Third Party Use of Member Facilities

 As a public institution, respective campuses/agencies often provide access to your facilities for third-party groups to conduct events on state property.  As state entities, Members are protected from liability by sovereign immunity.  The Texas Tort Claim Act provides very specific and limited situations when, as a state entity, a Member may be liable, but generally, protection under sovereign immunity is very broad.

The same does not apply to third-party groups who may wish to use Member facilities for events.  As a general rule, System Risk Management encourages Members to be diligent in asking questions regarding outside groups and people who are using state property for events.  System Risk Management would encourage Members to ask for proof of insurance as evidenced by a certificate of insurance (COI) and require third-party groups to provide this COI for Member review.

System Risk Management understands this is not a one-size-fits-all requirement.  If in the Member’s analysis, there is a situation where the third party is unable to meet these guidelines, please contact System Risk Management to discuss the possibility of modifying the requirements based on specific facts regarding the event.  It is understood special situations may arise.

There are times when a group or person does not have insurance coverage; however, their involvement with the Member is critical.  The Texas A&M System, as part of the University Risk Management Insurance Association (URMIA), has access to the URMIA Tenants and Users Liability Insurance Program or TULIP.  This program is administered by Gallagher Bassett.  The program allows third-party groups to purchase insurance directly through Gallagher Bassett for specific functions to be held in/on a System Member campus/agency.  It is designed to provide low-cost general liability insurance/accident medical coverage to third-party users of System Member facilities.  It is a web-based process.

The program provides third-party groups with general liability and accident medical coverage for injuries or property damage that may occur during their event on System Member property.  In turn, it protects Members by naming the Member as an additional insured. Sovereign immunity protects Members from liability, however, in the event, that a Member is sued, this policy would provide a defense of the suit.

To access the website for quotes, the third-party group should access the website at URMIA (ajg.com) If this is the first time the third-party group will use the site, they will need to register to create an account.  A user ID is required and can be obtained by contacting the Member’s Member’s Risk Management Contact. The quoting and purchase process will take place between the third-party group and Gallagher Bassett directly.  All the system members will need is the final COI (example attached) from Gallagher Bassett.

This is an outstanding way to build awareness and assist third-party groups who need insurance for a single event.  If you have any questions about this program, please contact us.