COMBINED GENERAL AND PRODUCTS LIABILITY INSURANCE (including ERRORS AND OMISSIONS)
Who is the insurer?
This product is administered by Liberty Mutual Insurance Company.
Period of Insurance?
1 May 2008 at 4.00pm Local Standard Time to 1 May 2009 at 4.00pm.
Who is covered under this policy?
Swimming Australia Ltd and all State Associations including affiliated District Associations, Affiliated Branch Offices and Affiliated Member Clubs. All registered participating and non-participating members, committee members, club directors, club officers, office bearers, talent squads, teachers, coaches past and present, instructors, trainers, masseurs, timekeepers, officers, officials, technical officers, technical officials, all voluntary workers including co-opted volunteers, prospective members for up to four weeks after initial approach and guest swimmers where applicable. Any office bearer or member of an unincorporated or incorporated social or sporting clubs, welfare organisations or child care facilities affiliated with the Insured and/or formed with the consent of the Insured but only in respect of claims arising from duties connected with activities of any such club, organisation and/or facilities.
Where not already stated in the policy schedule the Insured name is extended to include any executive officer, employee and staff member of the named Insured but only whilst acting within the scope of their duties in such capacity.
What does this policy cover?
This policy will pay for sums which the Insured becomes legally liable to pay for compensation in respect of personal injury or property damage first happening during the Period of Insurance as a result of an Occurrence in connection with the Insured’s Business.
It covers liabilities associated principally but not limited to administration, organisation, promotion, product sales, office occupiers and all activities associated with the sport of Swimming.
The Errors and Omissions section of the policy will pay for sums which the Insured becomes legally liable to pay for claims arising from negligent acts, errors or omissions subject to the policy terms, conditions and exclusions.
How much is the cover for?
| General Liability | $20,000,000 any one occurrence |
|---|---|
| Products Liability | $20,000,000 any one occurrence and in the aggregate any one period of insurance |
| Errors and Omissions | $10,000,000 any one occurrence and in the aggregate any one period of insurance |
| Specified Property in Care, Custody and Control | $100,000 each and every occurrence and in the aggregate any one period of insurance |
What is the Excess?
$1,000 each and every claim (costs inclusive).
When and where are you covered?
This policy protects against liabilities at any time within the period of insurance Worldwide with the exception of the United States of America and Canada*.
*Provided that this does not apply to claims and actions caused by an employee of the Insured who normally resides in Australia while such employee is temporarily travelling on behalf of the Insured outside Australia.
Important Information – Errors and Omissions
The Errors and Omissions section of this policy is written on a Claims Made Basis. This means that this part of the Liability cover provides cover (subject to its terms and conditions) for claims which are first made against you and immediately notified to the insurer in writing during the period of insurance, subject to the retroactive period.
We strongly recommend that you implement a program to ensure that all claims are identified and notified immediately and within the period of insurance as no claims can be made after expiry of the period of insurance.
Where you become aware of facts or circumstances that might give rise to a claim, you should forward to us a notice in writing outlining those facts or circumstances immediately and before expiry of the period of insurance. We will forward the notice to the Insurers on your behalf. Delay in notifying the insurer or failure to provide all relevant facts could result in the claim being denied.
What are some of the major exclusions in the policy?
The following are examples of major exclusions within the Combined Liability section that could affect you:
- Liability assumed under the terms of a contract, agreement or warranty.
- Sexual assault, sexual abuse or sexual molestation of any child;
- Liability for losses of any nature directly or indirectly caused by, resulting from or in connection with any act of Terrorism;
- The erection, demolition, alteration of and/or addition to buildings by or on behalf of the Insured except for contracts not exceeding in cost the sum of $500,000 or 10% of the Limit of Indemnity whichever is the lesser.
- Liability directly or indirectly arising out of or in any way connected with the ownership and/or operation of any licensed premises or the like whose sole purpose is to operate as a licensed premises or the like.
- Liability directly or indirectly caused by, arising out of or in any way connected with drug testing.
The following are examples of major exclusions within the Errors and Omissions section that could affect you:
- Dishonest, fraudulent, criminal or malicious act or omission;
- Liability arising from or in connection with advice, design, consultancy, specification, formulae or supervision given or undertaken by the Insured not in relation to the Insured’s Products or Services, or for a fee.
This is a summary of cover only and does not purport to contain all policy terms, conditions and exclusions. Please refer to the policy wording for full details.
Please note that in some cases the cover available is broader than the cover outlined in the Standard Policy Wording. Please contact JLT Sport for further details.
