Educators' Professional Liability Insurance is included in all TACT memberships.
What the Policy Covers
Top 1) Broad Insurance Clause Liability
A True Professional Liability Policy Errors and omissions coverage to $2,000,000 plus legal fees for claims for damages arising out of a member's duties as a professional educator, researcher, administrator or librarian, including all defense costs. The occurrence giving rise to such claims is simply defined as an event which results in damages to some other person.
2) Attorney Fees Reimbursement Clause
This coverage provides up to $5,000 for reimbursement of attorney fees in instances of accusations not insured under Coverage A such as: Criminal charges, allegations of sexual misconduct, actions involving dismissal, unjustified denial of tenure or promotion, and other professional rights and duties. In some of these situations, payment of attorney fees is contingent on the educator's case prevailing. In such cases, $750 (for consultation or otherwise) is reimbursed without regard to the outcome.
3) Provides up to $1,000 for payment of bail bonds
Top Valuable Protections
The policy coverage with respect to bodily injury, emotional distress or intimidation is vital to the professional educator. Relevant sections of our policy make it clear that Coverage A applies ($2,000,000 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 insure coverage.
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.
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 furnishing of food in connection with trips, picnics, parties and similar events.
Questions & Answers
Top Q- Are libel and slander covered?
A- Yes, while the member is engaged in activities as a professional educator.
Q- A student is physically injured during a class, field trip, or other college-sponsored activity and alleges negligence on the part of the faculty member. Is the faculty member covered?
A- The accident falls under Coverage A.
Q- A faculty member claims damages as a result of the annual evaluation he received by his chair or supervisor. Is the administrator covered?
A- Yes, Coverage B applies up to $5,000.
Q- Are faculty, staff, and administrators protected against allegations concerning discrimination and affirmative action violations?
A- Yes, Coverage B would apply. Reimbursement of attorney fees up to $5,000 for the educator would be paid if the allegations were dismissed.
Q- A faculty member is denied tenure or promotion and alleges improper evaluation by colleagues serving on peer review tenure or promotion committees. Are the committee members covered?
A- Yes, Coverage B applies up to $5,000 if the committee decision is upheld.
Q- A claim for monetary damages is made against a faculty member as a result of a grade dispute. Is the instructor protected?
A- Yes, under Coverage A.
Q- A claim is falsely and fraudulently made against an educator for bodily harm, emotional distress or intimidation to a student alleging negligence on the part of the educator. Is this covered?
A- Yes. The duty of the insurance company to defend is far greater than the duty to pay when an insured is judged liable, but it must defend even if the allegation be false, groundless or fraudulent.
Q- What coverage is there in the policy for a member who feels unjustly terminated or unjustly censured?
A- The policy covers attorney fees up to $5,000 provided termination or allegations at a hearing are resolved in favor of the educator. In one case, an educator was suspended and asked to resign although he felt he had done nothing to void his contract. Negotiations resulted in the educator recovering requested pay, a contract of release and a recommendation. His attorney's fee was paid under Coverage B.
Q- An educator is accused of sexual misconduct with a student or other 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.
What the Policy Pays
Top Up to $2,000,000 per Insured per occurence/$3,000,000 per occurrence, plus the cost of defense, investigation and legal fees.*
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.
Up to $1,000 for payment of bail bonds.
*Note: The duty of the insurer to defend extends even to groundless, false and frivolous suits or accusations. This is a TACT master policy. For legal assistance, the TACT office must have received your application for membership along with your nonrefundable premium AND your membership must be current at the time of the action or allegation.
Educators' Professional Liability Insurance Summary of Coverage