EIB – Liability Insurance And Pooled Risk Management

The School Board may procure liability insurance to protect against such risks of loss, cost, or damage to itself, its employees or its pupils, or other loss. Such insurance may include general liability coverage, automobile liability coverage, errors and omissions liability coverage, and other coverage as the Board may determine. Liability limits for all coverage will correspond to those limits established by applicable law.

The Board may also participate in a pooled risk management program. The pooled risk management program may be utilized for: the defense of claims and indemnification for losses arising out of the ownership, maintenance, and operation of real or personal property and the acts or omissions of school officials, school employees, or agents of the school district; the provision of loss prevention services including, but not limited to, inspections of property and the training of personnel; and the investigation, evaluation, and settlement of claims by and against the school district. Membership in a pooled risk management program will conform to the provisions set forth in RSA 5-B and related statutes.

The school district’s carrier and attorney shall review all contract forms to be entered into by the Board or its agents with the insurance agent or broker, to identify any contractual liability being assumed by the district, and attempt to reduce or transfer such liabilities. Each contractor will provide evidence of Worker’s Compensation coverage, and a Certificate of Insurance showing the liability policy endorsed to name the district as an additional insured.

Any accidents or occurrences, no matter how minor, that could indicate liability on the part of an employee or official of the district, shall be promptly reported to the administration and by them to the insurer.

Legal References:

RSA 5-B, Pooled Risk Management Programs
RSA 507-B:4, Limit of Liability
Marcotte v. Timberlane/Hampstead School Dist., 143 N.H. 331 (1999)

Category: R

Adopted: April 2, 1991
Amended: September 17, 2013