Job Protection Comparison--2009

UEA members are covered by the NEA/UEA/American Insurance Group (AIG) professional protection plan, the Utah State Risk Management (RM) insurance program. Other plans such as that offered by the American Association of Educators (AAE) offered, but their protection is limited. The UEA, RM and AAE plans overlap, but do not provide the same coverage. This table compares the three plans. 

Feature

NEA/UEA/AIG
Insurance

AAE

Utah Risk Management (RM)

Requires Membership

Yes, but only at the time of the incident

Yes, at the time of the incident and at the time suit is brought (continuous membership)

No, only public employment by an insured entity

Legal representation of Members in cases of accident, death or injury to others arising out of job-related activity

Yes, except for  intentional injury to the other person

Yes, except for intentional injury to the other person

Maybe -  depends on RM’s evaluation of teacher’s fault.

Maximum liability amount third party liability (non-civil rights)

$1 million (M) per person, $3 M per occurrence; attorney paid by NEA/UEA or AIG

$2M per person; $2 M per occurrence; $2 M max for all claims (country-wide); up to $5,000 attorney’s fees to defend the suit if the insured pays the first $100 and 10% thereafter

Limit of $620,700 per person per occurrence; $2,126,00 per occurrence; $248,300 property damage.1

Liability in case of a civil rights claim

$300,000

Same as above

Same as above

Represents Members in adverse personnel actions initiated by District

Yes, no limit

Requires insured to pay the first $100 and attorney’s fees up to various maximums described below

Never

Files grievances against District to enforce the collective bargaining agreement or board policy

Yes

No

Never

Represents members accused of assaulting students

Yes

90% of up to $10,000 if the charges arise out of corporal punishment, the insured pays the first $100 and is found not guilty; otherwise—no

Not based on UEA’s experience

Pays attorney’s fees in  job-related criminal charges

Up to $35,000 attorney’s fees if the Member is found not guilty; UEA handles most assault cases for its members at  its cost

No, except  charges of sexual misconduct.  See below

RM defends very few criminal cases involving school employees

Pay attorney’s fees in civil or criminal cases arising out of sexual abuse or misbehavior

See above civil and criminal charges above

The insured is reimbursed up to $50,000 if the insured is found not guilty and pays out of pocket the first $100 and 10% of all attorney’s fees

Not based on UEA’s experience

Maximum total personal property damage in case of a job-related assault

$500

None

$0

Represents members threatened, harassed, or assaulted by students, parents, or others

Yes

No

Never

Assists members obtain workers’ compensation

Yes

No

Never

Represents members in personnel file disputes

Yes

No

Never

Represents members in licensing disputes with the  Utah Professional Practices Advisory Commission

Yes

No

Never

Bail Bond

$1,000 per bond

$1, 000

None

Assists members in salary disputes with District

Yes

No

Never

Assists members with medical insurance claims and disability

Yes

No

Never

Represents members accused of child abuse by Division of Child and Family Services

Yes

No

No. The State usually prosecutes the case!

Assists members obtain unemployment insurance

Yes

No

Never

Works with the District to ensure fairness of the District’s evaluation program

Yes

No

Never

Helps members improve employment performance

Yes

No

Never

Files actions against people who libel or slander members

Yes

No

Never

Negotiates protection for members

Yes

No

Never

 

Represents members in retirement disputes with  district

Yes

No

Never

Represents members in termination, demotion, involuntary transfers, suspensions or other disciplinary actions

Yes, 100% through the administrative remedy and 100% if the association believes the Member has a reasonable chance of prevailing in litigation or in a civil rights administrative proceeding

Reimburses the insured’s legal expenses: Pays $50 for requesting a preliminary or school board hearing;
Up to $5,000 the insured incurs defending a claim if the insured pays 10% and the first $100; Up to $750 for assistance requesting a formal hearing; Up to $4,000 if the insured files a suit to get his/her job back, pays the first $100 and prevails against the district.  AAE pays up to $750 even if the insured does not prevail.

Never

Assists members obtain benefits under the district’s insurance policies

Yes

No

Never

Represents members in retirement disputes with the Utah Retirement Office

Yes

No

Never

Rev. August, 2009

AIG provides the insurance through Lexington Insurance Company or New Hampshire Insurance Company.

              The language of the AAE policy is it will pay, “Reasonable legal expenses incurred by you at our request for preliminary hearings or formal board hearings subject to all provisions of this policy, not to exceed $50.”  (Emphasis added.)

              The language of the AAE policy is it will pay, “Up to $4,000 for an attorney’s services if you file a Suit following a formal hearing that results in your termination . . .  or other disciplinary action, provided , however, that final judgment is rendered in your favor.”  UEA’s experience is litigation costs against a school district usually exceed $10,000.  Under the AAE policy and AAE insured would have to pay $5,450 in attorney’s fees.   Sixty percent of the employment related cases filed against school districts result in the district’s favor.  That means an AAE insured will have to pay all but $750 of the costs and attorney’s fees I 60% of the cases.

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