In our Spring is-sue, you will find a few articles are linked by funda-mental concepts that “Everyone is a Risk Manager” and that our actions have an impact on the well-being of others.

• Our cover story highlights the classic case in point: the need to “hang up and drive” to reduce stress, avoid property damage, and prevent bodily injury. Keep California high-ways and roads safe for one and all.

• We can “Clear the Air” by creating a healthy environ-ment for our students, faculty, staff, patients, and visitors. With guidance from the newly formed UC Riverside Center of Excellence, find out how all UC campuses will be contributing positively to everyone’s health and well-being.

Other articles in this issue will focus on reducing risk through recent in-novative ideas and best practices:

• Reducing Workers’ Compen-sation costs and maintaining a quality program may seem counter to one another. But you can achieve success by fo-cusing on conscientious claims management and proactive employee health management.

• UC is emerging as a leader in Enterprise Risk Manage-ment (ERM) for the rest of the world to follow. See how other businesses and educational institutions are consulting our ERM model. We have made our assessment tools available

Be Smart About Using Hands Free Devices While Driving

Editor’s Message

Spring 2013

Continued on page 2Continued on page 6

On January 1, 2013, a new California law went into effect to allow hands free texting if the driver uses improved voice activated technology and devices. Let’s look at the prior California laws.

• The vehicle code law that went into effect on July 1, 2008 prohibits drivers from talking on a hand held phone while driving, but allows for hands free verbal calling.

• The January 2009 law prohibits drivers from composing, sending or reading text-based com-munication on a wireless communication device while driving. This means you cannot text, use the internet or send emails, not even if you are stopped in traffic or at a stoplight.

• Breakthroughs in new technology that make voice activated texting possible have brought us the new 2013 law that allows hands free texting.

• Drivers under the age of 18 are still prohibited from using any wireless phone or hands free device while driving.

While California and several other states have banned the use of hand held cell phones and 39 states have banned texting while driving, many drivers still engage in these activities. It is still illegal to hold any device in your hand, even if you do not have it up to your ear, including holding it in your hand for dialing and using the speakerphone, taking a picture, or us-ing a phone map for reference.

A study conducted at the University of California, Berkeley Safe Transportation Research and Education Center (SafeTREC) cites a decline in traffic deaths in California since the introduction of the State’s law to prohibit hand held cell phone use.

In the two years following the enactment of the law, fatalities linked to hand held cell phone use fell by 47 percent and similar reductions oc-curred in the number of injuries. There are also several studies that suggest the use of hands free devices does not lessen the distraction.

While it is recognized that there are many benefits to providing employees with cell phones and other portable electronic devices, it’s important for every driver to BE SMART: if you must

use a hands free phone, the following Best Practices are recommended:

• Place the phone in a holder in front of you.

• Familiarize yourself with the operation of the device before using.

• Ensure all hands free and voice activated devices are accessible and ready before you start driving.

• Avoid talking on the phone when driving unfa-miliar roads or in hazardous conditions, such as rain, snow, traffic congestion, road construction, accident scene, etc.

• If you need to take or make a call, pull your ve-hicle over safely and park before doing so.

• Never allow a phone conversation to distract you from driving.

• Keep calls brief and be prepared to end a conver-sation abruptly.

• While talking, keep your head up and your eyes on the road, with frequent checks of side and rear view mirrors.

• Don’t take notes or look up phone numbers or addresses while you are driving.

• If you must check information, arrange to call back and do your re search while the vehicle is safely stopped.

New California Law Enhances Traffic Safety

The safest course of action is to devote your full attention to driving and not use any device that can distract you.

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Editor’s Message, from page 1

to others wanting to venture down the ERM path.

• Fiat Lux – Latin for “Let There Be Light” is more than UC’s motto, it forms a critical component of Enterprise Risk Management. Read about our latest ERM innovation, Fiat Lux will provide a platform to strategically manage risk.

Through popular request, the Office of Risk Services brings you the Blue and Gold Travel Accident Protec-tion Program that offers benefits and protection that was previously only available for business travel.

We have raised the awareness and people realize the importance of having travel insurance, not just for business travel, but also for personal travel. Now employees and students can purchase a similar plan on their own for their personal travel - “Don’t leave home without your Blue and Gold.”

Our spotlight in this issue is on the addition of two program manag-ers to the Risk Services team. Read about these team members and how they bring their ideas and exper-tise to manage and strengthen our programs.

It’s time again to plan for the UC Risk Summit. This year’s event will feature sessions of timely and meaningful interest to all who play a role in managing risk. Don’t miss the opportunity to consult with experts and share information with your col-leagues. Be sure to save the date, June 5-7, 2013, and join us in Working Smarter to create a stronger UC.

Until the next Issue, Be Smart About Safety,

Cynthia Low, Editor

Risk Services Today

cynthia.low@ucop.edu

The University’s Travel insurance program has come a long way. In October 2007, the program was greatly enhanced with broader coverage and increased benefits. Since then, many success stories have been told about how this program has helped faculty, students and staff when they were traveling abroad.

While the program only provides coverage when traveling for University business and off-campus activities, people realized the benefits and importance of travel insurance in their personal lives also. We received numerous requests to offer a similar program that can be purchased for personal travel.

The Office of Risk Services has worked with our travel insurance carrier, ACE USA, to develop a program that employees and students can purchase for personal travel. This program responds to medical

emergencies when traveling outside your home country or country of permanent residence. It provides accident and sickness benefits, emergency medical and security evacuation, and other valuable travel assistance services. There are two plan options: 1) Blue plan or 2) Gold plan. The Gold plan includes everything in the Blue plan plus some additional benefits. There is also an option to increase the medical expense and AD&D limit. The employee/student is responsible for payment of the premium. This Travel Accident Protection Program for personal travel is available for University employees and students to purchase for themselves, their families and traveling companions. In order for

each traveler to be covered, each traveler must enroll individually and pay their respective premium.

For more information, go to the Risk Services website at http://www.ucop.edu/

risk-services/loss-prevention-control/travel-assis-

tance/per-sonal-travel-

program.html.

• Click on “Blue and Gold Plan Options” to read the coverage brochure.

• Click on the “UC Per-sonal Travel Program Enrollment” link to enroll and purchase this insurance.

• Click on “Register Your Personal Trip for Real Time Alerts” to complete a travel profile if you would like to receive alerts for specific countries and areas to which you will be traveling. You can receive real time alerts before, during and after your trip.

The Blue and Gold Travel Accident Protec-tion Program is being offered as an option for employees and students to purchase on their own for personal travel.

This program is not affiliated with any University provided employee benefit and the University is not making any recom-mendation. As with any commercial travel insurance you purchase, the traveler is

responsible for paying the premium, arranging for any travel assistance services, and resolving any claim or coverage issues and disputes directly with the carrier.

DON’T LEAVE HOME WITHOUT YOUR “BLUE AND GOLD” PLAN

“Under the Blue and Gold plan, UC faculty, staff and students can now enjoy some of the same benefits that were originally only provided for business travel.”

Cheryl Lloyd, ERM Deputy & Director –

Liability Programs

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The University of California is a national leader in healthcare and environmental practices and is dedicated to promoting health worldwide. The University is taking steps to reduce tobacco use and exposure to secondhand smoke by creating a smoke/tobacco-free environment on all of our campuses and facilities.

Establishing smoke/tobacco-free policies emphasizes the impor-tance of breathing smoke-free air for all faculty, staff, students, patients, and visitors and en-courages healthy habits for the benefit of all members of their communities. As of November 2011, all the UC Medical Centers are smoke-free.

Recognizing that policies will need to be tailored to fit individual campus needs, steering committees have been formed at each campus to implement the University’s smoke/tobacco-free policy at their location by 2014. This initiative is part of the University’s larger wellness strategy to improve health and reduce risks.

The following key elements need to be present to maintain a smoke/tobacco-free environment at UC:

• Smoke/tobacco-free means that smoking, the use of smokeless tobacco products, and use of unregulated nicotine products (e.g. e-cigarettes) will be strictly prohibited in indoor or outdoor spaces, including parking lots and housing.

• The policy applies to all UC facilities, whether owned or leased.

• Sale and advertising of tobacco products must be strictly prohibited in University owned and occupied buildings.

• Enforcement should be primarily educational with an emphasis on cessation resources available. Good will and respect for the rights of others are critical to successful implementa-tion of the smoke/tobacco-free policy.

Smoking cessation education and support can significantly improve compliance. The University is committed to ensuring the campus community has ongoing access to several types of assistance to support all faculty, students and staff who wish to stop using tobacco products. This includes educa-tion, referrals and resources, individual, group and telephone counseling and support.

For employees, all UC-sponsored health plans offer tobacco cessation resources, programs, and prescription nicotine replacement therapy to help with their efforts. Cessation programs are also offered through Faculty/Staff Wellness Programs at

each UC campus. For students, tobacco cessation and awareness programs, referrals, and resources are available through the Student Health Services facility on each campus. Cessation services will be enhanced at each campus as UC moves towards the effective policy date.

Office of Risk Services has partnered with the UC Riverside campus to establish

a Center for Excellence (COE) to assist locations with the system-wide implementation of the smoke/tobacco-free policy. Each location will have unique needs, but there will be commonalities. This COE will serve as an avenue

to share resources and experience throughout UC. The efforts will be

led by Julie Chobdee, Wellness Pro-gram Coordinator at Riverside, who will

provide guidance and resources to support each campus’ policy development and implementation.

A systemwide task force consisting of represen-tation from each campus will meet regularly to address implementation details, considerations, and concerns. This task force will be led by Kevin Confetti in Office of the President, Risk Services.

The health hazards related to smoking and expo-sure to secondhand smoke are well-documented. More than 440,000 people die from tobacco-related illnesses every year, making smoking the leading cause of preventable and premature death. Exposure to secondhand smoke is the third leading cause of preventable death in the country causing over 50,000 non-smoker deaths annually.

California is a pioneer of the smoke-free move-ment, establishing the first statewide smoke-free workplace law in 1988. Here at UC, we will be moving forward to implement a systemwide smoke/tobacco-free policy.

A smoke-free environment will contribute posi-tively to everyone’s health and well-being. And the University is committed to providing a healthy, productive and safe environment for all faculty, students, staff, patients and visitors.

Continued on page 6

UC ACHIEVES RECENT SUCCESS IN MITIGATING WORKERS’ COMPENSATION COSTS

It’s Time to

Workers’ compensation benefits are available to University employees who are injured on the job. The University maintains a systemwide multi-faceted program that provides proper benefits to employees wheth-er they are working in California, other states or in foreign countries.

Thousands of work-related inju-ries are reported each year costing the University approximately $70 million in annual workers’ com-pensation claim payments. We are constantly looking for ways to reduce workers’ compensation costs while maintaining a quality program for all our employees. This article will highlight two areas in which we have recently had success in mitigating workers’ compensation costs.

Keeping Employees Healthy and Strong

The WorkStrong program was implemented systemwide in October 2011. This is an occupational well-ness initiative designed to promote recovery and prevent future work-place injuries.

Improving one’s overall health and wellness can result in fewer workplace injuries, a quicker recovery when injured, less long-term pain and disability, and prevent recurrence of injuries.

WorkStrong programs are de-signed to fit the specific needs of an individual with the goal to improve overall health and wellness. The specific program may include some or all of the following:

• Fitnessandpostrehabilitationtraining

• Nutritionandweightmanage-ment training

• Lifebalanceandstressreduc-tion

• Managingchroniccondition(s)

Clear the AirAllUCFacilitiesJoininGoingSmoke/Tobacco-Free

Making all the campuses smoke-free provides a healthy environment for our students, faculty, staff,

patients and visitors. It’s the right thing to do.Grace Crickette, Chief Risk Officer

4

Enterprise Risk Management (ERM) is all about finding transformative and variant ap-proaches to assessing and managing risk. In the Fall of 2012 the Regents of the Univer-sity of California, in collaboration with the Office of Risk Services, successfully formed a captive insurance company, the Fiat Lux Risk and Insurance Company (Fiat Lux).

Captive insurance technologies provide the University the flexibility to meet its risk management objectives, including lowering costs and enhancing coverage. Captives provide an alternative funding mechanism when coverage breadth or capacity in the commercial insurance market does not meet our needs. Utilization of a captive does not represent a change in risk retention on the part of the Office of Risk Services, it simply allows for a more effec-tive execution of risk retention practices.

The UC has partnered with Willis Global Captive Practice to manage the Fiat Lux captive. The Willis Global Captive Practice manages more than 350 captives worldwide and provides expertise in designing, forming, managing and providing strategic guidance to captives of all types in all major captive domiciles.

Once Fiat Lux is established and writing initial coverages, other key elements in the UC’s ERM program will be considered for expanded cap-tive utilization: University Controlled Insurance Programs (UCIPs) and Professional Errors and Omissions for construction; Medical Malpractice for community physicians; Student, Alumni, and Affiliate insurance initiatives; areas of risk where there is little or limited commercial capacity; and special or unique needs for the UC.

The Fiat Lux Risk and Insurance Company’s mis-sion is to enable the University faculty, staff, and students to identify and manage risks associated with their activities, consistent with the University’s missions of teaching, research, patient care, and public service. By strategically manag-ing risk we can reduce the chances of loss, create greater financial stability, and protect our resources. The Captive plays a significant role in enabling the ERM program.

A captive is a limited purpose, licensed insurance company; the main business

purpose of which is to insure the risks of the captive’s owner (UC), who is

also its principal beneficiary. The captive insurance company owner has direct in-volvement in and influence over the cap-tive’s major

operations, including underwrit-ing, claims management, policy

form and investments. Fiat Lux operates by and for the UC.

The Captive Development Process

Types of Captive Utilization

“Let There Be Light”UCOP Risk Services Announces the Formation of Fiat Lux, an ERM Innovation

The new UC captive insurance company is named after the University of California’s official motto, Fiat Lux, Latin for “Let There Be Light.”

• Australiacomprises2.81%(12,156visits)

• TheUnitedKingdomroundsoutthetopfive non-U.S. countries visiting with 2.59%(11,189visits)

Some of the top non-education organizations visiting the website were the U.S. Army, Navy, Air Force, and Marine Corps; Boeing; NASA; Amazon.com; Australian Department of Defence; and the U.S. Department of Homeland Security. The ERM website was also visited frequently by other educational institutions including Harvard University; Stanford University; New York Uni-versity; Indiana University; and Kenya Education Network.

The resources available on the ERM website include a number of risk as-sessment tools which are available for download upon request. In exchange for free access to the tools, they must complete a survey and provide informa-tion on their intended use of the tools.

During the fiscal year 2011-2012, Risk Services received download requests from 40 outside orga-nizations. Some of the most notable organizations requesting the risk assessment tools were Capital One, Certex, Amgen, and World Vision India.

Developing a risk governance program and gain-ing a deeper understanding of risk identification, assessment, and control were the most common answers for use of the tools.

ERM is one of the top ten popular sites on the UC Office of the President website. As ERM continues

Enterprise Risk Managers in Business and Education Consult the UC Model

The Office of the President, Risk Services website has become a major source for enterprise risk management (ERM) information and tools. Organizations seeking to implement ERM find the Risk Services website to be a valuable resource to help them get started.

These visitors have more than two million page-views and include government agencies such as the U.S. Military, NASA, and the Department of Homeland Security, as well as large corporations such as Amazon and Boeing. During the last two years; January 1, 2011 through December 31, 2012; there were 432,714 visits (592 visits per day) and 2,110,598 page-views (2,887 page views per day). The website has attracted visitors from throughout the U.S. and over 200 coun-tries all over the world:

• TheU.S.comprises56.08%(242,645visits)of total traffic, with a majority of the traffic comingfromCalifornia(47.51%or 115,273 visits)

• Chinacomprises4.34%(18,776visits) of total traffic

• Bosnia-Herzegovina/Serbia/Croatia/Slove-nia/Macedonia/Montenegrototals4.05%(17,537 visits)

• Indiarepresents3.05%(13,199visits)

“Our ERM programs are designed to engage everyone in the effort to understand their own risks and identify oppor-tunities. It is gratifying to know that the innovative tools we have developed have earned the respect of major public and private organizations worldwide.”

Grace Crickette, Chief Risk Officer

5

UC’s ERM Tools are

Going Around the

World

to advance forward at the UC and innovative ideas are brought to fruition, the UC is emerg-ing as a leader in ERM for the rest of the world to follow.

Go to http://www.ucop.edu/enterprise-risk-management/index.html to learn more about enterprise risk management and review UC ERM tools.

Last year’s UC Risk Summit had the largest turnout to date with more than 800 attendees. This year’s event promises to be equally exciting and informative as we continue Working Smarter to create a stronger UC.

Risk Summit sessions cover enter-prise risk management activities and strategies throughout the entire UC system. It is an opportunity to learn new skills, gain new perspectives, share best practices, and compare experiences with your colleagues from other UC campuses and medi-cal centers.

Go to http://www.ucop.edu/enter-prise-risk-management/initiatives/risk-summit.html and bookmark the page to stay informed about the 2013 Risk Summit!

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Workers’ Compensation Risk, from page 3

• Workplacesafetyandergonomicassessment

• Behaviormodificationstrategiesandtools

We have had success stories associated with the pro-gram and positive feedback from our employees.

One success involves an injured worker facing a second shoulder surgery. He participated in the WorkStrong program, followed a gym regime and a change in his eating habits.

He completed a successful program which resulted in no further surgery needed. He continues to work out three times a week on his own and eats healthier. This is from some-one whom loved chips and soda and did not

exercise before. He has motivated his co-workers and family and all are benefiting from the sharing of his success and knowledge – another life chang-ing experience at UC!

This success illustrates how WorkStrong provides a range of benefits that can touch lives in positive ways at work and home. It provides the extra care, resources, and lifestyle choices that reward employ-ees with the ability to participate, contribute, profit and enjoy. It builds strength and empowers success.

Fighting Back Against Fraud

Workers’ Compensation fraud is a major threat against California consumers as well as for all employers. The University of California is no exception.Fraudulentclaimsharmemployersbycontributing to the high cost of workers’ compen-sation. It harms employees by undermining the perceived legitimacy of all workers’ compensation claims.

Workers’ compensation fraud can increase the cost of doing business as well as increase health care costs and the cost of insurance for all Californians. Employee fraud includes, but is not limited to:

• Workinginanunreportedsecondjobwhilecollecting Workers’ Compensation temporary disability benefits.

• Providingfalseinformationtotheemployer,insurancecompanyorphysician(s)tosecureWorkers’Compensationbenefits.(Example:Exceeding restrictions to include not limited to walking without crutches while alleging crutchesareneededatalltimes).

• Staginganaccident/injurytosecureWorkers’Compensationbenefits.(Example:Mondaymorning alleged accident – back injury – all co-workers were aware the employee moved overthepreviousweekend.)

• Alteringprescriptionfromphysicianformedi-cation.(Example:Changingprescriptionfrom30 tablets to 80 tablets - constituting a crimi-nalviolationofthehealthandsafetycode.)

• Reportingthesameinjurytotwoseparateemployers and receiving benefits from each – making misrepresentations to each employer.

The University and its third party claims administra-tor,SedgwickClaimsManagement,haveengagedastrategicpartner,ProbeInformationServices,toassist in the efforts to reduce workers’ compensation fraud. The Sedgwick team was proactive in iden-tifyingsuspiciousclaimsandProbeimmediatelyinitiated the evidence gathering that resulted in the following fraud fighting successes in 2012:

• ConvictionsforWorkers’ Compensation fraud 3

• Arrests/CriminalCharges 2

• Criminalinvestigationongoing 5

• Daysinjail 31

• RestitutionorderedtoUC $15,065

A recent successful prosecution involved an employ-ee who alleged upper extremity injuries and further indicated the personal restrictions would not allow this individual to even hold a glass of water. Surveil-lance indicated the individual was very active and operating a business. The employee was prosecuted for felony insurance fraud and was ordered to pay $11,768 in restitution, serving 30 days in county jail and 5 years probation.

Conviction and monetary restitution are not the only means of reducing workers’ compensation costs as illustrated by the following two incidents:

An employee on disability was captured on film performing work that the employee was allegedly unable to perform. When questioned, the employee made misrepresentations about participation. The film was reviewed and resulted in the employee be-ing released to return to work full duty.

An employee alleged work stress. Upon some background investigation, it was determined the employee was involved in personal civil litigations and divorce within the past year. It was found that these other factors were the cause of the stress and no workers’ compensation benefit was paid.

The key to reducing Workers’ Compensation fraud is timely communication between the claims ad-ministrator, Workers’ Compensation office, treating physician’s office, special investigation unit and district attorney’s office. Communication is critical to successful prosecution.

Keeping employees healthy and strong and fighting back on fraud are just a few of the ways the University is striving to mitigate work-ers’ compensation costs and save vital funding for education, research, patient care, and public service.

Hands Free Driving, from page 1

The California Office of Traffic Safety conducted a statewide opin-ionsurveyinwhich62%ofrespon-dents stated that texting and talking were the biggest safety concerns on Californiaroadwaysand84%statedcell phone conversations or texting while driving constitute the most serious distractions while driving.

This is a clear indication that California drivers see this as being a significant traffic safety threat. Whenever the driver’s attention is taken away from the road, even for just a split second, it could be disastrous for pedestrians and other motorists. Just because your eyes are on the road does not mean you are paying full attention to driving. Distracted driving is dangerous and no cell phone call or text is worth the cost of a life.

For more information on California safe driving practices, visit www.dmv.ca.gov/cellularphonelaws/

From medical centers, laboratories and classrooms to loading docks, maintenance facilities and housing and dining units, UC’s diverse work environments present a myriad of workplace-related risks. Keep-ing UC workplaces safe protects people and minimizing financial loss enables the University to sustain its mission.

Angela is responsible for oversight and management of workers’ compensa-tion claims system-wide. She comes to UC with expertise and knowledge having worked in the Workers’ Com-pensation arena since 1985.

Angela states, “I love Workers’ Compensation. There is never a dull moment. We are in the business to take care of our employees if they are injured – get them back to work – see what we can do to ensure that type of injury does not occur again. Simply,BeSmartAboutSafety!!”

TheUniversity’sWorkers’CompensationProgramcoversapproximately190,000 faculty and staff, and responds to thousands of work-related in-juries each year whether in California, other states, or foreign countries. The program funds many loss control and loss prevention initiatives to reduce the cost of risk associated with work-related injuries. There have been many successes to support the value of these initiatives.

Having such a robust program, how might we improve? Angela stated “The program in place currently is very well implemented and iron clad. I might consider some minor house cleaning items only to en-hance what is already in place. This should ensure reduction in overall perclaimcostandearlyresolution/closureofclaimsthroughouttheUniversity system and keep to our goal of reduction of overall cost in the Worker’s Compensation program. This program currently offers so much, such as WorkStrong, it is superior! Hands down – it clearly shows we care for our employees’ health and well being now and in the future.

With our aging workforce as well as repetitive duty work, WorkStrong is a great benefit to the overall reduction to cost. We have an awesome RiskManagementTeamwithawealthofinformationsharingforalllines of business – by partnering and managing risk we can reduce the overallcosttostayinlinewithUC’smission.”

Risk Services Staff The Office of Risk Services team welcomes two new Program Managers dedicated to improving efficiency and reducing the cost of risk throughout the UC system

Spotlight

Risk Services Today is published by UC Office of the President •© 2013, Regents of the University of California

7

on

Brendaisresponsibleformanagementof medical malpractice claims system-wide.ShepreviouslyworkedatUCSFMedicalCenterRiskManagementforclose to four years.

PriortoherworkatUCSFshehandledgeneral liability cases and complex business litigation for 14 years as an attorney.

Brendastates,“Ireallyenjoyedmyyearsinlitigation,butgoingintorisk management was a natural progression for me. I worked in-house for a transportation company for a number of years, and that job involved working closely with the risk management team. I saw various programs implemented to prevent claims, and became interested in that aspect of claim management because of the proactive, positive nature ofit.IlovedworkingintheRiskManagementDepartmentatUCSFbecause of that. I also love the challenge of working with providers, claim specialists, attorneys, and others in assessing claims, strategically defending them, as well as the fast paced nature of dealing with situa-tionsthatarise.”

TheUniversity’sProfessionalMedical&HospitalLiabilityProgramhasmanagement and oversight of medical malpractice risks across the Uni-versity’s 10 campuses, 18 health sciences schools, 10 medical centers and numerous clinics. The program provides and supports loss control and loss prevention assistance and initiatives to proactively support patient safety at our medical facilities.

Howcanwestrengthenourprogram?Brendastated,“Iwouldliketocontinue the efforts in trying to reach more consensus and uniform practices among the medical centers. Our risk managers have strength in a lot of areas and a broad base of expertise. Encouraging and helping them to share information and best practices can only strengthen our professionalliabilityprogram.”

AngelaDeBortoli, ProgramManager,Workers’ Compensation

BrendaLillington, ProgramManager, ProfessionalMedical and Hospital Liability