Risk Management

In addition to the protections offered by the New Jersey Tort Claims Act, the University maintains various insurance policies, for which details on some of those insurances and programs are detailed below. For more information about insurance, or if any questions, please contact:

Risk Management
phone: 973-655-7410
e-mail: riskmanagement@montclair.edu

Montclair State University, including all of its colleges of which Bloomfield College of Montclair State University is a part, is an agency of the State of New Jersey. As such, with noted exceptions, Montclair is prohibited from providing indemnification. Additionally, Montclair is subject to all of the provisions of the New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.), the New Jersey Contractual Liability Act (N.J.S.A. 59:13-1 et seq.), and the availability of appropriations.

The State of New Jersey does not carry public liability insurance; however, the liability of the State and the obligation of the State to be responsible for tort claims against its employees is covered under the terms and provisions of the New Jersey Tort Claims Act. The Act also creates a fund and provides for payment of claims under the Act against the State of New Jersey or against its employees for which the State is obligated to indemnify against tort claims, which arise out of the performance of their duties.

Students as individuals are not covered under the New Jersey Tort Claims Act and are considered individually liable for their own acts, errors, and omissions. If a student is a University employee within the scope of their employment they may be covered under the terms and provisions of the New Jersey Tort Claims Act.

Requests for evidence of liability coverage for the University and its employees can be made to Risk Management.  Please note that contracts/agreements that specify specific liability insurances, limits, and other insurance requirements need to be reviewed and modified, and should also be reviewed with Risk Management.

Property Insurance

University Property

As part of the New Jersey State Colleges and Universities insurance consortium, the University purchases property insurance to protect against damage to, or the theft of, University property. The University’s property insurance covers loss of building contents, equipment, and the property of others placed in the University’s care, custody, and control when the property is in a building owned or leased by the University.  The coverage does not extend to personal property of students. When loss or damage to University property does occur, contact should be made to Risk Management immediately.  If the damage or loss was associated with a criminal act, please first contact the University Police. In cases where the loss exceeds the applicable deductible(s), Risk Management is responsible for filing a claim.

The University separately maintains a fine arts insurance policy that protects the University-owned art collection, as well as various works on loan for exhibit with the University.

Student Property

The University does not maintain insurance for student personal property.

Students who experience property damage or loss while residing in University Residence Halls should notify Residence Life, and University Police if the damage or loss was associated with a criminal act.

It is recommended that students determine if they have property insurance coverage available under a parent/guardian homeowner’s insurance policy; if not, students should consider separately purchasing renter’s insurance or dorm insurance.

The University sponsors a Student Health Insurance Plan as a participating member of the New Jersey State Colleges and Universities insurance consortium.

Information on the current plan, as well as the site used for full-time students to waive/enroll in the plan can be found on the University Health Plans website for Montclair State University

Consistent with NCAA legislation that requires that all institutions certify that student-athletes have coverage for medical expenses incurred from athletically related injuries below the NCAA Catastrophic Injury Insurance Program deductible (currently $90,000), the University maintains an insurance policy.  The insurance is an excess policy.

Insurance claims under this policy are to be made through University Sports Medicine.

The University maintains insurance policies to address liability for University students while participating in certain curriculum-based practicum and internship programs.

Requests for evidence of University insurance for students in curriculum-based practicums/internships should be directed to Risk Management by the Academic Department, and should not be made directly by students.

Contracts or agreements involving insurance requirements for students while participating in practicum/internships should include review by Risk Management.

Claims for bodily injury or property damage made against the University must be filed using the digital claim portal by accessing the Tort Claim Login Page (PACFS) effective July 11, 2024. Please note that if you have already filed a paper Notice of Claim in recent weeks, your claim may be converted to a digital format.

All medical emergencies, vehicle accidents, and suspected criminal activity on campus are to be reported to the local police and/or University Police who are available 24 hours a day, 7 days a week, and are located in the University Police Building. University Police can be contacted via telephone at (973) 655-5222, or extension 5222 from any campus phone. Failure to notify the University of an accident could result in claims being denied by the State.

University employees injured while working should follow Work-Related Injury Reporting procedures.

Please contact Risk Management with any questions: riskmanagement@montclair.edu

Requests for evidence of insurance for the University and its employees should be directed to:

Risk Management:
phone: 973-655-7410
e-mail: riskmanagement@montclair.edu

Please note that the statement on liability/the New Jersey Tort Claims Act does not apply to students or to employees not acting within the scope of their employment with the University.  Risk Management cannot provide evidence of insurance for students or for employees outside the scope of their employment, or as may be otherwise excluded.

The State of New Jersey is self-insured for Workers’ Compensation. All such matters are managed by the State of New Jersey, Division of Risk Management. Montclair State University, as a component unit of the State of New Jersey, is covered accordingly.  Employees of the University are to report all work-related injuries.  Information on reporting of work-related injuries can be found through University Human Resources.

Montclair vehicles are assigned permanently to the following departments: Athletics; Center for Community Engagement; College of the Arts (CART); College of Science and Mathematics (CSAM); EMS; Environmental Health & Safety; Design & Construction; Fire & Safety; Grounds; Housekeeping; Information Technology; Mail Services; Maintenance Services/Physical Plant; Parking Services; Transportation Services; and University Police. It is the responsibility of the individual University departments to ensure that their staff are in compliance with any and all fleet policies and procedures.

Only employees of the University can be authorized to operate University owned fleet vehicles, rental vehicles used for business, or personal vehicles used for business. Please refer to Auto Liability below for further information.  Any individual who is on the payroll of Montclair State University and Bloomfield College of Montclair State University is considered an employee, including student workers. University employees include full and part time faculty and staff, whether compensated or not, who are authorized to perform any act or service within their scope of employment. Students are not authorized to operate University owned, leased or rented vehicles unless they are acting as employees within the scope of job responsibilities and on official University business.

For liability reasons, individuals, including students, who are not employees of Montclair State University or Bloomfield College of Montclair State University, are prohibited from using University owned fleet vehicles under any circumstances.  Only authorized employees within the scope of their employment with the University are permitted to use University owned fleet vehicles, rental vehicles used for business, or personal vehicles used for business.  Personal use of University owned vehicles is prohibited.

Individuals with a Graduated Driver’s License (GDL), learner’s permit, examination permit, probationary/provisional license, or similarly restricted license, are not permitted to operate University vehicles. Employees whose driving license is currently suspended, revoked or expired are not permitted to drive University vehicles.

Parking and moving violations that may be received while operating University vehicles used for business, rental vehicles used for business, or personal vehicles used for business will be the exclusive responsibility of the driver.

Prospective employees who will drive a University vehicle will undergo a pre-employment Motor Vehicle driver license check for restrictions, suspension, revocation of driving privileges, and a safe driving history. In the event the driving history is found to show a restriction, suspension or a significant history of unsafe driving, the employee’s supervisor and the unit manager will discuss next steps with Human Resources.

Current employees who operate University vehicles are required to submit their completed and signed Driver Authorization form with a copy of their driver’s license annually, and resubmit a new completed form if any license changes occur.

Employees whose drivers’ license is currently expired, revoked, or suspended are not to operate university vehicles.

Auto Liability

University Vehicles Used for Business

University fleet vehicles are not insured, but are covered for tort liability by the State of New Jersey under a user-funded program administered by the State of New Jersey’s Division of Risk Management.  The vehicles themselves are not covered, but rather the employee driver is covered subject to the provisions of the New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.). The Act provides that the State will indemnify and defend employees of the State against claims arising out of their negligent acts, errors or omissions, provided that the employee is within the scope of their employment, and the act or failure to act was not because of actual fraud, actual malice or willful misconduct.  The State’s auto liability user-funded program is not auto insurance and for legal reasons should never be referred to as auto insurance.  All business travel involving University vehicles is to be done with the approval of the University.  Students as students are not permitted to operate University vehicles.

Rental Vehicles Used for University Business

Only University employees within the scope of their employment with the University are permitted to operate vehicles rented by the University. Rental agencies are only required to maintain minimum limits of coverage for rental vehicles.  It is recommended by Risk Management that the additional insurances available through the rental agency be purchased.  Please note that the individual’s personal auto liability insurance policy may also offer coverage for rental vehicles.  The aforementioned insurances would be primary for any claims arising out of employee’s use of the rented vehicle while on University business. Subject to the conditions of the NJ Tort Claims Act, the state auto liability program may potentially provide coverage in excess of the other insurance.

Personal Vehicles Used for University Business

Employees should only use personal vehicles for University business with prior authorization from the University, and adhering to all appropriate procedures for approval.  Please refer to the University Travel Regulations Policy for further information. The travel reimbursement rate includes reimbursement for the employee’s auto insurance cost.  The employee is responsible for obtaining and maintaining auto liability insurance as required by law at all times. The employee’s individual auto insurance is primary for any claims arising out of the employee’s use of their personal auto on University business. Subject to the conditions of the NJ Tort Claims Act, the state auto liability program may potentially provide coverage in excess of the other insurance. If the employee elects to not insure their vehicle for collision loss and their vehicle is damaged while being used on University business they are not entitled to any reimbursement over the normal travel allowance.  The same also applies to any deductibles the employee may have selected.

Employees who are injured while operating vehicles for business purposes should follow procedures for Workers’ Compensation/Work-Related Injury Reporting.

It is the responsibility of all Montclair State University and Bloomfield College of Montclair State University employees to report all accidents involving University owned (State) vehicles, rental vehicles used for University business, and personal vehicles used for business regardless of damage. Accidents that occur on University property must be reported immediately to University Police. Accidents that occur off University property must be reported immediately to the appropriate law enforcement agency and to Fleet Services as soon as practical.  Employees should also report any accidents to their supervisor.

Vehicle accidents involving University (State) employees must also be reported to the New Jersey Division of Risk Management within 24 hours of the accident using the online RM1 link. Paper RM1 forms are no longer accepted. The digital RM1 must be completed online by all University (State) employees involved in any type of incident or accident, while operating a pool or assigned University (State) vehicle, a rental vehicle, a vehicle on loan to or authorized for use by the University (State agency) from another government or private entity, or when employees are using their personal automobile for official University business. The employee involved in the accident, their supervisor, and the University fleet coordinator each need to access and complete the RM1 online submission. If the employee is unavailable, then the system also allows the supervisor to initiate the reporting. The system will ask the employee to identify their supervisor and email, and then the state’s system will send the supervisor an email link to complete their section. The supervisor then completes their information and identifies the University fleet coordinator, who is then emailed by the system to complete their section.

Employees who may be injured while operating vehicles for work should also follow Workers’ Compensation/Work-Related Injury Reporting Procedures.