The policy term is from January 1st to December 31st. Individual coverage is from date of purchase through December 31st of that same calendar year. The cost for TLA members is currently $31.00 for TLA members.

The TLA Policy Covers:

Coverage A
Broad Insuring Clause Liability
A True Professional Liability Policy:

• Errors and omissions insurance claims for damages arising out of a member’s duties as a librarian or library educator including all defense costs.

• The occurrence giving rise to such claims is simply defined as an event which results in damages to some other person.

Coverage B
Attorney Fees Reimbursement Clause
This coverage provides for reimbursement of attorney fees in a broad range of situations not insured under coverage A, such as:

• Criminal charges, allegations of sexual misconduct, actions involving dismissal, revocation of certification, and other professional rights and duties. As respects some of these situations, payment of attorney fees is contingent on the member’s case prevailing. In such cases, $500 (for consultation or otherwise) is reimbursed without regard to final outcome.

Coverage C
Provides for payment of premium on bail bonds.
 

The cost of the professional liability insurance program is the following:

Insurance Premium per Member $27.50
State Taxes and Fees (4.95%) $ 1.36
Association's Administrative Fees $ 2.14
TOTAL $31.00

Policy FAQ

What coverage is there for someone who feels unjustly terminated by an employer?
The policy covers attorney fees to $5,000, $500 without regard to final outcome of the case, the balance of $4,500 provided the termination or allegations at the hearing are resolved in favor of the member.

If a librarian serves on a peer review panel, is he/she covered by this policy?

Yes. Coverage A under this policy would provide coverage.

 

Is there coverage for an insured supervisor who is held liable for damages to others caused by the acts of a subordinate?

Yes.

 

Are librarians insured against criminal acts?

Coverage A includes civil liability for corporal punishment even if a criminal act is alleged. Attorney fees for other criminal allegations are covered under Coverage B with the limit of $5,000, win or lose.

 

Will the liability policy cover occurrences outside the normal scope of your work responsibility, such as school book fairs, author visits?

Yes, as long as they happen within the scope of the duties of a librarian or library educator as defined.

 

A claim is falsely and fraudulently made against a librarian for bodily injury to a student or library patron alleging negligence against the librarian. Is this covered?

Yes. It pays when an insured is judged liable; but it must defend even if the allegation be false, groundless or fraudulent. The duty of the insurance company to defend is far greater than the duty to pay.

 

A member of the public is injured while on school or library property and sues the school/library. Is this covered?

No. This policy does not cover the school or library system; however, it does cover an individual participating member as excess.

 

Are libel and slander covered?

There is no exclusion for libel and slander. The definition of occurrence and the insuring clause under Coverage A is sufficiently broad to include damages resulting from such allegations.

 

Will this policy cover legal fees for someone who refuses to divulge patron records when requested?

Yes. This would come under part B of the policy, “other professional rights.” A favorable outcome to the case is necessary for full recompense, but $300 for legal consultation is paid whatever the outcome.

 

Is the alleged sexual misconduct of a member with a patron or student covered?

Yes, under Coverage B.

 

Is the accusation of sexual harassment covered?

If the alleged sexual harassment has to do with discrimination (not sexual misconduct) then coverage A applies if a student or library patron is involved. Coverage B applies if a fellow employee is involved. However, if the harassment is determined and malicious and deemed intentional, there would be protection only under Coverage B.

 

Are reference librarians covered if a patron sues them for providing incorrect information?

Yes.

 

Are school or library board members covered?

A member is covered while engaged in duties as a librarian or teacher, but not as a member of a library or school board.

Are library school students or retirees eligible for the insurance?
Library school students and retired librarians are only eligible for the insurance if they are also paid library employees.

Are support, clerical, and paraprofessional staff eligible for the insurance?
Yes, individuals who are employed in support, clerical, and paraprofessional positions are eligible for the coverage

If you volunteer at a library (i.e., receive no compensation for the work you do) but have a Master of Library Science degree, are you covered?

The policy does not cover volunteers, only paid library employees who are members of TLA.

 

Are librarians in all kinds of libraries covered? Is a librarian working in a legal/medical library covered?

There is no exclusion as to the type of library in which a member is employed. However, the policy does not cover medical malpractice. The relative exclusion states in part, “to the rendering, teaching or supervising of medical, surgical, dental, nursing, or other similar services or the omission thereof.”

 

If I purchase insurance for one calendar year, am I covered if a suit is brought against me during that year for an incident which took place during the preceding year?

No. You are covered for occurrences that take place in the policy year.

 

If a library manager chooses not to select a candidate for a job with their library and is sued by the unsuccessful candidate, what coverage will apply?

There would be coverage under either A or B depending on the circumstances.

 

I have an MLS and am currently employed by a library vendor. Am I eligible for coverage?

No. The policy excludes activities carried on in private business or private professional endeavor.

 

If my employer has other coverage, how will this policy be of benefit to me?

This policy, by definition, is excess over other policies. The coverage, however, is very broad. It may cover where another does not and would pay after limits of such other policies are exhausted.

This brief description of the policy is to provide information only to members and in no way 
alters or modifies the policy on file with the Association.

TEXAS LIBRARY ASSOCIATION’S POLICY PAYS

COVERAGE A

Up to $1,000,000 per member per occurrence; $3,000,000 per occurrence, plus the cost of defense, investigation and legal fees.*

 

COVERAGE B

Up to $5,000 per member per claim. Coverage for criminal proceedings and/or sexual misconduct limited to $10,000 aggregate per member per policy year.

 

COVERAGE C

Up to $1,000 premium on bail bonds.

*NOTE: The duty of the insurer to defend extends even to groundless, false and frivolous suits or accusations.

SPECIAL FEATURES

Outside Activities
As long as the librarian or library educator is within the scope of his/her professional duties, the policy covers liability for injury to students and others while visits are conducted to industrial and commercial establishments, entertainment centers, outings, picnics and other similar functions, subject to specific automobile, watercraft, and aircraft exclusions. This policy broadly covers library activities such as peer review, reference services, and personnel actions.

Product Liability
There is no product liability exclusion. This policy would provide liability insurance for the furnishings of food in connection with trips, picnics, parties and similar events.

Corporal Punishment
The policy wording with respect to corporal punishment is vital to the librarian and library educator. Relevant sections of our policy make it clear that coverage applies under A ($1,000,000 limit plus defense costs) for civil liability even if a criminal act is alleged. The customary exclusion of damages resulting from the intentional acts has been carefully worded to clarify that the corporal punishment is covered even though intentional.

Coverage B - Reimbursement of Attorney Fees
Such reimbursement as is afforded the member for actions involving tenure, dismissal, revocation of certification and other professional rights and duties is guaranteed under the policy and is not contingent on the approval of a board or review committee, as might be the case where the only available assistance is from a defense fund.

Please call the TLA Office at 800/580-2852 or 512/328-1518, 
or e-mail tla@txla.org for more information.