Services - GL/EO Claim Procedure

ATBE GL / EO Liability Fund Notice of Claim Procedure

Claim means Litigation filed by one ore more plaintiffs and served against a Covered Party as a defendant.

Covered Party: (a) the Member; (b) the current and former members of said Member board when such persons are sued for acting within the course and scope of their official duties for the Member board; and (c) Adult, non-student Employees of said Member when such persons are sued (i) only in their official capacity or only for equitable, non-monetary relief, and (ii) for acting within the course and scope of their official duties for the Member. ATBE coverage for members of the Member board and Employees of the Member is subject to all terms, conditions, provisions, and agreements governing the Member’s participation in ATBE including, but not limited to, Agreement To Participate, GL/EO Liability Fund Notice of Claim Procedure, Defense Cost Payment Schedule, and all Limits, Deductibles, Definitions, Exclusions, and Conditions contained within this Coverage Agreement and any endorsements thereto. Covered Party does not mean nor include any individual not acting within the course and scope of their official duties for the Member at the time of the Incident giving rise to the Claim.

As a condition precedent to any coverage provided by the applicable ATBE Coverage Agreement or any endorsements thereto the Covered Party must give written notice, or assure written notice is provided by an authorized representative of the Covered Party, to the Fund or its designee for receipt by the Fund or its designee within 15 calendar days after service of any Claim on a Covered Party. ATBE coverage will not apply to a Claim not in compliance with the GL/EO Liability Fund Notice of Claim Procedure, including that ATBE coverage will not apply to a Claim that is received by the Fund or its designee more than 15 calendar days after service on a Covered Party.

To report a Claim a Covered Party or their authorized representative must provide via e-mail to lhs@hestersellers.com:

(1) a copy of the Complaint served on the Covered Party, and

(2) the date of service of the Complaint on the Covered Party

The Member nor Covered Party, nor representative or agent of the Member or Covered Party shall not admit any liability, offer to settle or settle any Claim, incur any cost, or retain any attorney, the cost of which the Member or Covered Party expects ATBE to pay.

Please do not report Incidents until Litigation is brought against a Covered Party and a Complaint has been served on the Covered Party.

Note: Review the definition of ATBE Covered Party and terms of coverage in the applicable ATBE GL/EO Liability Fund Coverage Agreement.

Note: All Covered Parties must comply with the provisions of the Coverage Agreement and herein, including assuring that all Claims are timely reported and received by ATBE at the contact information above.

Note: ATBE GL/EO Liability Fund coverage applies pursuant to the terms, definitions, conditions, provisions, and exclusions of the applicable ATBE GL/EO Liability Fund Coverage Agreement. ATBE GL/EO Liability Fund coverage does not apply to individuals, entities, or risk exposures not explicitly provided for within the contractual agreement between ATBE and the participating Member board of education.