Transcript HOW MUCH PROTECTION DOES THE OREGON TORT …

HOW MUCH PROTECTION
DOES THE OREGON TORT
CLAIMS ACT REALLY
PROVIDE?
Sara R. Stevenson, ARM-P
Risk Manager,
Washington County
October 3, 2013
Good risk management…
…is more important than ever! Leverage
the possibility of a “Clarke” or federal
claim to motivate others to act!
Prevention is cheap
(claims are not)!
Avoid Employment Claims
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Develop and enforce policies consistently
Develop written, up to date job
descriptions with accurate EJFs
Hire the right person for the job
Train employees and supervisors
Investigate all complaints
Manage Your Fleet Risks
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Develop and enforce policies around
driving on public entity business
Offer/require defensive driving classes
Check for proper, valid licensing and
acceptable driving records
Review Coverage and Limits
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Ensure your insurance limits are adequate
Review and understand your coverage
Review and understand the exclusions
Transfer Risk to Contractors
(“Agents”)
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Require contractors to “defend and
indemnify”
Develop written standard insurance
requirements for contractors
Require contractors to maintain the
appropriate coverage types and limits.
Develop a process for ensuring
compliance
Work with Legal Counsel
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Consider developing guidelines for
employees in “anticipation of litigation”
Take full advantage of all defenses and
immunities under state and federal law
Taking these steps up front will ensure
that even if the entity is subject to a
high damage claim, it will be
prepared and sufficiently protected.