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Before signing your insurance
policy, it is very important to verify :
•Occurrence vs. Claims Made - The
distinction is important because in youth sports, it
is possible that a child who is injured at age 6
could wait until age 20 before filing a lawsuit. If
your league purchased an "Occurrence" policy during
the year of the injury, you would have protection
even if the policy is not renewed in later years. On
the other hand, avoid a "Claims Made" policy which
may only protect if the same policy (or a renewal
thereof) was in force both when the injury occurred
and when the claim or lawsuit was filed (which could
be 14 years later). Obviously, "Claims Made"
coverage is extremely risky as it is highly unlikely
that a league would renew a policy with the exact
same insurance company for 14 years in a row.
•Participant Injury Liability -
Avoid policies that don't cover lawsuits arising out
of injury to your sports participants. Believe it or
not, some policies only cover lawsuits arising out
of injuries to spectators.
•Punitive Damages - Almost every
lawsuit that is ever filed will allege that your
volunteers have engaged in "grossly negligent
behavior that is willful, wanton, and reckless" and
will ask for punitive damages in order to provide
extra punishment (not to mention extra fees for the
plaintiff's attorney).
•Abuse/Molestation - The vast
majority of Sports Liability Policies now exclude
Abuse/Molestation, you should buy this coverage back
for an additional charge if it is available. These
types of lawsuits usually result in jury verdicts in
excess of $300,000. Even the innocent board members
are usually sued for failure to screen out sexual
offenders with a criminal background.
•Covered Persons - Your policy
should cover your sports organization, its
directors, officers, employees, and all volunteers.
Also, you should be able to provide coverage for
field owners and sponsors in the event that they
request it. Avoid policies that don't cover all
persons and entities mentioned above.
•Special Coverage For Sports
Organizations That Own Their Own Facilities Or Are
Under A Long Term Lease - Sports Organizations that
fall under this situation are responsible for what
happens on their fields/facilities 24 hours a day,
365 days a year. Unfortunately, most General
Liability policies only cover lawsuits arising out
of sanctioned and supervised activities. Such
policies would not cover lawsuits arising out of
injuries that occur on your premises after hours or
during the off season. This loophole should be
closed by paying an additional charge to have this
coverage added to your policy.
•Limits - Avoid policies that
don't contain all of the component coverages that
are outlined below for bodily injury and property
damage liability:
◦Premises/Operations
◦Products/Completed Operations
◦Personal/Advertising Injury
◦Contractual Liability
◦Independent Contractors
◦Participant Legal Liability
◦Fire Damage Legal Liability
◦Premises Medical Payments
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