Sports Liability Insurance FAQ’s
5th October 2011
This is intended as a guide for ETTA members only. Should you be in any doubt or require any further clarification then please contact Towergate tlc who will be pleased to assist
Q. Are the club and its management team covered in the event of any claim arising from Public Liability risks to which they may be exposed in managing the club?
The group ETTA liability insurance is provided by a sports specialist insurer – Sportscover – who have over 20 years experience providing cover for Sporting Associations. Public liability cover is provided to all members however, as with all insurances terms, conditions & exclusions apply. Examples of exclusions are wilful destruction and neglect, terrorism and deliberate acts etc. A summary of cover is available on request.
In general, as long as the club managers have acted in accordance with the rules and governance as laid down by the association, then in most circumstances the insurance will respond should you be considered “liable” upon injury or damage. This will include not only the playing and training of the sport, but also the club’s associated social activities.
The clubs insurance policy should be considered as an added protection to your existing care and attention and sensible management of your risks. However, in no circumstances should liability be admitted. This will be for your insurer to handle.
Q. As a club, are our guests covered by the Sports Liability policy?
Yes. It is strongly recommended that their names are recorded in a visitors’ book to ensure that you have a have an accurate record of a Guests attendance. This will provide insurers with valuable assistance in handling any claim made against you.
Q. Are “pay & play” or “taster session” players covered by the Sports Liability insurance? If not, does this jeopardise the clubs insurance cover?
“Non members” are not insured under the ETTA policy for claims against them. This “social risk” is commonly insured by their own home insurance.
If one of these individuals decided to take an action against the club for injury or damage then the Sports Liability policy would indemnify the club if liability was established.
Q. I am an ETTA licensed Coach, how am I covered by the Sports Liability insurance?
The Sports Liability insurance provides cover to coaches who run sole trader businesses with an annual turnover/income figure below £50,000.
If you employ someone (see notes on Employers Liability) or your annual income (from TT coaching) exceeds £50,000 you will need to arrange separate liability cover, this can be purchased from Towergate tlc, who can be contacted on 01926 439439 or email: etta@towergate.co.uk
Q. Do we always need a licensed coach present?
A licensed coach should be present at all times during official club training/coaching sessions. It is not necessary for a licensed coach to be present during open play or competitions, although a qualified first aider should be present.
Q. I only coach once a week in the same school, for the last 30 years, why do I need a Coach Licence/Qualification/Insurance?
As the National Governing Body for Table Tennis, the ETTA have a duty of care to ensure that adequate protections are in place for all involved in the sport
Included within your coach licence is “sports liability” insurance protection for your public & professional liability to others for any injuries or damage to their property caused as a result of your table tennis coaching activities. The level of cover provided is up to £ 5 million for any one incident
Q. If a third party is hiring our club premises are we still covered by the Sports Liability insurance?
Yes, the policy (subject to terms and conditions) will provide cover to the club for your legal liability in respect of claims that are made against the club for injury, loss or damage that arise out of the club’s negligence. The policy does not provide any form of indemnity to the hirers in respect of their own legal liability.
The third party should be requested to provide evidence of their own public liability insurance to ensure that it is current and to an acceptable limit of indemnity.
Q. When do we need Employers Liability (EL) insurance?
You are required by law to have Employers Liability insurance for people who you employ. People who you normally think of as self-employed may be considered as your employees for the purposes of Employers Liability insurance. What matters is the nature of your relationship with the people who work for you and the degree of control you have over the work they do.
In general, you may need employers’ liability insurance for someone who works for you if any of the following apply -
- you have the right to control where and when they work and how they do it
- you supply most materials and equipment
- you have a right to any profit your workers make although you may choose to share this with them through commission, performance pay or shares in the company. Similarly you will be responsible for any losses.
- you deduct national insurance and income tax from the money you pay them
- you require that person only deliver the service and they cannot employ a substitute if they are unable to work
- they are treated in the same way as other employees, for example if they do the same work under the same conditions as someone you already employ.
You may contact Towergate tlc for a no obligation quotation for your EL cover. Towergate tlc can be contacted on 01926 439439 or email:etta@towergate.co.uk
Q. What other covers are available which are not included within the group Sports Liability policy ?
Amongst the main covers which should be considered are :-
- Employers Liability (see above)
- Personal Accident & Injury
- Loss/damage to Premises or Contents that you own (including TT tables)
- Directors & Officers Liability
You may contact Towergate tlc on 01926 439439 (email: etta@towergate.co.uk) for a no obligation quotation on any of these covers.
Q. Who can be considered to be a Volunteer?
A volunteer is a person who offers their services free of charge or without any form of reward and is engaged by the Club, league or regional association. At club level this could be a person who is helping the club at a social event, helping with the refreshments. Volunteers are included & indemnified by the ETTA Sports Liability cover.
Q. If our club employs an Independent Contractor to carry out some maintenance/ alterations at our club are we covered by the Sports Liability policy if the Contractor causes Injury or damage to a Third Party or their property?
As the contractor is independent then they should carry their own third party liability insurance (Public Liability) in case they injure someone else or damage their property. We recommend that the club requests sight of the contractors’ Insurance certificate.
If however, the contractor were personally injured and decided to sue the club or a member for the injuries they have sustained, the policy would indemnify the club or club member for any liability (subject to policy coverage, terms and conditions)
The situation would be different if the contractor is considered to be an employee of the club, if this were the case then Employers Liability Insurance should be purchased.
Q. Does our policy cover us for the use of our equipment (Tables, Floodlights, nets and courts) by the nearby school to teach children T.T. as part of their educational curriculum?
Yes. However, you should ensure that equipment is maintained, periodically inspected for defects & known faults repaired where necessary prior to loaning.
Q. Who can claim on this Insurance? Is it a Public Liability Policy covering claims by the public as a whole, or are there constraints or exclusions on who can claim?
The insurance is a “public liability” policy – i.e. anyone who is not a policyholder can make a claim. In addition to this a club “member” is entitled to make a claim against another “member” in the event of bodily injury sustained.
Q. Are our club members (playing at home or away) covered for claims made against them ? How would the “away” team fare if the incident was caused by them?
Your members are covered equally for home and away matches, including “member to member” liability.
As far as the opposing team are concerned, if they are an ETTA affiliated club then their members will be similarly covered. If they are not ETTA affiliated you should check that they have Public Liability insurance in place (a minimum limit of indemnity of £5,000,000 is recommended)
Q. How is the club management covered for claims brought about or made by other groups using our equipment or facilities, which may or not be for a fee?
Any claims for injury or damage arising out of the club’s negligence would be covered by your ETTA Sports liability insurance. Please see comments above regarding maintenance of equipment. We recommend that you ask for evidence of their public liability insurance, in case they damage your equipment (or injure your members).
