EDUCATORS PROFESSIONAL LIABILITY INSURANCE

Underwritten By
SCOTTSDALE INSURANCE COMPANY
Scottsdale, Arizona

Supervising Agent
MYRON F. STEVES & COMPANY
P.O. Box 4479
Houston, Texas 77210-4479
Phone 713-522-1100

Plan Agent
THE JOHN BARCLAY AGENCY INC
P.O. Box 2274
Austin, Texas 78768
512-476-6566, Ext.305

Available to TCTE


What the Policy Covers

Coverage A
Broad Insuring Clause
Liability

A True Professional Liability Policy:

Coverage B
Attorney Fees
Reimbursement Clause

This coverage provides for reimbursement of attorney fees in a broad range of situations not insured under coverage A such as:

Coverage C
Provides for Payment of Premium
On Bail Bonds.



WHAT THE POLICY PAYS

Coverage A

Up to $2,000,000 per Insured per occurrence/$3,000,000 per occurrence, plus the cost of defense, investigation and legal fees.*

Coverage B

Up to $5,000 per claim per Insured Coverage for criminal proceedings and/or sexual misconduct limited to $10,000 aggregate per member per policy year.

Coverage C

Up to $1,000 premium on bail bonds.

*Note: The duty of the insurer to defend extends even to groundless, false and frivolous suits or accusations.



SPECIAL FEATURES

Corporal Punishment
The policy wording with respect to corporal punishment is vital to the professional educator. Relevant sections of our policy make it clear that coverage applies under A ($1,000.000 limit plus defense costs) regardless of whether the act be deemed civil or criminal. Furthermore, the customary exclusion of damages resulting from intentional acts has been carefully worded to clarify that corporal punishment is covered even though intentional.

Outside Activities
As long as the Educator is within the scope of his/her professional duties, the policy covers liability for injury to students and others while the Educator is conducting visits to industrial and commercial establishments, entertainment centers, outings, picnics and other similar school functions, subject to specific automobile watercraft, and aircraft exclusions.

Product liability
There is no product liability exclusion. While the serving of food is usually a responsibility of the school, this policy would also provide liability insurance for the furnishing of food in connection with trips, picnics, parties, and similar events.

Coverage B
Reimbursement of Attorney Fees
Such reimbursement as is afforded the member for actions involving tenure, dismissal, revocation of certification and other professional rights and duties is guaranteed under the policy and is not contingent on the approval of a board or review committee, as might be the case where the only available assistance is from a defense fund.



QUESTIONS AND ANSWERS

Q1:  Does this policy cover a teacher or principal who is also a member of the school board?
A:  Such a member is covered while engaged in duties as a teacher or principal but not while acting as a member of a school board.
Q2:  Are libel and slander covered?
A:  Yes, while the member is engaged in activities as a professional educator.
Q3: A member of the public is injured while on school property and sues the school system.  Would this be covered?
A:  No.  This policy does not cover the school system.  It covers the individual members.
Q4: A student is physically injured during a scheduled football practice.  He alleges negligence on the part of the coach.  Is the coach covered?
A:  Yes, under coverage A.  In a case where the coach instructed a player to “run the bleachers” as discipline for missing practice, the student fell and suffered serious injuries.
Q5:  A claim is made against a principal or teacher for damages as a result of the suspension of a student.  Is coverage provided under Coverage A?
A: Yes, since monetary damages are alleged.
Q6: A suit is filed demanding reinstatement of a student alleging improper suspension by a principal or teacher.  What coverage is provided?
A: Since this action only asks for “injunctive relief,” and since it involves “other professional responsibilities,” Coverage B would apply.  Reimbursement of attorney fees up to $5,000 each for principal and teacher would be paid if the suspension were upheld.
Q7:  Are principals and teachers insured against criminal acts?
A:  Corporal punishment, whether civil or criminal is under Coverage A.  Any other criminal act is covered under 8 with the maximum of $5,000 payable whether or not the insured is exonerated.
Q8: A claim is made against a teacher or principal as the result of a student being injured during an experiment in the science lab.  What coverage is provided?
A:  The accident falls under Coverage A.
Q9: A claim is falsely and fraudulently made against a teacher for bodily injury to a student alleging negligence on the part of the teacher.  Is this covered?
A:  Yes.  The duty of the insurance company to defend is far greater than the duty to pay.  It pays when an insured is judged liable; but it must defend even if the allegation be false, groundless or fraudulent.
Q10:  What coverage is there in the policy for a member who feels unjustly terminated or unjustly censured by a board action.
A:  The policy covers attorney fees up to $5,000 provided termination or allegations at a hearing are resolved in favor of the teacher.  In one case, a teacher was suspended and asked to resign although he felt he had done nothing to void his contract.  Negotiations resulted in the teacher recovering requested pay, a contract of release and a recommendation.  His attorney’s fee was paid under Coverage B.
 
Q11: An Educator is accused of sexual misconduct with a student or another teacher.  Is coverage provided?
A: Yes, under Coverage B only.  This may or may not be a criminal action, but whether criminal or civil, attorney fees up to $5,000 are payable whether or not the educator is exonerated.

** This brief description of the policy is to provide information only to members and in no way alters or modifies the policy on file with the Association.