QUESTION AND ANSWERS ABOUT Insurance

This section of questions and answers was developed with a representative of Primex, an insurance provider that only works with public schools. The particular carrier has determined that they will cover New Hampshire charter public schools. The answers are meant only to clarify information about public school liability insurance from this carrier's perspective.

Q1: As a new public charter school, what different insurance policies or coverage do we need--for reasons of law or risk management? What do other public schools carry?
 

A1: For risk management purposes, a new school should have the following coverage in place:

• Property (if any is owned)

• Educators Legal Liability

• General Liability

• Employee Benefits Liability

• Employee Related Practices Liability

• Crime (employee dishonesty)

• Treasurer's Bond

• Non-owned auto, or auto coverage if any owned autos

• Worker's Compensation (if a board exists, or once they hire employees)

• Unemployment Compensation

Q2: Our new charter school board was advised not to make any decisions until we had comprehensive liability insurance. We followed this advice. Still, I would like clarification about my personal liability as a board member.

A2: I can understand your concern about personal liability when serving as a board member.  The Primex3 coverage agreement addresses this by defining Who Is Covered as:

• Your employees, but only for acts within the scope of their employment by you;

• Your elected and appointed officials, members of your governing board, your boards, councils, or commissions and their members but only for acts within the scope of their duties and responsibilities for you; and

• Volunteers authorized and supervised by you but only for acts within the scope of their duties and responsibilities for you.

Q3: Are independent professionals covered under comprehensive liability insurance?

A3: Independent professionals are not covered under our agreement (Primex).  They should have their own insurance.  When our members ask us about this type of arrangement, we always recommend that they request evidence of the independent professional's insurance, and depending on the circumstances, require that the school be named as an additional insured.  
 

Q4: If someone is asked to do work for a charter school and is told to bill the school (being paid not as an employee...) and the person doesn't have independent insurance (and may not know it's needed)...is that person covered?

A4: No