Does My Childcare Provider Carry Liability Insurance?
Insurance coverage is a major point to discuss with any childcare provider, whether licensed or not.
Licensed child care centers are required by Ohio law to carry liability insurance.
Licensed type A and Type B homes (see prior post for definitions) must carry liability insurance for incidents that occur in connection with operation of the facility. The minimum insurance must provide coverage in the amount of $100,000 per occurrence and $300,000 in aggregate. This means the facility can have three $100,000 settlements paid on its behalf before the maximum (aggregate) is reached. Once the aggregate is reached, the policy is said to be exhausted, meaning there is no insurance coverage left.
Ohio law provides that in the alternative to maintaining liability insurance, the facility may obtain a sworn statement from the parent(s) to verify understanding that the provider does not carry insurance. If you have not signed a sworn statement such as this, the facility is required to maintain insurance.
However, just because insurance is required does not mean the provider is complying with the requirement.
What if my childcare provider is not licensed?
Unlicensed childcare providers are not required by law to carry insurance.
An unlicensed provider providing care in their home might tell you he or she has homeowner’s insurance. But unless there is a specific rider that is attached to the policy specifically providing coverage, homeowner’s insurance will not apply.
The Bottom Line
Even if you are told that a childcare provider carries insurance, you need to proactive. Ask your childcare provider to provide you with proof of insurance!
Don’t accept an oral representation. Demand to see the insurance documentation that shows that the child care services are covered by the policy.
Proof of insurance is something that the provider can easily obtain from their insurance company if they have the coverage.
Contact Rinehardt Law
If you believe your child has been neglected or abused by a childcare provider, or if your child was injured due to inadequate supervision or because of poorly maintained facilities, call us for a free consultation.