UE's ELL policy treats directors, trustees, and officers of educational institutions as a separate category of individual insureds, with unique rights and protections.
- Defense and indemnity (damages) for errors and omissions (wrongful acts). UE's policy defines “wrongful acts” to include actual and alleged wrongs. Wrongful acts include acts performed in the discharge of duties to the educational institution or its affiliates, or on their behalf.
- An order of payments provision so that, if policy limits are insufficient to cover a loss, trustee obligations are paid before those of the institution.
- Coverage for trustees' spouses, domestic partners, and estates (for the acts of the trustees).
- Severability: Statements or knowledge of other trustees or officers are not imputed to individual trustees in determining availability of coverage.
- Non-rescindable: Under UE's policy, coverage for trustees cannot be rescinded for any reason.
- Blanket coverage for serving on other 501(c)3 nonprofit boards on the institution's behalf, in excess of any indemnity or coverage provided by the other organization.
- No policy securities or shareholder exclusions, often an important consideration for trustees. (The equivalent of side A coverage.)
- Discrimination and student-related issues, including coverage that is sometimes referred to as employment practices liability (EPLI).
- Coverage after leaving the board if the claim is made during the policy period and the institution is still insured by UE.
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