UTCE's Educator Liability Insurance and Legal Protection Plan for Members
Members of the Utah Council of Educators enjoy the comfort and protection of strong professional liability insurance and legal protection. UTCE insurance is administered by the Myron Steves Company.
Policy Overview
Not all policies are alike and the UTCE policy has some extra protection that other organizations don't offer. The UTCE policy offers $2,000,000 of liability protection and defense costs are paid in addition to this amount!
WHAT THE POLICY PAYS
| COVERAGE A | Up to $2,000,000 per Insured, per occurrence / $3,000,000 per occurrence, plus the cost of defense, investigation and legal fees. * |
| COVERAGE B | Up to $5,000 per claim per Insured. Coverage for actions involving dismissal and/or revocation of certification, criminal proceedings and/or sexual misconduct limited to $10,000 aggregate per Insured per policy year. |
| COVERAGE C | Up to $1,000 premium on bail bonds. |
*Note: The duty of the insurer to defend extends even to groundless, false and frivolous suits or accusations.
What the Policy Covers
Coverage A
Liability
A True Professional Liability Policy with a broad insuring clause:
- 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
Reimbursement of Attorney Fees
This coverage provides for reimbursement of attorney fees in a broad range of situations not insured under Coverage A, such as:
- Criminal charges, allegations of sexual misconduct, actions involving dismissal, revocation of certification, and other professional rights and duties. 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.
Coverage C
Provides for payment of up to $1,000 premium on bail bonds.
UTCE believes that all of its members deserve and should be afforded due process and legal support at their discretion, not at the organization's discretion.
Accessing UTCE's legal service benefits is never dependent on pre-approval of a UTCE executive. Access to your legal protection is not dependent upon whether or not your case is determined to be in the best interest of UTCE, as it is with some other organizations. Take comfort in knowing that you are protected—period. YOU are the insured party!
On liability insurance related matters, UTCE members are free to use UTCE's attorney referral network or they may prefer to seek out legal representation of their own choosing instead of having to accept a predetermined legal advisor - as with some other organizations.
Please note… UTCE's network of attorneys bill our insurance provider directly for services covered under UTCE's plan. If you choose to use one of UTCE's attorneys, you will never have to worry about being billed. In instances when you choose to use your own attorney, your attorney will be reimbursed for services rendered up to the limits specified in the policy.
Who's Covered?
Members of the Utah Council of Educators who are W-2 employees of an educational entity (i.e. public school teachers, counselors, administrators, classified personnel, and district office employees) are all covered under the UTCE insurance plan. Student teachers who are enrolled in an accredited college of education who are working towards teacher certification are also covered.
Below are some commonly asked questions about UTCE's liability insurance policy and legal protection plan:
Q: What's covered under this policy?
A: You will be protected against a broad range of exposures including the following allegations
- Injuries to students under your supervision
- Failure to educate or recognize learning disabilities
- Improper counseling or evaluation of students
- Violation of a student's civil rights
- Improper methods of instruction
- Sexual misconduct and discrimination
- Verbal abuse or assault of students
- Failure to promote students or grant credit
- Hiring unqualified persons
- Failure to secure medical attention when a child requires it
- Failure to report the abuse or neglect of a student
Q: What kinds of things are not covered by this policy?
A: Criminal acts for which you are found guilty. Activities not arising out of your educational activities. Intentionally inflicting bodily injury (except corporal punishment).
Q: Am I covered for lawsuits based on sexual harassment or abuse?
A: The policy provides up to $5,000 to reimburse your attorney's fees, provided you are found to be not guilty or the charges are dropped.
Q: 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: Are libel and slander covered?
A: Yes, while the member is engaged in activities as a professional educator.
Q: 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: 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 instructed a player to “run the bleachers” as discipline for missing practice, the student fell and suffered serious injuries.
The claim was covered under liability – Coverage A.
Q: 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 or 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.
Other organizations' plans may promise you greater coverage amounts in job protection benefits, but they can decide whether you receive coverage. It is well known in the industry that some organizations only choose to represent their members in cases that advance the organization's goals, and only if they think the case is winnable. Their insurance and legal protection may look good, but if they don't take your case, it's worthless!
With the UTCE insurance plan you know that you have up to $5,000 to cover legal expenses in a sexual harassment or abuse case and up to $5,000 in job protection benefits if you sue for termination, suspension, reassignment, or demotion. And, you would be surprised how many job-related conflicts are resolved with just a couple of phone calls from UTCE or your attorney.
Q: Since UTCE is relatively new, will I be as protected under your plan?
A: Absolutely! UTCE's $2,000,000 liability policy and legal protection insurance is as solid as any being offered. It is not relevant how old or how big UTCE is, but how established our insurance provider is. Myron Steves Company has over fify years experience in handling association insurance needs.
* Note - A word about the Union's blanket coverage policy ...
The Union's insurance policy is a blanket coverage policy meaning that the Union reserves the right to decline to take your case if they feel it may not be in the best interest of the organization. In other words, they simply choose not to take cases that might turn out to be losers. The Utah Council of Educators feels this type of policy is not in the best interest of the educators we represent.
For additional information, email UTCE at memberservices@utce.org, or call UTCE's main office toll free at 888-359-8823.
**This brief description of the policy is to provide information only to members and in no way alters or modifies the policy on file with the Association.
UTCE New Member Survey
In this survey we ask for your opinions and insights on teacher representation and UTCE. Participate here.
Risks Facing Today's Educators
Click here to find out how to safeguard yourself & your students
From the News Archives
