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Certain types of lease or use agreements require assurance of insurance coverage. This is provided by means of a CERTIFICATE OF INSURANCE provided by the Fund or Company involved. The certificates show only that the university is covered for limits of liability as set forth in the applicable insuring agreement. 

To obtain a certificate, submit the request along with a copy of the contract or agreement involved to EH&S. 

In some instances, the other party to the agreement may request that a Hold Harmless Agreement be inserted in the lease or use agreement. 

An Attorney General’s Opinion, #078-20, dated February 15, 1978 states: 

“In the absence of any general law authorizing or directing such contracts to be made or authorizing or consenting to a suit against the state on the same, indemnification contracts imposing liability upon the state — are nugatory and unenforceable as against the state or its agencies. State agencies are without statutory powers to enter into such contracts and the State is immune from actions thereon”. 

There may also be a request for excess limits of insurance over and above the statutory limits set forth in Florida Statutes or to be named as an additional insured in the insuring agreement. 

For excess coverage to exist, there must be primary coverage. This primary coverage comes from either one of the self-insured Trust Funds, or from a commercial insurance policy for coverage not provided by the Funds. Coverage from either of these sources will provide all that is necessary to protect the university up to the maximum limits of liability allowed by Florida Statutes. Beyond this amount, you cannot be held liable. Therefore, there is not justification for spending funds for an extension of coverage beyond the limits.