Alberta Gymnastics Federation A Risk Management and Insurance - - PowerPoint PPT Presentation

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 club, is the “insured” party – the policy will reimburse qualified expenses to that individual The club itself and the AGF are the “insured” parties - policy(ies) will respond to claims and law- suits from athletes & third parties alleging negligence Immediately, the club should provide the injured party with information regarding the benefits, and terms including claim forms to be submitted (AGF Website) Upon receiving notice of such incidents, Toole Peet is to be advised immediately (The AGF is then notified by Toole Peet) Notice should also be given to Toole Peet (depending on the injury, the liability carrier may be put “on notice”) Toole Peet then notifies the Liability Carrier (Markel/Aviva) so a file can be created to investigate and defend The injured party completes the claims forms and submits it to Toole Peet with receipts for out of pocket expenses The insurance carrier will contact the Club/AGF while Toole Peet oversees the claim development Toole Peet Submits the forms to the carrier (SSQ) along with receipts for consideration as they come in Given the degree and complexity of the injury, as well the amount of legal involvement, these claims can take years SSQ communicates findings with injured party If negligence / precedence is proven, 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

• rganization(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
• ccur 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
• f 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

• f 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.