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HOW MUCH PROTECTION DOES THE OREGON TORT CLAIMS ACT REALLY PROVIDE?

HOW MUCH PROTECTION DOES THE OREGON TORT CLAIMS ACT REALLY PROVIDE?. Sara R. Stevenson, ARM-P Risk Manager, Washington County October 3, 2013. Good risk management…. …is more important than ever! Leverage the possibility of a “Clarke” or federal claim to motivate others to act!

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HOW MUCH PROTECTION DOES THE OREGON TORT CLAIMS ACT REALLY PROVIDE?

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  1. HOW MUCH PROTECTION DOES THE OREGON TORT CLAIMS ACT REALLY PROVIDE? Sara R. Stevenson, ARM-P Risk Manager, Washington County October 3, 2013

  2. Good risk management… …is more important than ever! Leverage the possibility of a “Clarke” or federal claim to motivate others to act! Prevention is cheap (claims are not)!

  3. Avoid Employment Claims • Develop and enforce policies consistently • Develop written, up to date job descriptions with accurate EJFs • Hire the right person for the job • Train employees and supervisors • Investigate all complaints

  4. Manage Your Fleet Risks • Develop and enforce policies around driving on public entity business • Offer/require defensive driving classes • Check for proper, valid licensing and acceptable driving records

  5. Review Coverage and Limits • Ensure your insurance limits are adequate • Review and understand your coverage • Review and understand the exclusions

  6. Transfer Risk to Contractors (“Agents”) • Require contractors to “defend and indemnify” • Develop written standard insurance requirements for contractors • Require contractors to maintain the appropriate coverage types and limits. • Develop a process for ensuring compliance

  7. Work with Legal Counsel • Consider developing guidelines for employees in “anticipation of litigation” • Take full advantage of all defenses and immunities under state and federal law

  8. Taking these steps up front will ensure that even if the entity is subject to a high damage claim, it will be prepared and sufficiently protected.

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