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AGENTS & BROKERS ONLY |
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Other Sports & Recreation Insurance Programs |
Should Sport Team Be Allowed To Move Up One Year In Age Category?What liability exposure exists for adminstrators and coaches who allow a younger sports team to play up in an older age category?
The following question was asked by a visitor to our website:
I am struggling with a team playing up a year in age – U12 Boys moving¦lt;br />
to U13 Boys in soccer. What are your thoughts? Any know lawsuits. I am¦lt;br /> on the board and I want to be able to answer any questions. Our guest expert who is an attorney and professor, Gil Fried, provided the following answer:
I am not familiar with any lawsuits from a younger group moving up one age category. If they moved up several years the proportional difference in skill and size could open a door to liability. Since the potential for in jury exists at all soccer levels I would suggest that the children in the 12 year old group and their parents be sent a letter indicating the potential concern that since younger kids are playing against older kids there could be a chance for injuries. The letter should be clear and allow parents to pull their child if they are concerned without any retribution.
Source: Gil Fried, website: www.gilfried.com, blog: http://bizballz.blogspot.com/.
Directors & Officers Liability Insurance For Sports Leagues, AssociationsDirectors & Officers Liability insurance for sports organizations covers certain types of lawsuits that are not covered by the more popular and better known General Liability policy. Whereas the General Liability policy covers certain lawsuits alleging bodily injury, property damage, personal injury, and advertising injury, the Directors & Officers Liability policy typically covers the following types of broad classes of lawsuits:
* Discrimination based on race, sex, age, or handicap.
* Wrongful suspension or termination of league personnel or players.
* Failure to follow own rules or bylaws when making an administrative decision.
* Violation of rights of others under constitutional, federal, or state law.
* Financial mismanagement
The Directors & Officers Liability policy pays covered legal defense costs and pays up to the policy limit in the event of settlement or adverse jury verdict.
Over the past ten years, the types of claims that are potentially covered by the Directors & Officers Liability policy have increased dramatically as the public has become more litigation conscious. The most common categories of lawsuits include handicap discrimination under the Americans With Disability Act ( ADA ), player eligibility disputes, and when league administrators don’t follow their own rules or bylaws when making decisions. We have also seen claims involving breach of contract (usually excluded by most policy forms), race discrimination, violation of expression of religious freedom, failure to make all star team, improper coaching resulting in loss of college scholarship, violation of Sherman Anti Trust / Restraint Of Trade, internal board disputes (usually excluded by most policy forms), injunctive relief to halt tournament due to player eligibility issue (often not covered by most policy forms), etc.
The Directors & Officers policy form varies greatly from one carrier to the next and as a result, a detailed review is required to uncover dangerous exclusions that would take away essential coverages. Unfortunately, most insurance agents are not competent in this area.
Some important policy provisions include employment practices liability and third party liability including discrimination.
Source: John Sadler
Copyright 2002-2006, Sadler & Company, Inc., All Rights Reserved
Importance Of General Liability For Sports Teams, Leagues, OrganizationsGeneral Liability for sports organizations protects against covered claims or lawsuits primarily resulting from bodily injury, property damage, personal injury, and advertising injury.
Bodily injury claims generally arise from injuries to sports participants or spectators.
Property damage claims are normally associated with damage to sports facilities or spectator vehicles.
Personal injury lawsuits commonly arise from a slander or libel.
Advertising injury claims may arise from incorrect statements or comparisons about a competing sports program that are contained within promotional materials of a sports organization.
General Liability pays covered legal defense costs and any settlement or adverse jury verdict expenses up to the policy limit.
One of the most important reasons for carrying General Liability is to get coverage for legal defense which of often the most expensive element of sports litigation. It is not uncommon for legal defense costs to exceed $50,000, even in cases where the sports organization is ultimately found to not be negligent.
Source: John Sadler
Copyright 2002-2006, Sadler & Company, Inc., All Rights Reserved
Excess Accident Insurance: First Line Of Defense Against LawsuitsSports Accident insurance pays covered medical expenses on behalf of injured participants such as players, coaches, managers, umpires, etc.
Coverage is normally excess or secondary, which requires other collectible insurance such as family health insurance to respond first. There are three basic scenarios that can arise under excess Accident insurance:
1. If existing family insurance pays for 100% of all medical bills, the excess Accident policy will not make payment for any benefits.
2. If existing family insurance pays for only 80% of all medical bills (due to its deductible or coinsurance provisions), the excess Accident policy will pay for the remaining 20% less any deductible or other policy limitations.
3. If existing family insurance in not in existence, the excess Accident policy becomes primary and pays covered benefits less any deductible or other policy limitations.
The existence of excess Accident insurance on all participants is the first line of defense against lawsuits arising from injuries to sports participants. Much of the incentive for an injured participant or parent to file a lawsuit is removed if either existing family health insurance or the excess Accident policy will guarantee that no out of pocket medical bills will be incurred.
Uncovered medical bills will ultimately result in nasty dunning letters and collection phone calls being made to the responsible party. This will usually lead to a visit to an attorney to discuss what options are available. Of course, the attorney will recommend that a lawsuit is filed against a deep pocket: the sports organization and its directors, officers, and volunteers.
This is the reason why the few General Liability carriers that are willing to insure sports organizations require the existence of Accident insurance as a pre condition of coverage.
Source: John Sadler
Copyright 2002-2008, Sadler & Company, Inc. , All Rights Reserved
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