Repository: UIHistories Project: Board of Trustees Minutes - 1986 [PAGE 220]

EXTRACTED TEXT FROM PAGE:

1985]

UNIVERSITY OF ILLINOIS

209

Article X I I . Miscellaneous Provisions

1. COVERED PERSON'S DUTIES IN THE EVENT OF OCCURRENCE, CLAIM, OR SUIT

A covered person shall submit to the [director] university counsel or designee at the earliest reasonable time following an occurrence, statement, act, or omission which might result in a claim under the plan, a written notice containing particulars sufficient to identify injured persons, covered persons, witnesses, and the time, place, and circumstances of occurrence or [professional] University service. If claim is made or suit is brought against a covered person, the covered person shall, not later than fifteen days after receipt, forward to the university counsel every demand, notice, summons, or other process received by him or his representative. T h e covered person shall cooperate with the employer and, upon the employer's request, assist in making settlements, conducting suits, and enforcing any right of contribution or indemnity against any person who or organization which may be liable to the covered person because of injury or damage with respect to which coverage is afforded under the plan; and the covered person shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The covered person shall not, except at his own cost, voluntarily make any payment, assume any obligation, or incur any expense. Failure of the covered person to cooperate with the employer or give any notice required under the plan or deliver summons and complaint to the university counsel not later than fifteen days after service of process shall constitute a waiver of the coverage provision provided by the plan.

2. ACTION AGAINST EMPLOYER UNDER THE PLAN

No action shall be brought or maintained against the employer under the plan unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of the plan, nor until the amount of the plan's obligation to pay shall have been finally determined either by final judgment against the covered person or by written agreement of the employer and the claimant. No person or organization shall have any right under the plan to join the employer as a party to any action against the covered person to determine the covered person's liability, nor shall the employer be impleaded by the covered person or his legal representative. Nothing in the plan shall be construed as a waiver of any governmental immunity or legal remedy or defense of the University, any officer or member of the board, employee or student of the University.

[3. OTHER INSURANCE OF COVERED PERSON

The coverage afforded by the plan shall apply in excess of other valid and collectable insurance.]

3. SUBROGATION

[4.] In the event of any payment under the plan, the employer shall be subrogated to all the covered person's rights of recovery therefore against any person or organization; and the covered person shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The covered person shall do nothing to prejudice such rights.

4. CHANGES IN THE PLAN

[5.] All amendments to the plan subsequent to the date of first approval of the plan by the Board of Trustees shall be prepared by the vice president [for administration] and subject to approval as to legal form by the university counsel. The vice president will submit the proposed amendments to the president