Classifying Risk-Field Trips

CLASSIFYING RISK–FIELD TRIPS

(April 2019)

 

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INTRODUCTION

Many schools provide opportunities for their students to take part in field trips to supplement and enhance their total learning experience. These trips can present serious liability exposures to several different parties at different points throughout the adventure.

The following entities may face significant exposures due to school directed field trips:

THE SCHOOL

The school has the primary responsibility for injuries that occur during a trip. The school made all arrangements and advocated for the trip with the parents and students. Because it oversees the trip it has a responsibility to those who are taking the trip. The younger the child traveling, the greater the responsibility. There is no specific code for school field trips because such trips are part of the applicable school classification. All these classifications include a note that requires that CG 22 71–Colleges or Schools (Limited Form) be attached but none of the classes limit school-related activities to a specific location.

CG 22 71–Colleges or Schools (Limited Form) has four parts. However, the one that applies most to field trips is the revision of the aircraft, auto, or watercraft exclusion as it relates to transporting students. It states that there is no coverage for injury to the students under the school's liability coverage in cases where they are transported in a for-hire mode of transportation. When a group of children board a bus-for-hire to head out for their senior class trip to Washington, D.C., this change means that the school's liability coverage ends when the students step on the bus. The school’s liability resumes when the students step off the bus.

Chaperone exposures are an important part of any school trip. Chaperones act on the school’s behalf and their actions can expose the school to liability actions. Abuse and molestation training should be provided, and procedures should be in place to protect each child. The school covers chaperones as insureds because they are volunteers. The Insurance Services Office (ISO) Commercial General Liability Coverage Form includes volunteers as insureds similar to the way it includes employees as insureds. The school must scrutinize and carefully select chaperones and supervisors because the coverage provided to them is still subject to certain exclusions, especially the ones that relate to abuse and molestation. Another issue to consider is whether chaperones are truly volunteers. If a chaperone receives any compensation or remuneration, it must be determined if doing so affects his or her volunteer status as an insured.

THE TRAVEL AGENCY

Schools count on travel agencies when planning for most out-of-area field trips. The classification for these agencies is Class Code 49333: Travel Agency Tours. The rates for this classification are per 1,000-passenger-days and apply to the travel agency that organizes and arranges lodging, travel, and other accommodations for group tours, including school field trips.

THE BUS COMPANY

The bus company is responsible for loading, transporting, and unloading the students, their luggage, and belongings throughout the trip. The bus company’s automobile coverage covers this exposure. For the purpose of a school field trip, this means the bus company does not necessarily need commercial general liability coverage because the commercial auto coverage form covers each of these operations.

However, there may be situations where the bus driver interacts with students that are not directly related to the covered vehicle. Any liability arising from these situations would not be covered without commercial liability coverage. Class Code 41210: Bus Stations or Terminals is the general liability classification to use to develop premium for the non-vehicle related exposures. It is an unusual class because it is rated based on the number of stations or terminals.

RESTAURANTS

Some restaurants intentionally cater to groups on field trips while others are magnets for these groups because of their facilities and accommodations. Any restaurant that caters to groups of children not accompanied by their parents must be aware of the safety concerns that accompany such student groups, as well as the disorder they can create. Security measures and cleanup arrangements must be developed and established to address issues such as missing children and the inevitable food spill. Parking lots should be well lit and large enough to accommodate buses. Many restaurant classifications may apply and can be used but the two most frequently used are Class Code 16901: Restaurants–With No Sale of Alcoholic Beverages–Without Table Service With Seating and Class Code 16900: Restaurants–With No Sale of Alcoholic Beverages–With Table Service.

HOTELS AND MOTELS

Hotels and motels that work with travel agencies that arrange school field trips and tours must be aware of their additional responsibility with respect to children traveling without parental supervision. One important aspect is the need for swimming pools to have lifeguards on duty during all operating hours. The pools should be closed at all other times and access denied to groups of curious young people. Rules established with the school in advance should set the number of children permitted in a room and the maximum number of children each adult chaperone supervises. These numbers may change, depending on the age of the children, but rules and guidelines are necessary unless the hotel wants to take on the role of chaperone in addition to its usual operations. Class Codes 45190, 45191, 45192, and 45193: Hotels and Motels are the appropriate classifications to consider. Class Codes 45190 and 45191 are used when a swimming pool is one premise. Class Codes 45192 and 45193 are used when there are no pools.

THE DESTINATION OR ACTIVITY

A location that establishes and advertises itself as a destination for groups on field trips must be ready and able to accommodate large numbers of children. Preparation and safety arrangements are even more important if it also offers or advertises educational opportunities. The activities offered should be age appropriate and adequately supervised. The class code depends on the specific operations.