FAQs for Legal Liability insurance

Q1  What is Legal Liability insurance?

Legal Liability insurance is the generic title for a single insurance policy that embraces the following traditional classes of insurance cover:

• PUBLIC LIABILITY: Accidental bodily injury to third parties and / or damage to third party property arising out of declared gymnastic activities.
• PRODUCT LIABILITY: Accidental bodily injury to third parties and / or damage to third party property arising out of any goods sold or supplied.
• PROFESSIONAL INDEMNITY: Professional Indemnity cover is provided to protect coaches for claims arising out of Errors or Omissions in respect of the professional advice that they give whilst coaching.
• LIBEL AND SLANDER: Includes defamation.
• DIRECTORS' AND OFFICERS' LIABILITY: Protection for club committee members in respect of their personal liability for claims resulting from mismanagement.
• OWNER'S LIABILITY: The policy is also extended to protect against liability arising out of the use, ownership or possession of any club premises.

Cover includes member-to-member liability, meaning that the policy will protect one insured member if another member is injured and claims against them.

Q2  Who is protected by the policy?

Cover is provided to each and every BG registered member, whether they are a gymnast, coach or club representative. Cover is provided for BG affiliated clubs if all members have been registered with BG.

Q3  What is the age limit?

There is no age limit.

Q4  Does it include Public Liability?

Yes – See Q1 above.

Q5  What activities are covered by the policy?

The policy provides cover for gymnasts, judges, clubs and coaches participating in any BG recognised activities in a BG recognised environment.

Q6  What significant exclusions or limitations apply?

• Risks that require more specific insurance, i.e. motor, marine
• Injury to any person employed (including volunteers). (NB. Employer's Liability cover is provided to clubs under a separate section of the policy)
• Loss of, or damage to, property in your custody or control
• Pollution, unless caused by a sudden identifiable, unintended and unexpected incident
• Any legal action brought against the insured in a court of law within the United States of America or Canada, unless you are in USA or Canada representing BG on a official trip
• Fines, penalties or punitive damages
• Damage to products supplied and work and the repair, replacement or recall of same work
• Claims arising out of, or in connection with, asbestos
• Repair of defects in premises disposed of
• Claims arising out of, or in connection with, damage to any data
• Nuclear risks
• War risks
• Deliberate, dishonest or foreseeable acts
• Infringement of trademark name, registered design, copyright or patent right
• Medical negligence
• Abuse - the person accused of abuse / alleged to be the abuser. Claims arising from loss that happened prior to the retroactive date stated in the schedule, which would be the date that your continuous membership first commenced. 
• Incidents / claims known to you but not reported to the insurers immediately

Q7  What is meant by ‘Claims Made’?

This means that the policy provides cover for those claims reported during the period of insurance (rather than the policy that was in force at the time of the incident). Claims made against the BG insurance can only be accepted if your membership is current at the time you first become aware a claim may be made against you. It is therefore essential to understand that if you were not to renew your British Gymnastics membership any claims made relating to unreported incidents to the insurers will be excluded.

Q8  Why do I need £15m limit of indemnity as a minimum?

In the event of a claim your limit of indemnity is the maximum your policy will pay. We believe that £15m is the appropriate amount of cover to provide you with peace of mind in the event that you were held responsible for causing a catastrophic injury. We have already seem claims involving gymnasts that have exceeded £5m.

Q9  Is the limit of indemnity the same for all sections?

No, there is a £1m limit for Employment Practices Liability under the Directors’ and Officers’ section, which protects club officers.

Q10  Why do I need Professional Indemnity cover?

Professional Indemnity provides cover following negligent advice. If you are a coach, this cover will protect you in the event that an injury results from your negligent act or omission in your coaching.

Q11  Why do I need Libel and Slander cover?

There have been cases of members of sports clubs having disputes. Posts on web sites and contained in emails could be potentially libellous, for example, and this section of cover will protect you if it is alleged that you have defamed someone else.

Q12  What do I do if I am involved in an incident?

You should immediately record relevant information concerning incidents involving a fatality, an injury involving either referral to or actual hospital treatment, any allegations of libel / slander, any allegations of professional negligence, i.e. arising out of tuition, coaching or advice given, any investigation under any child protection legislation or any circumstance involving damage to third party property.

If there is a verbal / written allegation against you, you should advise Perkins Slade immediately, and pass on any documentation you may have received.

Q13  Does my cover include any Legal Expenses?

Yes but only for:

• Legal expenses for defence of civil actions
• Legal defence costs are included for the defence of criminal actions brought in respect of a breach of the Health & Safety at Work Act 1974 and Section II of the Consumer Protection Act 1987. The limit of indemnity is £250,000.

Q14  Are there any policy excesses?

There are no excesses.

Q15  Would I be covered for all incidents?

Yes, provided that

• These were incidents following activities outlined in Q5 (and in Q1 FAQs for clubs).
• You reported the incident immediately.
• There is negligence on your part. 

Q16  If I am injured, can I claim from the policy?

No if you are injured you should seek legal advice on how to pursue a claim against the person(s) responsible for causing the injury. However, you may be eligible to claim for your injuries under the BG Personal Accident Policy.

Q17  Does the policy cover anyone who is not defined as UK resident?

Insurance cover is only available to members who have a permanent UK address. Such members are covered for recognised activities in both the UK and overseas (but excluding USA and Canada), provided that any overseas trip is officially recognised by BG.

Any member permanently living abroad is not covered because the policy is subject to UK jurisdiction and the underwriters will not extend cover to permanent overseas residents.

If you have a non-UK resident coming to your club to coach from abroad cover can be arranged. Please contact Perkins Slade to provide details.