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TCASE Educators' Professional Liability Insurance
Don't wait to find yourself in the hot seat to secure protection.
It is not uncommon for TCASE members to face an employment dispute or other legal action that would place them at personal risk. With the litigious nature of what you do, professional liability insurance coverage is a must.
One of the outstanding benefits available to current TCASE Administrator and Associate members is the opportunity to purchase Educators Professional Liability Insurance for the low price of $35. This coverage allows you to serve in your duties as a special education professional with protection provided under this broad policy.
Policy Period: August 1 - July 31st
Payments received after the policy period begins will not be prorated. Coverage would begin on the date full payment is received. You must be an Administrator, Associate, or Auxiliary member to be eligible to purchase this insurance and dues must be currently paid.
Policy Features (includes Coverage A - C)
COVERAGE A - Broad Insuring Clause For Liability Exposure
Coverage A provides liability coverage up to $1,000,000 per insured/ $3,000,000 per occurrence, plus the cost of defense, investigation and legal fees.
~ Errors and omissions insurance for claims for damages arising out of a member’s duties as a professional educator, 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.
COVERAGE B - Attorney Fees Reimbursement Clause
Coverage B provides for reimbursement of attorney fees in a broad range of employment situations not insured under coverage A such as:
~ Criminal charges, allegations of sexual harassment and/or sexual misconduct, actions involving dismissal, revocation of certification, and other professional rights and duties are reimbursed up to $5,000, with a $10,000 aggregate limit applicable to the combination of the two.
~ As respects some of these situations, payment of attorney fees is contingent on the educator’s case prevailing. In such cases, $500 (for consultation or otherwise) is reimbursed without regard to that outcome.
~ Dismissal, salary disputes, assignment changes or resignations are covered up to $5,000 under coverage B.
COVERAGE C - Bail Bonds
Provides for payment of premium on bail bonds (with a maximum of $1,000).
This brief description of the policy is to provide information only, and in no way alters or modifies the policy on file with the Association.
Plan Agent:
The Barclay Insurance Agency, Inc.
4000 Medical Parkway, Suite 210
PO Box 2274
Austin, TX 78768
512-476-6566
The cost of the TCASE professional liability insurance program is the following:
Insurance Premium $ 29.00
State Taxes and Fees $ 1.44
Association's Administrative Fees $ 4.56
$ 35.00
Insurance Policy FAQ
When does the insurance policy period begin and end?
August 1, 2008 – July 31, 2009. Registration by a TCASE member after August 1st will result in coverage beginning on the date the payment is received. However, if payment is received and the educator is not a member, insurance coverage will not begin until membership dues have been fully paid. Any incident in the interim will not be covered.
Are all TCASE members eligible for insurance?
No, only Administrator, Associate, and Auxiliary members are eligible. Retired and Affiliate members are not. If a retired member is rehired by a school district, the member can change their membership to Associate and will be eligible as long as they are working for, and paid by, the district.
If a TCASE member feels they have a problem that could possibly turn into a legal event, who do they call?
A TCASE member is free to work with the attorney of his/her choice under Coverage B of the policy. Give the John A. Barclay Agency a call. They maintain a list of attorneys in the state of Texas who have assisted many administrators.
If I purchase insurance for one policy period, am I covered if a suit is brought against me during that period for an incident which took place during the preceding year?
No. You are covered only for actions resulting from activities of the insured which take place during the policy period. You must be insured at the time an incident occurs.
What coverage is there for someone who feels unjustly terminated or unjustly censured by an employer?
The policy covers attorney fees to $5,000, $500 without regard to final outcome of the case, the balance of $4,500 provided the termination or allegations at the hearing are resolved in favor of the member.
Are libel and slander covered?
There is no exclusion for libel and slander. The definition of occurrence and the insuring clause under Coverage A is sufficiently broad to include damages resulting from such allegations.
Is there coverage for an insured supervisor who is held liable for damages to others caused by the acts of a subordinate?
Yes.
If an insured member chooses not to select a candidate for a job and is sued by the unsuccessful candidate, what coverage will apply?
There would be coverage under either A or B depending on the circumstances.
Will the liability policy cover occurrences outside the normal scope of the educator’s professional capacity?
No
If an insured member participates in an outside school activity, is he/she still covered?
As long as the educator’s activity is within the scope of his/her professional duties, the policy covers liability for injury to students and others while participating, subject to specific automobile, watercraft, and aircraft exclusions.
If a claim is falsely and fraudulently made against an insured member for bodily injury to a student or educator alleging negligence, is this covered?
Yes. It pays when an insured is judged liable; but it must defend even if the allegation be false, groundless or fraudulent. The duty of the insurance company to defend is far greater than the duty to pay.
Are members insured against criminal acts?
Coverage A includes civil liability for corporal punishment even if a criminal act is alleged. Attorney fees for other criminal allegations are covered under Coverage B with the limit of $5,000, win or lose.
Is the alleged sexual misconduct of a member with an educator or student covered?
Yes, under Coverage B.
Is the accusation of sexual harassment covered?
If the alleged sexual harassment has to do with discrimination (not sexual misconduct) then coverage A applies. Coverage B applies if a fellow employee is involved. However, if the harassment is determined malicious and deemed intentional, there would be protection only under Coverage B.
If the insured member’s employer has other coverage, how will this policy be of benefit?
This policy, by definition, is excess over other policies. The coverage, however, is very broad. It may cover where another does not and would pay after limits of such other policies are exhausted.
From the John A. Barclay Agency - examples of claims under Coverage A:
~ An administrator was sued for not properly monitoring a situation which alleged sexual abuse.
~ An administrator was sued for alleged failure to educate a student and as a result, the student could not find gainful employment.
~ An administrator was sued when a student was injured by another student, and the injured party alleged the environment was unsafe.
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