Missouri attorney general sues school districts that mandate masks

(Reuters) – Missouri Attorney General Eric Schmitt on Tuesday filed a lawsuit against school districts in his state that have required masks for students and teachers, calling the practice in a statement “arbitrary and capricious.”

The lawsuit filed in Boone County Circuit Court named Columbia Public Schools, its school board and its superintendent as defendants but also includes other schools that have issued such mandates.

Columbia’s school district, with about 19,000 pupils in the center of the Midwestern state, issued a mask mandate this month for all students, teachers and staff to protect against a surge in COVID-19 cases.

“We filed this suit today because we fundamentally don’t believe in forced masking, rather that parents and families should have the power to make decisions on masks, based on science and facts,” Schmitt said in a statement.

The lawsuit asked the court to rule the mask mandate is unlawful and to block the district from carrying it out.

The lawsuit is one of several court battles being waged in the United States over masking and COVID vaccinations as educators, parents and lawmakers grapple with another coronavirus surge just as students head back to the classroom.

In Florida, the state Board of Education on Friday ordered two school districts to provide parents with a way to opt out of a requirement that their children wear masks or face having some of their state funding withheld. On Tuesday, the Broward County School Board, which oversees a system of 261,000 students, said it rejected the order.

Columbia Public Schools officials were not available for comment on Tuesday. On Aug. 13, when the district announced the masking requirement, it cited a high rate of transmission of the Delta variant in the community.

“We know not everyone will agree with this decision,” the district said in a statement. “This decision is not a forever decision, but it is a decision that is currently necessary.”

(Reporting by Brendan O’Brien in Chicago; Editing by Chris Reese and David Gregorio)

Tropical Storm Fred takes aim at Florida with dangerous surges

(Reuters) -Tropical Storm Fred gained momentum on Monday as it barreled toward the Florida Panhandle, closing some schools amid forecasts of “very dangerous” surges of 5 feet (1.5 meters) of water.

By early afternoon, the storm was 50 miles (80 km) south of Apalachicola, Florida, said Robbie Berg, hurricane specialist at the Miami-based National Hurricane Center (NHC).

It was expected to make landfall in the eastern Florida Panhandle area later on Monday.

Winds strengthened to 60 miles per hour (97 kph) but were not expected to reach hurricane levels of 74 miles per hour (119 kph).

“We’re not currently forecasting it to reach hurricane strength. It’s running out of time because we do think it will reach the coast later today,” Berg said.

“We do think we could get storm surge as much as 5 feet (1.5 meters) above ground level, so if you were to stay in those areas, it would be very dangerous,” Berg said.

Additionally, heavy rainfall of up to 12 inches (30 cm) in some isolated spots in Florida was forecast, as well as drenching downpours in southeastern Alabama, Georgia and the western Carolinas, said senior hurricane specialist Richard Tasch.

But after landfall, the storm was expected to weaken quickly, Tasch said.

By midmorning on Monday, the storm was about 80 miles (130 km) southwest of Apalachicola and was moving northward at about 10 miles per hour (16 km per hour), according NHC.

Fred was expected to pick up strength as it tracked through warm Gulf of Mexico waters.

But after landfall, the storm was expected to weaken quickly, Tasch said.

Several school districts in western Florida closed for the day, promising to reopen on Tuesday.

“Buses cannot safely transport students at winds greater than 35 mph and current information indicates that we may experience 35 mph wind gusts beginning around 1 p.m.,” the Santa Rosa County school district said on its website.

(Reporting by Barbara Goldberg in New York; editing by Jonathan Oatis and Cynthia Osterman)

Insurance brokers new business: ‘active shooter’ policies for U.S. schools

A girl writes a note on a banner placed on the fence of the Marjory Stoneman Douglas High School to commemorate the victims of the mass shooting, in Parkland, Florida, U.S., February 21, 2018. REUTERS/Carlos Garcia Rawlins

By Suzanne Barlyn and Noor Zainab Hussain

(Reuters) – Insurance broker Paul Marshall can count on his phone ringing in the aftermath of a school shooting.

Since the Feb. 14 shooting at a Florida high school, where 17 people were killed and more than a dozen injured, seven South Florida school district have bought $3 million worth of “active shooter” coverage that Marshall’s Ohio-based employer, the McGowan Companies, began selling in 2016.

“Every day we get a phone call from another school district,” Marshall said.

The insurance, which is backed by XL Catlin  covers expenses tied to shootings in places such as office buildings and concert halls, and is increasingly gaining traction with schools. It pays up to $250,000 per shooting victim, for death and serious injuries, such as blindness or total disability, with additional medical coverage depending on how much insurance a district buys.

There is no detailed survey of insurance coverage at U.S. schools, but insurers say it is only within about the past year that more schools have been seeking “active shooter” and “active assailant” policies.

School districts often find that their general liability policies fall short on coverage for the cascade of bills that follow a violent incident like the mass shooting last month in Parkland, Florida, insurers and school administrators say.

The costs can include victim lawsuits, building repairs, legal fees, medical expenses and trauma counseling, as well as media consultants, accountants to handle charitable contributions, and even reconstruction of buildings where bloodshed occurred.

“This is a very sort of unique and specific issue that we are facing” Chris Parker, who heads a unit at Beazley PLC  that writes policies for political violence, terrorism and other risks, said about coverage for U.S. schools.

On Tuesday, a student who shot and critically wounded two fellow students at a Maryland high school died after exchanging gunfire with a campus security officer.

Marjory Stoneman Douglas High School, the site of the February shooting, is covered under a general liability policy through its local school district, which does not spell out whether shootings are covered, a spokeswoman said.

That was also true at Sandy Hook Elementary School, where a gunman killed 26 people in 2012. A wrongful death lawsuit filed by families of two children killed there seeking unspecified sums has dragged on since 2015.

In the case of public schools, state laws that exempt them from liability or limit the payouts can leave survivors and their families with huge medical expenses. Those laws can have exceptions and in some states, such as Florida, the legislature has authority to waive such limits.

Still, the process can take years and while school employees are generally covered through workers’ compensation insurance some shooter policies could help families meet some of the medical costs.

CROWDFUNDING FOR SURVIVORS

Some desperate families have turned to crowdfunding sites. For instance, Royer Borges is using GoFundMe to raise $1 million for his son Anthony, a Parkland student who has undergone eight surgeries since being shot five times during the massacre.

Anthony has insurance through a government sponsored-program for children, but it is unclear how much it will cover, his lawyer Alex Arreaza said.

The privately-owned McGowan Companies, fielded 10 times the number of queries in February about shooting coverage and inked three times more policies than a year before, according to Marshall.

Some coverage has been around since 2011, but more insurers, including Beazley, XL Catlin, Hiscox Ltd <HSX.L> have launched such policies since 2016, as mass shootings showed no sign of abating.

For example, insurance broker Jardine Lloyd Thompson Group  recently began selling coverage to help terror and mass shooting victims, including at schools, and a Munich unit in June began offering schools $100,000 in additional coverage for reimbursement of violent event expenses.

Premiums can range anywhere from $1,400 per year for $1 million in coverage for a small private school to $50,000-$100,000 for a $5 million to $10 million policy for a large public school district, industry executives said.

While one insurance executive described the market for school shooter policies as “embryonic” sales have been rising. As a result, premiums have come to about a third of what they cost two years ago, Marshall said. He is now developing a policy that covers construction costs for school districts that want to demolish buildings where shootings occurred.

In 2013, officials in Newtown, Connecticut, voted to tear down Sandy Hook Elementary School and the state gave the town $50 million for the new building.

A Florida school safety law signed on March 9 includes $25.3 million to replace the building at the Parkland high school where the shooting occurred.

Church Mutual Insurance Co in Merrill, Wisconsin, which insures private and religious schools nationwide, has been fielding calls from customers who want to raise coverage beyond the $50,000 per victim and up to $300,000 per violent incident it already offers through its general liability policies, said chief underwriting officer Ed Hancock.

Nate Walker, vice president of sales at insurance wholesaler Special Markets Insurance Consultants (SMIC), an AmWINS Group Inc unit, said the company considered a name change for its “Active Shooter Insurance Program,” offered since 2014 as part of a broader package aimed at schools, because it was a tough-sell.

“The more events that happened, the more we came to say there’s no reason to call this anything other than what it is,” Walker said. “You can’t really sugarcoat this.”

(Reporting by Suzanne Barlyn in New York and Noor Zainab Hussain in Bengaluru; Additional reporting Carolyn Cohn in London; Editing by Lauren Tara LaCapra and Tomasz Janowski)