Risk Management & Tort Defense

A summary of foster care insurance coverage, exclusions, and policy information is provided below. This summary does not alter or amend coverage provided in statute or under the state property/casualty insurance program. Specific exclusions, limitations, or conditions may apply. Policy terms, exclusions, and conditions are only briefly outlined here. Should there be any contradiction with coverage the insurance policy will take precedence. Please contact the Department of Public Health & Human Services at (406)841-2400 if you have questions.

SUMMARY

1. Insurer: Princeton.
    
2. Managing General Agent: Foster Parents Professional.
    
3. Broker: N/A. 
    
4. Term of Coverage: 9/1 to 8/31 each fiscal year.
    
5. Coverage Territory: The United States, (including its territories and possessions), and Puerto Rico. For coverage outside these territories please contact the Risk Management and Tort Defense Division.
    
6. Insured(s): Foster parents, relatives of the foster parents, and persons under the age of 18 in the care and custody of the foster parent.
    
7. Coverage Highlights:
   
   
   1. The policy provides protection in the event a foster child in your care is injured and you are sued by the child's natural parents or guardian.
   2. The policy protects you from claims for bodily injury or property damage to the person or property of another because of an act of your Foster Child.
   3. The policy provides personal injury liability coverage for such things as libel, slander and alienation of the affection of your foster child from his/her parent.
   4. The policy provides incidental malpractice liability coverage for your failure to provide needed medical care, therapy, diet or other special needs of your Foster Child.
   5. The policy protects you from damage done by a foster child to your own property.
    
8. Coverage Exclusions:
   
   
   1. Bodily injury or property damage caused by the operation of any land motor vehicle.
   2. Bodily injury or property damage resulting from the transmission of communicable diseases.
   3. Physical and sexual abuse.
   4. Causing or contributing to the intoxication of any person.
   5. Bodily injury or property damage arising out of the actual, alleged, or threatened discharge, dispersal, seepage, migration, release or escape of pollutants.
   6. Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any foster parent. Use includes operation and "loading or unloading".
   7. Physical abuse, whether or not sexual in nature; or sexual abuse or molestation or licentious, immoral or sexual behavior intended to lead to, or culminating in any sexual act; by or to any person in the care, custody or control of any foster parent; or the failure of any foster parent or anyone else for whom a foster parent is legally responsible to prevent or suppress any such actual or threatened behavior.
   8. Personal injury arising out of oral or written publication of material, if done by or at the direction of a foster parent with knowledge of its falsity; Arising out of oral or written publication of material whose first publication took place before the retroactive date of the policy.
   9. Personal injury arising out of the willful violation of a penal statute or ordinance committed by or with the consent of a foster parent.
   10. Personal injury for which a foster parent has assumed liability in a contract or agreement other than a written agreement directly related to the care or custody of a foster child. This exclusion does not apply to liability for damages that a foster parent would have in the absence of the contract or agreement.
   11. Negligent employment, supervision, recruitment, or retention.
    
9. Other Policy Conditions:
   
   
   1. This policy contemplates coverage for foster children under the age of 18.
   2. As a foster parent under this program, report incidents that may become claims as soon as possible. Failure to do so may invalidate coverage. Remember, claims must be filed while you are a foster parent under the program or within a two year extension period.
    
10. Limits of Liability:

    $500,000 per occurrence bodily injury, personal injury, and property damage.
    $500,000 per occurrence property damage to property of others.
    $5,000 per occurrence property damage to foster parent's property.

11. Deductibles: $250.00 deductible per each claim for Foster Parents Own Property. No deductible for liability claims.
     
12. Loss Prevention: Foster care insurance is purchased with funds appropriated by the Montana Legislature. Foster parents are expected to supervise their children in such a way that claims are minimized, and in most cases prevented. Excessive claims may result in the cancellation of your insurance policy.  
     
13. Claims Reporting: Contact Montana DPHHS Child and Family Services at (406) 841-2400.