§ 200.447 - Insurance and indemnification.

§ 200.447 Insurance and indemnification.

(a) Costs of insurance required or approved and maintained , pursuant to the by the terms and conditions of the Federal award , are allowable.

(b) Costs of other insurance in connection with the general conduct of activities are allowable subject to the following limitations:

(1) Types and The types, extent, and cost of coverage are in accordance with the non-Federal entityrecipient's or subrecipient's established written policy and sound business practicepractices.

(2) Costs of insurance or of contributions to any reserve covering the risk of loss of, or damage to, Federal Government property are unallowable except to the extent that the Federal awarding agency has specifically required or approved such the costs.

(3) Costs allowed for business interruption or other similar insurance must exclude coverage of management fees.

(4) Costs of insurance Insurance costs on the lives of trustees, officers, or other employees holding positions of similar responsibilities are allowable only to when the extent that the insurance represents additional compensation (see § 200.431). The cost of such insurance when the non-Federal entity This insurance is unallowable when the recipient or subrecipient is identified as the beneficiary is unallowable.

(5) Insurance against defects. Costs of insurance with respect to any costs incurred to correct defects in the non-Federal entityrecipient's or subrecipient's materials or workmanship are unallowable.

(6) Medical liability (malpractice) insurance . Medical liability insurance is an allowable cost of a Federal research programs program only to the extent that the Federal research programs involve when the program involves human subjects or training of participants in research techniques. Medical liability insurance costs must be treated as a direct cost and must be assigned to individual projects based on how the manner in which the insurer allocates the risk to the population covered by the insurance.

(c) Actual losses which could have been covered by permissible insurance (through a self-insurance program or otherwise) are unallowable , unless expressly provided for authorized in the Federal award. However, costs incurred because of losses not covered under nominal deductible insurance coverage provided in keeping with sound management practice, and minor losses not covered by insurance, such as spoilage, breakage, and disappearance of small hand tools, which occur in the ordinary course of operations, are allowable.

(d) Contributions to a reserve for certain a self-insurance programs program, including workers' compensation, unemployment compensation, and severance pay, are allowable subject to the following provisionsrequirements:

(1) The type of coverage and the extent , extent, and cost of coverage and the rates and premiums would have been allowed had insurance (including reinsurance) been purchased to cover the risks. However, a provision for known or reasonably estimated self-insured liabilities, which do not become payable for more than one year after the provision is made, must not exceed the discounted present value of the liability. The rate used for discounting the liability must be determined by giving consideration to considering factors such factors as the non-Federal entityrecipient's or subrecipient's settlement rate for those liabilities and its investment rate of return.

(2) Earnings or investment income on reserves must be credited to those reserves.

(3)

(i) Contributions to reserves must be based on sound actuarial principles using historical experience and reasonable assumptions. Reserve levels must be analyzed and updated at least biennially for each major risk being insured and take into account any reinsurance, coinsurance, etcand other relevant factors or information. Reserve levels related to employee-related coverages will must normally be limited to the value of claims:

(A) Submitted and adjudicated but not paid;

(B) Submitted but not adjudicated; and

(C) Incurred but not submitted.

(ii) Reserve exceeding the levels in excess of the amounts based on the above described in paragraph (d)(3)(i) of this section must be identified and justified in the cost allocation plan or indirect cost rate proposal.

(4) Accounting records, actuarial studies, and cost allocations (or billings) must recognize any significant differences due to the types of insured risk and losses generated by the various insured activities or agencies of the non-Federal entityrecipient or subrecipient. If individual departments or agencies of the non-Federal entity recipient or subrecipient experience significantly different levels of claims for a particular risk, those differences are to must be recognized by the use of using separate allocations or other techniques resulting in an equitable allocation.

(5) Whenever funds are transferred from a self-insurance reserve to other accounts (e.g.for example, general fund or unrestricted account), refunds must be made to the Federal Government for its share of funds transferred, including earned or imputed interest from the date of transfer and debt interest, if applicable, chargeable in accordance with applicable Federal the claims collection regulations of the cognizant agency for indirect cost, claims collection regulations.

(e) Insurance refunds must be credited against insurance costs in the year the refund is received.

(f) Indemnification includes securing the non-Federal entity recipient or subrecipient against liabilities to third persons and other losses not compensated by insurance or otherwise. The Federal Government is obligated to indemnify the non-Federal entity recipient or subrecipient only to the extent expressly provided for in the Federal award, except as provided in paragraph (c) of this section.

[78 FR 78608, Dec. 26, 2013, as amended at 85 FR 49568, Aug. 13, 2020]