General Liability (including Professional Indemnity)
Who is the insurer?
This product is administered by Sportscover Australia Pty Ltd under an authority from certain Underwriters at Lloyd’s.
What is the Period of Insurance?
31st December 2007 at 4pm Local Standard Time to 31st December 2008 at 4pm Local Standard Time
Who is covered under this policy? (The Insured)
All Australian Netball Association T/as Netball Australia, Northern Territory Netball Association Ltd (NT Netball), Queensland Netball Association Inc (Netball Queensland), South Australian Netball Association Inc (Netball SA), Tasmanian Netball Association Inc (Netball Tasmania), Victorian Netball Association Inc (Netball Victoria), WA Netball Inc (WA Netball), the ANZ Championship Competition and competing teams and all Affiliations and Associations participating within organised club competitions and coaching clinics of each State and Territory including all members, regional boards, players, officials, volunteers, trainers, umpires, referees, coaches, directors, officers, committees, sub-committees and work experience students including subsidiary or controlled companies now or previously existing or hereafter formed or acquired.
What does this policy cover?
This policy will pay for sums which a club, affiliation, association or member becomes legally liable to pay for compensation in respect of injury or damage.
It covers liabilities that can be incurred both on court and off court. Benefits include:
- Participation Risk
- Where a member, temporary player, official or other person registered and actively engaged in sporting and social activities is injured and takes legal action against the club or association for personal injury whilst playing. This cover is also extended to include participant to participant liability subject to policy terms and conditions.
- Club fundraising and social activities (including bar facilities if owned and/or operated by the club)
- If your proposed activity involves any of the following please contact JLT Sport to ensure that cover can be confirmed with the insurer prior to the activity:- 4WD rallies, jumping castles, water activities, aircraft, fireworks, livestock, rides of any kind, large crowds or events involving security personnel.
- Member to Member cover
- Where one member takes legal action against another member.
- Professional Advice
- The consequences of errors and omissions in advice or service given by coaches (including assistant coaches), umpires, officials, managers and trainers is covered provided that the advice or service is given in connection with the normal activities of the club.
- First Aid Treatment Risk
- Liability arising from the rendering of first aid treatment (excluding treatment provided by a qualified medical practitioner, such as Doctors or Physiotherapists who should carry their own insurance).
- Tenants Liability
- If as a result of the hiring or leasing a premises the club incurs a liability.
- Products Liability
- This relates to products that the club sells, the most common being food and beverages. If these products are contaminated for example, and a third party takes legal action against the club as a result, this section of the policy would protect the club.
- Property in Your Physical and Legal Control
- If you have goods or property entrusted to you and you are held liable for damage to the goods, this extension will cover you to the value of $100,000.
- Property Owners’ Liability
- Covering your liability as an owner of the premises.
- Erection and alteration to buildings
- Providing liability coverage for claims incurred by You as a result of the erection, demolition of and/or alteration or addition to buildings or structures as long as such work does not exceed $20,000. If any erections or alterations to buildings exceeds this amount please contact us to seek our advice before commencing.
- Car Parks
- If your club owns or operates a car park for the use of club members, your policy has been arranged to include this business activity. Cover has also been extended to include your liability for property damage to vehicles in your car park up to a limit of $100,000.
It is stressed that these features have been briefly summarised and therefore you should read the policy document that details the cover, exclusions and conditions.
How much is the cover for?
The limits of indemnity are:
| Public Liability | $20,000,000 any one occurrence Excess – first $1,000 payable by the club and balance up to $10,000 payable by Netball Australia Legal costs and expenses in addition to the Limit of Liability |
|---|---|
| Products Liability | $20,000,000 any one occurrence and in the aggregate any one state association any one period of insurance Excess – first $1,000 payable by the club and balance up to $10,000 payable by Netball Australia Legal costs and expenses in addition to the Limit of Liability |
| Property in Care, Custody and Control | $100,000 each and every occurrence and in the aggregate during the period of insurance. |
What is the Excess?
This policy is subject to a AUD $10,000 excess for each and every claim subject to an annual combined aggregate excess of $50,000 which in the event of erosion is subject to an excess of $1,000 each and every claim.
When and where are you covered?
This policy protects against liabilities any time within the period of insurance and any location Worldwide excluding within the United States of America and Canada.
What are some of the major exclusions in the General Liability policy?
The following are examples of major exclusions within the General Liability policy that could affect you:
- Liability assumed under any contract or agreement;
- Sexual assault, sexual harassment, sexual molestation or rape;
- Liability for losses of any nature directly or indirectly caused by, resulting from or in connection with any act of Terrorism;
- Assault, battery or any intentional or deliberate violence committed or alleged to have been committed by any Insured;
- Erection and alteration to buildings - there is no cover if injury or property damage occurs through the erection, demolition, alteration of and/or addition to buildings or structures if the completion value of these works exceeds $50,000; and
- Defamation, libel, slander or breach of copyright.
Does your cover extend to all club activities?
The policy is intended to cover the “normal” activities of a netball club. In general this includes training, matches, the majority of social functions, canteen, meetings, and the like. Because activities may differ from club to club, those clubs that conduct potentially high risk activities/events such as 4WD rallies, jumping castles, social events with large crowds or events involving security personnel, child minding, water activities, aircraft, fireworks, livestock, rides of any kind, poker machines or any other activity/event you may consider to be “out of the ordinary”, you should contact us prior to commencing the activity. We can then advise you about the extent of the existing cover and arrange additional cover for you if necessary.
Important Information – General Liability
Game Day Checklists are an important part of the General Liability policy under the Netball Australia Risk Protection Program. Completion of these checklists ultimately results in the reduced risk of injury to participants, spectators, organisers and the general public. Please refer to page 28 for further information
Please ensure that you also complete the online Risk Management Training Module.
Where your policy cover is provided by more than one insurer it is important to note that each insurer is only responsible to the extent of their individual subscription and there is no obligation for that insurer to make up the shortfall of any other subscribing insurer in a claim or return premium payment.