Insurance Advice: Frequently Asked Insurance Questions
For further details on any of these issues, please contact Tom Pontt on 8313 3878.
Contracts and agreements - includes indemnity clauses and professional indemnities
Student field trips, work experience and internships
Off-campus activities
Purchase or sending of equipment or material
Motor Vehicles
Research
Travel insurance coverage and claims
Contracts and Agreements
Q: We have been asked to sign a contract that has a ‘hold harmless’ indemnity clause. Can we sign this?
DO NOT sign any contract that has a hold harmless clause as the University insurer will not support the University in the event of a claim. By accepting the hold harmless clause the University has given up its right to indemnity under an insurance policy.
Q: The School is entering into a contract with the ABC Company Pty Ltd to provide consulting services. They are asking for indemnity from the University. Can we sign this?
The School is unable to sign a contract in its own right, the contract must be in the name of the University and the terms and conditions must be subject to a legal review. For a consulting services contract, the management of the contract should be referred to ARI Pty Ltd to ensure that it meets the requirement of the University.
Our insurers require that any indemnity being entered into by the University be subject to a legal review. Should a claim arise out of the contract and it is shown that the contract does not conform to the University requirements, the insurer may deny liability and all cost and expense would then rest with the School.
Q: We have contracted to have a building painted by the ABC painting company. Do we need to have the contractor provide us with proof of Professional Indemnity insurance?
No, unless the painting company has provided the University with professional advice that the University followed, and which would result in the University suffering a financial loss if the advice turned out to be incorrect. The painting company is unlikely to provide that kind of advice.
Q: We have contracted with an architectural firm to design a new building. Do we need have them provide Professional Indemnity insurance and if so how much?
Yes. The firm is providing the University with professional advice upon which the University will rely and if that advice is incorrect then the University could suffer a financial loss (for instance, if the design is flawed and the building later collapses). The amount of Professional Indemnity insurance depends upon the level of risk involved.
It is the responsibility of the project manager to undertake a risk assessment of the consultancy being provided to determine the likelihood and consequence of risk with the project. The outcome of the risk assessment will assist in negotiating the amount of insurance that the consultant should have. Further assistance with the risk assessment can be sought from Anne Hill (Manager, Risk Services) on 8313 4603.
Students – Field Trips, Work Experience and Internships
Q: Our students are going on a field trip are they covered by insurance?
Students are covered under the University insurance program for Public Liability should their actions or lack of action result in a loss or damage to a third party. Students are also covered by the Student Personal Accident Policy in the event of suffering a personal injury.
It should be noted that the policy only provides for medical expense not covered by Medicare.
Q: Our students are going on a field trip and will be driving University vehicles. Are they covered by insurance?
Providing the student holds a current driving licence and has been approved by the Head of School or Business Manager to drive a University vehicle, they are covered by the University Motor Vehicle Insurance program. There is an age excess applied for drivers under 21 years of age, under 25 years of age, or inexperienced drivers who have only held their drivers licence for a period of less than 2 years.
Q: A student is going on work experience with the ABC Company. What insurance do we have for this student?
Students undertaking University-approved work experience or community placement are provided with Piblic Liability Insurance, Travel Insurance and Personal Accident Insurance. The Student Work Experience Guide should be used to ensure that the students, the University and the host organisation have a clear understanding of both the indemnity offered to the student by the University, and the obligations placed upon the student by the host organisation.
Q: I am a student of the University. I want to undertake work experience with the ABC Company during the semester break. The ABC Company has asked me for proof of Public Liability. Will the University insure me?
No. The University only provides insurance for students undertaking work experience as part of their course of study and with the approval of Head of School. If you or your parents have a public liability policy as part of your home insurance you may be able to obtain cover through that facility.
Q: I am an International Student and with the support of my School, I am going to start an internship with the ABC Company. The company has asked for proof that I have Personal Accident insurance.
As an international student you have the health insurance purchased to meet your visa requirements and you are also provided with the University student Personal Accident insurance. The Personal Accident insurance does not provide insurance for any claim that can be lodged under Medicare or your International Student health insurance program.
Off-campus Activities
Q: We are holding an event in the parklands and the Council has asked for proof of insurance. How can I get one?
A Certificate of Currency is available as proof of insurance and can be emailed to you to provide to the Council. Contact Tom Pontt (Insurance Officer) in Legal & Risk on 8313 3878.
Q: The School is hosting an international conference that is being held at a resort in Victor Harbour. Are we covered for Public Liability?
Yes - Provided that you advise Legal & Risk in advance of the conference so that we are able to inform the University insurers. A Certificate of Currency is also available as proof of insurance and can be emailed to you. Contact Tom Pontt (Insurance Officer) in Legal & Risk on 8313 3878.
Purchase or Sending of Equipment or Material
Q: We are shipping research material to the USA. Is this covered by insurance?
Yes – This is covered under the Marine Transit policy. Insurance is automatic and there are no forms to be filled out. If the value is greater than $10,000 inform Legal and Risk in advance so that the insurer can be advised of the shipment, as they may require that an inspection of the packaging and method of shipping be undertaken. You should also ensure that any licence or permit requirements associated with export are met.
If you are in doubt and require further guidance, contact Tom Pontt (Insurance Officer) in Legal & Risk on 8313 3878.
Q: We have purchased high value equipment in Germany that is going to be shipped to the University. Do we have insurance for this?
There are two ways that this equipment can be insured.
- The manufacturer can insure the shipment on a Free into Store basis. This is the best approach and the preferred option as the manufacturer will take more responsibility for the packaging and method of shipment.
- The other option is for the University to insure the equipment under its Marine Transit policy. This requires advance notice of the shipping to Legal & Risk so that the insurer can be advised. Depending upon the value of the shipment, an additional premium may be charged which will be the responsibility of the School to pay. The insurer may also require that an inspection by a Marine Surveyor be undertaken to ensure that the equipment is correctly packed and is shipped in a manner that will not cause damage. This option will incur additional costs for the School.
Motor Vehicles
Q: I am in the School of Humanities. One of our vehicles has been damaged and will cost $1,500 to repair. Do we have to report it to the insurance company?
As long as there is no third party involved to claim against the University, it is not necessary to report the damage to the insurance company as the cost to repair is less than $2,000. The School can arrange for repair of the vehicle and is responsible for all payment associated with the repairs.
If there is a third party involved then the claim must be reported to the insurer regardless of the cost of repair.
Research
Q: I am undertaking a research project that requires Human Ethics approval. I am using the Royal Adelaide Hospital Human Ethics Committee and they have asked for proof of insurance.
A Certificate of Currency for Clinical Trials and Human Studies can be emailed to you by contacting Tom Pontt (Insurance Officer) in Legal & Risk on 8313 3878. You can attach the Certificate of Currency to your submission to the Human Ethics Committee as proof of insurance.
