Outside Counsel Panels

NJSIG maintains multiple panels of selected outside counsel to defend its members with respect to covered claims. Below are general descriptions of the types of claims handled by each of these selected panels. However, note that NJSIG makes claim type and panel selections based on a variety of factors, and the designation of the claim type and counsel selection are within NJSIG's sole and exclusive discretion.

• School Board Leader Liability / Errors & Omissions

  School Board Leader Liability / Errors and Omissions — includes, but is not limited to, defending NJSIG members in claims brought under 42 U.S.C. § 1983, Title VI of the Civil Rights Act of 1964, Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Age Discrimination in Employment Act, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the New Jersey Civil Rights Act, the New Jersey Law Against Discrimination, the New Jersey Conscientious Employee Protection Act, and the New Jersey Tort Claims Act. The factual basis for these claims include employment actions, discrimination, and civil rights violations.

• General, Complex General, School & Education, General Workers' Comp, Complex Workers' Comp

  General Litigation — includes, but is not limited to, defending NJSIG members in claims brought under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1, et seq., the New Jersey Civil Rights Act, N.J.S.A. 10:6-1, et seq., 42 U.S.C. § 1983, the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1, et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e), et seq., the Age Discrimination in Employment Act, 29 U.S.C. § 623(a). The factual basis for these claims range from premises liability, automotive liability, employment actions, discrimination and civil rights violations.

  School / Education Litigation — includes, but is not limited to, defending NJSIG members in claims brought under the Schools Ethics Act, N.J.S.A. 18A:12-21, et seq., the Individuals with Disabilities Education Act, 20 U.S.C. § 1400, et seq. and N.J.S.A. 18A:46-1, et seq.

  General Workers' Compensation Litigation — includes defending NJSIG members in claims brought under the New Jersey Workers' Compensation Act, N.J.S.A. 34:15-1, et seq.

  Complex Workers' Compensation Litigation (C-2023-0006) — As distinguished from a General Workers' Compensation matter, a matter may be designated as a Complex Workers' Compensation matter at NJSIG's sole discretion if the factual predicate for the claim is exceptionally complex, or if the claims involved are unusually complex. Such claims may include, but are not limited to, claims necessitating extraordinary expenses; claims involving fatalities or catastrophic injuries; claims involving allegations of sexual assault; and/or high profile claims involving media coverage. NJSIG estimates that less than five percent of matters will be classified as Complex Workers' Compensation Litigation matters. NJSIG may deem a matter complex without a prior request. Outside Counsel may also request that a matter be deemed complex, by sending a request, in writing, to the assigned NJSIG Claims Representative, identifying the complex nature of the facts and/or claims.

• Subrogation & Recovery, Insurance Coverage / School Board Insurance Group

  Subrogation and recovery litigation — includes, but is not limited to, pursuing workers' compensation, contractual, common-law and statutory subrogation actions on behalf of NJSIG and its member insureds. The underlying factual basis for these subrogation actions range from premises liability, automotive liability, employment actions, discrimination and civil rights violations.

  Insurance coverage counsel and litigation — includes, but is not limited to, advice, negotiations and litigation with any other party in matters arising from claims under any contract of insurance, reinsurance or excess insurance to which NJSIG is a party and for which a claim is being asserted against NJSIG, or NJSIG is asserting a claim.

• Medical Malpractice, Workers' Comp Subrogation, Crime & Fraud

  Medical Malpractice — Claims alleging that a school-employed medical professional (e.g., nurse, therapist) provided improper care that caused injury to a student or staff member.

  Workers' Comp Subrogation — Efforts to recover money that NJSIG paid on a workers' compensation claim when a third party (not the school) was responsible for the employee's injury.

  Crime & Fraud — Claims involving dishonest or criminal acts that cause financial loss to the school, such as theft, embezzlement, forgery, or fraudulent activity by employees or vendors.