- (a) Nothing in this part should be interpreted to waive any governmental or statutory immunity available under Arkansas law.
(b)
- (1) Any covered person or entity shall cooperate fully in the defense provided by the School Worker Defense Program.
- (2) However, a covered person or entity shall not voluntarily make any payment, assume any obligation, incur any expense, or enter into any settlement agreement without prior written approval from the Program Administrator.
- (3) A violation of this stipulation may void any or all benefits for protection or coverage under the program.
- (c) The protection or coverage provided by the program is primary to any group protection or insurance furnished by a teacher organization.
(d) The protection or coverage provided by the program is secondary or excess to any protection, insurance, or policy:
- (1) Purchased by a school district or association of school districts; or
- (2) Provided by any self-funded risk-sharing pool or insurance cooperative.
(e)
- (1) The program may settle or defend, as necessary, any suit or claim seeking compensatory damages.
- (2) However, any portion of any claim or suit not pertaining to compensatory damages may not be settled without the permission of the covered person or entity involved.
(f)
- (1) The attorney representing the covered individual or entity must file, on a quarterly basis, a short summary concerning the status of the lawsuit with the Program Administrator.
- (2) Failure to file a timely summary may result in withdrawal of coverage under the program.