Tort Immunity
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The State of Texas Legislature provides sovereign immunity for state organizations, including the University of Texas System (the UT System). As such, the UT System General Counsel has prepared the summary statement below to exempt the UT System from general liability insurance requirements.
Summary Statement of Insurance Risks for The University of Texas System
It is the stated policy of the State of Texas not to acquire commercial general liability insurance for torts committed by employees of the state who are acting within the scope of their employment. Rather, Chapter 101 of the Civil Practice and Remedies Code states "that a governmental unit in the state is liable for property damage, personal injury and death proximately caused by the wrongful act or omission or negligence of an employee acting within his scope of employment...." Liability of the state government under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.
Exceptions
The primary reasons why on rare occasions, the UT System purchases General Liability coverage include:
- Exposure is outside of the State of Texas
- Coverage is required by contract and the above immunity language will not be accepted
General Liability Claims Reporting
Third party claims can occur as a result of injuries or damages sustained by a third party that are caused by the Institution. The Office of General Counsel of The University of Texas System requires immediate notice of the essential details of any possible claim that may arise under the Texas Tort Claims Act (Chapter 101, Texas Civil Practice & Remedies Code).
Prompt reporting of claims or possible claims arising under the Texas Tort Claims Act is necessary so that:
- Potential legal action can be identified;
- Complete facts required for the assessment, resolution and/or defense of such a claim can be obtained and;
- Any required third party notifications, including notice to the Attorney General's office or any applicable insurance carriers can be timely given.
For more information regarding claims reporting for General Liability, refer to UTS114 Reporting Claims (or Possible Claims) Arising Under Texas Tort Claims Act.
