Is There Liability Coverage For After-School Zumba?

Question from an IIABNY member: Our insured, a school, is thinking of offering a Zumba (fitness class) for all staff at the school after work hours.  The instructor operates independently; the insured would be paying her directly. How would this fall as far as liability insurance on the school?  I hope it does not fall under Workers Compensation.

Answer: If one of the teachers were to suffer an injury during a fitness class, I don’t think the school's Commercial General Liability policy will provide coverage because of the Workers’ Compensation and Employer’s Liability exclusions. I also think it's questionable as to whether Workers’ Comp would apply since it’s unclear as to whether the injury would arise out of the claimant’s employment (a Workers' Comp law judge might have to rule on that one.) The most likely source of coverage might be the Employers Liability section of the WC policy. If the injured person is considered to be an employee at the time of the injury, then this is the coverage that should apply. Otherwise, the CGL should apply (the person is either an “employee” at the time of injury or not; if not, then the CGL applies.)

The CGL should apply to the fitness instructor’s injury or property damage she may suffer while on your insured’s premises.

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Comments

[Abesbaumann.com]

That issue should be taken into a serious discussion and into an open communication between both parties(school and the staff) so they can come up with a better idea on how both can solve the problem.

[ellie]

I think that at the end of the day in this day and age we all have to cover out backs when it comes to liability, as in this day and age we live in a world of where theres blame there is a claim. Although because of this we seem to be losing the ability to have fun and let our kids have fun.

[summer]

It is about time that we forget all the red tape and let our kids enjoy themselves for once. The problem with society is that there is too much health and safety, which is to the point of people not enjoying themselves.