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Sub. S. B. No. 210 As Reported by the Senate Insurance, Commerce and Labor CommitteeAs Reported by the Senate Insurance, Commerce and Labor Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Boccieri, Cafaro, Miller, D., Morano, Padgett, Schuler, Smith, Kearney, Stivers
A BILL
To enact section 5104.041 of the Revised Code to
require Type A and Type B family day-care homes to
generally procure and maintain liability insurance
and permit an owner of real property
where a
family day-care home is located to be
listed as
an additional insured party on a
liability
insurance policy under certain
circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5104.041 of the Revised Code be
enacted to read as follows:
Sec. 5104.041. (A) All type A and type B family day-care
homes shall procure and maintain one of the following:
(1) Liability insurance issued by an insurer authorized to do
business in this state under Chapter 3905. of the Revised Code
insuring the type A or type B family day-care home against
liability arising out of, or in connection with, the operation of
the family day-care home. Liability insurance procured under this
division shall cover any cause for which the type A or type B
family day-care home would be liable, in the amount of at least
one hundred thousand dollars per occurrence and three hundred
thousand dollars in the aggregate.
(2) An affidavit signed by the parent, guardian, or custodian
of each child receiving child care from the type A or type B
family day-care home that states all of the following:
(a) The family day-care home does not carry liability
insurance described in division (A)(1) of
this section;
(b) If the licensee of a type A family day-care home or the
provider of a type B
family day-care home is not the
owner of
the real property where
the family day-care home is
located, the
liability insurance, if
any, of the owner of the
real property
may not provide for
coverage of any liability
arising out of, or
in connection with,
the operation of the
family day-care home.
(B) If the licensee of a type A family day-care home or the
provider of a type
B family day-care home is not the
owner of
the real
property where the family day-care home is
located and
the family
day-care home procures liability insurance
described
in
division (A)(1) of this section, that licensee or provider
shall name
the owner of the real property as an additional
insured party on
the liability insurance policy if all of the
following
apply:
(1) The owner of the real property requests the licensee or
provider, in
writing, to add the owner of the real property to
the liability
insurance policy as an additional insured party.
(2) The addition of the owner of the real property does not
result in cancellation or nonrenewal of the insurance policy
procured by the type A or type B family day-care home.
(3) The owner of the real property pays any additional
premium assessed for coverage of the owner of the real property.
(C) Proof of insurance or affidavit required under
division
(A) of this section shall be maintained at the type A or
type B
family day-care home and made available for review during
inspection or investigation as required under this chapter.
(D) The director of job and family services shall adopt rules
for the enforcement of this section.
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