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STRIMA Annual Conference, Lexington, KY Why Can’t State Risk Managers and University Risk Manager’s Be Friends? Louis Drapeau, University of Kentucky Scott Jordan, State of Alaska Jen Coney, State of Oregon Jean Demchak, Education & Public Entity Leader, Marsh September 21, 2011

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STRIMA Annual Conference, Lexington, KY

Why Can’t State Risk Managers and University Risk Manager’s Be Friends?

Louis Drapeau, University of KentuckyScott Jordan, State of AlaskaJen Coney, State of Oregon

Jean Demchak, Education & Public Entity Leader, MarshSeptember 21, 2011

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Discussion Outline

Current program for each panelist

Association Statistics

State Government vs. Higher Education– Risk Profiles– Coverages– Services

Future Considerations

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“State of the Union”

State of Oregon

University of Kentucky

State of Alaska

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“The World According to GARP”

STRIMA– 45 States participate in RM Survey– Higher education as “clientele”

10 states DO NOT include 35 states DO include

University Risk Management Insurance Association (URMIA)– 4,500 Institutions in U.S.– 500 Risk Managers

Peer benchmarking challenging

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Risk Profile: State Government Programs

The protection of sovereign immunity and the birth of the doctrine dates back to the 13th century in the Kingdom of Britain, when the courts decided the King could do no wrong.

Absence of capitalism with State governments. – Not driven by same “risk of loss” for settlement in private industry,

governmental entities do not suffer from the same pressures in this regard. State government: budgets are set they are not profit-making entities they can rely on tax dollars they are not subject to punitive damages

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Public vs. Private – Sovereign Immunity

In most states, government entities such as public colleges and universities, and cities and counties, are protected by sovereign immunity – which works together with general liability policies.

Sovereign immunity can cover mistakes and accidents as long as they were not done with willful negligence or malice. Pursuant to this protection, the public entity may have caps on the amount to which they can be held liable, or immune from suits.

STRIMA– 4 states with total immunity– 35 states with limited/partial immunity– 4 states with no immunity

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Risk Profile: State Government Programs

Agency Operations– Employee base (unions)– Aviation– Transportation– Prison– Department of Public Works– Children and Family Services– Power / Energy / Sewer– Hospitals– State Police – Marine

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Risk Profile: State Government Programs Cont.

Higher Education– Main University – Community Colleges– State University / Regional

K-12 municipal or regional oversight– Charter Schools– For profit

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Risk Profile: Higher Education

Academic environment with open culture

STUDENTS!!!

Publics compete with Privates, For Profits and Non-US institutions

Employee base (staff, faculty, grad students)

Operations include:– Residence Halls – Food Service– Transportation– Campus Security– Aviation– Administration– Athletics

UK: 4H State-wide Program; Agricultural Extension Service

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Risk Profile: Higher Education continued

Academic Medical Centers Patient Safety Medical Training UK Level I Trauma Center

Research– Sponsored programs– Funding contingencies– Clinical trials

Human subject safety Alignment with peers

International Programs– K&R– Terrorism– WC

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Coverages: State vs. Higher Education

Casualty– General and Automobile Liability

Workers Compensation

Property

Public Officials vs. Educators Legal Liability

Aviation

Marine

Higher education specific:– Out of state operations– Fine arts, – Foreign programs (K&R, SOS, Crisis Mgt., WC, DBA)– Contractual liability – Athletics– Student: Health care and professional liability

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Services: State Vs. Higher Education

Claims administration

Information services

Legal defense

Risk control

Appraisals– Property

Fine Arts– Public vs. private appraisers / inspectors

Other

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Emerging Areas for Consideration

Total Cost of Risk Model– State Government– Higher Education

URMIA TCOR I Whitepaper 2008 URMIA TCOR II Advanced Whitepaper 2011

- Dynamic worksheets

Enterprise Risk Management– State Government– Higher Education

URMIA ERM Whitepaper 2007

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Speaker Contact Information

Jen Coney, ManagerRisk ManagementState of Oregon

State Services DivisionDepartment of Administrative Services

503 373 [email protected]

Scott Jordan, Director, Division of Risk Management

State of Alaska907 465 5723

[email protected]

Louis J. DrapeauDirector of Risk Management

University of Kentucky859.257.6214

[email protected]

Jean Demchak, Managing DirectorGlobal Education & Public Entity Leader

Marsh, Inc.860 938 0175

[email protected]