Legal Question in Insurance Law in Louisiana

umbrella policy

If a teacher drives a student home from school (after school ends for the day) gets in a wreck, teacher is in the wrong, the child dies, is the child covered by the school's umbrella policy if the policy states that ''non-owned vehicles are covered provided that they are being used in the scope of duty''?

In essence, is a salaried teacher in the scope of her duty if she is driving a child home from school when the school does not provide transportation? (private school)


Asked on 3/01/07, 7:22 pm

1 Answer from Attorneys
Hardy Parkerson Retired Attorney; now Law Professor

Re: umbrella policy

Dear LawGuru Friend,

Sorry about this terrible accident! First of all, an insurance policy is a contract, and one would have to read the contract itself to know the correct answers; but from what you post here as facts, it appears to me that the death of the child (student) would indeed be covered by the insurance policy you mention. Be careful about getting your legal advice off the internet. You should contact a lawyer to discuss this problem. Also, know that the legal representative or representatives of the student who was killed has/have only one year from the date of the accident within which to institute a suit in a court of law of proper jurisdiction and venue (place) for damages for the wrongful death of the child/student, etc.. Again, sorry about the death of the student, but good luck in pursuing the legal remedies available to the family of the child!

Sincerely,

Hardy Parkeson, Atty.

Lake Charles

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Answered on 3/04/07, 2:17 pm


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