Daycare.com Forum
Daycare Insurance>Would You Put This In Your Policies???
Mary Poppins 02:47 PM 01-29-2012
I found an in-home dc site and in her policies she put:
Insurance
My home is currently insured under a standard homeowner’s policy. At this time, I do not carry Daycare Liability insurance. Any expenses for injuries/sickness/accidents/etc. occurring in the daycare home are the sole responsibility of the parent.
Would you bother to add this? Would it even stand up in court?? It's the first time I've seen this and was wondering if it was standard to do?
Insurance
My home is currently insured under a standard homeowner’s policy. At this time, I do not carry Daycare Liability insurance. Any expenses for injuries/sickness/accidents/etc. occurring in the daycare home are the sole responsibility of the parent.
Would you bother to add this? Would it even stand up in court?? It's the first time I've seen this and was wondering if it was standard to do?
Michael 02:52 PM 01-29-2012
Knowing how hard it is to get "family" daycare insurance, I think its prudent in protecting yourself and personal assets. Sounds like she got some sound legal advice. I don't think its standard but I have a feeling we are going to be seeing a lot more of this until the bigger insurance companies start protecting family home businesses.
Blackcat31 02:59 PM 01-29-2012
Where I live, daycare liability insurance is NOT required. If you choose not to carry a liability policy, according to our licensing regulations, we must inform our parents of this choice.
We are then required to have each parent sign a statement acknowledging this information.
So, yes absolutely would I put that in my contract if I didn't carry liability insurance.
I don't understand what you mean though when you say would it stand up in court? If it is the law to inform parents that you don't carry liability insurance there is nothing to go to court over.
I carry a liability policy but not a "normal" homeowners policy (as I do not reside in my child care home). I am required to inform parents that I don't carry a "normal" home owners but do have liability insurance.
My parents all sign off on this info and are fully aware of who my insurance covers and under what circumstances.
Remember, just because something seems odd to you or the way your state does something, doesn't necessarily mean it is odd to others. The rules, laws and regulations vary so much from state to state that it is hard to keep track.
I find it odd that California does not allow infant exersaucers and I also find it odd that Catherder must put ALL children in the same room while napping and that some states require daycare providers to live in their daycares.....I could go on but you get the point.
We are then required to have each parent sign a statement acknowledging this information.
So, yes absolutely would I put that in my contract if I didn't carry liability insurance.
I don't understand what you mean though when you say would it stand up in court? If it is the law to inform parents that you don't carry liability insurance there is nothing to go to court over.
I carry a liability policy but not a "normal" homeowners policy (as I do not reside in my child care home). I am required to inform parents that I don't carry a "normal" home owners but do have liability insurance.
My parents all sign off on this info and are fully aware of who my insurance covers and under what circumstances.
Remember, just because something seems odd to you or the way your state does something, doesn't necessarily mean it is odd to others. The rules, laws and regulations vary so much from state to state that it is hard to keep track.
I find it odd that California does not allow infant exersaucers and I also find it odd that Catherder must put ALL children in the same room while napping and that some states require daycare providers to live in their daycares.....I could go on but you get the point.
Mary Poppins 03:09 PM 01-29-2012
Originally Posted by Blackcat31:
I don't understand what you mean though when you say would it stand up in court? If it is the law to inform parents that you don't carry liability insurance there is nothing to go to court over.
I mean if there is an injury or accident in your home dc wouldn't you be held liable regardless if you have insurance or not? I think a good lawyer may be able to argue this and win in favor of the parents? I don't understand what you mean though when you say would it stand up in court? If it is the law to inform parents that you don't carry liability insurance there is nothing to go to court over.
Blackcat31 03:15 PM 01-29-2012
Originally Posted by Mary Poppins:
I mean if there is an injury or accident in your home dc wouldn't you be held liable regardless if you don't have insurance or not? I think a good lawyer may be able to argue this and win in favor of the parents?
A good lawyer would also be able to fight for the provider and say the parent KNEW going in that there was no liability policy too.... I mean if there is an injury or accident in your home dc wouldn't you be held liable regardless if you don't have insurance or not? I think a good lawyer may be able to argue this and win in favor of the parents?
I think that informing the parents and having them sign off acknowledging the fact that there is no liability insurance releases the provider of any liability, which I assume is the point of having them sign off on it.
I don't know for sure as I have never been in that situation and I do carry a liability policy. I did take contract law in my early college days and did learn alot about contracts and such and according to what I have learned, if you have a good enough lawyer, there is a way out of everything nowdays.
Oh, and I did stay at a Holiday Inn Express the other night....
Mary Poppins 03:23 PM 01-29-2012
Originally Posted by Blackcat31:
Oh, and I did stay at a Holiday Inn Express the other night....
Oh, and I did stay at a Holiday Inn Express the other night....
My dd wants to be a lawyer and I keep telling her HURRY UPPPP!!
I read somewhere not to discuss insurance AT ALL with dc clients so this sorta threw me off I think. But the context of what I was reading was more so that you didn't let them know you have insurance because some people are sue happy and when they know then they may be more likely to sue.
Blackcat31 03:27 PM 01-29-2012
Originally Posted by Mary Poppins:
My dd wants to be a lawyer and I keep telling her HURRY UPPPP!!
I read somewhere not to discuss insurance AT ALL with dc clients so this sorta threw me off I think. But the context of what I was reading was more so that you didn't let them know you have insurance because some people are sue happy and when they know then they may be more likely to sue.
Law is my true love (went to college for two years with that major). My dd wants to be a lawyer and I keep telling her HURRY UPPPP!!
I read somewhere not to discuss insurance AT ALL with dc clients so this sorta threw me off I think. But the context of what I was reading was more so that you didn't let them know you have insurance because some people are sue happy and when they know then they may be more likely to sue.
Daycare is my accidental profession.
I am required by law to disclose my insurance coverage (or lack of, if I didn't carry any) to parents. I carry it because I don't want to be involved in any sue-happy situations.
I have had a few situations where a parent wanted me to turn something into insurance and I refused so I think we have some leeway there too.
bice99 08:57 PM 01-29-2012
I carry a 2 million $ policy and it's $500 per years. Specifically for childcare. And I could pay less, but I pay a certain amount per kid and want to make sure it covers me up to my limit, although I choose to keep a smaller group most of the time. And it's not required in my state. Even if parents sign off that they won't sue, their insurance sure will if something happens. I'd rather be covered.
Meeko 01:16 PM 01-30-2012
All my clients must sign a liability release form.
A few have been reluctant at first, thinking it means that I don't have to be responsible for their child at all! But that's not the case. If I were obviously negligent, my form would mean little.
It DOES stop the frivolous lawsuit types, who would sue because Princess fell over her own feet and skinned her knee in the yard.
A few have been reluctant at first, thinking it means that I don't have to be responsible for their child at all! But that's not the case. If I were obviously negligent, my form would mean little.
It DOES stop the frivolous lawsuit types, who would sue because Princess fell over her own feet and skinned her knee in the yard.
Countrygal 02:18 PM 01-30-2012
I haven't read all of the posts completely, so I hope this adds to the discussion instead of just repeating what's been said somewhere else..... 
I am not a lawyer, but have had some experience with insurance for various businesses (both as a manager and as an owner).
In WI we are required to have insurance to be certified or licensed.
That said, we are to carry liability insurance, not medical. I can't imagine anyone being able to afford medical insurance for a group of daycare children!
My liability covers things that I could have prevented, I believe. For example, when we had horses, even tho they were penned, we had to carry liability in case some child came onto our property and went into their pen and got hurt.
I am thinking that the liability for the dc is similar. If someone slips on my steps, for instance, or twists their ankle and breaks it walking around the yard - that type of thing. BUT I think they have to prove negligence or neglect to win the law suit. IOW - were my steps shovelled and salted? Were there huge holes in my yard just waiting to trip someone? Were they somehow marked if it was in an area where I knew people roamed (such as the play yard)? If a child gets hurt, was I allowing them to do something dangerous or was it something that all the kids knew enough not to do (like jump off a roof). And where was I when it happened? Were the kids adequately supervised? I know this is how it works for other businesses (I have worked in management). You know those "wet floor" signs you see all over - those are out for liability purposes (were people adequately warned of a hazard).....
My dc insurance also costs about 250 - 300 a year.
I might be wrong, but I think this is how it works for dc as well. If anyone knows this isn't so, please tell me! A lawsuit is my worse nightmare.
I am not a lawyer, but have had some experience with insurance for various businesses (both as a manager and as an owner).
In WI we are required to have insurance to be certified or licensed.
That said, we are to carry liability insurance, not medical. I can't imagine anyone being able to afford medical insurance for a group of daycare children!
My liability covers things that I could have prevented, I believe. For example, when we had horses, even tho they were penned, we had to carry liability in case some child came onto our property and went into their pen and got hurt.
I am thinking that the liability for the dc is similar. If someone slips on my steps, for instance, or twists their ankle and breaks it walking around the yard - that type of thing. BUT I think they have to prove negligence or neglect to win the law suit. IOW - were my steps shovelled and salted? Were there huge holes in my yard just waiting to trip someone? Were they somehow marked if it was in an area where I knew people roamed (such as the play yard)? If a child gets hurt, was I allowing them to do something dangerous or was it something that all the kids knew enough not to do (like jump off a roof). And where was I when it happened? Were the kids adequately supervised? I know this is how it works for other businesses (I have worked in management). You know those "wet floor" signs you see all over - those are out for liability purposes (were people adequately warned of a hazard).....
My dc insurance also costs about 250 - 300 a year.
I might be wrong, but I think this is how it works for dc as well. If anyone knows this isn't so, please tell me! A lawsuit is my worse nightmare.