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Daughter burned by cigarette at in home daycare

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What is the name of your state? Utah

I was taking my daughter to someone who advertised in the newspaper for in-home daycare. She was not licensed but had her own daughter and 2 other kids enrolled. Before starting we discussed that her mother comes over occassionally during the day and she smokes but not around the kids. I agreed as long as she was not smoking around my daughter. After about 6 months I picked up my daughter and she had a band-aid on her neck. The daycare provider told me my daughter ran into her mother's cigarette while they were outside playing. She didn't call me at work, nor seek any medical treatment. She argued with me and said she didn't want to tell me because she knew I would be mad at her. That was the last day my daughter went there. I took the next day off from work and looked for a new daycare. I found a center that enrolled her right away but that turned out poor also. So after a month I finally found a great place and my daughter is still enrolled there. I feel I should file a homeowners claim under the insurance for the in-home daycare. Would this be a covered loss? How much should I expect to recover for damages? I took my daughter to Primary Childrens Hospital the night I picked her up. They took photos and the police made a report. It was not an intentional act but I feel there is negligence on the part of the insured or the daycare provider. My daughter had a few follow up appointments with her pediatrician and it has healed well. It is barely noticeable currently so no scar revision is necessary. Total medical expenses about $100, but my time off work, the initial trauma, pain and suffering should be worth something.

Would this be a covered homeowner's loss?
How much should I expect to recover for damages?

Unless she has daycare liability under her homeowner's liability, it is doubtful that the homeowner's insurance would cover the loss. Since she is not licensed, her even having the daycare liability is also doubtful.

You can always try to turn a claim in with her insurance agent, but don't be surprised if it is denied.


I'm not at attorney but I am a licensed insurance agent....

I would contact her agent and ask to file a claim, if she has daycare liability then there should be no problem getting reimbursed for your medical bills. Punitive damages, I believe, you have to prove malicious intent. It doesn't sound like it was intentional. If she doesn't have that coverage, and you tried to turn in the loss, her company would likely find out that she has an in home daycare and non-renew her. Companies that won't offer the coverage for daycare, don't want the business at all. Hope your daughter isn't too traumatized!

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