Alberta Gymnastics Federation A Risk Management and Insurance Program Discussion October 18 and 19, 2019 With Neil Hogg & Adam Thomson
Agenda Current State of Affairs Negligence – Standard of Care Risk Management Insurance Coverage Workers Compensation Sanctioned Activities
Current State of Affairs AGF is into its second renewal since nationwide coverage changes Trampoline exposures are restricted by almost all insurance carriers Availability of coverage • Continual Marketing efforts • 2019 Renewal Competitiveness • Some carriers are looking to take advantage of higher premiums (with lacking coverage options/limits) Program versus Non-Program Insurance Policies On the horizon – Maltreatment Policies and Procedures To inquire about insurance, contact AGF.
Our Observations Not for Profits are businesses Consistent approach Claims process – Sports Accident Sustainability Allegations Spectrums of humanity Risk awareness Following prescribed best practices Engagement: Attend Insurance Seminars
Causation Law of Torts - Clary Castrission
Standard of Care (1) Was the attempted exercise suitable to his or her age and condition (mental and physical)? (2) Was ‘the student’ progressively trained and coached to do this exercise properly to avoid the risks? (3) Was the equipment adequate and suitably arranged? (4) Was the performance, having regard to its inherent risks, properly supervised? (5) Were any updated industry standard protocols used? (6) Can it be documented that prescribed standards were followed?
Risk Management Reduction of the Risk Exposure: Loss Control: • Training and Educating Staff and Coaches (techniques/participant readiness) • Policy and procedure regarding participant supervision • Proper use and arrangement of equipment • Warnings of the risk (consent forms, signage etc.) • Communication and responsiveness to incidences • Creation and Following of a D&O Code of Conduct • Access and use of DAS Legal • Documentation / Checklists etc.
Risk Management – Cont… Transfer of Risk to Others: a) Insurance Transfer - Most Common b) Non-Insurance Risk Transfer Waivers/Notification of Risk (important in defense) • Clear and unequivocal language • Must be apparent • Potential injuries should be detailed • A new form must be completed when a participant’s “program” changes E.g. GFA to Provincial
What Happens When an Injury Occurs? Sports Accident Policy General Liability/Excess Liability The injured athlete, as a member of the The club itself and the AGF are the “insured” parties - policy(ies) will club, is the “insured” party – the policy will reimburse qualified expenses to that respond to claims and law- suits from individual athletes & third parties alleging negligence Immediately, the club should provide the Upon receiving notice of such incidents, injured party with information regarding Toole Peet is to be advised immediately the benefits, and terms including claim (The AGF is then notified by Toole Peet) forms to be submitted (AGF Website) Notice should also be given to Toole Peet Toole Peet then notifies the Liability (depending on the injury, the liability Carrier (Markel/Aviva) so a file can be carrier may be put “on notice”) created to investigate and defend The injured party completes the claims The insurance carrier will contact the forms and submits it to Toole Peet with Club/AGF while Toole Peet oversees the receipts for out of pocket expenses claim development Toole Peet Submits the forms to the Given the degree and complexity of the carrier (SSQ) along with receipts for injury, as well the amount of legal consideration as they come in involvement, these claims can take years SSQ communicates findings with injured If negligence / precedence is proven, party then settlement is made
AGF Insurance Program 1) General / Excess Liability Insurance Applies to AGF Sanctioned Activities Only NOTE: Trampoline Limitation: Only competitive program exposure covered 2) Errors & Omission (directors and officers wrongful acts) 3) Sports Accident 4) DAS – Legal Expense
General & Excess Liability Only applies to AGF sanctioned activities $10 million combined limit Pays and defends against allegations of third- party property damage or bodily injury Claims example: Club gets sued as a result of a spinal cord injury • On a trampoline • Competitive/developmental participant • No spotter/supervision at time of injury • No notification of risk complete Result: Reserve set at over $5 million dollars Best practices: Having a certified coach present to supervise (required) and using the AGF notification of risk to aid in the defense.
Errors and Omissions Directors and Officers Wrongful Acts Directors and Officers Liability Insurance is insurance intended to indemnify the directors and officers of a company, or the organization(s) itself, as indemnification for certain damages (losses). Limited coverage provided (Exclusions) Act of Fraud or Dishonesty “An insured having gained in fact any personal profit, or advantage to which such insured was not legally entitled” “Failure or omission on your part to effect and maintain insurance” Defense for Employment Practices
Errors and Omissions Directors and Officers Wrongful Acts Claims example: An employee was dismissed and brought a claim for wrongful dismissal (the employee was pregnant at the time and brought suit via the Human Rights Commission No coverage under the master AGF Policy In this case, a separate D&O policy would be required for coverage
Workers Comp or Not? In the case of Not-for-Profit Entities, WCB is not mandatory Potential options if an employee / volunteer gets injured? Workers Compensation? Employers liability? Negligence test Benefits program or package?
AGF Sport Accident Policy What is Sport Accident Coverage? • Reimburses for out-of-pocket medical expenses resulting from a sporting activity in the gym • Treated as secondary coverage to an Employers plan or Blue Cross. • Principal Sum is $20,000, Accident $20,000 Dental $5,000
AGF Sport Accident Policy Requirements and Conditions • Athlete must see a physician within 30 days of accident. Physician and head coach must sign form. • Complete Medical or Dental along with accident report – Found on AGF Website under Insurance. • Send in original receipts after making copies. • This program has a 52-week indemnity period.
DAS Legal Coverage Provides unlimited access to legal Advice 7 days a week from 8 AM to Midnight Received calls are triaged and call backs occur within 1-3 days Advice is always given, even if your issue is not covered by the policy. We encourage you to call whenever your club has a legal question. There is no limit to the duration or number of calls. Eligible for club presidents only
Sanctioned Versus Non-Sanctioned AGF constitutes what activities are sanctioned Sanctioned Activities are considered to be core to the operations of the various gymnastics disciplines governed by Alberta Gymnastics AGF must have knowledge of the activity AGF must have developed Policy and Procedures around that activity Questions regarding activities you are unsure of should be directed to AGF.
Sanctioned Activities Examples: • Competitions (Regional, National, International) • Trainings • Demonstrations* • Birthday Parties* • Drop-in* • Promotional Activities* • Parent & Tot Programs* • Cross-training* • Facility Rentals* * Examples that exclude trampoline usage
Non-Sanctioned Activities Examples: • Baby Slings • Aerial Silks/Hoops • Circus • Pre-school Programs (Educational) • Gym Sleepovers • Liquor liability • Certain Offsite/Camp Activities* • Cheerleading* • Parkour/Free-running/Tricking/Ninja/Urban Gymnastics* * Examples where context is relevant
Any questions? Thank you for the opportunity to join you today.
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