AGENT MATERIAL

Hanover Education Advantage

School and Educators Legal Liability Coverage Guide

HANOVER EDUCATION ADVANTAGE

Smart coverage: Legal liability for schools and educators.Can your institution afford to be without the best protection? Check out how Hanover’s Education

Advantage Insurance coverage stacks up.

School and Educators Legal Liability CoveragePRODUCT FEATURES THE

HANOVERNOTES

This coverage part is designed to provide the most comprehensive coverage and flexibility for Educational Institutions with two coverage parts.

• Coverage A — Educators Liability

• Coverage B — Directors and Officers Liability

Coverage A — Educators Liability

Protects educational institutions and their employees, substitute teachers, volunteer workers, student teachers and student interns against actual or alleged wrongful acts committed while acting within the scope of his or her duties that are inherent to the operation and functioning of an educational institution.

3

Coverage B — Directors and Officers Liability

Protects against actual or alleged wrongful acts by individual Insureds and the organization, including error, omission, misstatement, misleading statement, neglect, or breach of duty by an insured while acting in the scope of their duties.

3

Defense Coverage Outside the Limits of Liability 3

No warranty provision applies 3

Duty to Defend and Pay on behalf of 3

Keeping employees and clients safe is your primary mission. It’s ours, too.Designed by industry experts, The Hanover Risk Solutions E-Learning

Series provides 24/7 online access to a library of short, informative

courses created to provide your staff and volunteers with critical training

without stressing your time or budget. Ask your representative for more

information on Hanover’s E-Learning Series.

WHO’S COVERED? THE HANOVER

NOTES

Named insured educational institution 3

Any past, present or future executive, employee, intern and volunteer 3

Executives, trustees, directors and officers as well as their estates, heirs, legal repre-sentative spouses and domestic partners, in-house counsel and committee members 3

Employees, faculty, student teachers, substitute teachers and teaching assistants employed by you and your volunteer workers. 3

Your students while serving in a supervised internship programs 3

Authorized parent-teacher organizations or associations 3

Newly Acquired or Formed Organizations — automatic coverage for 90 days 3

Additional Insured endorsements available:

• Designated Entities endorsement

• Other Insurance — Primary and Non-Contributory endorsement

3

WHAT’S COVERED? THE HANOVER

NOTES

No built in exclusions for:

• Antitrust

• Insured vs. Insured

• Patent, copyright Infringement

3

Deletion of Insurance Exclusion Endorsement 3

Outside Directorship Liability: service by an insured as a director, officer, trustee, regent, governor or equivalent executive for an outside organization at the request of the insured entity as part of their duties

3

Title IX Civil Rights claim by a past, current or accepted student, or applicant for admission seeking loss for discrimination resulting in a violation of Title IX of the Education Amendments of 1972 or similar federal or state laws*

3

Punitive Damages Optional Endorsement where insurable by law 3

Non-Monetary Relief Defense Coverage (defense costs for non-monetary or injunctive actions alleging an educators wrongful act)* 3

Professional Liability included for claims arising out of

• Accounting services performed for the insured entity by employed accountant

• Legal services performed for the insured entity by in-house counsel

3

Automatic Extended Reporting Period for 60 days with options of 12, 24 and 36 months 3

Professional Liability Coverage for Health Care Services activities, including:

• Education, teaching or supervision of students

• The educators wrongful act of an employed psychologist, psychometrist supervised by a school psychologist or a school counselor employed by the insured entity

• Student intern participating in any supervised practicum, field work experience or internship program

3

HANOVER EDUCATION ADVANTAGE

T YPE OF CL AIMS COVERED THE HANOVER

NOTES

Educational malpractice or failure to educate 3

Failure to provide due process 3

Improper or inappropriate academic discipline 3

Violation of Family Education Rights and Privacy Act (FERPA) or the Buckley Amendment 3

Violation of Title IX of the Civil Rights Act* 3

Violation of copyright, patent or trademark infringement 3

DEFENSE COVER AGE THE HANOVER

NOTES

Defense Coverage is Outside the Limits of Liability 3

Non-Monetary Relief Defense Coverage (defense costs for non-monetary or injunctive actions alleging an educators wrongful act) 3

Limited Consent to Settle Optional Endorsement (70/30 hammer clause) 3

Worldwide Defense Optional Endorsement (excludes U.S Government Prohibited and Sanctioned Countries) 3

Plaintiff’s attorney fees awarded pursuant to statutes (in covered loss) 3

Help reduce employee claims before they occur.To assist companies insured by the Hanover reduce the risk of employ-

ment claims by employees, The Hanover has developed a valuable risk

management program, at no cost to you. We have teamed up with

Jackson Lewis LLP, a national law firm employing roughly 600 labor

and employment lawyers. Their expertise in workplace law issues is

available to you by calling our exclusive hotline. You will also have

access to Jackson Lewis bulletins detailing important employment

law trends and developments.

Educational Institution Employment Practices Liability EndorsementEmployment Practices Liability Insurance (EPL) protects the insured against claims alleging a “wrongful employment act” against your employees, third parties and applicants for employment.

WHAT’S COVERED? THE HANOVER

NOTES

Wrongful dismissal, discharge or termination of employment, including constructive termination, dismissal or discharge 3

Breach of an implied contract or agreement relating to employment 3

Wrongful failure to employ or promote 3

Wrongful demotion, denial of tenure or practice privileges or deprivation of a career opportunity 3

Negligent supervision, training, evaluation, reassignment, hiring or retention 3

Negligent failure to adopt or enforce employment-related policies and procedures 3

Employment-related wrongful discipline 3

Employment discrimination or violation of any employment discrimination law* 3

Disparate treatment of or failure or refusal to hire a claimant because he or she is or claims to be a member of a class which is or is alleged to be legally-protected* 3

Employment-related invasion of privacy, false arrest or false imprisonment 3

Employment-related defamation, libel or slander, including statements in an “employee” reference 3

Employment-related wrongful infliction of emotional distress, mental anguish or humiliation 3

Employment-related misrepresentation 3

Sexual harassment or other workplace harassment 3

Retaliation against an employee arising out of employment by or services performed for the insured 3

Violation of any federal, state or local civil rights laws* 3

“Third Party Wrongful Act” means any actual or alleged:

• Discrimination against a Third Party based on race, color, religion, creed, genetic information, age, sex, disability, marital status, national origin, pregnancy, HIV status, sexual orientation or preference, Vietnam Era Veteran status or other protected military status or other

• Sexual harassment or Workplace harassment against a third party*

3

The limits provided in this endorsement are separate per occurrence and aggregate limits in addition to the limits provided in the School and Educators Legal Liability Coverage Part.

3

HANOVER EDUCATION ADVANTAGE

WHAT’S COVERED? THE HANOVER

NOTES

Defense Outside the Limits of Liability (optional Defense Inside Limits) 3

Punitive Damages Optional Endorsement where insurable by law 3

Wage and Hour Laws Exclusion with Defense Expense Sublimit Optional Endorsement 3

Automatic Extended Reporting Period for 60 days with options of 12, 24 and 36 months 3

T YPE OF CL AIMS COVERED (Subject to Applicable Limits)

THE HANOVER

NOTES

Violation of Americans with Disabilities Act (ADA)* 3

Violation of Age Discrimination in Employment Act (ADEA)* 3

Violation of Family Medical Leave Act (FMLA)* 3

Violation of Title VII of the Civil Rights Act* 3

Violation of Equal pay acts* 3

Violation of Whistleblower protection acts, retaliation* 3

Active Shooter TrainingAre your employees prepared for an armed intrusion? Our Risk Solutions

Partner program has allied with ALICE Training Institute (ATI*), a national

provider of online and instructor-led training, to help organizations prepare

their employees with proactive response information and options during

active shooter, mass shooting, and violent intruder events. Ask your

representative for Hanover’s Active Shooter Training Bulletin for

more information

Hanover Risk Solutions CapabilitiesHanover Risk Solutions meets the challenges of Hanover policyholders with a comprehensive array of tools to help reduce your business’s risks wherever they arise — whether it’s in your fleet or your facility, your systems or your staff. For more information on Hanover’s Risk Solutions Partners, visit our website at www.hanoverrisksolutions.com and view the benefits our partnerships offer you:

• Active Shooter Training

• Alarm System Testing and Maintenance

• Alcoholic Beverage Server and Sales Training

• Automatic Sprinkler Testing and Maintenance

• Background Checks

• Concussion Management

• Construction Hazard Training

• Disaster & Recovery Planning

• Driver Monitoring and Training

• Equipment Theft Prevention & Recovery

• Industry-Specific Training Resources

• Risk Management Information for Loss Control Professionals

Why The Hanover?

The Hanover is a leading Property and Casualty insurance company dedicated to achieving world-class

performance. Our commitment is to deliver the products, services, and technology of the best national

companies with the responsiveness, market focus, and local decision making of the best regional companies.

This powerful combination has been a proven success since our founding in 1852, and is backed by our

financial strength rating of “A” (Excellent) from A.M. Best.

* Coverage provided where insurable by law.

Note: this is guidance only on how form would be interpreted in certain hypothetical situations. Please review all relevant forms for the applicable terms, conditions, limitations and exclusions. As with any claim, applicable law and the allegations in the complaint and the actual facts developed in litigation will determine whether, and the extent to which, defense and indemnity coverage exists under the policy.

The recommendation(s), advice and contents of this material are provided for informational purposes only and do not purport to address every possible legal obligation, hazard, code vio-lation, loss potential or exception to good practice. The Hanover Insurance Company and its affiliates and subsidiaries (“The Hanover”) specifically disclaim any warranty or representation that acceptance of any recommendations or advice contained herein will make any premises, property or operation safe or in compliance with any law or regulation. Under no circum-stances should this material or your acceptance of any recommendations or advice contained herein be construed as establishing the existence or availability of any insurance coverage with The Hanover. By providing this information to you, The Hanover does not assume (and specifically disclaims) any duty, undertaking or responsibility to you. The decision to accept or implement any recommendation(s) or advice contained in this material must be made by you.

All products are underwritten by The Hanover Insurance Company or one of its insurance company subsidiaries or affiliates (“The Hanover”). Coverage may not be available in all jurisdictions and is subject to the company underwriting guidelines and the issued policy. This material is provided for informational purposes only and does not provide any coverage. For more information about The Hanover visit our website at www.hanover.com

©2017 The Hanover Insurance Group. All Rights Reserved.

The Hanover Insurance Company440 Lincoln Street, Worcester, MA 01653

h a n o v e r . c o m The Agency Place (TAP) — https://tap.hanover.com

114-10043 (3/17) LC 2017-092

HANOVER EDUCATION ADVANTAGE

Let’s explore your coverage options together.Your Hanover Agent can provide complete details.

Partner with your agent today to help make sure

you get the right coverage to adequately protect

all aspects of your Educational Institution.