Excess Accident Insurance: First Line Of Defense Against Lawsuits

Category : Accident Insurance, Recreation Departments, Sports Camps / Clinics, Sports Tournaments, Teams / Leagues

Sports 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

Fishing Liability Insurance Could Keep Anglers From Being Banned

Category : Outdoors Insurance, Risk Management

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.