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It is clear that all sports and recreation organizations have liability for incidents that occur during scheduled, sanctioned and supervised activities such as tryouts, practice, and play.
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
Fire Damage Legal Liability is a General Liability coverage that is important for sports organizations that lease or rent buildings from a landlord. This coverage is also known as “Damage To Premises.”
This coverage applies in the event that the sports organization’s negligence results in damage to rented premises, by fire or otherwise, and it is sued for damages.
Typical limits for Fire Damage Legal Liability are either $100,000 or $300,00 depending on the carrier.
In the event that the replacement cost value of the building that is leased exceeds the Fire Damage Legal Liability limit, you should either increase your limit or should attempt to negotiate a joint waiver of subrogation provisions to your lease agreement.
Under a joint waiver of subrogation provision, both the landlord and tenant (sports organization) agree that each will rely on their own property insurance to cover their respective property losses and that each will waive the subrogation rights of their property insurance carrier to recoup its claim payment loss via lawsuit against the negligent party who caused the loss.
Source: John Sadler
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