Insurance Guidelines and Waiver Information
The Risk Management Department’s mission is to encourage and support practices that mitigate the effect of adverse events that could affect people, property, and the mission of the University of Rochester. To this end, the University of Rochester has set insurance requirements for suppliers and outside parties with whom we engage in business. The supplier or outside party is required to provide a Certificate of Insurance, or COI, that demonstrates the required coverages prior to the start of work.
Minimum Insurance Requirements
The minimum insurance limits required in the University’s agreements are prudent, reasonable, and easily attainable in the insurance marketplace for most businesses. These insurance requirements provide the University of Rochester with the assurance that there is financial protection to cover the legal obligations of those with whom we do business.
Risk Management does not recommend that insurance coverages be waived or deviated from if at all possible.
Requesting an Insurance Waiver
Before requesting a waiver, departments must check with the supplier or outside party to confirm that they do not carry the required insurance. If the supplier or outside party carries insurance, the department should request a Certificate of Insurance. If the supplier or outside party does not carry the required insurance, the department (not the supplier or outside party) should request an insurance waiver.
Please note: The Department that requested the waiver will become financially responsible for any costs for which the University of Rochester becomes liable that are not covered by insurance.
An insurance waiver can be requested at the link at the bottom of the page.
Exceptions to Policy are exactly that – Exceptions. It is the practice of the Risk Management Office to discourage waivers and not approve them unless they meet strict exemption criteria. It is important to note that a waiver of the University of Rochester’s insurance waiver requirements is not a waiver or release of the indemnification requirement contained in the Purchasing Supplier Terms and Conditions. The Insurance Requirements serve to provide evidence of the financial capability of the Contracting Party to meet their indemnification promise. By waiving the insurance requirements, we are allowing the contractor the option to choose to fund any loss that occurs in some way other than through insurance. It does not mean that the University does not expect the Contracting Party to not fulfill their indemnification promise in the event of a loss. Please be sure that the Contractor is aware of this distinction so they can consider the potential consequences when determining whether or not they want to purchase insurance coverage for their business operations.
Minimum Criteria for an Insurance Waiver
When a waiver is requested, the supplier or outside party in question should not be engaged for work until the waiver is granted. Requests for a waiver will not be considered after a contractor has already begun work.
Corporations and other legal business entities are not eligible for a waiver if required coverages are considered standard business insurance requirements.
The following minimum criteria must be met.
The service has not yet been provided.
The contract is between an academic, research, administrative unit, or department, and a supplier or outside party.
The services absolutely do not involve working with minors.
All other standard University requirements for executing a contract of that particular type are met.
The following indemnification clause is included in the contract and accepted by the service provider without modification:
- “Supplier shall indemnify, hold harmless, and, if requested, defend, Customer from all claims, demands, judgments, fines, replacement costs, damages, losses, and expenses including legal costs and attorneys’ fees (collectively “Liabilities”) arising out of or relating to Supplier’s performance or failure to perform under the Agreement, including (i) Supplier’s or its subcontractors negligence or intentional misconduct, (ii) any breach of the terms of the Agreement, (iii) personal injury, including death, or damage to property caused by Supplier or its subcontractors, (iv) product liability claims, and (v) any allegation the goods or services or any component thereof infringes or otherwise violates the intellectual property rights of any third party, except, in each case where the Liabilities are due solely to the negligence or wrongful acts of Customer.
- Customer shall provide timely notice of any claim subject to indemnification hereunder, and shall render control of the settlement and defense to Supplier, subject to Customer’s right to join in the defense of the suit, at its expense, and to approve any admission of guilt or liability, and the terms of any settlement; such approval not to be unreasonably conditioned, delayed or withheld.”
Submitting a Request for an Insurance Waiver
Departments who are procuring goods or services that meet the exemption criteria listed above can submit a Request for Waiver of the Insurance Requirements to the Corporate Purchasing Department.
- Complete the form at the link below
- Attach all relevant documentation including contracts, Statements of Work (SOW), quotes, Master Service Agreement (MSA), grants, etc. For non-standard agreements, please contact Procurement_Service_Center@UR.Rochester.edu with any questions.
- Corporate Purchasing and Risk Management will review your waiver request. Either Department may ask additional questions to clarify the scope of work.
- If appropriate, the waiver will be approved and the applicant will be notified.
- If the scope of work upon which the waiver was approved is changed, the waiver becomes void.
- Please allow up to five business days for processing.