NIH is not able to provide additional detail, due to the complexity of federal law and policy, and the unknown facts of a hypothetical event, that would determine coverage for any specific case. An example of a federal statute governing liability coverage is the Federal Tort Claims Act (FTCA), 28 U.S.C. §§1346(b), 2401(b), 2671-80 et seq. You should speak to your institution’s legal counsel if you have additional questions or interest regarding the FTCA. This Department of Justice website may be helpful as an introductory resource: https://www.justice.gov/civil/federal-tort-claims-act-litigation-section.
Articles in this section
- Are local, state, or federal agencies subject to the insurance provision in the SMART IRB Agreement?
- Guidance Regarding Scope of Review Provision of the Trial Innovation Network (TIN) Letter of Indemnification (LOI)
- Does the SMART IRB Agreement contain any "representations and warranties" by the parties or, disclaimers of representations and warranties?
- Why doesn’t the SMART IRB Agreement require Participating Institutions to carry specific types or amounts of insurance coverage?
- Can NIH provide additional detail specifying which people affiliated with NIH are (or are not) covered under NIH’s federal liability coverage?
- How does the addition of the footnote in SMART IRB Agreeemnt v2.0, Section 4.10, Insurance, affect the Agreement’s insurance provision?
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