A.1.5 Staff and Volunteer Liability Insurance

Extension employees and authorized volunteers are protected by the University’s General Liability (bodily injury and property damage) and educator's legal liability (wrongful acts) insurance while they are engaged in educational activities on behalf of the University so long as the employee or volunteer is acting with the good faith belief that the actions are in the best interests of the University and the action is not criminal.

This insurance includes liability protection for accidents or injury to the general public resulting from alleged negligence on the part of the University or its employees/volunteers while on University property, property leased by the University, or at University functions. It also covers liability stemming from injury to the general public resulting from consumption of food or drink that the University distributes. 

VOLT certified and enrolled 4-H volunteers, (and other Extension volunteers), have the same liability protection as an employee when engaged in an approved Extension activity at the time an incident occurs that gives rise to a liability action.

This liability insurance protection is the only protection provided by the University. It covers costs that you may be ordered to pay if you and/or the University are sued for damages incurred during an approved Extension activity. 

Health, accident, and life insurance are not the same as liability insurance or protections. The University does not provide any of these forms of insurance for someone hurt or injured in connection with its activities, unless caused by the University's negligence. The Pine Tree State 4-H Foundation, beginning in 2007, will purchase accident insurance from American Income Life for all enrolled Maine 4-H members and 4-H adult volunteers.  This insurance has a $2,500 limit, no deductible, and applies to all 4-H members and leaders participating in a university-approved 4-H activity. Additional special-event accident insurance may be purchased from American Income Life that covers anyone who is participating in the event (i.e., it covers those not affiliated with 4-H).  Spectators of an event are not covered under this insurance, only participants.  The link to the insurance application is:  http://www.americanincomelife.com/4h2.htm.

Vehicle Liability Protection

Paid staff and 4-H volunteers in good standing are also given liability protection when driving university vehicles for official travel. However, both staff and volunteers using their own vehicles for 4-H activities should have adequate liability insurance since their insurance is primary. The University would provide secondary liability protection, in excess of a staff member’s or volunteer’s insurance (based on the previously outlined criteria for university protections to apply). The University will not reimburse someone for any deductible or liability claim paid by insurance or for damage to a personally-owned vehicle, unless caused by the University’s negligence.

All university employees and 4-H volunteers who will drive a University vehicle must complete a License Verification Form  and return it to the Motor Pool on the Orono campus.  If vehicles are used from another UM campus, that campus's procedures must be followed.

Personally-owned vehicles used for University-related business should be properly registered and inspected and appropriate for such use.  All staff should review University Administrative Practice Letter #27 for full details on motor vehicle use.  (http://www.maine.edu/oft/apl27.pdf)

4-H volunteers who drive in the course of their volunteer duties must file a copy of their proof of insurance (required by state law) and provide information (license number & expiration date) from their driver’s license to their Extension contact person. This information is kept on hand in the Extension office so it is available in case of emergency. Remember, everyone must wear a seatbelt at all times while in a moving motor vehicle in the state of Maine.

In the event of an accident, these are the steps staff and volunteers must follow:

• report the accident to your county Extension contact person and ask him/her to contact the office of the Operations Administrator or the Program Administrator for the 4-H Youth Development Program;
• file a Driver’s Report of a Traffic Accident, available from the police, with the Secretary of State’s office, 29 State House Station, Augusta ME 04333 within 48 hours; and
• send a copy of the accident report to the office of the Operations Administrator, UMCE, 5741 Libby Hall, Orono, ME 04469-5741.

Liability for Errors and Omissions

The University’s errors and omissions insurance provides coverage for all employees and volunteers who are engaged in educational activities in case of a lawsuit brought against the University or one or its employees or volunteers because of an alleged wrongful act. The limit is in excess of $1 million per individual per suit, per year. This insurance covers most wrongful acts as long as the employee or volunteer is performing their University-related job or function, and is acting with the good faith belief that the actions were in the best interests of the University and the action is not criminal.

To be covered by this liability insurance it is important for 4-H volunteers to be VOLT certified, currently enrolled with their county Extension office, and make sure their county Extension contact person is knowledgeable about their 4-H activities. Documentation is important in case there is a question about whether a specific volunteer or activity is covered. Authorized activities include all educational activities in which the volunteer is acting on behalf of Extension, or in place of a regular Extension employee.

Summary

Extension staff and authorized volunteers have liability protection while doing educational activities on behalf of University of Maine Cooperative Extension. 

4-H volunteers should follow these steps to make sure they are protected by the University’s liability insurance while performing University-related activities:

• Be VOLT certified and enrolled with their Extension office.
• Teach, model and emphasize safety in all 4-H activities.
• Make sure that activities are approved by appropriate Extension staff.
• Make sure their Extension staff knows when and where the approved activities take place.
• If driving on official business, file proof of auto insurance and provide information (license number & expiration date) to the county Extension Office.
• Make sure everyone in any vehicle wears a seatbelt.

Appropriate activities include all educational activities in which a 4-H volunteer is acting on behalf of Extension, or in place of a regular Extension employee. Documentation, such as 4-H volunteer enrollment records and written information from the volunteer to their Extension contact person about the activities they undertake, is important in case there is a question about whether a specific volunteer or activity is covered by the University’s liability insurance.

Other adults who support the 4-H program should be under the direction of enrolled, certified volunteers.  The Good Samaritan Law and the Volunteer Protection Act may provide protection for other volunteers.

If needed, Extension staff must make the appropriate arrangements for Certificates of Liability coverage  for specific events.  Staff should complete a Liability Insurance Certificate Request (Word PDF) and email or fax it to the person indicated on the form.  See also Certificate of Insurance Guidelines (Word PDF).

Rev. 10/2007

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