As a constituent institution of the University of North Carolina and a state agency, UNCW is a self-insured entity as required by and set forth in state law (N.C.G.S. §143-291, et seq.). The university is not allowed to acquire additional or other insurance except by authorization and procurement by the State Department of Insurance (N.C.G.S. §58-31-55). Subject to and consistent with applicable statutes, coverage under the State’s self-insurance program applies to: a) all individuals currently employed by or working for the State and covered by the Defense of State Employees Act; b) authorized volunteers; c) agents of the State; d) individuals previously employed by the State and covered under the Defense of State Employees Act and the policy during their period of employment with the university; and e) individuals employed by UNCW or the University system. Independent contractors are not employees of the State or the university.
The Defense of State Employees Act (N.C.G.S. §143-300.3 et seq.) recognizes that state employees may be named as defendants in their individual capacities as well as their official capacities, based on their job performance. University officers, employees, and agents (not independent contractors) are provided with personal liability coverage for acts or omissions that occur within the course and scope of their authorized work. These protections are defined by statute as well as the terms of the insurance policy. Coverage limits are $10 million per individual, $10 million per occurrence, and $25 million annual aggregate. Exclusions include, but are not limited to, fraud, corruption or actual malice, sexual assault, other criminal acts, immoral acts, and automobiles (coverage provided under motor pool insurance).
Personal liability coverage for university employees is provided in two layers: 1) the State self-insurance program in accordance with the NC Tort Claims Act; and 2) excess liability coverage and limits pursuant to the Defense of State Employees Act. Other approved insurance exists for motor pool coverage while driving state vehicles on university business by employees. If traveling internationally for business, employees should obtain the university’s approved Blanket Accident and Sickness Insurance which can be obtained through the Office of International Programs. (OGC 7/24/2009)
