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Caption: Board of Trustees Minutes - 1980
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450 BOARD OF T R U S T E E S represent that no statements by them concerning the plaintiff were maliciously or wrongfully made. Each of them has represented that all actions alleged to have been taken by them were taken in the course of their University duties, and each has requested the University to defend and indemnify him. Under the University's self-insurance plan for general and professional liability, as modified by the trustees on February 21, 1979, coverage does not extend to exemplary or punitive awards and the plan does not apply to liability and damages resulting from any malicious statement, act or omission. The university counsel has recommended that he be authorized to take such steps as are necessary or appropriate, including the employment of special counsel, to protect the interests of the University in this matter and to provide representation for Professors Schelbert and Ooms, if they so request, with the reservation that the provision of such representation does not waive any term nor constitute an extension of the University's self-insurance plan for general and professional liability. Under such a reservation the individuals would be informed that under the plan the University does not accept responsibility for payment of punitive damages, and that the question of coverage and the University's responsibility for payment of any compensatory damages which may be awarded would be deferred until after a final determination of the facts. I concur. T h e r e b e i n g n o f u r t h e r business, t h e b o a r d a d j o u r n e d . EARL W. PORTER WILLIAM D. FORSYTH, JR. Secretary President
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