Educators are frequently exposed to situations that may give rise to legal actions which can involve your personal liability.
The OEA/NEA Educators Employment Liability (ELL) Program is a professional liability insurance automatically provided as a benefit of membership. It is underwritten by AIG Companies (AIG), an A+ rated insurance company. Your entire program premium is paid by the NEA.
If a student or a student’s parents file suit against you, the EEL Program will provide you with insurance protection for the vast majority of cases. The program also reimburses you for damage to your personal property in assault-related incidents.
Policy Coverage’s Include:
- Educators Liability Benefit
Payment of the legal costs of defending civil proceedings (other than civil rights) brought against you in the course of your work and up to a $1,000,000 national limit* in damages assessed against you as a result of such proceedings. The policy provides up to a $300,000 national limit* worth of defense, settlements or judgments and other supplementary payments for proceedings concerning civil rights** as well as a $5,000 sub-limit for defense on mold related claims. Coverage is subject to a $3,000,000 per occurrence limit regardless of the number of members involved in the occurrence.
- Attorney Fees for the Defense of Criminal Proceedings**
Reimbursement for attorney fees and other legal costs up to $35,000 is available if you are charged with violating a criminal statute in the course of your employment as an educator and you are exonerated from the charges.
- Bail Bond
Reimbursement up to $1,000 of bail bond premiums if you must post a bond as the result of an occurrence arising out of your employment as an educator. (The insurance company is not obligated to furnish the bond.)
- Assault-Related Personal Property Benefit
Payment of up to $500 for damage to your personal property when caused by an assault upon you in the course of your employment. (Vehicles and school property are excluded.)
Educators Employment Liability Program Resources
- Educators Employment Liability Brochure
- Educators Employment Liability Brochure (Spanish)
- Educators Employment Liability Claim Form
- OEA/NEA Certificate of Insurance — Contract Summary
Educators Employment Liability Program Questions & Answers
No. The program provides coverage for educational employment activities on and off school grounds including, for example, school-sponsored athletic events, laboratory experiments, shop training, field trips in the U.S. and abroad, and after school clubs. Educational employment activities are those duties that you perform pursuant to the express or implied terms of your employment for an educational unit.
Yes. Attorney fees and court costs up to the maximum of $35,000 will be reimbursed when the costs are incurred in the defense of a criminal proceeding arising out of your educational employment activities. In most cases, you will be reimbursed only if the proceeding is dismissed or you are exonerated. If, however, the proceeding arises out of an incident involving the administration of corporal punishment, the policy may provide reimbursement, regardless of the outcome.
Yes. Defense, settlements** or judgments** and court costs up to a maximum of $300,000 will be provided when incurred in the defense of an action arising out of your educational employment activities and alleging a violation of another person’s civil rights.
No. Another NEA-sponsored program, the Kate Frank-DuShane Unified Legal Services Program, provides coverage for these types of cases. For more information, contact your local association UniServ Office or OEA Legal Services at 614-362-0646.
If you are involved in any situation that you believe is covered by the EEL Program, notify the EEL Program Coordinator Matt Cooper-Whitman, in OEA Legal Services, at 614-362-0646 legal services who will confirm your eligibility and forward your claim to the insurance carrier for handling.
Yes. Certain activities, which NEA members perform, are excluded. The following are some examples of the major activities that are excluded from coverage under the EEL Program. For further details, please consult the Certificate of Insurance brochure.
* May have state variations, check with your state association. | ** State insurance laws do not permit this coverage in New York.
The information in this brochure is a general description of coverage under the OEA/NEA EEL Program and is not a statement of contract. All coverages are subject to the exclusions and conditions in the policy which may vary slightly from state to state, depending upon state laws governing the general provision of insurance.
Click here to learn about the OEA/NEA 2019-2020 Attorney Referral Program, an additional member-only benefit.