Insurance in Community Schools

Under the Deeds of Trust the State carries its own insurance against fire damage to the buildings of the school and against occupiers’ liability. Teaching and non-teaching staff are indemnified in respect of actions, claims or demands taken or made against them arising out of the discharge of their duties whether in respect of pupils or otherwise.

The state insures those who have permission to be on the school premises in respect of such risks as may be incurred by them while acting in a normal manner on such premises. cf. Articles of Management – Community Schools, paragraph 13.

13. Indemnity

(i) The State shall carry its own insurance against Fire Damage to the Buildings of the schools and against occupiers’ liability.

(ii) The State shall indemnify the Board and the teaching and non-teaching staff in respect of actions, claims or demands taken or made against them arising out of the discharge of their duties whether in respect of pupils or otherwise.

(iii) The State shall carry its own insurance in respect of visitors, parents and other members of the public who have permission from the Board or the Minister to be on the school premises in respect of such risks as may be incurred by them while acting in a normal manner on such premises.

(iv) The State shall indemnify the Board or the teaching and non-teaching staff against claims by visitors, parents or other members of the public who, without permission, shall be on the school premises where such claims shall be made in circumstances which do not disclose a default or wrongful act on the part of the Board or the members of the staff against whom such claims are made.

Insurance in Voluntary Secondary Schools

It is the responsibility of the management of each school to ensure that the school has adequate insurance cover. The school policy should indemnify the school management against risks such as fire and storm damage together with liability to employee, pupils and other persons.

Legal liability in respect of staff is covered under the employer liability policy. Liability in respect of pupils and other persons is covered under the public liability policy. The latter refers to pupils either on the school premises or while engaged in an authorised and supervised ‘away from school’ activity.

The policy should indemnify the management in relation to the possible liability of teachers arising from school related injury to third parties or damage to their property. This cover is specified in Indemnity One attached.

http://www.allianz.ie

The Allianz Ireland School Protection Policy is an amalgamation in one document of all the insurance covers which a school should prudently have.

The policy indemnifies the Patron, the Trustees and the Board of Management (or Governors) in relation to school related activities – defined in the policy as:

“any activity usual to a school and which is carried out with the full knowledge and authority of and under the control of the Board of Management/Governors or any other person specifically authorised by them”.

Liability of the School to Employees & Other Persons

This section of the Allianz Custodian School Protection Policy covers the legal liability of the Board of Management under two principal headings:

(a) Employers’ Liability 

and 

(b) Public Liability

Employers’ Liability

Employers liability insurance indemnifies the Board of Management in respect of its legal liability to its employees viz. teaching staff, secretaries, cleaners, caretakers etc.,  arising out of and in the course of their employment.  In other words, if an employee is deemed to have been injured as a result of the negligence of the Board of Management the company will undertake to pay legal costs and expenses and damages which may be awarded by a court.

An employer may become legally liable if an employee suffers injury as a result of the Board of Management’s (i.e. employer) failure to take reasonable care in the provision of a safe place of work, in failing to provide suitable and safe equipment, in failing to provide a safe system of work.

The employer may also incur a legal liability where one employee is injured as the result of the negligence of another employee.

Cover is provided to a limit of €13,000,000 any one accident (not any one person) including all related legal costs and expenses.

Public Liability

Public liability insurance indemnifies the Board of Management in respect of its legal liability for accidents to persons (other than its employees) or damage to their property.  Public liability insurance relates to accidents to pupils or other members of the public occurring:

(a) in or about the school premises and

(b) away from the school premises whilst engaged in a school related activity which is defined in the Policy as “any activity usual to a school and which is carried out with the full knowledge and authority of and under the control of the Board of Management/governors or any other person specifically authorised by them”.

Teachers

Cover for the liability of teachers is included in the Board of Management’s policy with Allianz Ireland.

Liability for passengers in a car in any capacity is a matter solely for the teacher’s motor insurance.  However, liability which attaches to the Board of Management in the event that the teacher’s insurance should prove defective, is covered by the Custodian School Protection Policy.

Teachers like any individual are free to arrange their motor insurance with whatever insurer they wish.  Teachers who use their own cars for school related activities should first check with their own insurance company to ensure that their policy provides adequate cover.

It is quite common for insurers to offer insurance with use of the vehicle on what is known as a Class 1 basis.  This provides cover for Social, Domestic and Pleasure usage of the vehicle.  To include carrying of pupils, school equipment etc.  in their own car, teachers are advised to have the extended Class 1 usage of the vehicle, which is Social, Domestic, and Pleasure and by the insured person for his/her business.

These additional words are important and will give the additional cover required only when the teacher/insured is driving.  There should be NO additional premium required by insurers.

The teacher’s motor insurance will cover any liability arising out of the use of the car.  If Comprehensive cover has been arranged then it will also cover damage to the teacher’s car.  But there will be an excess (or amount deducted from the amount of the claim payable by the teacher/insured) and the possible loss of No Claim Bonus/Discount.  This problem has been recognised and Allianz has extended the policy to include such financial loss suffered by a teacher in the event of involvement in an accident whilst using the car on behalf of the school.

The policy cover has also been extended to include damage to include damage to a teacher’s car in the event of an accident whilst using the car on behalf of the school for a limit of €19,500.

The Publication A Guide to Insurance, Safety and Security in the School can be viewed by visiting www.allianz.ieClick on Schools Website

Indemnity One Form

Indemnity One is an extension of the School’s Public Liability Policy and indemnifies teachers with regard to any liability arising from accidental injury or damage to third parties, person or property in so far as such injury or damage arises from occurrences happening within the scope of a Teacher’s employment.

Teachers are not covered in cases arising from assault, libel or slander. It is no longer necessary for each teacher to sign the Indemnity One form.

Indemnity One

We…………………………………………………………………………………………………

of…………………………………………………………………………………………………

(hereafter called the Employer, which expression shall, where the context so admits or requires, include his/her executors, administrators and assigns) hereby agree to

Indemnify…………………………………………………………………………………………

of ……………………………………………………………………………………………………

(hereafter called the Teacher, which expression shall, where the context so admits or requires, include his/her executors, administrators and assigns) against any liability (including contributions under Section 21 of the Civil Liability Act 1961) in respect of any accidental injury or damage to third parties person or property in so far as any such injury or damage arises from occurrences happening within the scope of the said Teachers employment with the said Employer and insofar as liability for such claims shall fall within the scope, terms, limits, exclusions and conditions of the Public Liability Insurance Policy of the said Employer and which Public Liability Insurance the said Employer hereby undertakes to effect and maintain in force and when suitably endorsed to cover the indemnity herein granted shall make the said policy available to the Teacher for inspection, if required. This indemnity shall not apply to cases arising from assault, libel, slander or the like.

The limit of the Employers liability in respect of the foregoing indemnity shall not exceed €12,697,381 in respect of or arising out of any one occurrence or in respect of or arising out of all occurrences of a series consequent on or attributable to one source or original cause.

The foregoing indemnity shall only apply in respect of accidents occurring after date of signature of this agreement and issue of extension of the Employers Public Liability Insurance policy incorporating cover in respect of said indemnity.

Signed (Employer) …………………………………………………………………………………

Dated:

Signed (Teacher)…………………………………………………………………………………

Dated:

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