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  1. #1
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    Feb 2014
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    Default Can an Employee Demand to See the Employer's Insurance Policy

    My question involves insurance law for the state of: Texas

    An individual has been hired to run the horseback riding dept for a summer camp. This individual has requested to see a copy of the summer camps insurance policy to make sure that he/she doesn't operate outside policy limits or restrictions. The summer camp refuses to let the individual see the policy.

    My question is; Does the individual have a legal right to view the policy and does the summer camp have a legal duty to supply it?

  2. #2
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    Sep 2013
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    Default Re: Requested Copy of Insurance Coverage

    Quote Quoting Bnelson228
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    My question involves insurance law for the state of: Texas

    An individual has been hired to run the horseback riding dept for a summer camp. This individual has requested to see a copy of the summer camps insurance policy to make sure that he/she doesn't operate outside policy limits or restrictions. The summer camp refuses to let the individual see the policy.

    My question is; Does the individual have a legal right to view the policy and does the summer camp have a legal duty to supply it?
    I know of no reason an employee would feel he has a "right" to view a policy or an employer a duty to supply it. A good employer might train the employee correct policies and procedures to make sure the employee acts in a way to not give the employer unreasonable risk.

    If the employee insists, I would say that is insubordinate.

  3. #3
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    Jan 2006
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    38,867

    Default Re: Requested Copy of Insurance Coverage

    An individual has been hired to run the horseback riding dept for a summer camp.
    does he simply follow directives put in place by yourself or others in control of the company or is this individual allowed to make decisions and take discretionary action using their best judgment?

    It still is not generally a request you need to comply with but if the employee does have the power to take actions as I asked about, it would do well to discuss the limits of their powers and the limits of allowed activities. He may simply be looking out for the best interest of his employer. If he came from a background where he did have such powers, it would make sense he would seek to review the policy itself so as to create a plan of activities that would prevent any issues the insurance would not cover.

    but to the most basic question; no, you are not legally required to comply with his request

  4. #4
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    Default Re: Requested Copy of Insurance Coverage

    Are they an employee or independent contractor?

  5. #5
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    Mar 2013
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    18,340

    Default Re: Requested Copy of Insurance Coverage

    Quote Quoting Disagreeable
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    Are they an employee or independent contractor?
    Doesn't make any difference.

    The camp has no legal obligation to provide a copy of its insurance policy.

    The individual has the option of quitting if he doesn't like the response.

  6. #6
    Join Date
    Feb 2014
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    Default Re: Requested Copy of Insurance Coverage

    The employee is responsible for the safety of children on horseback and is wanting to look at the policy to make sure that they are operating within the policy limits and requirements. It's a major safety issue when they are being told to put 3 year old children on a 1000 pound animal. The employee simply wants to know that they are covered and the summer camp outright refuses.

    A huge red flag.

  7. #7
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    Jan 2006
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    Default Re: Requested Copy of Insurance Coverage

    Quote Quoting Bnelson228
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    The employee is responsible for the safety of children on horseback and is wanting to look at the policy to make sure that they are operating within the policy limits and requirements. It's a major safety issue when they are being told to put 3 year old children on a 1000 pound animal. The employee simply wants to know that they are covered and the summer camp outright refuses.

    A huge red flag.
    it is not the employees business whether the employers insurance adequately covers them or not.

  8. #8
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Requested Copy of Insurance Coverage

    On the other hand, is there some reason that the employer objects to sharing the details of the insurance coverage with someone who is going to be in a potentially liable position?

  9. #9
    Join Date
    Feb 2014
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    Default Re: Requested Copy of Insurance Coverage

    Quote Quoting jk
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    it is not the employees business whether the employers insurance adequately covers them or not.
    When the employee can be held legally liable for injury to the child, it is most certainly his/her business.

    If you were in charge of an operation that put you in a position of being held liable for any accident, injury, or death of any other human being, trust me when I say that you would be most interested in wether or not the entire operation was even insured to a minimum level.

    The summer camp in question out right refuses to supply the insurance policy so that the horseback director can see that what they're being ordered to do is covered.

    - - - Updated - - -

    Quote Quoting cbg
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    On the other hand, is there some reason that the employer objects to sharing the details of the insurance coverage with someone who is going to be in a potentially liable position?
    My "gut" tells me that they aren't insured fore horseback activities. The probably have a very broad general liability policy. Those types of policy will not cover horseback or other high risk activities.

  10. #10
    Join Date
    Sep 2013
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    833

    Default Re: Requested Copy of Insurance Coverage

    Quote Quoting cbg
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    On the other hand, is there some reason that the employer objects to sharing the details of the insurance coverage with someone who is going to be in a potentially liable position?
    This guy who is putting 3-year-olds on the backs of horses understands how to read an insurance policy and know what activities are covered? I read my own policies and do not really understand them and I am reasonably aware of legalese. The employee should act responsibly. If he does not, the policy may not cover him even though the employer is still responsible. (Absent true criminal activity where the employer had no reasonable way of predicting it.) If he acts responsibly, the employer is his master and responsible for damages caused. What is the difference between responsible and irresponsible? Reading the policy is not going to help here. Reading case law regarding suits with similar fact patterns to the behavior might be. If the employee wants to read the policy to see if he is potentially liable, better would be to read the case law.

    Now, if the employee is worried there is no policy at all, that is a different (and reasonable) concern because if he acts irresponsibly to a high degree, if the employer's funds do not cover the damage there may be some liability on the part of the tortfeasor. But, the answer is the same, the employer does not have to share his personal financial information with the employee to assuage his fears.

    Bnelson228 wrote:
    The employee is responsible for the safety of children on horseback and is wanting to look at the policy to make sure that they are operating within the policy limits and requirements. It's a major safety issue when they are being told to put 3 year old children on a 1000 pound animal. The employee simply wants to know that they are covered and the summer camp outright refuses.
    My response above was more to you than cbg it is just her's was closer to the bottom. We all must agree the "safety of the children" is unaffected by the policy. The employee is covered by his employer as master. You are acting as the employer's agent. As long as you act within the powers he gave you, he is your insurance policy. To protect yourself further, do not do negligent acts or things beyond your knowledge and ability. If you do not have the experience to know if it is appropriate to put 3-year-olds on the backs of horses, I suggest you do not do so. Because if that is wrong, you are at risk. (Some risk. I will not go through all the permutations of master/servant, insurance or no, if you were a fool/damn fool/goddam fool, or acted against statutory requirements.)

    - - - Updated - - -

    Quote Quoting Bnelson228
    View Post
    The summer camp in question out right refuses to supply the insurance policy so that the horseback director can see that what they're being ordered to do is covered.

    - - - Updated - - -



    My "gut" tells me that they aren't insured fore horseback activities. The probably have a very broad general liability policy. Those types of policy will not cover horseback or other high risk activities.
    What would such a "rider" say? What clause are you looking for exactly? Against "high risk activities" risk? Against putting 3-year-old on horseback risk? On riding horses at all?

    What does this policy need to say to assure you?

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