ATPE News

Winter 2016

ATPE News is the official publication of the Association of Texas Professional Educators, the largest educator association in Texas. The magazine addresses the most important issues affecting public education in the state. Learn more at ATPE.org.

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38 ATPE NEWS EXCLUSIONS This policy does not apply: a. To activities of an Insured that are not activities of an Insured in his/her professional capacity, as defined above. b. To activities of an Insured that are carried on in a private business, private professional endeavor or private school, other than an Institution of higher education, except this exclusion does not apply to activities of a student teacher doing practice teaching in a private school. c. To the ownership, maintenance, operation, use, loading or unloading of (a) vehicles of any kind, other than farm tractors not operated on public highways, (b) watercraft, (c) aircraft, except, however, coverage would apply to: (1) a driver training instructor while riding as a passenger in the course of duties as an employee of a school system and (2) a vocational education instructor in the course of regular instruction carried on in a shop provided by the school and (3) an Insured while supervising students entering or exiting a school bus. The coverage afforded herein does not apply when the Insured has any other Insurance of any kind, whatsoever which affords coverage as to such liability. d. To liability assumed by the Insured under any contract or agreement. e. To injury, sickness, disease, death or destruction due to war, whether or not declared, civil war, insurrection, rebellion, or revolution, or to any act or condition incidental to any of the foregoing. f. To any obligation for which the Insured or any carrier may be held liable under worker's compensation, unemployment compensation, disability benefits or similar laws. g. To the rendering, teaching or supervising of medical, surgical, dental, nursing, or other similar services of the omission thereof; except however, coverage would apply to: 1. First aid and regular nursing services rendered by a school nurse employed for the purpose of rendering such services; 2. First aid and regular nursing services rendered by a certified health aide employed for the purpose of rendering such services under the supervision of a school nurse; 3. Physical therapy rendered by a licensed physical or occupational therapist, or licensed athletic trainer, employed for the purpose of rendering such services; 4. The administration of oral prescription medicine to a student by an Insured, provided the Insured has advance written authorization for such administration from the parent or guardian of the student; 5. Emergency first-aid services rendered by the Insured when a school nurse or other medically-trained person is not readily available; or 6. Psychological therapy or treatment rendered by a licensed practitioner employed for the purpose of rendering such services. h. Under Coverage A. to criminal acts other than corporal punishment. i. Under Coverage A. to the defense of any civil suit for criminal acts other than corporal punishment. j. To liability in respect of claims brought by any employee or former employee of any educational institution against an Insured, as defined by the policy, except to the reimbursement of attorney's fees as provided under Coverage B. The following three exceptions apply to this exclusion: 1. This exclusion shall not apply to any claim made or suit brought against an Insured by or on behalf of another employee of an institution of higher education if the claim or suit arises out of an occurrence in the course of activities of the Insured in his/her professional capacity as a participant in the peer review system of an Institution of higher education; however, this exclusion shall apply to an assault upon an Insured by another employee of an Institution of higher education if the assault arose out of an occurrence in the Insured's aforementioned peer review activity. 2. This exclusion shall not apply to any claim made or suit brought against an Insured by or on behalf of another employee of an educational Institution if the claim or suit arises out of an occurrence in the course of activities of the Insured in his/her professional capacity as a member of a board of commission, established by the Insured's state government, which has as its purposes the licensure or certification of educators, or the setting of standards for the licensure or certification of educators. 3. This exclusion shall not apply to any claim made or suit brought against an Insured by or on behalf of a minor or incompetent child of an employee of an educational Institution, if the claim or suit arises out of an occurrence in the course of activities of the Insured in his/her professional capacity. k. To punitive damages in excess of $5,000. l. Except as provided under Coverage B, this policy does not provide coverage to claims arising out of occurrences in which the Insured intentionally causes damage of any nature to another person or entity, except for claims arising from corporal punishment of any student or pupil administered by, or at the direction of, the Insured in his/her professional capacity. m. To the defense of any action of declaratory judgments, injunctive relief, or other similar proceeding, except as provided in Coverage B, unless the relief prayed for therein also seeks damages which are covered under Coverage A. n. To activities of any Insured while acting as a member of any school board or similarly constituted body. o. Except as provided under Coverage B, this policy does not provide a defense or coverage to damages resulting from any claim for actual sexual action or conduct or harassment. p. To any claims, accusations or charges brought against any Insured, and to any obligation or duty of the Company to afford defense for such claims, accusations or charges, which are made because of any damages or injury arising out of Human Immune Deficiency Virus (HIV) Acquired Immune Deficiency Syndrome (AIDS), no matter how transmitted, except to reimbursement of attorney's fees as provided under Coverage B. q. Under Coverage B, to any claim involving health, disability, unemployment or retirement benefits including such benefits payable, under any Workers Compensation law whether payable by an insurance company, trust, self insurance benefit plan of any school district, any similar carrier or provider or device arranged to handle such benefits, or to any action involving the payment or refund of premium(s) for such benefits. Neither the term "salary" nor the phrase "other professional rights, duties and responsibilities" under Coverage B(1)(a) shall be inclusive of such benefits. This exclusion shall not apply to claims involving the continuation of the insured's group health coverage solely as provided in Texas Education Code ยง22.004, subsections (k) and (l). r. To bodily injury, property damages, personal injury or advertising injury arising out of the removal, transport, storage, installation or use of asbestos for any purpose whatsoever. This includes any loss, cost or expenses related to asbestos. s. With respect to Coverage E, to any dishonest, criminal, malicious or fraudulent acts if the Insured personally participated in, directed, or had knowledge of such acts. t. Under Coverage A, to any claim, defense or activity whatsoever involving a firearm, explosive weapon or device, stun gun or other device. u. To misuse, embezzlement, misappropriation, or breach of fiduciary duty, in the handling or managing of public and/or private monies, investments, securities or other funds held in a trust capacity, except as provided under Coverage B. v. Under Coverage A, to employment practices liability, including without limitation, wrongful dismissal, discrimination, harassment, retaliation or any activity of an Insured in connection with an educational institution's employment, discharge or termination of any individual. w. Under Coverage A, to any claim against an Insured whose position requires administrator certification, or who is acting in a supervisory capacity, where such claim arises out of the Insured's supervision or employment of any individual, the conduct of the Insured's subordinate, or any alleged failure to report, prevent, address or remediate such subordinate's conduct. x. Under Coverage B, to any action against an Insured arising out of the Insured's actual or alleged activities in a supervisory capacity, or relating to the Insured's role in the creation or interpretation of any employment policy or procedure. CONDITIONS 1. Limits of Liability The limits of liability stated in the Declarations are the limits of the Company's liability for all damages, including damages for care and loss of services, arising out of one occurrence. 2. Notice of Occurrence When an occurrence takes place written notice shall be given by or on behalf of the Insured to the Company or any of its authorized agents as soon as practicable. Such notice shall contain particulars sufficient to identify the Insured and also reasonably obtainable information respecting the time, place and circumstances of the occurrence, the names and addresses of the injured and of available witnesses. 3. Notice of Claim or Suit If claim is made or suit is brought against the Insured, the Insured shall immediately forward to the Company every demand, notice, summons or other process received by him or his representative. 4. Notice of Stolen Identity Event When a Stolen Identity Event occurs, a report shall be filed by the Insured or on the Insured's behalf with the appropriate police authority. Any claim for attorney fee reimbursement shall contain particulars sufficient to identify the Insured and also reasonably obtainable information respecting the time, place and circumstances of the Stolen Identity Event. 5. Assistance and Cooperation of the Insured The Insured shall cooperate with the Company, and upon the Company's request, shall attend hearings and trials and shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses and in the conduct of suits. The Insured shall not, except at his/her own cost, voluntarily make any payment, assume any obligation or incur any expenses other than for such immediate medical and surgical relief to others as shall be imperative at the time of the occurrence. 6. Action Against Company No action shall lie against the Company, unless as a condition precedent thereto, the Insured shall have fully complied with all terms of this policy, or until the amount of the Insured's obligation to pay shall have been finally determined either by judgment against the Insured after actual trial or by written agreement of the Insured, the claimant and the Company. Any person or organization or the legal representative thereof who has accrued such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the

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