Controlling The Non Owned Auto Exposure In Sports

Category : Auto Insurance, Business Auto, Risk Management

Its a must for most sports and recreation organizations to carry Non Owned And Hired Auto Liability insurance which can be a stand alone policy or part of the General Liability policy. Very few sports administrators understand the importance of this coverage and what they should be doing to protect their insurance carrier from ever having to pay a claim.

A non owned auto is one that is not owned by the sports or recreation organization, but is instead owned by a staff member (employee or volunteer) or borrowed from an organization such as a church. When these non owned autos are involved in an accident while on association business: the following parties can normally be sued: the owner of the vehicle, the driver, and any organization for whose purpose the errand is being run. In other words, the sports organization can be sued for their vicarious liability of their staff member.

Its important to note that Non Owned Auto Liability insurance does not cover the driver or damage to the vehicle. It only covers the association that is the named insured on the policy. The driver will have to rely on his or her own Personal Auto Insurance Policy to provide liability and physical damage protection.

I just came across some excellent loss control material from Philadelphia Insurance Company on the topic of controlling the Non Owned Auto Liability risk in the sports and recreation context. This exposure represents an infrequent, but high severity risk where damages can easily exceed $1,000,000. The insurance carriers that insure sports and recreation organizations are very concerned about this exposure because its difficult to collect the proper premium for a low frequency – high severity risk. Sports organizations need to take this risk very seriously and implement the recommended controls.

Here are some links that you will want to check out:

Case studies on actual Non Owned Auto Liability losses in the non profit association context where damages exceeded $1,000,000: http://image.exct.net/lib/fecd15717367027c/m/1/InvestigationForm2.24.10.pdf

Personal vehicle usage precautions: http://image.exct.net/lib/fecd15717367027c/m/1/Employee-Volunteer.Use.of.PersonalVehicles2.19.10.pdf

Driver eligibility criteria: http://image.exct.net/lib/fecd15717367027c/m/1/Driver+Eligibilty_4400.pdf

Driver training and motivation: http://image.exct.net/lib/fecd15717367027c/m/1/Driver+Training+and+Motivation_2200.pdf

Source: Philadelphia Insurance Company, Hired And Non Owned Automobiles, Large Loss Lessons Learned

Team League Insurance Carrier Attempts To Deny Injury Claim

Category : Football, General Liability, Teams / Leagues

A General Liability policy was taken out under the name of  Northeast Youth Football League and its member teams and league. A certificate of insurance evidencing “additional insured” status was issued on behalf of a member team to the field owner as required by agreement. Another member team wanted to use the fields and the same certificate of insurance was submitted. A spectator was injured in a fall from a bleacher during a game for the second team. Great American E&S Insurance Company denied the claim and sought a declaratory action for its responsibility to pay for the injury.

 Great American unsuccessfully argued that the certificate of insurance did not apply to the second team since its name was not listed on the certificate of insurance. The Supreme Court, Appellate Division, Third Department, New York disagreed by reasoning that neither the certificate of insurance nor the policy included the names of any of the teams but instead listed only the league and its member teams.

Great American also argued that two separate policy exclusions would be applicable. The first was a Design Defect And Structural Maintenance Exclusion and the second was an exclusion stating that Additional Insureds were not covered for their sole negligence. However, the court reasoned that the latter exclusion could apply but said that the insurance carrier waived its right to use it as a defense since no written disclaimer was sent specifically mentioning their intent to use such exclusion.

In my opinion, had the carrier given proper notice, it is likely that they could have properly denied the claim for the additional insured field owner since the field owner was likely solely negligent in the slip and fall accident. The only way for the team to have shared in this negligence would have been due to lack of supervision or if the liability had been contractually assumed in a lease or license agreement.

 John Sadler

 Source: Rough Notes, February 2010

Thousands Injured In Gyms And At Home In Pursuit Of Fitness

Category : Equipment, Health Clubs, Injury, Instructors, Personal Trainer, Risk Management

Fitness Instructor Insurance and Health Club Insurance is in high demand due to frequent gym injuries.

According to the Consumer Product Safety Commission, the following injury statistics occurred in 2009:

*  1500 emergency room visits resulting from equipment related
     mishaps in gyms

*  50,000 emergency room visits from home exercise equipment
    incidents including treadmill falls, exercise ball falls, elastic stretch
    band hits to face, and dropping free weights on feet.

*  Treadmills are the number one cause of equipment related injuries
     with 575 occurrences of falling off, tripping over, and tripping on.

*  Weight machines and free weights caused 224 injuries.

*  Common gym equipment related injuries include broken ankles,
    fractured arms, fractured legs, and fingertip amputations.

Fitness instructors cite the following reason for gym/exercise related injuries:
*  Inattention due to Ipods, cell phones, and reading.
*  Using equipment for the first time without proper instruction
*  Working out too hard, too soon after a period of inactivity.

Source: http://www.msnbc.msn.com/id/35127528/ns/health-fitness/