CLAIMS& COVERAGES

for indoor inflatable centers

- Claims in the indoor inflatable world

TODAY WE WILL REVIEW

- Causes of incidents

- Insurance coverage's you should have and why

- What to do in case of an incident

Let's look at what will ruin your business...Brother jumped on claimant’s back inside boxing ring causing fall. Insured is 100% liable in this case. There were 4 people in the bouncer while 2 of the 4 were boxing. There is a maximum of 2 allowed when the bouncer is being used for boxing. There was rough housing going on, and the smaller kids were being thrown around hazardously. The employee nor the other boxer had on helmets. The little kids were allowed to jump on them, etc. The attendant interacted and participated in this activity. Lack of proper supervision, failure to enforce and follow rules, creation of hazardous condition.

Claim closed and settled at

$180,000Previous premium at $5170.00. Currently estimating upcoming year premium to be around $50,000-$60,000

Claimant was an adult who was told he couldn’t play on the child slide but kept doing so. When coming down the slide, adult tried to jump off the slide and broke ankle/leg. Attorney alleges no signage stating no adults on the slide. Insured also doesn’t have daily inspection/safety checklist that shows inflatables were operational. Insured also didn’t require any parent or child to sign waivers.

Adult Injury on Child’s Equipment

Expenses paid $844.

Claimed closed with

payout of $115,000

Previous premium at $3500. Current premium is at $10,500

Child was just walking to go into bouncer and fell on his head. Claimant’s mother alleges that floors were slick and wet and child was wearing socks as required by Indoor Center. Child was taken to hospital later that evening.

Slick Floors Incident

Current Reserve is at $25,000

Previous premium $5894.00

Current Premium at $10,412

5Causes of

Claims

TOPLack of Trained Supervision

Overloaded Inflatables

Not Tethered Properly

Sudden Deflation

Maintenance

It all starts out as fun...

WHAT'S WRONG WITH THIS PICTURE?

Claim settled and closed at $50,000

Previous premium is at $5963.00

Currently at $73,796

Insured used to put blower too close to slide. Claimant fell from exiting slide and hit her head against the wall and her lower back against the blower. Design on Inflatable was to put blower close and Manufacturer was put on notice. Attorney also alleged not enough signage. 

Blower too close incident

Claimant’s mother alleges that child was ejected from the obstacle course. The walls of the inflatable were considered short by the adjuster but is compliant with industry standards. The inflatable is a small course for toddlers that have blow-up dinosaurs inside. Kids would play and get on the dinosaurs. Child was ejected from the inflatable when another kid was inside the obstacle course jumping. Child hit the wall since it was against the wall and landed on her arm. The adjuster would normally decline as this is can be considered a product liability from the manufacturer. But since insured had similar incidents on the same exact inflatable, negligence is on the insured.

Expenses paid $3571 Claimed closed with payout of $28,625

Previous premium was at $2244

Current premium at $6300

Poorly Designed Inflatable

Attorneysgotta have them...

So you want to know what causes your insurance to increase?

Hmmm...see any similarities?Remember there are sharks in the water everyday!

Consider today's class your shark net

Attorneys Smile

What drives the price of insurance?

Claims Frequency

Severity of Claims

Volume of Premium

Availability of Markets

Glad you asked,

here are just a few…

Commercial Auto

Health Insurance

Disability Insurance

Life Insurance

General Liability

Professional Liability

Inland Marine

EPLI

Worker’s Compensation

What kind of coverage do I need?

General LiabilityWhat the heck is General Liability?

2

3

1 Coverage is provided for claims of bodily injury or property damage liability on your premises or at your customer's location.

Important Note: Remember that some policies may exclude Errors and Omissions type claims related to the delivery of your professional services.

You may need excess coverage or umbrella coverage.

Abuse and Molestation Coverage

Do you have

attendants with your

equipment?

Do you deal with children?

Do you have an Indoor

Center?

Do you have video cameras

on all angles?

Do you have

training for sensitive issues?

Do you have

a written procedures

manual?

Why Abuse and Molestation Coverage is important today!

1

2

3

4

Hmmm...Molestation

It is a claim you can’t defend

It is an open check book for your attorney

It will probably ruin your reputation personally and as a business

It could financially bankrupt you defending your innocence

Property or Inland Marine Coverage

2

3

1This provides coverage for your business property for fire, theft, vandalism on premises, or if Inland Marine while off premises

Covers computers, office equipment, inventory etc.

This does NOT provide coverage for equipment of others rented or borrowed

4 If you have a loan on it, it must have this coverage

Commercial AutoYou need to think about this...

1 This coverage provides liability, medical, uninsured motorist, under insured motorist, collision, comprehensive, rental car reimbursement and towing. Trailers also.

2 Your personal auto policy has a “business use” exclusion

3 Make sure that you have non-owned/hired auto on the commercial auto policy or general liability policy

If you use your vehicle in the course of business, you need to have a commercial auto policy. If you do any delivery, if you are picking up customers etc. If you just use your vehicle to go to do proposals to drive to site, you can get a business endorsement on most personal auto policies that will cover you.

5

4 Make sure your agent gives you something in writing that states your personal auto coverage protects you while using your car in your business.

Hired auto coverage protects your business if you or an employee rents a vehicle in the company name and an accident occurs. Non-owned coverage protects the company if an employee has an accident in his or her own vehicle while on company business and the employee’s personal insurance is inadequate to cover the claim, resulting in a suit against your company.

6

Non-owned Auto/Hired Car

Make sure you add your trailers

Excess Accident Medical

2

3

1 This coverage provides medical insurance above the customer’s existing personal medical insurance if any, for medical bills that are incurred from a covered injury.

Most limits start at $10,000 and can go to $100,000 per occurrence.

There does not need to have negligence proven by a lawsuit.

Workers Compensation

2

3

1 This coverage is for employees.

Does not cover YOU.

Mandatory in most states.

4 Does not cover sub contractors.

Workers Comp Coverage is used to comply with the Workers Compensation Coverage required by your state law. Under this requirement, an employee can be compensated if he or she is injured while working for you, regardless of your negligence as an employer.

COVERED

COVERED

NOT COVERED

EPLI Coverage

2

3

1 Employment Practices Liability Insurance

EPLI covers businesses against claims by workers that their legal rights as employees of the company have been violated.

The number of lawsuits filed by employees against their employers has been rising. While most suits are filed against large corporations, no company is immune to such lawsuits.

Employers Practices Liability Insurance

Types of EPLI Claims

Defense Cost From

$$

SexualHarassment

Discrimination

Failure to employ or promote

WrongfulTermination

Breach of employment

contract

What to do in case of an incident

If there is an injury involving an entertainment device do the following:

Collect inspect and preserve the item

Preserve product in current condition

Collect statements from spectators and employees

Take pictures

Collect field records Collect product records

Store in neutral site Notify insurer immediately

How long should you retain documents?

Unless it is a minor…

Tips to minimize your exposure

Have trained employees

Follow safety guidelines EVERY time Have correct signage

Have correct wording in your waivers

Do not copy someone else’s waiver and contract from the internet

www.cossioinsurance.com

864-688-0121