Third-party liability insurance held by public school districts, including educators professional liability insurance and general commercial liability insurance, occupies a unique economic and political role. Nevertheless, the application of traditional insurance doctrine to school districts has received little attention, either from advocates for changes to the law of liability insurance or from those analyzing trends in tort liability in the public education context. This Comment will propose a reformation remedy that acknowledges the public interest in ensuring compensation for injuries sustained by children as a result of misconduct in the course of education. A reformation remedy would clarify the body of law that has grown around school district misrepresentations by allowing courts to avoid the strained application of alternative legal theories. It would allow insurers to recover their actual losses while also providing coverage for the vulnerable plaintiffs of educational misconduct. Finally, it would ensure a more efficient liability insurance market for school districts by improving the accuracy of pricing for individual school districts and cost spreading across districts with wide disparities in resources.
A Reformation Remedy for Educators Professional Liability Insurance Policies,
Emory L. J.
Available at: https://scholarlycommons.law.emory.edu/elj/vol65/iss5/4