Education
Supervision is here the variable underwritten by the insurer: how the accompaniment is organised, who exercises it in each scenario, and what is documented. From there, both the scope of the insured activity and the capitals that the programme must sustain are derived.
Pupil accidents, off-site activities and governing-body liability
The damage caused by a student and the damage suffered follow different paths.
Article 1903 of the Civil Code holds the head of a non-higher education teaching centre liable for the damages caused by their minor students while under the control or supervision of the teaching staff, in school, extracurricular, and complementary activities. This perimeter accompanies the students outside the premises; the policy accompanies them to the extent that the insured activity and the agreed territorial scope cover it. Around this, the student accident insurance, the employer's liability sublimit, and the capitals set by the agreement are organised.
The two paths of a school claim
Article 1903 of the Civil Code holds the head of the centre liable for the damages their minor students cause to third parties while under the control of the teaching staff, in school, extracurricular, and complementary activities. The damage suffered by the student follows another path: it is claimed for culpa in vigilando of the head according to articles 1902 and 1903, and the indemnity without fault discussion is resolved by the school accident insurance. These are two different covers within the same programme, and their capitals are reviewed separately, just like the scope of the insured activity and the territorial scope. The designation of the protection delegate and the accompanying protocol are part of what the insurer reviews before underwriting the head's liability, as they describe how the students are supervised in each of these scenarios.
Students on internships within a company
During training in workplaces, the responsibility of the centre, the hosting company, and the student coexist. The collaboration agreement usually requires specific cover, and the centre's policy must name it with those exact words instead of assuming it is included.
The employer's sublimit and the capitals of the agreement
Employer's liability responds to claims from staff for work accidents and travels by sublimit within the general policy, so its amount is reviewed alongside the capitals of the agreement. The collective agreement sets those for accidents of teaching staff and administrative and service personnel, and non-compliance makes the centre liable for the missing capital: each new salary table opens the moment to update them.
The school year as the indemnity period
Enrolment is decided once a year, so material damage that prevents opening in September affects the fees for the entire school year and the recruitment for the next. The indemnity period is dimensioned over the complete school year even if the repair is completed much earlier, and alongside it, the cost of enabling provisional classrooms is agreed, which is what allows the service to be maintained while the work lasts.
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Does our policy cover excursions and end-of-year trips?
Article 1903 of the Civil Code places the responsibility for school, extracurricular, and complementary activities on the policyholder, as long as the students are under the control or supervision of the teaching staff, meaning the centre is equally liable outside the premises. The policy extends as far as the insured activity and the agreed territorial scope, and both must name outings, exchanges, and transport contracted to a third party. Additionally, the mandatory passenger insurance operates on the coach, compensating injured students regardless of who is responsible and without replacing the civil liability of the centre or the carrier.
What does the School Insurance cover and what do we still need to contract?
The School Insurance of the Social Security covers students under twenty-eight years old from the third year of ESO, with benefits assessed for school accidents, illness, and family misfortune. The stages of nursery, primary, and the first two years of ESO are outside its scope, and it never covers the civil liability of the centre towards families. Therefore, the centre's programme separately contracts student accident insurance and the policyholder's civil liability, and reviews their sums insured separately.
One of our students causes damage during their internship at a company. Who is liable?
The Civil Code places responsibility on the policyholder of the centre while the students remain under the control of their teaching staff, and the collaboration agreement distributes the rest between the parties. In practice, the claim reaches both at the same time and is resolved by reading which policy names the training in work centres. Checking this at the time of signing the agreement is what avoids that discussion.