allianz p.l.c. schools · dental work can be completed in the future. scenario 1 illustrates the...

ALLIANZ P.L.C.

SchoolsJournalwww.allianz.ie/schools Issue 01/2017

3 www.allianz.ie/schoolsWe have recently updated our schools website

8 Sinead Kane: From Dark to LightA phenomenal achievement by a remarkable person

14 School Playground EquipmentConsiderations which should be taken into account whenplanning to install such equipment

Allianz Schools Journal April 2017 (V15).qxp_Layout 1 08/06/2017 15:00

2

EditorialDear Friends,

Welcome to the summer edition of our Schools Journal

After 19 years of dedicated service, Anthony Shannon who was theprevious member of the Board of Management responsible for ourEducation customer relationships, has decided to leave Allianz. I takethis opportunity to thank Anthony for his commitment over the yearsand wish him the best in his new endeavours.

I am now responsible for our valuedSchools customer relationships and Iam looking forward to this challengeand opportunity. I have been withAllianz for the last 37 years working ina variety of positions in the fields ofbusiness development, relationshipmanagement and sales. My currentposition is Chief Customer Officer atBoard of Management level withinAllianz Ireland. Originally fromGalway, I live in Dublin and ammarried with three children. I am anenthusiastic if somewhat challengedcyclist and golfer in my spare time.

We have had a long relationship with the education sector in Irelandand have been closely involved in solving the insurance needs of thissector since 1902. We are very proud of this relationship and want toensure it continues to grow. The education and insuranceenvironments have changed significantly since we first becameinvolved all those years ago. However one factor has remainedunchanged and that is our commitment to providing comprehensiveinsurance solutions to meet the ever-changing and evolving needs ofthe education market. We very much value your business andsupport and I assure you of our ongoing commitment to continue toprovide you with insurance solutions and service that fully meet yourrequirements.

We value your feedback and if there is any additional information wecan provide in relation to any articles published in this issue of theSchools Journal or indeed, if you have any issues you wish to raise,please let us know.

Our email address is [email protected]. Please quote your policynumber in the subject title of the email. You can also contact ourSchools Support Team at 01 613 3966, our Pupil Personal AccidentUnit at 01 613 3900, your local Allianz Representative or yourInsurance Intermediary. Calls may be recorded.

Thank you for your continued support which we greatly appreciate.

Peter Kilcullen

Chief Customer Officer and Member of the Board of Management

Contents2 Editorial

Welcome to the summer 2017 edition of our Schools Journal.

3 www.allianz.ie/schoolsWe have recently updated our schools website.

4 Allianz Pupil Personal Accident InsuranceDetails of our 2017 Pupil Personal Accident insurance package are outlined.

5 Ride-on LawnmowersWhy the need for separate insurance?

6 Legal ReviewDetails of some recently settled school accident claims.

8 Sinead Kane: From Dark to LightA phenomenal achievement by a remarkable person.

10 The Allianz Custodian School Protection PolicyWe conclude our series of articles to give you a better understanding of your Policy.

12 Security in Your SchoolSome issues that should be considered when carrying out a security review of your school.

13 Summer WorksThe importance of ensuring when engaging contractorsthat adequate insurance arrangements are in place.

14 School Playground EquipmentConsiderations which should be taken into account when planning to install such equipment.

Peter KilcullenChief Customer Officer

This publication is for general information andguidance purposes only and should not be regardedas a substitute for professional advice. Such adviceshould always be taken before acting on any of thematters discussed.

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Allianz Schools Journal 01/17

3

RESOURCES

www.allianz.ie/schools

Regular visitors to our website may havenoticed some recent enhancements to ourschools website. Following feedback receivedfrom schools, we have streamlined andupdated our website so that it will berelevant, current and of benefit to oureducation partners while retaining itssimplicity of use.

There are two main sections to our website:

Pupil Personal AccidentBy far the most visited section of our schoolswebsite, this area contains details on how tobuy our pupil personal accident policy, thecover which applies and how to make a claimon the policy. We have updated our‘Frequently Asked Questions’ section of thewebsite to reflect changing trends inquestions asked by both schools and parentswho contact us directly.

School InsuranceThe School Insurance section of the websitehas contact details to all the relevant supportsprovided to schools by Allianz (localrepresentatives, school support team andclaims team). We also have a list of‘Frequently Asked Questions’ which may beof use to schools. In addition, we have anextensive resources section on the websitewhich contains links to all of our previousSchools Journals, Legal Reviews, Guide toSafety and Security in the School, Frost &Weather tips and some useful sample letters.

From time to time a school principal maywish to speak directly to an individual. There

are ‘Contact Us’ options at the bottom ofevery page – both telephone, email and alonger web form which sends an e-maildirectly to our staff who will respond quicklyto all emails received.

Our aim is to present information in a clearand transparent manner to assist boards of

management, teachers and principals. Asalways, we would welcome any feedback orsuggestions you may have, which may assistus in providing additional features andcontent on our schools website which youfeel is relevant and current to your needs.

The Allianz schools website is specifically designed to be of assistance toprincipals and boards of management in providing one single, up-to-date andready to print source for all essential insurance, risk management, claims andrelated services information.


4

INSURANCE

Allianz Pupil PersonalAccident InsuranceAllianz have provided Insurance to schools inIreland for over 100 years. In the mid 1980’s,we developed the Pupil Personal AccidentInsurance policy to complement the schoolsexisting School Protection Insurance policy.There were two reasons for this:

1. To protect the school from potential legalliability claims (arising from trips and fallsand other such accidents which occurredduring school related activities) and,

2. To protect parents from unforeseenmedical and dental expenses following anaccident. This protection was extendedoutside of school activities with the optionof 24-hour cover.

The Allianz Pupil Personal Accident Insurancescheme has been very successful, with themajority of primary and secondary schoolsavailing of the cover. Up to and including2016, primary and secondary schools havepaid the same premium. From September2017 there will be different premiums forprimary and secondary schools as follows:

Primary School Premiums

Secondary School Premiums

*Schools may retain 20% premium reduction atparent’s discretion.

There has been a significant increase in thenumbers of claims reported on the schemeover the past three years which coupled with asteady rise in medical costs has necessitatedan increase in premium. The overall claimsexperience of secondary schools issignificantly worse than that of primaryschools, so we have applied the increase tosecondary schools.

Other Changes to the scheme for bothprimary and secondary schools

Online Savings

The online saving has reduced from 30% to 20%.

Capital Benefits

**99% of all claims are made under themedical & dental expenses benefits. Tomaintain these benefits at €50,000 each, wehave revised the following:

• Death Benefit has been amended from€30,000 to €10,000

• Permanent total loss of sight in one eye oruse of one limb has been amended from €100,000 to €50,000

• Permanent total loss of sight in two eyes oruse of two limbs has been amended from €150,000 to €100,000

We have made some amendments to thepolicy wording and a full list of all changes willbe included in our renewal pack and on ourschools website www.allianz.ie/schools

Option B: Optional Cover

24-hour Cover €9 per pupil (€7.20 online*)

School Only Cover €6 per pupil (€4.80 online*)

Option A: All Pupils on Register


School Only Cover €9 per pupil (€7.20 online*)

Option A: All Pupils on Register


School Only Cover €5 per pupil (€4 online*)

Option B: Optional Cover


School Only Cover €10 per pupil (€8 online*)



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INSURANCE

Allianz continues to provide excellentcover through the following benefits:

Follow on costs – Allianz continue tobe the only provider of Pupil PersonalAccident Insurance in Ireland whocontinue to pay medical & dentalexpenses for an unlimited time period(once the claim is notified within 730days of the accident). Other providersrestrict cover after a set period of time.

Highest core benefits (notrecoverable from another source) –Allianz continue to provide the highestcore benefits of €50,000 for both medical& dental expenses.

No Excess – This means thatparents/guardians can claim all insuredmedical & dental expenses notrecoverable from another source and notjust a portion of them.

Terms, conditions and standard acceptancecriteria apply. Information correct at 8th May 2017.**Based on 2015 Allianz claims figures.

How to arrange coverCover is arranged online atwww.allianz.ie/schools where a 20%premium saving is available.

We have outlined two scenarios below thatillustrate the need for a Pupil PersonalAccident Insurance Policy and why you shouldchoose Allianz.

Scenario 1 A child was playing in the yard at lunchtimewhen she tripped and broke her two frontteeth. Dental expenses came to €500 whichincluded a 1st stage root canal and both werecovered in full. The claim will remain open untildental work can be completed in the future.

Scenario 1 illustrates the potential for long-termdental care. Oftentimes the initial expenses withthis type of claim are relatively low but there willbe a need for future dental work running intothe thousands as the child develops. If there wasa time limit in operation, the parent / guardianwould be left to bear the bulk of these expenses.

Scenario 2A child was playing football during PE classwhen the ball struck him on the wrist bendingit back and causing a fracture. There was €275worth of medical expenses which was coveredin full.

Scenario 2 illustrates the typical day-to-dayaccidents which happen in schools. This type ofoccurrence can easily turn into legal actions, if the parent / guardian cannot recover theirincurred medical and / or dental expenses.

If you have any queries regarding our PupilPersonal Accident Policy or any of the abovechanges, please ring our Pupil PersonalAccident helpline at 01-6133900 or email [email protected]

Win a set of sports kits for your School. Wehave a set of sports kits for Primary andSecondary schools to be won. Simplyarrange your Allianz Pupil Personal AccidentPolicy online at www.allianz.ie/schoolsbefore the 31st October 2017 to be in with achance to win.

We also have a 32GB iPad to be won for aprimary and a secondary school. To be inwith a chance to win the iPad, arrange yourPupil Personal Accident Policy onlinebefore the 30th June 2017.

Competitions Terms & Conditions apply andcan be found at www.allianz.ie/schools

Ride-on LawnmowersMany schools have ride-on mowers for use in maintaining lawns, playingfields and large grassed areas. Until recently, ride-on mowers wereexempt from motor insurance cover if they were used exclusively onprivate grounds with no access by motor vehicles. However, following ajudgement in September 2014 of the Court of Justice of the EuropeanUnion (the CJEU) in the case Vnuk v Zavarovalnica Triglav, the legalrequirements for motor insurance have changed. This judgementestablishes that the area of use of the vehicle is now of no consequence.Compulsory third party motor insurance has to cover any accidentcaused in the use of a vehicle that is ‘consistent with the normalfunction’ of that vehicle, irrespective of the vehicle being used in a publicor private place.

Ireland must comply with this ruling and so motor insurance should bein place for all motor vehicles used in what was formally deemed not tobe a public place. Examples are lawns, playing fields and large grassedareas that many schools use ride-on mowers to maintain.

The fact that these vehicles may not need to be taxed does not exemptthe owners from their obligations under the Road Traffic Act.

Allianz offer a specially tailored policy for schools incorporating cover forthird party, fire, theft and accidental damage risks at very competitiveterms. You can download a proposal form from our schools website atwww.allianz.ie/schools, contact our schools support team on 01 6133966, email us at [email protected] or contact your insuranceIntermediary. Calls may be recorded.

Pupils Personal Accident Competitions


6

LEGAL

Legal Review

Case 1 – Injury to pupil during hockeytraining after schoolThis first case involved a slip and fall duringhockey practice after school. The practicesession commenced at approximately 4 p.m.on the school hockey pitch which had a shalesurface. The perimeter of the pitch wassurrounded by a 10 metre grass strip andthere were no floodlights. The practicesession was supervised by two teachers.During the course of a practice match at theend of the session, the ball was struck by oneof the players and went out of play onto thegrass boundary. The rule was that the player

nearest the ball would retrieve it. The injuredparty in this case was nearest and ran overand picked up the ball. She turned and threwthe ball to a teammate and as she ran back tothe pitch, she slipped on the grass. Her footslid forward hitting her right foot against theconcrete perimeter rim and causing her tooverturn and land on the edge of the pitchseverely injuring her ankle. A claim wasbrought and proceedings issued in the HighCourt. The central issue in the case waswhether a prudent parent would haveconsidered it reasonable to use the hockeypitch in the conditions prevailing at the time.

Much had been made of the lack of light andevidence was given by both players andteachers present at the time. Both the injuredparty and the teacher agreed that they couldsee the ball. Engineers also confirmed that theteacher was able to see the injured party andthe people surrounding her from the ‘D’ onthe hockey pitch, which was measured by theengineers at a distance of 50 metres. TheJudge found that in simple terms, the playerswere able to play the game without difficulty;they could see the ball and could see oneanother. There was nothing unusual orhazardous about the area of grass which was

We continue our review of some school accidents which have been finalised inthe Courts over the last few months..



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LEGAL

well maintained. The grass was wet and itmay even have been muddy. To suggest (asthe injured party’s engineer had) that such afeature in Irish sport was a hazard requiringthe perimeter of the hockey pitch to be pavedwas nonsense. The Judge concluded that theinjury sustained was not a result of anynegligent act or omission on the part of theschool, or any deficiency in the facilitiesprovided by the school. The injured partyslipped while running on wet grass in amaintained area where she could see whereshe was going. She was familiar with the areafrom playing hockey there for all of hersecondary schooling. The Judge advised thatthis was an accident pure and simple andstrange as it may seem, accidents can happenwhere “somebody else” is not to blame. Sportis an important part of education in school,and not just in developing healthy minds andhealthy bodies. If schools were to be madelegally responsible for pupils slipping on wetor mucky grass in the course of outdoorgames, it would be impossible to include anyoutdoor sport on the curriculum. The casewas dismissed.

Case 2 – Pupil caught finger in closing doorThis next case involves a door closing on apupil’s finger while she held it open foranother pupil to come through. This was a firedoor and a claim was pursued in the CircuitCourt on behalf of the pupil. The case went toa full hearing. The injured pupil’s engineer’sonly criticism of the door was in relation tothe closing time of the mechanism. He feltthat the longer the closing time, the greaterthe opportunity for a child to remove herfinger from the place of danger. The doormechanism had been adjusted after theaccident but both the principal and classteacher gave evidence that this was notbecause the door was closing too quickly butrather because smaller children in juniorinfants were having difficulty pushing thedoor open. Our engineer gave evidence thatwhether the door closed in 3 or 7 secondsmade no difference as the danger pinch pointoccurred in the last second, a time describedas the “latch time”. The essence of a fire door

is that even if it is not pulled fully closed, themechanism will cause the door to close inthat last second to make the fire dooreffective. The school’s case was that this was afire door and there was no defect in it or inthe mechanism. The Circuit Court Judgefound in favour of the injured pupil andaccepted the infant pupil and her engineer’sevidence that the door closed too fast. TheJudge described the injured pupil as awonderful witness and made a significantaward in her favour. This case was appealedto the High Court where the school’s evidencein relation to the door was accepted and thecase was dismissed.

Case 3 – Pupil injured as a result of a ‘slipand trip’ fallThis next case involves a trip and fall in aschool yard. What is unusual about this case isthat the accident occurred in 1998 and theclaim was brought in 2013. The statute oflimitations in infant cases runs for two yearsafter they reach their age of majority. So, as inthis case, the child has until he/she reachesthe age of twenty before the statute oflimitations runs out. This case was brought 15years after the date of the accident and aroseout of an alleged trip and fall in the schoolyard. There was much confusion inidentifying the precise spot where the injuredparty fell and given the passage of time, thiscame as no surprise to anyone. At least twodifferent areas were pointed out by theinjured party. The case proceeded for hearingbefore the President of the Circuit Court. Theinjured party gave evidence that she hadtripped over a crack in the yard. She wasunsure as to which crack in the yard andsuggested that they were all tripping hazards.The injured party’s engineer gave evidencethat dark patches identified in the yard couldcause a child’s shoe to become caughtresulting in the injury. The school’s evidencewas the patches identified in the school yardwere not tripping hazards and that the yardwas constructed in 1925 and had not beenaltered in any way over the years. The Judgewas satisfied that the injured party’s case wasone of speculation and he was not convincedthat she had established on the balance of

probabilities that a defect in the yard causedthe fall and he dismissed the injured party’saction.

Case 4 – Pupil injured during PE sessionThis last case involves a game of “BritishBulldog” during a PE session in school. Noinjury was reported on the day and it was twodays later before the matter was brought tothe attention of the school. This game isbanned in a number of schools during playtime but this activity was during PE lessonsand fully supervised. The teacher was satisfiedthat the game fell within the category of“invasion games” which is included in thesyllabus for the junior cycle for physicaleducation, which introduces pupils to contactsports such as rugby and soccer. The injuredparty claimed that another pupil in the classpicked him up by the legs and dropped himon his back. The supervising teacher deniedthis could have happened during the classand that if a “spear tackle” had happened inany of his classes, he would have noticed ashe was in close proximity to the pupils at alltimes during the course of the session. Thepurpose of the game is to improve pupil’sevasion mobility along with tackling. Howeverthe “catchers” are not instructed to tacklepupils, they are instructed that “tag” contact isenough. If there is any rough play, thesupervising teacher would step in and stopsame. The case proceeded to a full hearing inthe Circuit Court and evidence was presentedon both sides. Ultimately, the case boileddown to whether or not the supervisingteacher sanctioned a tackling/contact form ofthe game during the PE lesson. After somedeliberation, the Judge said it wasinconceivable that a teacher with suchexperience (as the teacher had in this case)would sanction a full tackle scenario. Thiswould have lead to a “free for all” and theJudge was not satisfied that the injured partyhad established his case on the balance ofprobabilities. The case was dismissed and noorder made as to costs.


8

NEWS

Sinead Kane: From Dark to Light

Sinead, an Allianz sports and brandambassador, has found her name oneveryone’s lips after her phenomenalachievement when she crashed into theGuinness Book of Records for being the firstblind runner to complete seven marathons onseven continents in seven days.

During the week long World Marathonchallenge which took place in January shecompleted marathons at Union Glacier(Antarctica), Punta Arenas (Chile), Miami(USA), Madrid (Spain), Marrakech (Morocco)Dubai (United Arab Emirates) and Sydney(Australia).

A remarkable achievement by anyone’sstandard. Even more so when you considerthat Sinead is blind.

When at school Sinead’s disability led to herbeing bullied and to isolation in theplayground. However, rather than let thisdepress her, she instead turned it to heradvantage - refusing to accept obstacles orlimitations. A negative comment by a teacherabout her career aspirations made herdetermined to prove that teacher wrong andso Sinead subsequently qualified as a solicitor– the first blind person in Ireland to do so.Sinead is currently a PhD student in the School

of Education Studies’ Anti – Bullying Centre inDublin City University.

Responding to a charity request, Sinead tookup running just five years ago and discoveredthat she not only had a talent for running butthat she also really enjoyed the experience. Hersuccess was recognised by ultra distancerunning specialist Richard Donovan fromGalway and he invited Sinead to take part in hisVolcano Marathon event held in Chile. Sineadsuccessfully completed this challenge and fromthat moment on was hooked on the challengeposed by ultra marathon competitions.

A phenomenal achievement by a remarkable person



9

NEWS

The next big challenge on the horizon forSinead was to participate in The WorldMarathon Challenge. This event demands thatparticipants undertake seven gruelling fullmarathons, in just seven days across sevencontinents - traversing no fewer than fifteendifferent time zones in just 168 hours. TheWorld Marathon Challenge is enough to shakeanyone out of their comfort zone - nevermind a blind runner – but for Sinead it was thechallenge she was looking for… and not just tocompete in the event, but to complete it.

For Sinead, doing this challenge was also anopportunity to have people see beyond herdisability and to help focus instead on what ispossible. This is something that Sinead is verypassionate about and the positive promotionof people with disabilities is a driving ambitionin everything Sinead does. However,participation in the WMC was nearly derailedwhen financial support from a sponsor waswithdrawn at the last minute. Sinead turnedto Allianz, long term supporters of Paralympicsports and because we are as passionateabout focusing on the positives of disability asshe is, we quickly agreed to fund herchallenge and it was game on.

Seven very gruelling days, a few low momentsand many highs it was mission accomplishedas Sinead, along with her guide runner JohnO’Regan crossed the finishing line in Sydney.

As news of Sinead’s epic feat became knownshe has been feted not only by her home townof Youghal but also nationally, becomingsomething of a celebrity with numerous Radioand TV interviews and a coveted appearanceon RTE’s Late Late Show.

Sinead has been magnanimous in her thanks toher supporters and sponsors Allianz, GreatOutdoors, Richard Donovan and in particularher running guide John O’Regan without whosebelief and support she says she would not havebeen able to achieve what she set out to do.

In her newly found position as an inspirationalrole model to a generation or indeed a nation,Sinead says that there is never room forcomplacency and she constantly challengesherself believing that when you show courage itcan have a ripple effect emboldening thosearound you and making the world a little braver.

Sinead encourages everyone to live theirdreams and not live their fears. As she says:

“I couldn’t control being born physicallyimpaired. But I can control how I choose to live my life”.

There is no doubt that fear will never holdSinead back!

43,500 km flight distance

295km running distance

Temperatures varied from – -30C in Antarctica to+34C in Dubai

SOME FACTS RE WORLDMARATHON CHALLENGE:

Sinead with her guide runner John O’Regan Sinead and John O’Regan Sinead with Sean McGrath CEO Allianz Ireland


10

INSURANCE THE ALLIANZ CUSTODIAN SCHOOLPROTECTION POLICYPART 3

The Allianz Custodian School Protection Policy Part 3 (Indemnity to Management and Legal Expenses)

In this edition of our Schools Journal weconclude our series of articles which areintended to highlight the key sections ofyour Policy. We concentrate on the mainBenefits and Exclusions of Section 5Indemnity to Management and Section 6Legal Expenses.

Note: this article summarises our standardcover, for full details of your Policy coverplease refer to your Policy wording.

Section 5 – Indemnityto Management

Sub-Section 5A – ProfessionalIndemnity

This sub-section covers the legal liability ofthe insured (Board of Management/Governors, the Patron, the Trustees) arisingfrom any actual or alleged wrongful act inconnection with a school related activity.

A school related activity is any activity that isusual to a school, which is carried out with thefull knowledge and authority of and under thecontrol of the insured or any other personspecifically authorised by them.

A wrongful act under Sub-Section 5A is anyactual or alleged (a) breach of duty arising fromany negligent act error or omission, (b) breachof warranty of trust or of confidentiality, (c) libelor slander committed in good faith, or (d)infringement of copyright patent trademark ordesign rights committed in good faith.

This is a Claims Made cover which meansthat the claim must first be made during theperiod of insurance and must have occurredeither during the period of insurance or ifprior to the period of insurance it must haveoccurred after the date on which the insuredfirst effected Indemnity to Managementcover with Allianz (retroactive date).

This Sub Section excludes indemnity:-

• to any person committing, participating,condoning, instigating or knowinglyallowing any intentional dishonestcriminal or malicious act or omission

• for any fines, penalties, punitive orexemplary damages

• for any claim alleging wrongfulsuspension or expulsion of or refusal toenrol any student except where theinsured has followed establishedprocedures and the advice of a solicitor

Limit of IndemnityThe standard Policy Limit of Indemnity is€6,500,000 in the aggregate any one Period ofInsurance.

Sub-Section 5B – Trustees,Directors and Officers Liability

This sub-section provides indemnity to anyTrustee Director or Officer in respect of anyactual or alleged breach of duty arising fromany negligent act error or omission on the partof such Trustee Director or Officer which arisessolely by reason of the conduct of their dutiesas a Trustee Director or Officer of the school.

As with Sub-Section 5A ProfessionalIndemnity, this is a Claims Made cover asdiscussed previously.




• for any claim alleging wrongfulsuspension or expulsion of or refusal toenrol any student except where theinsured has followed establishedprocedures and the advice of a solicitor

Limit of IndemnityThe standard Policy Limit of Indemnity is€2,500,000 in the aggregate any one Period of Insurance.

The Allianz Custodian School Protection Policy incorporates in asingle document, the range of insurances which all schools shouldprudently have.


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INSURANCE THE ALLIANZ CUSTODIAN SCHOOLPROTECTION POLICYPART 3

Sub-Section 5C EmploymentPractice Liability

This sub-section provides indemnity to theinsured in respect of legal liability arising fromany Wrongful Employment Practice whichincludes (a) unfair or wrongful dismissal, (b)discrimination against any employee (c)refusal to employ a qualified applicant (d)failure to afford the same terms ofemployment, working conditions ortreatment or (e) employment relatedharassment (including sexual harassment),bullying or intimidation.

As with Sub-Section 5A ProfessionalIndemnity and Sub-Section 5B Trustees,Directors and Officers Liability, this is a ClaimsMade cover as discussed previously.




• for any claim arising from a deliberate orintentional breach of the terms of anycontract of employment

• to make remuneration paymentsincluding pay in lieu of notice and/orredundancy payments which the insuredis legally obliged to pay under the termsof any contract of employment

• arising from costs of complying withphysical modifications to school propertyor to a school related activity toreasonably accommodate any employeeor any applicant for employment asrequired by law

Limit of IndemnityThe standard Policy Limit of Indemnity is€2,500,000 in the aggregate any one Period of Insurance.

Sub-Section 5D – FidelityGuarantee

This sub-section provides cover against thedishonesty of an employee, member of theBoard of Management/Governors or otherperson acting on their behalf in theembezzlement of money (or property). Theinsured must ensure that all school books ofaccount are audited, at least annually, by asuitable qualified person or persons.

Limit of IndemnityThe standard Policy Limit of Indemnity is€100,000 in the aggregate any one Period ofInsurance – Note that irrespective of thenumber of Periods of Insurance over whichthe fraud or embezzlement takes place themaximum sum payable in respect of all lossarising from the same dishonest or fraudulentact is the Limit of Indemnity.

Section 6 – LegalExpenses

This section covers legal costs and expensesincurred with the express prior approval ofAllianz in connection with:-

(a) the pursuit of legal proceedings arisingfrom any dispute between the insuredand any employee, ex-Employee orprospective Employee

(b) pursuit of legal proceedings for damagesarising from legal liability

(c) the pursuit or defence of legalproceedings arising from a contract forthe purchase, sale or supply of goods orservices

(d) pursuit or defence of the Insured forinfringement of the Insured’s legal rightsin relation to ownership/occupation ofschool property

(e) defence of the insured in anyprosecution for breach of statute,statutory instrument, order or regulation.

This Sub Section does not provide cover for:-

• any dispute between the Insured and theCompany

• a claim for monies owed to the Insurednot made within 6 months of the moniesbecoming due

• any prosecution deliberately orintentionally solicited by the Insured

• any legal expenses incurred without theexpress prior approval of the Company

• payment of compensation awards,damages, fines or penalties.

Limit of IndemnityThe standard Policy Limit of Indemnity is€1,000,000 in the aggregate any one Period ofInsurance.

It is important to note however, that youmust refer to your Policy Document Wordingand Schedule for precise details of yourcover and all terms, conditions, limitations,exclusions and endorsements applicable toit. A copy of this is available upon requestfrom Allianz or your Insurance Intermediary.



12

RISK MANAGEMENT

Security in Your School

In recent months we have noticed a trendwhereby security systems, which requirerepair or maintenance have been longfingered and the schools concerned havesuffered losses (as a result) which wereavoidable. The cost of such losses goes farbeyond the financial implications and canimpact on the whole school community. Inone particular case extensive damage wasoccasioned to the school buildings whenthose who had broken in set fire to thepremises and only because of the quickactions of the emergency services, the schoolwould have been forced to relocate, pendingreinstatement works being completed.

Whilst we fully understand the difficultdecisions schools have to make we would

urge all schools not to compromise in the areaof security because the consequences can bevery significant and the disruption to schoollife damaging to the delivery of the educationservice for which you have worked so hard.

In our publication “Guide to Insurance, Safetyand Security in the School” we detail inchapter 10 some of the measures/precautionsthat can be implemented to reduce yourexposure in this area and we summarise someof the key points hereunder.

Schools are often built in isolated areas andmay be unoccupied for long periods. Theyrepresent authority to the vandals who canoften be past pupils who are familiar with thesite. Poor design in school buildings can often

be problematic and features such as flat roofs,recessed doorways, school shelters andcourtyards can encourage access to theschools initially, which subsequently leads tovandalism happening there.

We would therefore recommend that youalways carry out a security assessment of yourpremises bearing in mind the following:-

• Do you have a system in place to ensure allexit doors, windows and skylights aresecurely locked when the school is closed?

• How many key holders are there and arethey limited to the appropriate personnel?

• Have you a system to ensure all valuableequipment is stored out of sight and wherepossible in strong rooms? Laptops,overhead projectors etc. are particularlyattractive to thieves.

• Do you keep yards and grounds tidy andfree from rubbish and waste materials?Premises which look untidy often attractunwanted attention and the presence ofwaste material can be used as a source ofignition in arson attacks.

• Is the external lighting in proper workingorder?

• During holiday periods do you ensure thatthe water supply is turned off at the mains?Vandals often turn on taps or damage pipeswhich can lead to extensive damage.

• During holiday periods are basketballhoops, goal posts, playground and othersuch equipment removed where practical?Very often young adults are attracted bysuch equipment.

• Are the burglar alarm, fire alarm and CCTVcameras (if you have same) in workingorder? Thieves/vandals can often tell if

Financial constraints are putting ever increasing pressure on school budgetsand leaving schools with difficult choices in terms of what can or cannot beafforded. Whilst understandably priority is given to funding the education ofthe children in your care this can at times come at the expense of other relatedcosts in relation to maintenance and security.



13

RISK MANAGEMENT

systems are not working and target theschool accordingly.

• Do you have a system in place for regularpatrol of the school buildings and groundsduring holiday periods? Early detection ofan issue can prevent a more significantproblem later on.

• What money handling procedures do youhave in place, are they adequate and do theyensure that money is never left on thepremises when the school is unattended?Money is particularly attractive to thievesand if they become aware that money isstored overnight they will target your school.

• Are any oil tanks fitted with a secure lockand a remote electric oil level gauge? Theftof oil is not uncommon and very oftenleads to significant leakage from tankswhich create additional costlyenvironmental issues.

School management embraces the way inwhich activities of maintenance and generalhousekeeping are carried out. There is arelationship between the appearance of theschool and the way it is regarded within thecommunity. This is critical as schools that lookneglected are more prone to vandalism, theftor arson. A good working relationship withinthe school and local community and wellunderstood procedures are highly effective inreducing losses at little or no cost. The bestand most comprehensive and sophisticatedintruder alarm/CCTV systems are onlyeffective if switched on and monitored. The above is only a brief summary of some ofthe issues that should be considered whencarrying out a security assessment and theGarda Authorities will also be able to adviseyou further with the crime prevention officernormally available to call on request. As

mentioned above, more detailed guidance iscontained in the Allianz “Guide to InsuranceSafety and Security in the School” publicationand also you can obtain further information onour schools website www.allianz/schools orfrom your local Allianz Representative or yourInsurance Intermediary.

Summer WorksThe summer holiday period tends to be a verypopular time for schools to start work onrenovations, new builds and extensions. It isextremely important that you have controlmeasures in place to ensure contractors areadequately insured when carrying out workon school grounds. We recommend you seekconfirmation that the contractor has thefollowing insurance cover in place:

Employers Liability – This covers the legalliability of the contractor to employees forinjury, fatality or disease arising out of or inthe course of their employment.

Public Liability – This covers the legalliability of the contractor for accidental injuryto third parties and accidental damage tothird party property arising in connectionwith the contract works. Third parties wouldinclude the school Board of Management,teachers, pupils, parents or anybody notengaged by the contractor.

Contractors All Risks – This cover providescomprehensive protection against loss ordamage to contract works and associatedconstruction plant, equipment andtemporary buildings.

Having control measures in place ensuresthat claims arising in connection with thework carried out by the Contractor are dealtwith under the contractor’s insurance.

The limit of indemnity provided under thecontractor’s insurance should not be less than€2,600,000 for Public Liability and€13,000,000 for Employer’s Liability.

In the event you are planning to carry out anywork of this nature, we ask that you always letus know well in advance of the proposedstarting date so that all insurance issues canbe dealt with.

If you have any queries regarding any aspectof this article or if you require any furtherassistance in relation to engaging contractorsplease do not hesitate to contact our SchoolSupport Team at 01 613 3966, your localAllianz Representative or your InsuranceIntermediary. Calls may be recorded.


14

RISK MANAGEMENT

School PlaygroundEquipment

Playground equipment is designed to bechallenging in various degrees for its specifictarget age and to provide an element ofmanaged risk for children. Playgroundequipment can provide children with fun,fresh air and exercise, but it can also posesignificantly increased safety hazards.

There is a duty of care on Boards ofManagement to take reasonable steps toensure that their schoolyards or other outdooractivity areas and items of equipment such asplayground equipment are safe.

There should be no “hidden” risks associatedwith the equipment itself which areunforeseen to pupils. These include areas ofentrapment, toggle traps, obstructions tomovement, stability of equipment, sturdinessof materials, unsuitable or damaged surfaces,faulty equipment and inadequate supervision.These are just a few of the risks which canresult in accidents on playgrounds.

Where a school has playground equipmentinstalled or where they are consideringpurchasing such equipment a full riskassessment must be carried out to assess theexposure presented versus the assumed

benefits. Where having assessed the exposurepresented it is felt that the benefits outweighthe exposure presented then the followingprecautions should be adhered to:-

• All playground equipment must beinstalled in compliance with EuropeanStandards ISEN1176 and ISEN1177.TheseEuropean Standards are accepted by theCourts as being the model for best practiceand failure to comply with them makesdefending claims very difficult.

• In addition to standard compliance, Courtswill also take account of matters such asinspection and maintenance, training andsupervision.

The following issues should also be taken intoaccount so as to ensure the risk of injury tochildren is reduced: -

Location and Design

• Professional advice should be obtainedwith regard to the layout and design of the“playground” ensuring it is suitable forpurpose and can be accessed safely.

• The surface should be free of standingwater, rocks, loose stones, tree stumps, treeroots and debris of any kind which couldcause pupils to trip or fall. Schoolprocedures should include provision for thepresence of ice, snow and other adverseweather related conditions.

• Accidents in playgrounds arise mainly dueto the way children move about – running,jumping etc. – within the area. Equipmentmust be positioned so that there is nocause for pupils to run across movingequipment, thus eliminating the risk ofbeing struck by moving equipment such as swings.

• Any access gate should normally openoutwards, except where it opens directlyinto traffic or is likely to cause a hazard. Thegate should preferably not close quickerthan within five seconds to facilitatewheelchair access and additionally toprevent it striking a child walking through.

• Ideally, a suitable 2 metre fence should beprovided around the playground equipmentand fitted with locked gate. The playgroundshould only be accessible when supervised.

It is accepted that children benefit from a wide and varied range of activities and in particularoutdoor exercise including games. In recent years there has been a trend towards the installationof playground equipment in schools aided by various Government/Local Authority grants.However, this has led to an increase in the number of Public Liability claims being experienced byschools. We have seen a number of claims involving children who have fallen off such equipmentand broken or dislocated bones and that some parents who championed the installation of suchequipment are very quick to hold the school responsible when their child suffers such an injury.



15

RISK MANAGEMENT

Play Equipment / Activity Area

• As outlined previously, play equipment andsurfacing should be installed in accordancewith Safety Standards ISEN1176 andISEN1177. Where new equipment is beinginstalled it must conform with ISEN1176.Schools should request that themanufacturer or supplier provide writtenconfirmation of their compliance with therelevant standard.

• Where existing equipment does notconform to an appropriate standard, then arisk assessment and testing of theequipment should be carried out by anappropriately qualified Health and Safetyexpert. All risk improvements resultingfrom such assessment/testing should beimplemented immediately.

• It is recommended that Impact AttenuatingSurfacing (IAS) should be installed under allitems of play equipment. ISEN1177 requiresthat a surface with some impact attenuationshould be installed under all items of playequipment. For potential falls above 600mm,ISEN1177 defines the nature and extent ofImpact Attenuation the surface must have.Schools must ensure that such surfacing ismaintained and replaced when required inline with the manufacturer’srecommendations and guidelines.

• Schools should ensure that all equipmentand surfacing is installed by a competentcontractor in accordance with ISEN1176and ISEN 1177. Such contractors should berequired to produce written confirmationthat they have relevant insurance in placewhich covers them in respect of the workbeing undertaken and which includes aspecific indemnity to the Board ofManagement and Patron.

Supervision

• Specific reference to the playground areashould be included in your Supervisionprocedures

• Use of the playground when unsupervisedshould not be permitted

• Rules relating to the safe use of theequipment must be communicated to allchildren permitted to use such equipmentand such rules should be displayed inwriting in the playground area.

• The rules referred to above should beenforced without exception

Management

• The playground area should be inspectedweekly by a competent person. Theinspection should include a general reviewof the equipment and area to ensure it isclean and well maintained. In particular thefollowing should be considered:

■ All wooden equipment should be checked for splinters, cracking, build up of vegetation or rusting of screws. Metal equipment should not be rusted. Checks should be carried out to identify any signs of weakening and to ensure that all bolts are secure and not loose.

■ Equipment identified as defective must be immediately taken out of use and either repaired or replaced as appropriate. Within the Hazard Identification and Risk Assessment section of the school’s Safety Statement a record should be kept of the defects

identified together with details of the action taken to eliminate the risk.

■ Equipment, fences and gates should be checked for objects such as hooks, bolts, sharp objects or unfinished edges that stick out and which could injure a pupil or catch clothing causing entanglement or fall. Immediate action must be taken to remove or repair such items.

• An effective programme should be put in place to ensure that equipment ismaintained in accordance with themanufacturer’s instructions. An annualindependent safety inspection of allplayground equipment should also take place.

In summary playground equipment can providebenefits for pupils of all ages but with the use ofsuch equipment come risks which must bemanaged to ensure the safety of the childrenconcerned. Your Allianz Custodian SchoolProtection Policy provides indemnity in respectof the use of such equipment. However, in theevent of an unforeseen accident occurring it willbe critical to the defence of any claim arisingthat you can demonstrate that all appropriaterisk assessments have been completed, that theequipment met the appropriate standard andthat the level of management/supervision wasadequate.


Why should I chooseAllianz for my school?

Highest medical & dental expense benefits of up to €50,000 for eachNo time limit for medical &dental expense claims (once notified within 730 days of the insured accident)No Excess, so all insured medical & dental expenses which are not recoverable from another source, can be claimed.

Cover you can rely on from the Insureryou know and trust.

Allianz p.l.c., Allianz House, Elmpark, Merrion Road, Dublin 4, D04 Y6Y6, Ireland.Telephone: (01) 6133900, Fax: (01) 6133630Email: [email protected] Website: www.allianz.ie/schools

Allianz p.l.c. is regulated by the Central Bank of Ireland. Standard acceptance criteria and terms & conditions apply.Calls may be recorded. Information correct at 8th May 2017

Allianz PupilPersonalAccidentProtection for thepupils of your school

Competitions

Win a set of sports kits or a 32G iPad for yourprimary school.

Simply arrange your Allianz Pupil PersonalAccident cover online, www.allianz.ie/schools,for a chance to win.

Prize details and Terms & Conditions areavailable online, www.allianz.ie/schools.


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