The exodus of insurers is partly attributed to a 2019 Texas law that extended the statute of limitations for childhood sexual abuse lawsuits from 15 to 30 years. This change allows survivors to file claims related to policies written decades ago, leading to unexpected financial liabilities for insurers. Insurance agents specializing in the childcare industry report that this has resulted in significant payouts on old, expired policies.
As a result, only two traditional insurance carriers reportedly remain in the Texas market for childcare centers. This limited competition has led to fewer choices and dramatically higher premiums for providers. For instance, one center director saw her insurance costs jump from approximately $30,000 to $40,000 annually, despite having no insurance claims filed in seven years.
With traditional insurers withdrawing, many childcare providers are turning to the surplus-lines insurance market. While this market helps keep businesses operational, it typically comes with higher costs, more exclusions, and the need for multiple separate policies to achieve adequate coverage. This fragmentation and increased expense strain the already tight financial margins of many childcare facilities.
Providers have voiced their concerns to lawmakers, highlighting that the rising insurance expenses necessitate difficult financial decisions, such as increasing tuition, reducing staff salaries, or cutting programs. Although Texas has reduced the minimum required liability insurance for childcare centers, advocates argue this measure does not address the fundamental issue of affordable and available insurance.
