Insurance Technical Consulting

Chemistry teacher demonstrates a chemical reaction in a test tube in a class of grade school students
Educators Legal Liability. Photo by Tima Miroshnichenko.

Educators Legal Liability, or ELL, is a hybrid of other known policy types. Meant for schools and colleges, it combines the features of management liability policies, such as D&O, EPL and Fiduciary, then adds E&O. Other optional coverages often include Abuse, Active Shooter, Security, and Media Liability. On top of that, other liability coverages are extended that are particular to educational environments.

ELL mainly covers financial losses only, as expected for Management Liability and E&O. Property Damage and Bodily Injury are excluded, with some exceptions for BI, as in claims of abuse and active shooters.

Provided coverages that we think of from Management Liability policies:

  • EPL, including third party
  • Termination of employment
  • Breach of employment contract
  • Violation of Americans with Disabilities Act
    Age discrimination
  • Family and Medical Leave Act violations
  • Sexual Harassment
  • Retaliation
  • Whistleblower charges
  • Libel and slander


Coverages that are specially meant for educational institutions:

  • Tenure-related claims
  • Wrongful eviction from housing
  • Breach of fiduciary duty to endowments and trusts
  • Educator’s professional E&O
  • Violation of intellectual property rights
  • Discrimination against or by students
  • Violation of many statutory obligations
  • Failure to supervise a classroom
  • Failure to educate
  • Loss of accreditation
  • Failure to prevent or respond to bullying by students


Who is typically covered by ELL? It’s quite a long list compared to a standard ISO policy:

  • Board of education or board of regents
  • Executives and employees
  • Commissions and their members
  • Student teachers and volunteers
  • Affiliated non-profit organizations, and employees acting as directors and officers of them
  • Employed professionals such as lawyers, accountants, notaries


Each policy is different, and not all of these coverages appear on every policy. As with other specialty lines, a vigilant agent will look beyond the coverage to terms such as who is insured, defense handling, definitions, settlement consent and territory.

 

Do your validating producers understand Educators Liability, or know where to learn about it? Insurance Technical Consulting specializes in one-on-one mentoring of commercial producers so they gain confidence in what they are selling and make fewer errors. Save your agency time with potential to increase revenue and reduce E&O costs. Explore the website at InsuranceTechnicalConsulting.com for more information.

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