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Liability Insurance
KAPE Professional Educators Liability Insurance Policy
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"KAPE was there for me when I needed them!"
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KAPE Professional Educators’ Liability Insurance
Policy provides a full $2,000,000 of coverage per member for protection
against lawsuits. Defense costs are paid in addition to this amount.
The policy also provides extensive coverage for
“employment rights” issues and other legal problems which might arise
against you in the course of your professional duties and responsibilities.
Allegations against you as a
result of your professional duties for civil rights violations or sexual
misconduct are covered for $10,000 per incident, and may be covered
for up to $35,000 if criminal charges are involved.
“Employment rights” issues
include dismissal, salary, leave of absence, assignment, resignation,
and many other professional rights, duties, and responsibilities. These
issues are also covered for up to $10,000 per incident, if it is shown that
your employment rights have been violated. Of this amount, $1,000 is
available up-front for legal consultation and local representation by an
attorney, in order to determine your best legal options.
Our insurance policy is provided
by Scottsdale Insurance, a wholly owned subsidiary of Nationwide ® Insurance
Company. Both Nationwide and Scottsdale have earned an A.M. Best rating of
A+XV (superior) and a Standard & Poor’s rating of “A”. This is the same
insurance group that serves many of the largest non-union teacher associations
in the country. For example, in Georgia the Professional Association of
Georgia Educators (PAGEW) has over 70,000 members.
What’s covered under this policy?
You are protected against a
broad range of allegations and liabilities which could arise against you in
the course of your professional responsibilities and duties. These include
the following. Please note that all areas (Coverage’s A-C) are included with
professional membership.
General Coverage:
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Coverage
A — Educators Professional Liability Insurance:
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Coverage
B — Attorney fees for additional legal
situations, including:
- Defense against criminal charges.
- Defense against job action or violation of employment
rights (includes dismissal, tenure, salary, leave of absence,
assignment, resignation, and other professional rights, duties,
and responsibilities).
- Defense of an action against teaching certificates
(includes issuance, suspension, cancellation or revocation
of teaching Certificate).
- Defense of action against allegations of civil rights
violation.
- Defense against allegations of sexual misconduct.
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Coverage
C — Bail bonds.
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KAPE Insurance Summary:
Coverage Areas & Limits of Liability
(PDF — 68 KB)
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Insurance Comparison:
KAPE's Policy compared to a typical Teacher's Union policy
(PDF — 54 KB)
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If you still have questions or
would like more information sent to you, please call us at (888)471-9171
or email us at: info@kentuckyteachers.org.
Here are some commonly asked
questions about KAPE's $2,000,000 per member Professional Educators Liability
Insurance Policy:
Questions and Answers
Q1. Does this policy cover a teacher or principal who is also a member of a school board?
A. Such a member is covered while engaged in duties as a teacher, principal or other school employee, 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 KAPE 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 because 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 is 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 B, 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. This 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.
Q12. Members have situations with parents where the parents say they are going to sue. The member doesn't know what to do or what their rights are. What does the policy do for this member?
A. Members may seek the advice of a lawyer to find out what their rights are. The lawyer will be paid, up to $1,000 whether or not the member is exonerated.
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