Rotary insurance information 021413
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U.S. Rotary Club & District Liability Insurance Program
Timothy A. Lundell
District 5170 TrainerCourtesy of Peter W. Griffith CPCU, ARM
District 5340 Insurance Chair
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Overview
Resources
Insurance Coverage
• Exclusions
Certificate of Insurance
Risk Management – Events/Activities
Insurance Claims
Q&A
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RESOURCESRESOURCES
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Resources: Websites
Insurance Information Portal
• www.locktonportal.com/sites/rotary/resources Username: [as provided] Password: [as provided]
Insurance web page on www.rotary.org• www.rotary.org/en/Members/GeneralInformation/Insurance
• Type “Insurance” in search box on www.rotary.org
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Resources: Broker & RI Risk Mgmt
Lockton
• Toll Free: 1-800-921-3172
• E-mail: [email protected]
RI Risk Management
• E-mail: [email protected]
Availability:
• Monday – Friday, 6:30 am – 2:30 pm, Pacific Time
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INSURANCE COVERAGEINSURANCE COVERAGE
* Nothing in this presentation shall be construed to extend, alter, vary, or waive any of the provisions of the actual insurance policies.
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Coverage
General Liability (“GL”)
Directors’ & Officers’ / Employment Practices Liability (“D&O/EPL”)
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Coverage – GL Insurance
What is it?
• Third Party Claims of Bodily Injury & Property Damage Against Insured
Subject to policy terms & conditions
KNOWLEDGE CHECK:
Who’s a 3rd party?
Anyone who is not considered an insured. Usually refers
to someone who is not a Rotarian or Volunteer.
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Coverage – GL Insurance
Who’s covered? Who’s Insured?• Rotary Club• Rotary District• Rotary Club Foundation*• Rotary District Foundation*• Interact Club• Rotaract Club• Rotary Community Corp.• Certified Youth Exchange Organization• RYLA • PETS
Only U.S. Rotary entities!
*If designated criteria is met
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Coverage – GL Insurance
Who else is covered? Who else is insured?
• Rotarians
• Volunteers
But only with respect to their liability for acts within the course and scope of their duties on behalf of a Rotary Club or District.
There’s no coverage when a Rotarian or volunteer gets hurt or has their personal property damaged.
KNOWLEDGE CHECK:
A Rotarian has a hernia while working on a Club project’s
construction site and receives medical care. Is there coverage?
No.
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Coverage – GL Insurance
Policy Period:
• 1 July – 30 June
Policy Limits:
• Up to $7,250,000 per occurrence
• That includes $250,000 self insured retention
KNOWLEDGE CHECK:
Would a Club have to pay a deductible when there’s a claim? Nope.
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Coverage – GL Insurance
Liquor Liability
Non Owned & Rented Auto Liability
• This is EXCESS coverage
• Does NOT provide coverage in Mexico
KNOWLEDGE CHECK:
Does this insurance cover a caterer hired to serve alcohol at our event?
No!
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Coverage – D&O/EPL Insurance
What is it? • D&O - Claims Against Directors & Officers for Alleged
Wrongful Acts
• EPL - Employment and Membership Claims
Subject to policy terms & conditions Does not cover bodily injury or property damage
(GL Insurance)
Why D&O?
Why EPL?
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Coverage – D&O/EPL Insurance
Who’s covered? Who’s Insured?• Rotary Club• Rotary District• Rotary Club Foundation*• Rotary District Foundation*• Interact Club• Rotaract Club• Rotary Community Corp.• Certified Youth Exchange Organization• RYLA • PETS
Only U.S. Rotary entities! Same list as GL insurance!
*If designated criteria is met
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Coverage – D&O/EPL Insurance
Who else is covered? Who else is insured?• Director• Trustee• Officer• Rotarian• Employee• Committee Member
But only with respect to their liability for acts within the course and scope of their duties on behalf of a Rotary Club or District.
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Coverage – D&O/EPL Insurance
Policy Period:
• Will be same as Rotary Year, 1 July – 30 June
Policy Limits:
• Up to $2,025,000 per claim
• That includes $25,000 self insured retention
KNOWLEDGE CHECK:
Does the Club or Club officer have to pay a deductible when there’s a D&O claim? Nope.
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Insurance Not Provided
Crime (a.k.a. Fidelity Bond, Employee Dishonesty Bond)
Property
Workers’ Compensation
Health, Travel
Aircraft, Auto, Watercraft
KNOWLEDGE CHECK:
Student in Central America on service project gets sick from
drinking tap water. Is there coverage for their
medical care?
The individual’s orfamily’s health or travel insurance should apply.
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Coverage Territory
GL
• Worldwide, BUT Claim/Suit must be brought or lawsuit filed in the
U.S., its territories and possessions, or Canada
D&O/EPL
• Worldwide, BUT Only when legally permissible
KNOWLEDGE CHECK:
Individual from Haiti files a lawsuit against a U.S. Rotary Club in the U.S. alleging they’re responsible for their
bodily injury. Is there coverage?Yes, assuming no
other exclusions apply.
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EXCLUSIONSEXCLUSIONS
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Exclusions
No Negligence!
Not covered! Must be at fault!
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Exclusions
Acts or Omissions of Non-Insured Entity
Liability insurance for Rotary only. Ensuring that others carry their own insurance is essential.
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Exclusions
Property in the Club’s Care, Custody, and Control
GL insurance provides coverage for 3rd party property damage, but not if in care, custody, or control of Club.
FORE!
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Exclusions
Expected or Intended Injury
No coverage for individual. Vicarious liability coverage for insured Rotary entity.
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Exclusions
No “Med Pay” for Insureds• $5,000 is available to pay for injuries without
having to prove fault.
No “Med Pay.” Rotarians are an Insured.
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Exclusions
No “Med Pay” for Athletics
• $5,000 is available to pay for injuries without having to prove fault.
Must be at fault!
Use waiver/release forms!
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Exclusions
Aircraft
Not covered. Hot air balloons are aircraft.
Non-Owned Aviation Liability for events with aircraft.
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Exclusions
Owned Autos
Commercial Auto Insurance Not Provided
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Exclusions
Watercraft
• No coverage if… Owned by Club or District Used to carry persons or property for charge Longer than 51 feet Prearranged racing, speed, demolition, or stunting
activity
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Exclusions
Mobile Equipment• Golf Cart
• Trailer
Exclusions• When transported by auto
• Prearranged racing, speed, demolition, or stunting activity
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Exclusions
Professional Liability
• Medical/Dental
• Finance/Accounting
• Architecture/Engineering
KNOWLEDGE CHECK:
As District Insurance Chair, I provide incorrect insurance information that
leads a Club to suffer financial damages. Club sues me. Am I covered?
No.
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Exclusions
Fireworks
• No coverage for… Transportation Delivery Storage Set-up Detonation Takedown or Cleaning
Vicarious liability coverage for insured Rotary entity
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Exclusions
Intellectual Property Infringement
• Copyright
• Patent
• Trademark
• Trade Secret
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Restriction - Large Events
25,000 attendance (cumulative)
Organized by Rotary
Requirement to notify RI Risk Management
Requirement to obtain separate liability insurance for the event
KNOWLEDGE CHECK:
Club has organized 3 day weekend festival with 10,000 attendance per day. Notify RI?
Yes, and separate event insurance req’d.
KNOWLEDGE CHECK:
Club operates beer booths at a 10-day City-run event with attendance over 200,000. Notify RI?
Nope.
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Coverage for Additional $$$?
Can the liability insurance program be endorsed for an additional charge to provide coverage when it’s excluded?
• No.
Additional insurance is not available for purchase through RI. • Contact a local insurance professional!
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CERTIFICATE OF CERTIFICATE OF INSURANCEINSURANCE
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Certificate of Insurance
What is it?
• Proof of insurance
When to provide it?
• Only when specifically requested or contractually required
Why is it being requested?
• Without proof of insurance, no permission to have event/activity
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Certificate of Insurance
Where is it?
• Insurance Information Portal
• Insurance web page on www.rotary.org• Type “Insurance” in www.rotary.org search box.
• Insurance Broker (Lockton) 1-800-921-3172
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Certificate of Insurance
How to complete?
• Edit 2 boxes: Date Certificate Holder
• Save to computer or Print
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DATE BOX
CERTIFICATE HOLDER BOX
Policy Info
Insured Box: All U.S. Rotary Clubs & Districts
Description Box
Policy Info
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Certificate – Additional Insured
What is it?
• Additional Insured status provides limited insurance protection to another entity.
Why is it being requested?
• Becoming an Additional Insured on another’s liability insurance policy can protect that entity from using their own liability insurance.
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Certificate – Additional Insured
Additional Insured Status (Description Box)
• Subject to policy terms & conditions
• Automatic if required in written contract
• Only to the extent the Club or District is at fault for bodily injury or property damage
Additional Insured Endorsement
• Contact Insurance Broker Provide copy of written contract to Broker.
KNOWLEDGE CHECK:
Event attendee gets hurt, makes a claim against venue (who is an Additional
Insured on Club’s policy). Injury is from venue’s negligent maintenance. Are
they covered as an Additional Insured?
Venue’s own liabilityinsurance should respond.Report matter ASAP to RI Risk Management.
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Certificate – Common Issues
Certificate of Insurance Accepted Nationwide
• BUT sometimes not…
Verbiage Issues Coverage Not Provided Proof of Insurance – Non Rotary Entity Waiver of Subrogation
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RISK MANAGEMENTRISK MANAGEMENT
EVENTS/ACTIVITIESEVENTS/ACTIVITIES
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Risk Management
Loss Control Guidelines
• Insurance Information Portal
Insurance Broker & RI Risk Management“An ounce of prevention is worth a pound of cure.”
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Risk Management
Ask and answer “what if” questions
• Well communicated and coordinated plans
• Don’t assume anything!
Common Sense & Due Diligence
Read and understand the contract!
• Know what you’re signing!
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Risk Management
Involve Local Legal Professionals
• Don’t sign anything without legal review!
• Don’t accept unreasonable contractual provisions!
• Written contracts – participants, volunteers, vendors Waiver/release form, permission slip
Involve Local Insurance Professionals too!
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Risk Management
Managing Others:
• Vendors & Other Contractors
Written Contracts
• Indemnification and Hold Harmless Agreement
Insurance Requirements
• Certificate of Insurance
• Additional Insured Endorsement
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Risk Management
Managing Others: • Participants
• Volunteers
Written Contracts• Waiver/Release Form
• Permission Slip - Youth
• Indemnification and Hold Harmless Agreement
Insurance Requirements• Proof of Insurance
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Risk Management – Youth Travel
Example: Service Project–Youth Volunteers
Fully examine project site’s risks
Follow all applicable laws
ReviewReview RI Code – 2.110.4 RI Code – 2.110.4 Travel by YouthTravel by Youth
Review RI’s Abuse and Harassment Prevention Training Manual
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Risk Management - Athletics
Example: 5K Run/Walk Event
Insurance Information Portal – Loss Control Guidelines
Local legal counsel review of written contracts
Waiver/Release Form
Ensure route is hazard-free
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Risk Management - Fireworks
Example: 4th of July Fireworks Display
Diligently select Fireworks Producer
Involve local legal & insurance professionals
Fireworks Producer must provide:
• Certificate of Insurance
• Additional Insured Endorsement
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Risk Management – Co-Organizer
Example: Co-Organized Event
Due Diligence
Involve local legal & insurance professionals
Co-Organizer must have liability insurance
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Risk Management – Parks
Example: Community Park Maintenance
Involve local legal counsel
Clearly understand duties and have a plan
No indefinite responsibilities
No responsibilities better handled by others
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CLAIMSCLAIMS
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Claims Immediately Report to RI Risk Management
• Claim Form: Insurance Information Portal Insurance Page – www.rotary.org
Do not try to handle claim on your own
• Do not voluntarily make payment or settlement
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Claims Insurance assessments fluctuate based on
insurance claims.
Incentive to make risk management and safety a priority.
A dollar saved on insurance, is a dollar that can be used by someone who really needs it!
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RESOURCESRESOURCES
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Resources - Websites
Insurance Information Portal
• www.locktonportal.com/sites/rotary/resources Username: Rotarian Password: Resources#1
Insurance web page on www.rotary.org• www.rotary.org/en/Members/GeneralInformation/Insurance
• Type “Insurance” in search box on www.rotary.org
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Resources: Broker & RI Risk Mgmt
Lockton
• Toll Free: 1-800-921-3172
• E-mail: [email protected]
RI Risk Management
• E-mail: [email protected]
Availability:
• Monday – Friday, 6:30 am – 2:30 pm, Pacific Time
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Q&AQ&A
Thank you!Thank you!
Let’s be careful out there.
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RI Code: 2.110.4. Travel by YouthRecognizing that Rotary clubs and districts are encouraged to undertake activities that develop theNew Generations, club and district programs or activities that involve minors undertaking traveloutside their local community must develop, maintain, and comply with youth protection policiesand written procedures.
Clubs and districts:1. shall obtain written permission from the parents or guardians of all youth participants fortravel outside the local community in advance;
2. shall provide parents or legal guardians with specific details about the program, location ofevent, travel itineraries, sleeping accommodations, and contact information for programorganizers before departure;
3. should, when traveling 150 miles away from home residence or out of home country, requirethe parents or legal guardians of each minor to provide travel insurance for the minor, whichincludes such coverages as medical (when traveling outside home country), emergencymedical evacuation, repatriation of remains, and legal liability, in amounts satisfactory to theclub or district organizing the activity or event, with coverage from the time of the minor’sdeparture from home until the return home.
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For a foundation of a Rotary club or district to be covered as a Named Insured Entity, it must meet all of the following criteria:
· Be 100% controlled by a U.S. Rotary club or district;
· All of its principals, officers, and board members must be members, other than honorary members, of a Rotary club;
· Be income tax exempt under section 501(c)(3) of the Internal Revenue Code;
· Operate with the sole purpose of raising funds and giving monetary grants to other charitable organizations and/or individuals;
· Does not operate programs, charitable or otherwise.