liabilty_ins_info.htm

AFT Occupational Liability Plan - 08/17/2009 16:06:38 -0400
Provides Liability Protection for Professional Hazards

This insurance coverage is provided to all members of Local 2364 as part of the membership benefit package. Together, the two parts of the plan, the Occupational Liability Policy and the Legal Action Trust provide comprehensive liability protection for claims arising out of the professional activities of an insured AFT member. This includes legal defense and court judgments.

The AFT Occupational Liability Insurance Policy provides:

Up to $1,000,000 per member and $3,000,000 per claim involving multiple insureds of protection for compensatory damages for civil actions arising out of bodily injury or death of students while under the supervision of the member. This includes civil corporal punishment claims.

Up to $1,000,000 of personal injury coverage for libel, slander, defamation of character, violation of the right of privacy or detention, etc.

Up to $1,000,000 of protection per member for damage to or destruction of the property of others.

Up to $1,000 in bail bond premiums if required for the defense of a suit.

Worldwide coverage.

The AFT Legal Action Trust provides:

Up to $250,000 per member for suits involving the denial of constitutional rights.
Up to $1,000,000 per member for inadvertent acts or omissions – including “failure to educate.”
Defense costs up to $35,000 per member for any one incident for criminal charges arising out of school activities where there is complete exoneration. However, if criminal proceedings result from corporal punishment, the reimbursement of defense costs up to $35,000 will be made regardless of the outcome.
Up to $5,000 for defense of covered claims in licensure board or credential hearings resulting from educational employment activities.
If an insured member is assaulted while engaged in his or her normal professional duties, this Plan could provide:

Up to $250 for damages to the member’s personal property (other than vehicles) when the damage is the result of an assault to the member and if the member has no other insurance,
AND a $10,000 assault death benefit – regardless of other insurance – in the event the member dies within ninety days.

Q. What is the AFT Occupational Liability Plan?

A. The AFT Occupational Liability Plan is now comprised of two separate parts:

Part 1: The Occupational Liability Policy provides up toe $1,000,000 per member for bodily injury, property damage and personal injury coverage with a $1,000,000 aggregate. The POLICY provides coverage for most of the claims activity involving educational employment activities. A $3,000,000 aggregate applies per claim for an incident involving multiple insureds.

Part 2: The AFT has established a special Legal Action Trust to provide reimbursement protection for other exposures. The TRUST has a $1,000,000 per occurrence limit and an annual aggregate limit of $1,000,000.
By combining the POLICY with the TRUST, members receive comprehensive protection.

All individual AFT members in good standing of participating AFT Locals (whose names are on file at AFT National Headquarters) are covered under the AFT Occupational Liability Plan for their educational employment activities. These members may include teachers, student teachers, volunteer teachers, school nurses, librarians, psychologists, physical and occupational therapists, para-professionals and other school support personnel.
To obtain the AFT Occupational Liability Plan, the member pays dues to his or her participating AFT Local. In turn, the Local Treasurer sends the member’s premium, name and address to the AFT National Office. Coverage is automatic.

If an insured member is threatened with an Occupational Liability suit through an attorney’s letter, lien notice, summons or is otherwise involved in such a case, the member should notify his or her Local Union at once, forwarding all documents. Any delay may prove serious. The Local should then send a written verification of the individual’s membership at the time of the occurrence, along with all documents, to the AFT Plus Group Insurance Administrator: Marsh Affinity Group Services, a service of Seabury & Smith, 1440 Renaissance Drive, Park Ridge, IL 60068-1400.

Q. Is protection under the policy limited only to incidents which occur within the school or school grounds?

A. No. The policy also provides benefits for other professional pursuits such as school athletics in which the student may be injured and the coach or supervising teacher is charged with negligence. Student injuries in a school- sponsored laboratory experiment, in shop training, while on class field trips or in other supervised activities are covered under the policy portion of the AFT Occupational Liability Plan. This includes corporal punishment claims.

Q. Are driver training teachers and auto shop vocational teachers protected under this Plan?

A. Yes. Under the policy, driver training teachers are provided with protection for regular classroom or other supervisory activities. Coverage provided through the Trust when riding as a passenger in a driver training vehicle.

Other transportation exposure in vehicles (either publicly or privately owned) is not covered. Auto shop vocational teachers are protected against injuries which occur in the course of regular instruction in the shop provided by a school.

Q. Is a teacher covered if accused of having failed to educated his or her student?

A. Yes. The insured member is protected under the Legal Action Trust for any inadvertent act or omission – including “failure to educate.”

Q. Are criminal cases covered?

A. The Aft Occupational Liability Insurance Policy does not cover criminal liability. However, the Legal Action Trust reimburses defense costs for covered claims in two ways:

1. Up to $35,000 of reimbursement for covered claims arising out of employment activities where the member is completely exonerated.

2. Up to $5,000 of reimbursement where the member is unable to gain complete exoneration of charge.

Q. What if an insured member is assaulted at school?

A. If an insured member is assaulted the AFT Legal Action Trust will provide up to $250 for damages to the member’s personal property (other than vehicles). This applies only if the member has no other insurance. There is also a $10,000 assault death benefit payable through the Trust if the member dies within 90 days after the assault.

Q. What if a final judgment is entered against an insured member?

A. The policy will pay the judgment up to $1,000,000 per member. For claims that are covered under the Trust, individual judgments will be paid up to $1,000,000 with an annual aggregate Trust limit of $1,000,000. All costs for legal defense are included in the payment.

Q. Does the Plan provide protection for members if they are sued for corporal punishment claims?

A. Yes! The insured member is covered for corporal punishment claims whether the claim involves criminal or a non criminal act.

Q. Does this Plan provide legal expenses for loss of tenure suits, teacher grievance cases, etc?

A. No. AFT maintains a defense fund and defense procedure which best answers this need. It is AFT’s feelings that the Local Union should maintain control in these instances.

Q. What are the exclusions or limitations to the Plan?

A. The Plan does not provide protection for punitive damages in excess of $5,000 (provided by the Legal Action Trust). The Plan does not provide protection for personal business pursuits, automobiles, boats, aircraft exposures and other standard exclusions related to occupational liability.

All benefits (except death benefits) apply when the AFT member has no other insurance available to her or him. If other insurance is available (through a School Board, personal insurance, state statute, etc.), then the AFT Plan provides excess benefits beyond the amount covered by other insurance.
Administered by: Albert H. Wohlers & Co., AFT Group Insurance Plans, 1440 N. Northwest Highway, Park Ridge, IL 60068-1400 1 / 800 / 272-4AFT