|
|
| To enact section 5104.041 of the Revised Code to | 1 |
| require Type A and Type B family day-care homes to | 2 |
| generally procure and maintain liability insurance | 3 |
| or a bond and permit an owner of real property | 4 |
| where a family day-care home is located to be | 5 |
| listed as an additional insured party on a | 6 |
| liability insurance policy under certain | 7 |
| circumstances. | 8 |
| Section 1. That section 5104.041 of the Revised Code be | 9 |
| enacted to read as follows: | 10 |
| Sec. 5104.041. (A) All type A and type B family day-care | 11 |
| homes shall procure and maintain one of the following: | 12 |
| (1) Liability insurance issued by an insurer authorized to do | 13 |
| business in this state under Chapter 3905. of the Revised Code | 14 |
| insuring the type A or type B family day-care home against | 15 |
| liability arising out of, or in connection with, the operation of | 16 |
| the family day-care home. Liability insurance procured under this | 17 |
| division shall cover any cause for which the type A or type B | 18 |
| family day-care home would be liable, in the amount of at least | 19 |
| one hundred thousand dollars per occurrence and three hundred | 20 |
| thousand dollars in the aggregate. | 21 |
| (2) A bond in the aggregate amount of three hundred thousand | 22 |
| dollars; | 23 |
| (3) An affidavit signed by the parent, guardian, or custodian | 24 |
| of each child receiving child care from the type A or type B | 25 |
| family day-care home that states all of the following: | 26 |
| (a) The family day-care home does not carry liability | 27 |
| insurance or a bond required under divisions (A)(1) and (2) of | 28 |
| this section; | 29 |
| (b) If the applicant for licensure or certification of the | 30 |
| family day-care home is not the owner of the real property where | 31 |
| the family day-care home is located, the liability insurance, if | 32 |
| any, of the owner of the real property may not provide for | 33 |
| coverage of any liability arising out of, or in connection with, | 34 |
| the operation of the family day-care home. | 35 |
| (B) If the applicant for licensure or certification of a type | 36 |
| A or type B family day-care home is not the owner of the real | 37 |
| property where the family day-care home is located and the family | 38 |
| day-care home procures liability insurance or a bond under | 39 |
| division (A)(1) or (2) of this section, that applicant shall name | 40 |
| the owner of the real property as an additional insured party on | 41 |
| the liability insurance policy or bond if all of the following | 42 |
| apply: | 43 |
| (1) The owner of the real property requests the applicant, in | 44 |
| writing, to add the owner of the real property to the liability | 45 |
| insurance policy as an additional insured party. | 46 |
| (2) The addition of the owner of the real property does not | 47 |
| result in cancellation or nonrenewal of the insurance policy or | 48 |
| bond procured by the type A or type B family day-care home. | 49 |
| (3) The owner of the real property pays any additional | 50 |
| premium assessed for coverage of the owner of the real property. | 51 |
| (C) Proof of insurance, bond, or affidavit required under | 52 |
| division (A) of this section shall be maintained at the type A or | 53 |
| type B family day-care home and made available for review during | 54 |
| inspection or investigation as required under this chapter. | 55 |