# Insurance for nurseries and kindergartens in Germany: what the operator needs

> Running a Kita in Germany means taking over the supervision of other people's children every day. If a child is hurt, the statutory accident fund normally pays. If a child damages someone else's property or injures a third party, it becomes a liability question for the operator. Add premises, playground, kitchen, trips and events, and the operator's liability policy becomes the core, with contents and extra accident cover around it.

Quelle/Source: https://www.nammert.com/en/insurance-broker-nursery-insurance.php  
Updated: 2026-11-13

## Does a small parent-run Kita or association really need its own liability policy?

Yes. With the care contract, supervision passes from the parents to the operator, who carries it out through staff. Under section 832 of the German Civil Code (BGB), the person responsible for supervision is liable for damage a child causes unless they prove supervision was adequate. Buildings, play equipment and rented rooms add further duties. Whether you are an association, a parent initiative or a non-profit company, without liability cover the claim falls on the organisation's own money.

## At a glance

- **Compulsory?:** No statutory duty to insure liability, but local authorities and funders often require it
- **Children's accidents:** covered by statutory accident insurance under section 2(1) no. 8a SGB VII, free for parents
- **Who pays:** the public accident fund (Unfallkasse) of the state or municipality
- **Accident report:** within three days whenever a child needs medical treatment
- **Core cover:** operator liability including supervision, premises and staff

## Who is liable in a Kita: operator, staff or child

Parents hand over supervision to the operator through the care contract, and the operator fulfils it through managers, qualified staff and assistants. If a child in care harms a third party, the claim under section 832 BGB is aimed at whoever had the duty of supervision. The law presumes that supervision failed, so the operator has to prove otherwise.

Children under seven are not liable themselves under section 828 BGB. In a Krippe or Kindergarten almost every incident caused by a child therefore lands with the facility. How close supervision has to be depends on age, group and situation: courts expect more on a walk along a road than in a fenced garden.

## The accident fund, not liability insurance, pays for injured children

Children in day care facilities are covered by German statutory accident insurance under section 2(1) no. 8a of Social Code VII, and an accident in the Kita is treated like a workplace accident. The Unfallkasse pays for treatment, rehabilitation and, where needed, a pension. Parents pay nothing; the cost is borne by the public sector. Trips and the journey to and from the Kita are included.

In return, claims by the child against the operator and staff are largely excluded under sections 104 and 105 SGB VII unless the harm was intentional. If the operator caused the accident intentionally or through gross negligence, the Unfallkasse can recover its costs under section 110 SGB VII. The operator's liability policy is what absorbs that recourse claim.

## Premises, playground, kitchen and events

Beyond supervision, the operator is liable for safe rooms and outdoor areas, play equipment, clearing snow and ice and meals from its own kitchen. Rented premises bring damage to the landlord's property into play, a master key system the risk of lost keys. Summer parties, lantern walks and flea markets are events that should be included.

Many Kitas are registered associations with a volunteer board and parents who help on trips or with renovation. Whether these helpers, interns and volunteers are named in the policy is an important point to check. Mistakes by the board in running the association are a matter for D&O cover.

## Kita or childminder: two different classes

This page covers facilities run by an operator: Krippe, Kindergarten, Kita, after school care (Hort), parent initiatives and workplace nurseries. Childminders (Tagesmütter and Tagesväter) insure themselves as individuals with their own liability policy. There is a separate page for childminder liability.

## What is covered

- Statutory liability of the operator arising from care and supervision
- Damage children in care cause to third parties, including children under seven
- Personal liability of managers, educators and assistants while on duty
- Premises, playground and duty to keep them safe
- Trips, forest days and the facility's own events
- Recourse claims by the accident fund under section 110 SGB VII
- Defence against unjustified claims, including in court
- Damage to rented rooms, children's belongings and lost keys, where included

## What is not covered

- Damage caused intentionally
- Damage arising from the use of motor vehicles, for example a minibus
- The Kita's own furniture, toys and equipment (contents insurance)
- Loss of income after a closure unless separately insured
- Workplace accidents of staff, handled by statutory accident insurance
- Management errors of the board without a financial loss extension

## Who needs it

- Registered associations and parent initiatives running a Kita or play group
- Church based and independent operators and non-profit companies with Krippe, Kindergarten or Hort
- Employers with a workplace nursery
- Support associations organising events and trips for a Kita
- Operators planning new groups, new sites or building work

## Who does not need it

- Childminders in home based day care (separate class)
- Municipal Kitas covered through the municipality's own insurance

## What it costs

The premium depends on size and type of facility, usually measured in places, groups or staff, and on the modules chosen. Because liability, contents, extra accident cover and closure cover are often sold as one package, there is no general price, and no reliable independent comparisons are published. We therefore do not quote example premiums.

**What drives the premium:**

- Number of places, groups and employees
- Age of children: Krippe, Kindergarten or Hort
- Limit of indemnity and deductible
- Own kitchen, animals, swimming and transport
- Owned or rented premises, size of outdoor area
- Modules such as contents, accident or closure cover
- Claims history

_The premium is fixed in the quote once the insurer knows places, services and premises._

## The policy levels on the market

- **Liability for small facilities:** For parent initiatives and play groups: operator liability with supervision, premises and staff, helpers and board included, solid combined limit.
- **Kita package:** Liability with extensions for children's belongings, lost keys and rented premises, plus contents insurance and optional group accident cover for the children.
- **Master policy for larger operators:** Several facilities in one contract, automatic cover for new sites, closure cover and agreed safety obligations.

## How to recognise a good policy

| Criterion | Minimum standard | Strong policy | Why it matters |
| --- | --- | --- | --- |
| Limit of indemnity | EUR 3 million combined | EUR 10 million combined or more | A seriously injured third party can cost millions. |
| Supervision named explicitly | only implied | explicitly covered, including children under seven | Almost every Kita claim turns on supervision. |
| Insured persons | operator and employees | also board, parent helpers, interns and volunteers | In associations many people help without being employed. |
| Children's belongings | excluded | glasses, hearing aids and clothing included | These claims are frequent and cause disputes with parents. |
| Lost keys | excluded | third party keys and locking systems with own limit | Replacing a landlord's locking system is expensive. |
| Damage to rented premises | excluded | included with an adequate limit | Many Kitas operate in rented buildings. |
| Abuse exclusion | excluded for everyone | operator remains covered for organisational fault | The perpetrator must have no cover, but the operator should when accused of failings. |

## Insurers on the German market

Kita liability is written by many German property and casualty insurers as business or association liability, some with dedicated concepts for day care facilities. Municipal facilities are often covered by municipal insurers. The list describes the German market; it says nothing about which insurers we work with.

- **Allianz**: dedicated Kita offer with business liability and contents cover
- **ARAG**: association insurance with an offer for Kitas run by associations
- **GVV**: municipal insurer for local authorities and their facilities
- **R+V**: insurer of the German cooperative banks, commercial and association clients
- **Haftpflichtkasse**: mutual insurer specialising in liability, sold through brokers
- **Gothaer**: commercial lines through agents and brokers

137 insurers supervised by BaFin, the German regulator, are licensed for this class of insurance. (Allgemeine Haftpflicht, Unfall, Summenversicherung). Source: BaFin company database, 2026-09-18; EU insurers without a German office excluded.

## Typical claims and who pays

- **Child scratches a parked car** (paintwork, often four figures): A child under seven is not liable. The owner claims against the operator, and the liability insurer checks supervision and pays or defends.
- **Accident fund claims recourse** (treatment and rehab, up to six figures): After gross negligence the Unfallkasse can recover its costs under section 110 SGB VII. Liability cover pays; only intent is excluded.
- **Child's glasses get broken** (a few hundred euros): Children's belongings are often excluded. Strong policies name glasses, hearing aids and clothing.
- **Master key lost** (new locking system, often four figures): Lost third party keys need their own extension with a separate limit.
- **Water damage in rented rooms** (repairs, five figures): Damage to rented premises is only covered with an extension and an adequate limit.
- **Kita closed for weeks** (temporary rooms and lost income): Liability cover never pays the operator's own losses. That needs contents, interruption or closure insurance.

## Myth or truth

- „Parents pay for their child's statutory accident cover at the Kita." ✘ Wrong. Cover under section 2(1) no. 8a SGB VII is free for parents; the public sector bears the cost.
- „A three year old is not liable for damage they cause." ✔ True. Under section 828 BGB children under seven cannot be held liable, so claims go to whoever had supervision.
- „If a child is injured, the Kita usually has to pay damages for pain and suffering." ✘ Usually not. The accident fund pays, and claims against operator and staff are largely excluded under sections 104 and 105 SGB VII unless the harm was intentional.
- „The accident fund can recover its costs from the operator after gross negligence." ✔ Yes, under section 110 SGB VII. That is why recourse belongs in every Kita liability policy.
- „An accident only has to be reported if the child goes to hospital." ✘ No. As soon as a child needs medical treatment, an accident report goes to the Unfallkasse within three days.

## Common mistakes

- Using parents, interns and board members as helpers without naming them in the policy
- Opening a new group or site without telling the insurer
- Filing the accident report late or not at all
- Signing a lease that shifts liability without insuring damage to rented premises
- Letting children ride in private cars without clarifying motor cover
- Relying on the accident fund and choosing too low a liability limit

## FAQ

### Who pays if a child is injured at the Kita?

Normally the Unfallkasse. Children in day care facilities are covered under section 2(1) no. 8a SGB VII at no cost to parents. If a child needs medical treatment, the Kita files an accident report within three days.

### Can the family also sue the operator for damages?

Usually not. Sections 104 and 105 SGB VII largely exclude claims against the operator and staff after an insured accident unless it was caused intentionally. Civil courts are bound by the accident fund's decision.

### What is recourse by the accident fund?

If the operator caused the accident intentionally or through gross negligence, the Unfallkasse can recover its costs under section 110 SGB VII, capped at what would be owed under civil law. Operator liability insurance covers this, except for intent.

### Is the operator liable if a child scratches a parked car?

Under section 832 BGB, yes, if supervision was inadequate, and the operator has to prove it was adequate. The liability insurer assesses the case, pays valid claims and defends unjustified ones.

### Are educators covered personally?

In a good Kita policy, yes: managers, educators and assistants are covered while on duty. Check that interns, volunteers and parent helpers are named too.

### Do we need extra accident cover for the children?

It is not required because the Unfallkasse pays. Group accident insurance can still make sense, because it pays a lump sum for lasting harm and may apply outside care hours.

### Does a Kita policy cover a childminder?

No. Childminders need their own liability policy. A Kita policy only covers care organised by the operator.

### Why use a broker?

Kita policies differ widely on insured persons, lost keys, rented premises, abuse exclusions and automatic cover for growth. We obtain quotes, compare the terms and help with claims. The insurer pays our fee.

## Legal basis and sources

- [Insurance Contract Act (VVG, German)](https://www.gesetze-im-internet.de/vvg_2008/)
- [BaFin company database (licensed insurers)](https://portal.mvp.bafin.de/database/InstInfo/)

## Request quotes

We obtain quotes and come back with a comparison, free of charge. You can write in English. https://www.nammert.com/en/insurance-broker-nursery-insurance.php#anfrage

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Your broker: Norman Nammert, trading as NAMMERT. Insurance broker licensed under section 34d(1) of the German Trade Regulation Act. Broker register no. D-C08Q-TOSD4-37. NAMMERT Assekuradeur GmbH is a separate company. It does not arrange your contract.

NAMMERT Assekuradeur GmbH, Karl-Marx-Straße 4, 15711 Königs Wusterhausen, +49 3375 29 12 77, info@nammert.com. Wikidata: Q141141479.