The KASE

The KASE/AFT Occupational Liability Insurance Plan

The KASE/AFT provides each of its' members with a Occupational Liability Insurance Policy and a Legal Action Trust. Together, these two parts provide comprehensive liability protection for claims arising out of the professional activities of an insured KASE/AFT member. This includes legal defense, court judgments and out-of-court settlements.

The KASE/AFT Occupational Liability Plan provides:

	Up to $1,000,000 per member and $3,000,000 per claim of protection for compensatory damages for civil actions arising out of bodily injury or damage to property in course of member’s occupational activity.
	Up to $1,000,000 of personal injury coverage for libel, slander, defamation of character, violation of the right of privacy or detention, etc.
	Up to $1,000,000 of protection per member for damage or destruction to the property of others.
	Up to $1,000 in bail bond premiums if required for the defense of a suit.

The KASE/AFT Legal Action Trust

	Defense costs up to $250,000 per member per year for suits involving the denial of constitutional rights.
	Up to $1,000,000 per member per year for inadvertent acts or omissions.
	Defense costs up to $35,000 per member per year for criminal charges arising out of occupational activities where there is complete exoneration.
	Up to $5,000 for defense of covered claims in licensure board or credential hearings resulting from employment activities.

If an insured member is assaulted while engaged in his or her normal professional duties, this plan could provide:

	Up to $250 for damages to the member’s personal property (other than vehicles) when the damage is the result of an assault to the member and if the member has no other insurance.
	And a $10,000 assault death benefit —regardless of other insurance — in the event the member dies within ninety days.

By combining the POLICY with the TRUST, members receive comprehensive protection.

All individual KASEIAFT members in good standing of participating KASE/AFT Locals (whose names are on file at AFT National Headquarters) are covered under the KASE/AFT Occupational Liability Plan for their employment activities. This Plan covers all members other than medical doctors, nurse anesthetists, nurse practitioners, nurse midwives and physician assistants.

To obtain the KASE/AFT Occupational Liability Plan, the member pays dues to KASE. In turn, KASE sends the member’s premium, name and address to the AFT National Office. Coverage is automatic.

If an insured member is threatened with an Occupational Liability suit through an attorney’s letter, lien notice, summons or is otherwise involved in such a case, the member should notify his or her Local Union at once, forwarding all documents. Any delay may prove serious. The Local should then send a written verification of the individual’s membership at the time of the occurrence, along with all documents, to the KASE/AFT Insurance.

Questions and Answers about the KASE/AFT Occupational Liability Plan

Q. What is the KASE/AFT Occupational Liability Plan?

A. The KASE/AFT Occupational Liability Plan is now comprised of two separate parts:

Part 1: A $1,000,000 Occupational Liability Policy

which provides up to $1,000,000 per member for bodily injury, property damage and personal injury coverage. The POLICY provides coverage for most of the claims activity involving employment activities. A $3,000,000 aggregate applies per claim.

Part 2: The KASE/AFT has established a special Legal Action Trust to provide reimbursement protection for other exposures. The TRUST has a $1,000,000 per occurrence limit and an annual aggregate limit of $1,000,000.

Questions about the policy...

Q. What if there is protection under state immunity laws?

A. The KASE/AFT Plan will provide coverage in excess of any state immunity protection. Many states provide immunity for public employees; however, there are many circumstances which are not protected by immunity, especially questions regarding the scope of employment activities. The KASE/AFT Plan would then provide primary coverage for covered claims.

Q. Are all public employees protected?

A. All public employees, except medical doctors, nurse anesthetists, nurse practitioners, nurse midwives and physician assistants are covered under the Plan.

Q. Is the use of state vehicles or personal automobiles covered?

A. No. Operation, use or maintenance of aircraft, watercraft or vehicles is excluded. Vehicles can be defined as those vehicles licensed for highway use. The exclusion does not apply, however, to the use or operation of standard mobile equipment, such as forklifts, lawn mowers, backhoes, etc.

Questions about the trust...

Q. Am I covered if I’m named in a “Professional” liability claim?

A. Yes. The insured member is protected under the Legal Action Trust for any inadvertent act or omission.

Q. Are criminal cases covered?

A. The KASE/AFT Occupational Liability Insurance Policy does not cover criminal liability. However, the KASE/AFT Legal Action Trust reimburses defense costs for covered claims in two ways:

1. Up to $35,000 of reimbursement for covered claims arising out of employment activities where the member is completely exonerated.

2. Up to $5,000 of reimbursement where the member is unable to gain complete exoneration of charges.

Q. What if an insured member is assaulted on the job?

A. If an insured member is assaulted, the KASE/AFT Legal Action Trust will provide up to $250 for damages to the member’s personal property (other than vehicles). This applies only if the member has no other insurance. There is also a $10,000 assault death benefit through the Trust if the member dies within 90 days after the assault.

Questions pertaining to both ...

Q. What if a final judgment is entered against an insured member?

A. The policy will pay the judgment up to $1,000,000 per member and up to $3,000,000 aggregate for each claim. . . for claims that are covered under the Trust, individual judgments will be paid up to $1,000,000 with an annual aggregate Trust limit of $1,000,000. All costs for legal defense are included in the payment.

Q. Does this Plan provide legal expenses for defense before licensing or credentialling boards?

A. Yes, provided the hearing arises out of covered circumstances within the member’s scope of employment.

Q. What are the exclusions or limitations to the Plan?

A. The Plan does not provide protection for punitive damages in excess of $5,000 (provided by the Legal Action Trust). The Plan does not provide protection for personal business pursuits, automobiles, boats, aircraft exposures and other standard exclusions related to occupational liability.

All benefits (except death benefits) apply when the KASE/AFT member has no other insurance available to him. If other insurance is available (through a School Board, Worker’s Compensation, state statute, etc.), then the KASEIAFT Plan provides excess benefits beyond the amount covered by other insurance.

For More Information

CALL KASE/AFT at 1-800-248-5273