Would You Put This In Your Policies???

[Mary Poppins]

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?

[Michael]

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]

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. :confused:

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]

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. :confused:

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? :confused:

[Blackcat31]

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? :confused:

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 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]

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]

::::::

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).

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.

[Mary Poppins]

Law is my true love (went to college for two years with that major).

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.

Hmm... I already have on my policies that I am not liable for accidents or injuries occurring on my property when the parents are present - meaning I shouldn't be accountable from the driveway to the front door, basically. Now I am wondering if I should expand this since I don't have dc specific insurance (my state doesn't require it for any dc which is scary, really).

I'm just wondering if that statement would be a deal breaker for some clients. Aren't they sort of expecting me to be liable for accidents or injuries since it's my job to prevent them? As a mom, I'm honestly not sure I'd sign off on that...

[Blackcat31]

In two decades of providing care, not one parent was ever really concerned about insurance. 99.9% of them haven't even asked.

I do have a clause that says I will NEVER be responsible for anyone other than the custodial parent and the enrolled child. I will never be responsible for a sibling who is not enrolled but accompanies mom to get the enrolled child and I will never be responsible for Aunt Sally who comes to pick up a child either.

I had a 5 yr old break his arm last summer....family had their own medical insurance, my policy was not even brought up.

[MyAngels]

I have been told that parents cannot sign away their children's rights. In other words, no matter what the parent signs releasing you from liability, the child can still sue you and win (assuming you're found at fault).

I guess it wouldn't hurt to let them know you're not carrying extra liability insurance, but it's my opinion that the relatively low cost of the insurance is well worth the peace of mind it affords.

ETA: I'm am not an attorney, nor do I play one on TV .

[Mary Poppins]

I had a 5 yr old break his arm last summer....family had their own medical insurance, my policy was not even brought up.

Good to know! That makes me feel better.

I guess I'm getting the being financially liable for medical expenses related to injury or accident or illness muddled with the criminal liability. No matter what wording I put in my policies, if a child is gravely or fatally harmed due to my negligence, I will (and should!) be held criminally responsible. But I can protect myself against financial liability with one paragraph it seems!

Do you require the children in your care to carry medical insurance? I don't but I do have a thing on my contract that asks if they are covered and a space for them to fill in the details. Should I make it mandatory?

[Mary Poppins]

I have been told that parents cannot sign away their children's rights. In other words, no matter what the parent signs releasing you from liability, the child can still sue you and win (assuming you're found at fault).

I guess it wouldn't hurt to let them know you're not carrying extra liability insurance, but it's my opinion that the relatively low cost of the insurance is well worth the peace of mind it affords.

ETA: I'm am not an attorney, nor do I play one on TV .

I've had a hard time finding separate coverage in my state and I'm afraid my homeowner's will be dropped if I ask my current provider to add a rider to mine since I've read that has happened to several family dc owners.

[Blackcat31]

I have been told that parents cannot sign away their children's rights. In other words, no matter what the parent signs releasing you from liability, the child can still sue you and win (assuming you're found at fault).
When a parent signs that they are aware that there is no liabilty insurance, they are only acknowledging that fact, not signing away their child's right. I guess I am not understanding what rights a child has in regard to insurance coverage...

I guess it wouldn't hurt to let them know you're not carrying extra liability insurance, but it's my opinion that the relatively low cost of the insurance is well worth the peace of mind it affords.

ETA: I'm am not an attorney, nor do I play one on TV.

:::: to the attorney comment! (I also added comments in bold too)

Good to know! That makes me feel better.

I guess I'm getting the being financially liable for medical expenses related to injury or accident or illness muddled with the criminal liability. No matter what wording I put in my policies, if a child is gravely or fatally harmed due to my negligence, I will (and should!) be held criminally responsible. But I can protect myself against financial liability with one paragraph it seems!

Do you require the children in your care to carry medical insurance? I don't but I do have a thing on my contract that asks if they are covered and a space for them to fill in the details. Should I make it mandatory?

I don't require them to carry insurance at all but my state enrollment form asks for that information.

I am also lucky enough to live in a state where obtaining medical insurance is super simple and we have very few children who do not have medical coverage.

[Ariana]

I have a regular homeowner policy which states that if anyone is injured on my property I will be covered if they sue. There is no clause which excludes people such as running a business. There is seperate business insurance but it only pertains to employees. I'm in Canada so it might be a bit different.

Did you read your regular current liability insurance policy?

[Mrs. CC]

You could have copied that and pasted it out of my contract. It is the EXACT wording I use.

We aren't required to carry extra and while we are switching homeowners ins to a company which will carry a childcare rider, I still have that in the contract the parents sign.