COOPERATIVE EXTENSION
Staff Orientation
RISK MANAGEMENT BRIEFING
Jamie Ferris CIC, AAI, CPIA
P. W. Wood & Son, Inc.
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The University and
The Associations
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Cornell & Associations are affiliated for
education & supervision
Cornell has oversight responsibility as agent for
the State of New York by virtue of NYS County
Law Article 5, 224(b)
Treated separately for risk management &
insurance issues:
Therefore Cornell does not offer direct legal or
insurance protection to the county Extension
Associations
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Extension Associations:
A Scattered “University”
CCE owns and leases facilities
 CCE conducts a wide range of
programming
 Extensive youth programming
 Thousands of grants and contracts
processed every year
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Wood Office Role
Extension Administration out sources
the risk management services for
Associations to The Wood Office
 We monitor the insurance programs
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General liability
 Auto liability
 Workers compensation
 4H accident insurance
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CCE Risk Management Process
A
systematic program we
have in place to prevent
losses from happening or
prepare to handle losses from
unexpected, unintended or
accidental events
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Risk: Dave’s Definition
Any event or circumstance that
presents the possibility of exposure to
loss or danger to CCE as an
organization, its Board, staff,
volunteers, program participants, the
general public or property
 Risk may be from internal or external
sources.
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The Impact Of Risk
Risk creates an exposure for financial
loss
 Risk impacts people
 Risk impacts property
 Risk impacts operations
 Risk impacts revenues
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Who Is At Risk Of Liability?
The Association
 Directors
 Employees
 Volunteers
 Participants
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Liability Exposure Examples
Someone is injured on premises
 Someone injured during an activity or
program
 Vehicle accident causing injury or
damage to another party
 Liability from vendors/contractors
 Liability assumed from contracts
 Sexual abuse or molestation exposure
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LEGAL SOURCES OF LIABILITY
LIABILITY GENERATORS
COMMON
LAW
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STATUTORY
LAW
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JUDICIAL
INTERPRETATION
STATUTORY LIABILITY
THE BIG
THREE
CRIMINAL
LAW
TORT
LAW
Vicarious
Liability
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CONTRACT
LAW
Tort Liability Chart
TORT
LAW
STRICT
LIABILITY
PRODUCTS
BLASTING
DANGEROUS
ANIMALS
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INTENTIONAL
TORTS
E.P.L.
LIBEL
SLANDER
COPYRIGHT
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UNINTENTIONAL
TORTS
NEGLIGENCE
PREMISES
OPERATIONS
VEHICLES
A Tort Is Not A Pastry!
A tort is created when you cause an
injury to a person or damage to their
property that results from your
wrongful or negligent act
 Usually a civil wrong
 Does not include breach of contract
 Four parts to a tort
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#1: There is a Duty Owed

There must be some duty owed to
another party
i.e. They have a right to personal
safety on your premises or in your
activities
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Or they must have a protected right
i.e. freedom from sexual abuse
freedom from libel or slander
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#2: A Breach Of The Duty
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There must be a breach of the duty
owed
injury or damage by your negligence
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An invasion of the protected right
A person is sexually abused
Damage of reputation as a result of
libel or slander
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#3: Harm Results From
Breach Of Duty
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There must be actual harm as a result
of the breach of duty or invasion of
right
physical injury or death
property loss or damage
mental anguish
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#4: There is No Legal Justification
For the Breach of Duty
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There is no justification for the actions
of the person or organization that
caused the breach of duty or invasion
of rights
There is no legal privilege
There is no immunity – good
Samaritan
There is no intervening force
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Duty Of Care Hierarchy
Highest duty of care is owed to
children
 Business invitees
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Social guests
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You are making money off them
i.e. A guest in your home
Trespassers even have rights
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Risk & Insurance Review
We review activities & programs
 We review grant requests
 We review Contracts
 We monitor use of CCE facilities by
outside groups
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Why We Review Activities
Is the activity related to CCE’s
educational mission?
 Check for insurance coverage
 Check for any unusual risk exposures
 Recommend safety techniques
 Collaborative activities with other
organizations for shared liability.
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Why We Review Grants
Is the contemplated program/activity
related to CCE’s educational mission
 Check for insurance coverage for
proposed program or activity
 Advise you if the program will generate
additional insurance cost
 Check for any contractual issues
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Why We Review Contracts
Keep within scope of insurance
coverage
 Prevent signing of contracts that are
outside of the insurance coverage
 Negotiate change if necessary
 CCE should not assume liability by
contract it is protected from by law
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Law Of Contracts
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Contract law changes the normal rules
of tort law
The contract language governs
liability responsibility
New York strictly construes and
enforces contract language
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Contractual Liability Issues
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HOLD HARMLESS
An assumption of
risk
Limited form is
what we want
Broad form is what
they ask for
It is a binding legal
obligation
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Indemnification
A contractual
obligation to pay
for damages
Obligation exists
even if there is no
insurance
Even if not your
fault
Our “Most Wanted” List
Government contracts
 Facilities use forms
 Waivers of liability & assumption of
another party’s liability
 Equipment leases
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All types of equipment
“Licenses”
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Malls, schools, colleges
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Certificates of Insurance
Certificates of Insurance provide
evidence of required insurance
coverage
 New York insurance regulations strictly
govern the issuance of certificates
 We review and issue thousands of
certificates every year for CCE
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Types of liability insurance

Commercial general liability

Covers CCE activities and premises
Business auto liability (next slide)
 Directors & Officers liability
 Umbrella or excess liability
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Auto Liability
Extension owned vehicles
 Employee vehicles
 Volunteer vehicles
 Commercial driver license
requirements
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10 passenger vehicles hauling kids &
disabled
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Background checking Staff
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Motor vehicle
record
All new hire
prospects must be
checked after offer
of employment but
before putting on
payroll
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Background checks
Check any staff that
will work with
youths or
vulnerable
populations
This includes
potential new hires
Background check Volunteers
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Motor Vehicle
check
Check volunteers who
have driving in their
volunteer
responsibilities, who
drive CCE vehicles, or
who will drive on long
trips over 100 miles,
Need 2 drivers
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Background check
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All volunteers beyond
board members are
required to be
checked-no
exceptions
Check any volunteer
who will volunteer for
CCE for more than
one calendar day/date
per year.
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Risk Avoidance
If a risk cannot be controlled, insured
or transferred there is no choice but to
avoid the risk altogether
 This is an extreme measure to handle
risk but may be the only choice
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F.O.R.M. CODE 1501
Guide to Risk management &
insurance section
 Resource to guide management and
staff
 Specimen forms
 List of approved and disapproved
activities
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Submission for review
New Program
Use contract/grant submission form
 Submit for our Risk Management &
Insurance review in the earliest stages
of the planning process
 Do Not wait until the last minute to
bring us in
 Do Not assume if another association
is doing it we have approved it
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Submission for review
contract
Use contract/grant submission form
 Send complete copy of all documents
 Give us ample time for review in case
we require a change
 Nothing should be signed until we
approve
 Only Board President or ED can sign
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Summary
The Wood Office provides risk
management and insurance services to
the county Extension Associations as
part of the University’s oversight
responsibilities to NYS
 We are a resource to help you with risk
management and insurance issues
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Key Wood Office contacts
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Jamie Ferris
 jamie@thewoodoffice.com
Karen Supek
 karen@thewoodoffice.com
Erin Shoemaker
 erins@thewoodoffice.com
Office phone: (607) 266-3303
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