Liability Insurance
Liability Coverage for Employees, Students and Volunteers
Officers and employees of the Nevada System of Higher Education (NSHE)
The Nevada System of Higher Education (NSHE) is part of the State of Nevada . Nevada Revised Statutes (NRS) 41.0339 and NRS 41.035 provide that the State of Nevada will defend and indemnify current and former officers and employees of the state for negligent acts that occur while they are acting within the course and scope of their employment provided their acts are not wanton or malicious.
Volunteers
A person who performs volunteer service under the direct supervision and control of and for the benefit of the NSHE is considered an employee and is entitled to defense and indemnification under the NSHE’s self-insured liability program provided their acts are not wanton or malicious. Students performing work required for a class are not generally considered volunteers.
Students who cause an accident
Students are not included under NRS 41.0339 and NRS 41.035. Therefore, if a student causes an injury or damages the property of a fellow student or anyone else, he will not be defended or indemnified by the NSHE.
Students who cause an accident while working as an employee of the NSHE
A student may also be an employee of the NSHE. As an employee, he will be defended and indemnified by the NSHE provided that he was acting within the course and scope of his employment at the time of the accident and his actions were not wanton and malicious.
Students who are members of student government
Students, while working within the course and scope of their duties as members of the student government body, will be defended and indemnified by the NSHE.
Student organizations and clubs
Student organizations, clubs and their members including those organizations sanctioned or recognized as on campus organizations are not persons or entities entitled to defense and indemnification under NRS Chapter 41. This includes organizations and clubs with faculty advisors. However, faculty advisors, if sued as a result of their activities with clubs and organizations will be defended and indemnified.
Students who are injured
Students who are injured by the negligent acts of the NSHE’s employees or volunteers have the same rights as anyone else to bring an action against the NSHE.
Employees who are injured while working for the NSHE
Under Nevada law, the sole remedy for an injured employee is workers’ compensation.
Volunteers who are injured while working for the NSHE
The NSHE has elected to consider volunteers employees for workers’ compensation purposes. Therefore, their sole remedy for injury while volunteering for the NSHE is workers, compensation.
Students who are injured while working for the NSHE
Under Nevada law, the sole remedy for an injured employee is workers, compensation.
Tort Claims Cap
NRS 41.035 limits the amount of damages that can be awarded against an employee of the NSHE to $75,000 per cause of action. This cap applies to claims brought under Nevada in a Nevada Court. It does not apply to claims brought in federal court or in another state.
Tort Claims Fund
The State of Nevada and the NSHE are self-insured for their liability arising out of the negligent acts of their employees. The State’s Tort Claims Fund is funded by the Legislature for payment of claims against NSHE or its employees.
Insurance purchased to protect students
The NSHE purchases medical malpractice and allied health practices malpractice insurance for students at the medical school and for students studying in the allied health areas. These coverages are purchased because health care facilities will not let these students study or work on their premises without commercial insurance.