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Issue link: https://atpe.epubxp.com/i/435977
professional rights, duties and responsibilities, allegations of intentional or negligent sexual conduct and arising within the scope of employment; involving the issuance, suspension, cancellation or revocation of such Insured's credential, life diploma or certifcation document issued by the State Board of Education, State Board of Educator Certifcation or Commission on Credentials; based upon an alleged violation of such Insured's civil rights guaranteed by the Constitution or civil rights statutes of the United States or any state arising out of activities of an Insured in his/her professional capacity and not otherwise covered; as a result of an Insured's service on an appraisal and/or a career ladder select committee. (b) Incurred in the appeal of a decision by the governing board of a school district or the commis- sioner of education resulting from defense of an action or proceeding under Coverage B (1)(a), provided, however, fnal judgment is rendered in favor of the Insured. (c) in addition to any amount reimbursed pursuant to Coverage B(1)(a), incurred in the defense of any action or proceeding involving dismissal, contract renewal, or suspension, cancellation or revocation of any credential, life diploma or certifcation document issued by the State Board of Education, State Board of Educator Certifcation or Commission on Credentials, provided that the fnal outcome in such action or proceeding is in favor of the Insured. (2) To reimburse an Insured on account of such attorney fees for services as are reasonable and necessary which the Insured is legally obligated to pay to an attorney for the defense of any criminal action or proceeding brought against such Insured, but without obligation to furnish such attorney, arising out of the Insured's activities in his/her professional capacity on the property of an educational institution while performing duties of employment or during an event to which the Insured is assigned by the educational institution. The reimbursement of attorney fees shall be according to the following schedule and subject to the limit of liability stated under Coverage B(2) of the Declarations: 1. Up to $10,000 (including an initial amount of up to $5,000 for a retainer), regardless of the fnal outcome of such criminal action or proceeding; and 2. Up to an additional $5,000, but only if the Insured is found not guilty or otherwise acquitted of all charges in such criminal action or proceeding, or if all criminal charges in such criminal action or proceeding are withdrawn or dismissed with prejudice. Deferred adjudication, a plea of no lo contendre, or a plea to or conviction on lesser charges in such criminal action or proceeding shall not constitute a not-guilty fnding, acquittal, withdrawal or dismissal. Coverage C - Bail Bonds To pay the premium for Bail Bond required of the Insured arising out of activities of the Insured in his/her professional capacity, as hereinafter defned, not to exceed $5,000 per bail bond, but without obligation to apply for or furnish such bond. For purposes of this coverage, a series of continuous or similar actions by the Insured shall constitute a single claim regardless of the number of indictments. Coverage D - Assault-related Personal Property Damage To pay an Insured up to $2,500 for damage to or destruction of the Insured's personal property which is caused by an assault upon the Insured arising out of an occurrence in the course of an Insured's authorized course of activities in his/her professional capacity to the extent that such damages exceed the coverage provided by any Homeowners, Personal Property Floaters or other similar valid and collectible insurance. This coverage does not apply to damage or destruction of a vehicle of any kind, or to damage to or destruction of leased or loaned property. Coverage E – Personal Identity Theft Coverage To reimburse the Insured up to $2,500, for reasonable and necessary attorney fees which the Insured is legally obligated to pay to an attorney, as a result of a Stolen Identity Event occurring during the policy period but without obligation to furnish such attorney, to the extent that such fees exceed the coverage provided by any other beneft, program or policy available to the Insured. SUPPLEMENTARY PAYMENTS The Company will pay, in addition to the applicable limit of liability for Coverage A: a. all expenses incurred by the Company, all costs taxed against the Insured in any suit defended by the Company and all interest on the entire amount of any judgment therein which accrues after entry of the judgment and before the Company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the Company's liability thereon; b. premiums on appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy, but the Company shall have no obligation to apply for or furnish any such bonds; c. expenses incurred by the Insured for frst aid to others at the time of an accident for bodily injury to which this policy applies; d. reasonable expenses incurred by the Insured at the Company's request in assisting the Company in the investigation or defense of any such claim or suit, including actual loss of earnings not to exceed $50.00 per day. DEFINITIONS a. The word "Insured" wherever used shall mean a person who is a professional, associate, teacher trainee or life member of the Named Insured. If the policy is a renewal, the word "Insured" includes members covered under the expired policy who reapply within sixty days of the inception of this policy. b. The phrase "activities of an Insured in his/her professional capacity" wherever used shall mean activities of an Insured in the course of his/her duties of employment with an "educational institution" or activities of an Insured in the course of his/her duties as a student in a teacher education program in an accredited college or university. With respect to Coverage A, "activities of an Insured in his/her professional capacity" shall not include services rendered in the practice of law, construction, accountancy, fnancial or other similar profes- sionally licensed services. c. The term "occurrence" only applies to Coverage A. It means an event, which results in damages to someone oth- er than the Insured. An occurrence can involve a single, sudden event or the continuous or repeated exposure to the same conditions. If a Claimant or Claimants allege to have sustained damages caused by repeated exposure to the same conditions caused by the Insured during diferent policy terms, then the exposure shall be deemed to have occurred as of the most recent exposure to said conditions, and shall be covered only by the last of all policies issued by the Company to the Insured and not by more than one policy issued by the Company. d. The term "membership date" means the date on which a person becomes a professional, associate or teacher trainee member of the Named Insured. e. The term "membership year", for purposes of use in this policy, means the period for obtaining membership in the Named Insured, beginning August 1st and ending on August 1st, twelve months following. f. The term "educational institution" means a public school district, institution of higher education, Regional Education Service Center, or the Central Education Agency. g. The term "attorney fees" means costs incurred by an attorney approved by the Company in accordance with policy terms and the claims reporting procedures as set forth by the Named Insured. h. The term "civil rights claims" where used shall mean any claim against an Insured alleging a violation of any person's civil rights, as protected by: the Constitution of the United States or of any state; The Civil Rights Acts of 1866 and 1964, as amended; the Americans with Disabilities Act; and any state or federal statute, regulation or executive order. i. The term "Stolen Identity Event" means the theft of non-public information about the Insured (including, without limitation, the Insured's social security number) which has resulted or could result in the wrongful use of such information. j. The term "criminal action or proceeding" means any: (1) criminal proceeding against an Insured which is commenced by the return of an indictment or receipt or fling of a notice of charges in a court of law and alleges one or more violations of any federal or Texas criminal laws; or (2) investigation by a law enforcement agency or other authorized governmental entity, including an educational institution, of one or more alleged violations by an Insured of any federal or Texas criminal laws. EFFECTIVE DATES OF INSURANCE The efective date as respects an "Insured" is the "membership date" in the "membership year" except as follows: 1. If this policy is a renewal, the word "Insured" includes members covered under the expired policy who reapply within sixty (60) days of inception of this policy, and coverage for such members is efective on the inception date of this policy. 2. As respects new and renewal members who join after the annual enrollment period (August 1 to September 30) and who were otherwise eligible for membership during the enrollment period, the efective date of coverage under Coverage B, C, D and E of this policy shall be thirty (30) days after the "membership date", and coverage is not provided for actions resulting from activities of an Insured which begin prior to the efective date of coverage. POLICY PERIOD 1. As respects Coverage A, this policy applies only to occurrences (as defned) during the policy period. 2. As respects Coverage B, C and D, this policy applies only to actions resulting from activities of an Insured (as defned) which begin during the policy period. 3. As respects Coverage C, this policy applies only to any bail bond required as a result of an event or series of events which happen or are alleged to have happened during the policy period. 4. As respects coverage E, this policy applies only to Stolen Identity Events occurring during the policy period. This policy period shall begin August 1, 2014 and end August 1, 2015 (12:01 A.M. standard time at the address stated in Item 1., of the declarations) POLICY TERRITORY Anywhere in the world with respect to an occurrence arising out of the covered activities of any Insured permanently domiciled in the United States of America though temporarily outside the United States of America, its territories and possessions or Canada, provided the original suit for damages because of any such injury or damage is brought within the United States of America, its territories or possessions or Canada. Anywhere in the world with respect to a Stolen Identity Event, but only attorney fees incurred in the United States of America. Payment of loss under this policy shall only be made in full compliance with all United States of America economic or trade sanction laws or regulations, including, but not limited to, sanctions, laws and regulations administered and enforced by the U.S. Treasury Department's Ofce of Foreign Assets Control ("OFAC"). atpe.org | 37 winter 2014