Archive for the ‘Certificates Of Insurance’ Category

School Facility Use Liabilities

Sadler partners with schools and districts to assist in lowering liability risks

There are critical aspects of risk management for organizations that permit the use of their facility to outside groups. The video below offers detailed information on the following:

  • Why facility user groups expose schools to a huge liability potential.
  • Why users such as camps, teams, leagues, special event operators, and tournaments must carry their own insurance.
  • Why not just any insurance will adequately protect schools.
  • How to set reasonable minimum insurance standards to shield the school’s own liability insurance from paying unnecessary claims
  • Provides a specific webpage that is a reputable source of high limit, high coverage sports insurance to which facility users can be referred to INSTANTLY bind coverage and issue certificates of insurance naming school as Additional Insured.
  • How we can set up your school/school district on our automatic certificate of insurance issuance system to meet your special wording requirements every time. Nothing is more frustrating than having to tell a facility user that their insurance does not meet your requirements.
  • All of the above speeds the process and reduces hassle and frustration for all parties involved.

Insurance Requirements for Rec Facility Users

Reduce liability exposure with proper collection of certificates of insurance

Facility user groups such as teams, leagues, tournament hosts, camps, instructors, and special event operators must carry adequate insurance. In addition to providing the proper coverage, Sadler Sports Insurance can assist you in reducing your liability by:

    • setting minimum insurance limits and coverage standards that adequately protect the recreation department
    • providing a simple free checklist tool to assist in verifying insurance compliance
    • referring uninsured facility users to a specific web page where they can get an instant quote,  instantly pay, and bind coverage  without any delays or hassles. Their delays and hassles become your delays and hassles.
    • setting your recreation department up in our system so that the certificates of insurance meet your special wording requirements every time, which cuts down on your frustration over certificates that don’t meet your requirements.

The video below walks you through the process in more detail.

League Insurance Carrier Tries to Deny Injury Claim

Certificate of insurance was key in court ruling

A General Liability policy was taken out under the name of Northeast Youth Football League and its member teams. A certificate of insurance evidencing “additional insured” status was issued on behalf of a member team to the field owner as required by agreement. Another member team wanted to use the fields and the same certificate of insurance was submitted. A spectator was injured in a fall from a bleacher during a game played by the second team. Great American E&S Insurance Company denied the claim and sought a declaratory action for its responsibility to pay for the injury.

Certificate of INsurance

Sample Certificate of Insurance

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, who 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.

Source: Rough Notes, February 2010