lawsuit. In
order to maximize the extent of coverage the following processes should be put in place
by all SUNY campuses:
1. Designate a campus point of contact for travelling faculty and staff.
2. Communicate the contact information to faculty and staff prior to travel overseas.
Overseas Insurance Program
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August 11, 2011
3. Instruct travelling employees to immediately contact the campus designee upon the
occurrence of an incident (motor vehicle accident, kidnapping, death or bodily
injury, medical emergency, political unrest necessitating repatriation).
4. IN THE EVENT OF A KIDNAPPING: As a client of Chubb, you are guaranteed
immediate response from The Ackerman Group Inc. In the event of a kidnapping,
you may immediately contact The Ackerman Group (305.865.0072, day or night)
and identify yourself as a Chubb Insured. Please see attachment RISKNET™.
5. IN THE EVENT OF A MEDICAL OR POLITICAL EMERGENCY: Call Europ Assistance®
USA for Medical and Political Evacuation Emergencies, for Emergency Travel, Legal
and personal Assistance Services and for Concierge Services. Call Europ Assistance®
USA at (800) 766-8206 (if calling from U.S. or Canada) or if calling outside the U.S.
and Canada, the following number should be utilized: IDD + 800 0200 8888. Please
see attachment Executive Assistance® Services or go to the web site
www.aceexecutiveassistance.com (Login id: acepremier Password: 7kilt6)
.
6. In the case of all other incidents, contact should be made with OGS Bureau of Risk,
Insurance & Fleet Management at BRIM@ogs.ny.gov, who will in turn notify Cool
(the insurance broker) to report the claim.
7. All written claims, demands for financial compensation or legal papers should be
sent as soon as possible to OGS Bureau of Risk, Insurance & Fleet Management at
BRIM@ogs.ny.gov with a copy to your campus counsel. OGS will in turn notify Cool
to report the claim.
Please direct any further questions about this insurance program to Deputy General
Counsel Marti Anne Ellermann at 518-320-1306 or Marti.Ellermann@suny.edu or Mitch
Leventhal at 212-317-3546 or Mitch.Leventhal@suny.edu.
.
Attachments
cc:
Vice Presidents, Administration
Vice Presidents, Academic Affairs
Directors/Deans, International Education
Chancellor Zimpher
Chancellor’s Cabinet
All Attorneys, Office of General Counsel
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