Insurance
Toronto Metropolitan University carries a range of blanket policies covering its campus and operations against typical insurable risks. The coverage does not extend to persons acting on their own or acting outside of the scope of their relationship with TMU. The coverage provided by the university is not a replacement for, but rather a supplement to, their own coverage.
Insurance policies
TMU has the following principal coverage:
- property
- liability
- errors and omissions liability
- automobile
- non-owned auto
- boiler and machinery
- crime
- fine arts
The descriptions below were prepared for quick reference. They provide a short summary of the insurance programs and do not include all of the conditions and exclusions that might apply on these policies. The actual policy, including endorsements, determines coverage. If you have any questions about the insurance implications of an activity or situation in which your department is involved, please contact the insurance and risk officer at 416-979-5000, ext. 553772 or insurance@torontomu.ca.
The property policy covers property of every description, anywhere in Canada and the United States, owned by the university or by others which the university has assumed responsibility for.
Certain types of property are excluded from this policy — notably, the personal property of students, faculty and staff, which is not covered by the university’s insurance policy.
The liability policy covers the legal liability and defense costs arising from bodily injury and property damage including premises and operations (i.e. accidents occurring in the buildings or on the grounds, or at activities related to the university), personal injury, sports activities, professional malpractice, tenants’ legal liability (e.g. property damage to leased or rented premises), employers' liability (where workers' compensation is not applicable) and punitive or exemplary damages.
As opposed to the general liability policy outlined above, the errors and omissions policy provides coverage for liability arising from "wrongful acts." Wrongful acts are defined as any actual or alleged error, misstatement or misleading statement, or act of omission, neglect or break of duty of the insured, or any matter claimed against them solely by reason of their being or having been an insured during the policy period.
The automobile policy covers all licensed vehicles owned or leased on a long-term basis by the university. The automobile policy covers all employees of the university, as well as others who are specifically given consent by the university to drive university-owned vehicles, while driving on university business. Employees’ names, driver’s license numbers and driver profiles must be submitted to the insurance and risk officer before driving any university-owned vehicle.
The non-owned automobile policy complements the standard automobile policy and covers claims for bodily injury or property damage arising out of the use of automobiles not owned by the university. This policy applies to short-term rented vehicles, provided the university's name is on the agreement and the vehicle is being used for university business.
The boiler and machinery policy covers losses relating to sudden and accidental breakdown of all boilers, pressure vessels, mechanical and electrical machinery and apparatus including production machines, fibre optics, process computer controls, pressure, mechanical and electrical equipment on cranes, hoists, elevators, escalators and mobile equipment.
The crime policy covers theft of money or securities by employees or others, and funds transfer fraud.
The fine arts policy covers the university's fine arts collection against physical loss or damage. The university's collection is itemized and provided to the insurance company as well as the location of each item every year prior to renewal.
Deductibles
A deductible represents the amount the insured is required to pay for each loss before receiving any payment from the insurer. The amount of the deductible is the amount the insured retains or contributes to the loss settlement. It is considered to be a partial retention of the loss amount.
TMU’s property insurance policy has a deductible of $50,000. Departments are responsible for the first $5,000 on each property loss occurrence. The university’s general liability policy has a deductible of $1,000.
Certificates of insurance
A certificate of insurance indicates that adequate insurance coverage is in force to protect the interests of Toronto Metropolitan University and other parties.
Certificates can be requested to show the university’s coverage for non-university parties in connection with risks incurred by the university during activities such as student placements, students filming off-campus or university-approved social events. To request a copy of TMU’s insurance certificate, please complete and submit the Insurance Certificate Request Form (external link) .
If you are submitting an insurance certificate to indicate coverage as a non-university party providing services on the TMU campus, please submit your certificate via the Certificate Submission Form portal (external link) .
Practicum placement agreements
For practicum placement agreement forms and templates and additional information on Workplace Safety and Insurance Board (WSIB) guidelines for students on work placements, visit the Practicum Placement Agreements section of TMU’s Office of the General Counsel and Board Secretariat.
Liability waivers
A waiver is a legal document that a person who participates in an activity may sign to acknowledge the risks involved in his or her participation. Waivers are strongly recommended for any activity that presents a higher than normal risk of physical danger, including transportation risks and health, safety, environmental, political or social conditions that may be present in off-campus or out-of-country activities that participants may encounter.
Waivers are required for most student-run events and non-mandatory field trips. Each waiver is specifically designed for each individual activity. A good waiver clearly identifies the risks, which will vary depending on the activity, type of program, location or site, age and skill of participants, and your organization’s staffing and volunteer situation.
If you require a liability waiver, please contact the risk and insurance officer at 416-979-5000, ext. 553772 or insurance@torontomu.ca, who will work with TMU’s Office of the General Counsel and Board Secretariat to develop one specific to your needs.
Reviewing contracts and agreements
The risk and insurance officer can assist with reviewing liability and other insurance provisions contained in any contract/agreement, including any indemnification clauses, hold harmless clauses and waiver language. Before contracts/agreements are signed, a review of the insurance clauses should be undertaken to ensure that they do not impose and/or transfer a liability/responsibility to the university beyond what is reasonable. In most contracts, insurance clauses will have some of the responsibility outlined. However, it is not unusual to find many other clauses and responsibilities sprinkled throughout these agreements.
Insurance requirements should be agreed upon prior to the signing of the contract/agreement and should contain an insurance clause that includes the following:
- type of insurance required;
- limits of each policy; and
- details regarding notification of cancellation of insurance and renewal.
Toronto Metropolitan University should be added as an ‘Additional Insured’ on the contract/agreement and should also be included as part of the insurance clause. It is required that the contractor provides the university with a certificate of insurance prior to the commencement of the contract/agreement.
Hold harmless clause
The hold harmless clause must be included and should only be negotiable when market conditions won’t allow it. The purpose of this clause is to limit the liability of the university and to ensure the contractor accepts liability for negligence in providing the good(s) or service(s).
Punitive damages
Contract/agreement holders should ensure the contract does not include any concession to pay punitive or exemplary damages in the case of breach of contract on the part of the university.
Questions?
If you have any questions or concerns regarding insurance, please contact the risk and insurance officer at 416-979-5000, ext. 553772 or insurance@torontomu.ca.