A76: Insurance / Indemnity to meet potential legal liabilities

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IRAS Q&A: Suggested Answers for Insurance Questions 2011
A76: Insurance / Indemnity to meet potential legal liabilities
A76-1: What arrangements will be made for insurance and/or indemnity to meet the
potential legal liability of the sponsor(s) for harm to participants arising from the
management of the research?
Options:
1
2.
NHS indemnity scheme will apply
Other insurance or indemnity arrangements will apply (give details below)
“The University has in force a Public and Products Liability policy which provides cover for
claims for “negligent harm” and the activities here are included within that coverage
subject to the terms, conditions and exceptions of the policy.”
A76-2: What arrangements will be made for insurance and/or indemnity to meet the
potential legal liability of the sponsor(s) or employer(s) for harm to participants arising
from the design of the research?
Options:
1
2.
NHS indemnity scheme will apply
Other insurance or indemnity arrangements will apply (give details below)
“The University has in force a Public and Products Liability policy which provides cover for
claims for “negligent harm” and the activities here are included within that coverage
subject to the terms, conditions and exceptions of the policy.”
A76-3: What arrangements will be made for insurance and/or indemnity to meet the
potential legal liability of investigators/collaborators and, where applicable, Site
Management Organisations, arising from harm to participants in the conduct of the
research?
If NHS Sites are involved then option 1 will apply if not option 2
Options:
1.
NHS indemnity scheme will apply
2. Research includes non-NHS sites (give details of insurance / indemnity arrangements
for these sites below)
A77: Has the Sponsor(s) made arrangements for payment of compensation in
the event of harm to the research participants where no legal liability arises?
Warwick does have (limited) insurance cover for non-negligent harm, but for the purposes
of all applications the answer should be no unless the REC insist cover is declared to the
participants recruited to the research project via the Participant information sheet.
1 Research Support Services. v3
D.Greer
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