Questions and Answers

New Mexico Association of Classroom Teachers
EDUCATORS PROFESSIONAL LIABILITY INSURANCE

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Sometimes, Things Happen: What should you do?
Just a reminder, since the main reason that you belong to NMACT is for the insurance, you might want to know what to do in case of accusations or problems.
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COMMON QUESTIONS AND ANSWERS:

Q 1. Does this policy cover a teacher or principal who is also a member of a school board?
A. Such member is covered while engaged in duties as a teacher or principal but not while acting as a member of a school board.

Q 2. Are libel and slander covered?
A. Yes, while the member is engaged in activities as a professional educator.

Q 3. 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.

Q 4. 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. In a case where the coach instruced a player to “run the bleachers”as a discipline for missing practice, the student fell and suffered serious injuries. The claim was covered under liability – Coverage A

Q 5. 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.

Q 6. 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 the principal and teacher would be paid if the suspension were upheld.

Q 7. 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 of not the insured is exonerated.

Q 8. 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.

Q 9. 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.

Q 10. 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 fees were paid under Coverage B.

Q 11. 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.