Educators Liability Insurance: Protecting Educational Professionals

Educators liability insurance coverage is a crucial form of professional liability insurance designed to safeguard school boards, teachers, professors, administrators, and other education professionals from legal claims that may arise from their professional duties. It's a recognition of the inherent risks involved in the education sector, where interactions with students, parents, and other faculty members can sometimes lead to disputes and legal action.

The Need for Educators Liability Insurance

Consider a scenario outside of the educational context: You’re mowing your lawn, and an unseen rock is hurled by the mower onto your neighbor’s property, causing damage. Liability losses occur when someone becomes legally obligated to pay compensation for harm done to someone else. While most personal liability risks are covered as part of a comprehensive homeowner’s or renter’s insurance policy and a comprehensive automobile insurance policy, a different set of risks exists within the educational environment.

What if a situation involving you causes property damage or bodily injury while you are at work, either on school grounds or at a school function? Teachers face the risk of liability lawsuits from other faculty - even students or parents of students. If you were relying on a union or your employer's professional liability to offer you complete protection, you may be unknowingly leaving your career - and your personal finances - exposed.

NEA's Educators Employment Liability (EEL) Insurance

The National Education Association (NEA) recognizes the importance of having such protection. The Educators Employment Liability (EEL) insurance program is one of many benefits of membership provided at no additional cost to the member. This policy protects you in most instances if a student or a student’s parents sue you. It also reimburses you if your personal property is damaged in assault-related incidents.

Coverage Details

The EEL policy covers legal charges arising out of the member’s educational work, or what under the policy is called, educational employment activities for an educational unit, such as a school or college, in most but not all instances. Here's a breakdown of what the NEA's EEL insurance typically covers:

Legal Defense in Civil Lawsuits: Payment up to $5,000 for legal defense in a civil lawsuit against a member where the case involves bodily injury, other than by an EEL-insured, due to fungus, mold, mildew, or yeast. The EEL policy must otherwise cover the defense.
Defense Against Criminal Charges: Reimbursement for attorney fees and other legal costs up to $35,000 if the member is charged with violating a criminal statute in the course of their educational employment activities, and they are exonerated from charges other than corporal punishment. Defense against corporal punishment does not require exoneration to obtain legal defense coverage under the policy.
Bail Bond Coverage: Reimbursement up to $1,000 of bail bond premium if the member must post a bond as the result of an occurrence arising from their educational employment activities.
Additional Coverage for Specific Roles: Additional coverage is offered to athletic trainers, nurses, physical therapists, occupational therapists, or dental hygienists for their rendering, supervising, or teaching at schools or other educational units. This option is purchased by the state affiliate.

Occurrence Policy

NEA’s EEL policy is an occurrence policy. This means that claims arising from covered acts (“occurrence”) during the contract period are covered no matter when the claim is made-whether during that current period or years later.

Exclusions

The EEL policy covers criminal and civil rights cases, but not cases arising out of the discharge or layoff of a member, or involving other “job rights” issues. These types of cases are covered by the Kate Frank-DuShane Unified Legal Services Program.

Tutoring Services

In some cases, NEA members may need to obtain additional liability insurance protection for operating a tutoring services business in their own residences. Operating a business (whether compensated or not) is not covered by the member’s personal homeowner’s, renter’s, or condo insurance policy, or by the NEA professional liability policy. As a business, the commercial insurance needed is distinct from the member’s professional liability insurance, under NEA’s EEL insurance, that covers members who tutor students as part of the member’s work for an education institution. Contact your insurance representative to inquire about the types of activities that are covered under your homeowner’s, renter’s, or condo insurance policy.

Proliability

Proliability offers educators liability insurance that can offer complete protection for their career and personal finances.

Educators Liability Insurance for International Schools

International schools face unique challenges that necessitate comprehensive educators liability insurance. These schools attract students from different cultural and legal backgrounds, increasing the risk of disputes. Parents may file lawsuits for alleged failure to educate, negligence, discrimination, or emotional distress. Many countries require schools to have liability coverage for staff and administrators.

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Unique Risks Faced by International Schools

Diverse Legal Jurisdictions: International schools often operate in multiple legal jurisdictions, making compliance complex.
Mismanagement or Negligence: Protects teachers, administrators, and board members from claims of mismanagement or negligence.
Off-Campus Activities: Schools conduct off-campus trips, sports activities, and exchange programs, increasing liability risks.
Vicarious Liability: International Schools may be held liable for the actions of their employees.

Key Considerations for International Schools

Legal Defense Costs: Even if a school or educator is not found liable, legal defence costs can be significant.
Policy Coverage: It’s important to note that the specific coverage and terms of Educators Liability Insurance can vary based on the insurance provider and the policy’s details.

Chubb Scholastic Advantage® Coverage

Chubb recognizes the complex employment challenges that public entities face today, where employment practices claims continue to increase. In an effort to help our policyholders reduce losses and avoid claims, all Chubb Scholastic Advantage® policyholders have access to EPL Assist, an interactive value-added service at no additional cost to the policyholder. Chubb Scholastic Advantage® coverage addresses this intricacy.

Obtaining Educators Liability Insurance

NEA Members

Students: FREE for students who are not already employed by a school district. Join by logging in to NEA. Forrest T.
Application: To apply, log in to Forrest T. Jones & Company. Enter Residential zip code. Under Association select ATE - Association of Teacher Educators. Choose Student Educator Professional Liability Plan. students is the Council for Exceptional Children membership and insurance package.

Other Providers

That’s where Proliability comes in.

Working with Insurance Experts

Why work with Continuum? Their in-depth knowledge of both the industry and the appetite of insurers allows to advise clients on the appropriate solutions to help them protect their business and offer value to their clients. They take a client-centric approach, appreciating that insurance may be a future requirement rather than an immediate need and advise on the timing of policy inception as well as helping with payment schedules and budgeting requirements. We recognize that the responsibilities of those who oversee the activities of educational institutions and their charges are growing more and more complex.

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