AED’s: Does General Liability Provide Coverage For Negligent Use?

1) Does the policy have a professional medical services exclusion that applies to the sports organization as an entity itself and to all other insured persons?

2) To what extent does the policy limit the scope of coverage for employees and volunteers as follows:

Section II — Who Is An Insured

2. Each of the following is also an insured:

a. Your “volunteer workers”….. or your “employees”….. However, none are insureds for:

(1) “Bodily Injury” or “personal and advertising injury”:

(d) Arising out of his or her providing or failing to provide professional health care services.

According to K&K Insurance Group, the simple answer is that the standard General Liability policy form will likely respond to such a lawsuit if the AED is administered by a lay person. This situation is considered to be more like the rendering of first aid rather than a professional health care service. On the other hand, if the AED is administered by a nurse or doctor, their own Professional Liability policy would likely provide primary coverage.  Of course, they add the normal disclaimer that coverage for any claim will stand on its own unique circumstances and all policy coverages, exclusions, limitations, conditions, and definitions will apply.

Apparently, AED technology is greatly improved to the extent that it is almost impossible to make an error in its use. The later models will only activate if no heart beat is detected or if the heart is so out of rhythm that the patient is in a life threatening situation.

Source: Sadler Sports & Recreation Insurance

Excess Accident Insurance: First Line Of Defense Against Lawsuits

Fishing Liability Insurance Could Keep Anglers From Being Banned

Fishing Liability Insurance could be just the thing that keeps anglers from being banned from their favorite fishing spot.  The Daily Item in Sunbury, PA (Ken Maurer) reported that Anglers Get Railroaded, Often By Stupidity.  It seems that the parking area/access point to one of the favorite fishing spots on the Susquehanna River, known as “The Poor House”, is owned by Norfolk Southern.  Norfolk Southern has starting getting very strict about trespassing.  The police are even out there now fining people that are trespassing on the property. 

I can understand the point of Norfolk Southern because of the claims that they must see come across the Risk Management desk.  However, there are compromises that can be made.  My suggestion would be for someone from the fishing clubs to go to Norfolk Southern and approach them about using the property.  The standard liability limits are $1,000,000 per occurrence with a $2,000,000 aggregate. These are not expensive policies and Norfolk Southern can be added as an additional insured onto the policy.  You can also let them know that waivers can be signed and kept on file as well.   This is often the make it or break it of using the property of others, especially corporate or goverment owned.

This isn’t just a great idea to use this one access point or piece of property. It can be used for whatever piece of property or access point that the club would use. This will also protect the club itself in the event that you guys were sued. Frivolous lawsuits happen every day and it often isn’t until after something has happened that outdoors clubs realize that they need coverage. 

If you have any more questions about Fishing Liability Insurance, please call our office and speak to Salinda Howell, 800-622-7370 or just send over email.