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Posted On Oct, 26, 2021 By jardinelawoffices
Category: Educators PEP FAQ

The answer here is sometimes. Typically, insurance policies will only cover you for your negligent actions. Negligent, in this context, means accidental. Stated differently, if your actions are purposeful – if you intended the result — you will generally not be covered.

Let’s explore 2 examples. In example A, the educator trips in the classroom and accidentally hits a student on the head causing a bloody nose. In example B, the educator is angered by the student to the point that the educator punches the student in the face, again causing a bloody nose. In both examples,

A and B, the result is the same: a bloody nose. However, the means of getting there is vastly different: one act was negligent while the other was intentional. Malpractice insurance would generally cover example A, but almost never covers example B.

Likewise, the NEA, UEA and DEA provide coverage for negligent actions; however, if the actions are purposeful, i.e., “outside the course and scope” of employment, you will likely find there is no coverage. Remember, criminal acts are rarely negligent. Therefore, for almost any crime, you will not be covered.

No coverage means you are on your own. No coverage likely means that you have been placed on administrative leave. No employment combined with no coverage is a recipe for disaster.