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AGENTS & BROKERS ONLY |
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Other Sports & Recreation Insurance Programs |
Minimum Medical Limits For Sports Accident Insurance PoliciesAn Accident Insurance policy covering sports and recreation organizations such as teams, leagues, camps, and recreation departments should have a medical limit of at least $25,000 at a minimum.
A limit less than $25,000 won’t adequately respond to a moderate to serious injury. For example, an ACL injury is a common injury in sports and the costs of surgery and rehab can easily exceed $25,000. An Accident policy with a limit of $5,000 or $10,000 will only protect against small nickel and dime claims.
Whenever the Accident limits are not high enough to fully cover the medical bills, the sports organization and its administrators (officers and directors), employees, and volunteers will likely be shotgunned into a lawsuit as a deep pocket.
Disclaimer-The minimum recommended medical limits should be exceeded if higher limits are available and affordable.
Source: John Sadler
Copyright 2004-2009, Sadler and Company, Inc. All Rights Reserved
Are Electronic Signatures Accepted on Waiver Release Forms?Actual Client Question: We were wondering if you require hard signatures on the release of liability form, player parent contract, code of ethics? We do registration on line to where everyone has their own password to login to their childs registration, in which we have \”I Accept\” buttons. In the past we have had the parents click those buttons and then we have printed the forms and had the parents come to another registration to supply a hard signature. Do you require a hard signature for Insurance purposes or would the trigger button hold up in the event of a claim? What is the guideline for electronic signatures? Answer:
I am not aware of any current court cases that provide a definitive answer to the question of whether electronic signatures on waiver /release forms will likely be upheld. I recently interviewed the claims department manager and general counsel for one of our largest insurance carriers in the sports insurance niche. They indicated that they did not want to inhibit e commerce by not accepting electronic signatures on waiver / release agreements but would be watching carefully for any court cases on this issue. For now, electronic waiver / release forms are generally being accepted by the insurance carriers.
However, I have some additional concerns that should be addressed. First, the electronic signature should be stronger than simply clicking “I Agree”. It should require that the full name of the parent that is signing. Second, there must be a place for the minor participant to signas well. Some may question this but it is an absolute must. The minor must sign in order to trigger the assumption of risk defense as the waiver / release serves as the risk warning and the acceptance of risk by the minor. If these additional electronic safeguards can’t be initiated, I would advise the use of a paper waiver / release with a hard signature to supplement the electronic registration.
Of course, it goes without saying that the waiver / releases must be properly worded to be given weight by a court. So many of them violate the basic principles of contract law. A copy of a sample waiver /release can be found under the Risk Management section of our website at www.sadlersports.com/riskmanagement. John Sadler Could Football Players Heat-Related Death Have Been PreventedWhile the incident that led to the death of 15-year-old, Max Gilpin in August 2008 is very tragic, it could have likely been prevented. This particular case has had many experts in the sports arena scratching their heads. The experts at “From The Gym To The Jury” commented on this case in their latest edition stating “In 19 years of reporting court cases involving injury or death at early season practices, this may be the first to result in criminal charges.” The coach, David Stinson, has pleaded “not guilty” in the player’s death. The most important thing to focus on here is PREVENTION. If you are remotely involved with a youth sports league, each of the coaches, assistant coaches, etc. need to be made aware of the information that we provide on Heat Illness: Avoidance and Prevention. By following these guidelines, you are helping to protect your kids from heat illness and your coaches, assistant coaches, volunteers and league officials from being the target in a big dollar lawsuit. |
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Phone: (800)622-7370 Fax: (803)256-4017
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