Sports General Liability insurance carriers that insure soccer organizations must often absorb full policy limit lawsuits resulting from these death claims.

Video

However, some sports organizations that own or are long term lessees of athletic facilities are also legally responsible for injuries that occur on a 24/7 basis for 365 days a year.  Ownership triggers the liability for premises owners and lease agreements with hold harmless and indemnification provisions trigger the liability for long term lessees. 

If your sports organization has 24/7 liability as discussed above, you should avoid the endorsement entitled “Ownership, Maintenance, Management of Athletic Fields or Facilities Exclusion or similar exclusions.  As an alternative to removing this exclusion, some sports General Liability carriers allow a buy back that is commonly called “24 Hour Premises Liability”.

Source:  John Sadler

Ed Tolley, the athletic association attorney, noted that the settlement was a sign that the “athletic association had committed to helping Bryant all along”. 

However, Bryant claimed that an official of the school failed to complete the paperwork for the $500,00 policy. 

Source:

http://www.insurancejournal.com/news/southeast/2010/02/26/107703.htm

 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

The first direction would be to consult your local attorney since they would be familiar with the particular states laws.   Also make sure that the organization is following its own rules and bylaws. The general liability policies that we write for the national organizations may require that volunteers be screened, but not the parents that are not volunteers.  This is because as a general rule, only a volunteer who has repeated access to youth is in a position to “groom” them for molestation. 

Whether background checks are required or not, a lot can be accomplished by educating the team/league, the volunteers and the parents on inappropriate boundary invasions.  More information can be found in our article Protecting Children Against Sexual Abuse and Molestation.

An article that I just recently came across from NASPRO is the Key Points for the Personal Trainer and Clients with Coronary Artery Disease.  Make it a point to read articles such as this as well as the constantly changing research and developments found at the American Heart Association.