THE MARKETPLACE INSURANCE 
AND FINANCIAL SERVICES INC. 

presents

Insurance Handbook©

FOR CLUBS OF CROQUET CANADA
2003 - 2004

THE MARKETPLACE INSURANCE AND FINANCIAL SERVICES INC administers the Insurance Program Service. The Marketplace is a specialty insurance brokerage specializing in developing products and coverage to meet the diverse and complex needs of organizations from coast to coast.

TABLE OF CONTENTS

Section One: Overview of the Insurance Program
Section Two: Liability Program
Section Three: Sport Team Group Accident
Section Four: Claims Procedure
Section Five: Other Releases


THE MARKETPLACE Insurance and Financial Services Inc herein administer the Insurance Program. The Marketplace is a specialty broker in developing products and coverage’s to meet the diverse and complex needs of organizations from coast to coast.

"All I wanted to do was coach and have fun by being involved. In the past, I had to worry about liability insurance and protecting myself. It has taken the fun out of volunteering and being a part of a sports organization".

In the past and now more than ever, legal expense is a major concern to coaches, trainers, managers, umpires, directors of clubs, administrators plus other registered volunteers involved in our sport.

To aid us in this dilemma, CROQUET CANADA has entered into agreement with THE MARKETPLACE Insurance and Financial Services Inc. Our joint objective is to insure members in good standing with a Comprehensive General Liability Policy plus Sports Accident Package.

The limit of our liability coverage is as indicated by the policy. Coverage under this liability policy will insure the following participants while participating in the organizational activities and events.

1. Participants (ATHLETES)
2. Coaches 
3. Instructors
4. Managers & Trainers
5. Club Officials
6. Volunteers
7. Administrators
8. Registered Officials but ONLY for CROQUET CANADA sanctioned activities involving registered members only.

Coverage under this liability policy is for members in good standing with the CROQUET CANADA and will insure the following participants and activities:

1. Elected Officials of CLUBS (Board of Directors)
2. All activities governed under the Constitution and By-Laws of CROQUET CANADA 
3. Registrants/members who are listed above

For details of coverage and responsibilities please refer to the designated section herein.

Clubs that own or rent their own facilities (buildings and training, etc.) should be aware that there will 
Be exposures beyond the scope of the Insurance Package (please review Optional Insurance Package).


SPECIAL NOTES:

1. In all cases, the master policy held by the CROQUET CANADA will be the governing instrument for clarification of coverage details and deductibles.

2. To maintain insurance protection for clubs, members, teams, all members, participants, instructors, coaches, managers, trainers, etc., must be registered on designated sport named herein forms, irrespective of age or classification and be submitted to the CROQUET CANADA with payment by the appointed deadlines.

3. In all cases, the master policy will ONLY INSURE those that are duly registered members with the CROQUET CANADA; therefore, no coverage is implied or given for any registrant who does any public or private school teams or leagues including college, university or any other educational body not specifically agreed to in writing by the underwriters of this policy(ies).

SECTION TWO: LIABILITY PROGRAM

Compulsory Policy: 

This outline is not a contract of insurance. It is merely a brief description of the various coverage’s. In all cases the provisions of the actual policy riders shall prevail.

The policy is issued to the CROQUET CANADA as the named insured.

The following are included as additional named insureds as long as they remain members in good standing to the 
CROQUET CANADA.

This coverage will pay on behalf of the insured (The Sport named herein, the additional named insureds and/or the additional insured persons) all sums which the insured(s) shall become legally obligated to pay as compensatory damages for actual bodily injury or occurrence property damage.


Limits:

The total limits of liability, exclusive of defence costs, for any one occurrence, no matter how many insureds are involved are outlined in your policy.


General Coverage Description for Clubs:

The Clubs and their members duly registered with the CROQUET CANADA are protected against its legal liability for actual bodily injury or occurrence property damage to participants, spectators and other members of the public and to their property arising from organizational activities and events usual to the sport.

The Clubs and their members duly registered with the CROQUET CANADA are also protected against such injury or damage caused by directors, participants, coaches, other club members and volunteers while acting on behalf of the Club.

Examples of situations that the policy would normally respond to are:
- suits by spectators and/or other non-participants should they suffer injury caused by negligence of any named insured and/or insured person

- suits by participants, coaches, instructors, officials, etc. against any insured and/or insured persons

- use of rented premises for meetings, practices and meets


Deductible: There will be a $500.00 deductible for any property damage caused by the negligence of the insured, the additional insureds or the additional insured persons.

Coverage:

The basic liability policy has been enhanced to include:
Elevator coverage, owners protective liability, products and completed operation, voluntary medical payments, blanket written contractual liability, cross liability, incidental medical malpractice, pollution liability exclusion endorsement, advertising injury liability endorsement, contingent employers liability, non-owned automobile, blanket tenants legal liability, personal injury endorsement, broad form property damage endorsement, world wide liability protection as well as legal liability for bodily injury or death to spectators and other members of the public and accidental damage to their property arising from any sanctioned activity.
Some examples of liability coverage as added by endorsement:
Voluntary Medical Payments: Reimburses others for their medical expenses if they are injured as a result of club or Provincial Association activities even when not legally responsible. Limits are $10,000. per person.

Incidental Medical Malpractice: Protection for rendering "first aid" to an injured person in the course of your activities.

Personal Injury: Protection if someone sues for such happenings as false arrest, defamation of character, wrongful eviction, violation of the right of privacy or occupancy, false advertising.

Non-Owned Automobile: Protection against legal liability arising from an accident when someone is driving his or her own vehicle on behalf of the Provincial Association, Club or team. Coverage is for the legal entity not the person driving the vehicle. NOTE: We strongly recommend the individual person purchase additional coverage to protect him or herself. If renting a vehicle, we strongly recommend that additional coverage be purchased through the rental agency (minimum of $2,000,000 Liability Coverage).

Liquor License Liability: Protection against legal liability imposed by the Liquor License Act of the province when hosting an event that includes serving alcoholic beverages. Special Liquor Permit Required and for ANNUAL BANQUETS ONLY. 

Cross Liability: Protection if one insured person sues another for injury or property damage. i.e. a participant can sue a club or The Provincial Association. This clause will not increase the amount of insurance payable for any one occurrence.

Contingent Employers Liability: You are covered if an employee sues you for injury suffered arising out of his work. This coverage is not meant to replace Workmen's Compensation and every effort should be made to place every eligible worker under Workmen's Compensation by all insureds protected under this policy.

Blanket Tenants Legal Liability: All insureds are protected on an all risk basis, should they damage any premises that they temporarily rent for related activities, such as a hall for year end banquet, or that you rent or lease office space or a facility for your own use only, or exhibition and/or booths.
There is a $500.00 per loss deductible that applies to this coverage.

Territorial: You must check the Territorial Classification (Canada or Worldwide).
World Wide Liability Protection: You are protected if you or any other insureds decide to take a team or group of teams off the North American Continent except the suit must be filed in Canada. NOTE: This coverage is limited, therefore we strongly recommend the group or team purchase additional travel insurance, which is offered by THE MARKETPLACE INSURANCE. 

Directors & Officers Protection: Protects the organization and/or its member groups and their Directors, Officers, Coaches and Volunteers for legal liability arising from an act of negligence while such director, officer, coaches or volunteers are in the course of performing their duties as such. 

*** For Directors & Officers Liability Protection - see Optional Program.

(TERRITORIAL LIMITS OF POLICY – CANADA ONLY)

Compulsory Policy:

This outline is not a contract of insurance. It is merely a brief description of the various coverage’s. In all cases the provisions of the actual policy riders shall prevail.

Should a member of your Club become injured while participating in a sanction activity ... you could feel seriously obligated.

We want to help remove this worry by providing a sports group accident insurance policy, which provides injury protection during competitions, practices and team travel. The plan covers all participants, managers, managers, coaches, officials and others who are active members of the CROQUET CANADA and participating in the sport at the time of accidental event.

Under the plan there is no limit to the number of accidents covered per member or team and for each separate accident the plan pays the following:


Schedule of Benefits Section 

Up to $10,000. In the event of Accidental Death occurring within 52 weeks of the accident.

Up to $20,000. In the event of Accidental Dismemberment (Scheduled) occurring within 52 weeks of the accident The schedule includes Quadriplegia, Paraplegia, Hemiplegia, Loss of Speech or Hearing, Loss of use of hands or arms or one arm or leg.

Up to $1,000. For dental treatment resulting from injury to whole and sound natural teeth and received within 52 weeks of the accident. 

Up to $10,000. For accident medical expense, including cost of prescription drugs, ambulance, physiotherapy, private duty nurses (R.N.) - crutches, splints, braces, trusses, wheel chairs and iron lungs, incurred within 52 weeks of the accident. (WHILE IN CANADA)


Extension of Coverage Section

The following coverage’s are payable in addition to those indicated above:

Up to $500. For fractures (scheduled) incurred while participating in an individual or team activity.
Fracture coverage

Tuition Fees Up to $20.00 per hour to a maximum of $2,000.00 is available to cover tuition fees if the insured person within 30 days of the accident is confined to his residence or a hospital
bed.

Emergency Taxi Up to $50.00 per insured person per accident is available to pay for the transportation of the 
Benefit insured to and from a doctor's office or nearest hospital.

Special Treatment Up to $1,000. is available to pay for travelling costs for Travel Expense: special treatment incurred within 52 weeks of an accident, if over 160 km one-way.

Rehabilitation For up to 156 weeks after an accident, up to $3,000.00 in total is available to cover retraining 
Indemnity costs (except living and/or travelling expenses) made necessary because the insured can only 
work at a special job because of the injuries he suffered.

Special Limitations

- all amounts are payable in Canadian Funds only 
- aggregate limit: $2,000,000. per occurrence.
- Endorsement No.1 (attached)

Exclusions

Losses excluded include: 

- sickness or disease, aircraft travel unless a fare-paying passenger, repair or replacement of artificial teeth, dental x rays, masseur fees, professional athletes, war risks, radio active risks.

- benefits payable under Provincial/Federal Hospital plans or losses payable under Workmen's Compensation.

- benefits payable under Provincial/Federal Hospital plans

- disability unless under treatment by a qualified physician

- no coverage is afforded to any professional athlete.

NOTE: THIS IS NOT A WAGE OR SALARY REPLACEMENT PROGRAM. 

For Compulsory Policy

Liability Section:

1. All Clubs will report all claims to CROQUET CANADA who in turn will submit them to THE MARKETPLACE INSURANCE and Financial Services Inc.

2. You will have to give the legal name of your Club in the event of a claim.

3. The CROQUET CANADA will inform THE MARKETPLACE INSURANCE and Financial Services Inc. that you are covered under a Master Insurance Policy. 

4. All Liability Claims must be reported to the CROQUET CANADA within 48 Hours of receiving notice of potential legal action. Give all details and documentation regarding the claim to the CROQUET CANADA.

5. Do not seek legal counsel or give out any information except to authorized agent of the Insurance Company 
of CROQUET CANADA.


Sports Accident Section:

1. The CROQUET CANADA will have distributed copies of this form to all of their Clubs. All members who wish to submit a claim under the Sports Accident section of the policy and who do not have a claim form will contact the CROQUET CANADA and obtain a claim form or package to submit the claim.

2. The Club will have the claimant complete this form as required and send it directly to the CROQUET CANADA office.

3. Attention: INSURANCE CO-ORDINATOR OF SPORTS PROGRAM

CROQUET CANADA 
3332 Yonge Street P.O. Box 94069
Toronto, Ontario
M4N 2L0


Phone: 905-688-4080
Toll Free: 800-294-0655
Fax: 905-688-5945

5:1 COACHES/PARTICIPANTS DATA SHEET (FOR CLUB USE ONLY).

This is a form that team/club representatives and/or club coaches have found to be an important part of their athlete's file. In the event of an injury while participating in events, the information provided can be of assistance to attending medical staff.

5:2 WORDS OF ADVICE FOR COACHES.

General information regarding the standard of care required of a coach while supervising athletes under his/her control.

5:3 ACCIDENT REPORT FORM.

One mandate of the THE MARKETPLACE INSURANCE is to maintain a long-term research study with regards to injuries.

The co-operation of the athletes, coaches, administrators of clubs in completing and submitting the Accident Incident Report Form will allow us to assess areas that might jeopardize your safety programs and assist us in working towards a safe participation for your athletes.

5:4 SPORTS ACCIDENT CLAIM FORM.

This form will be distributed by the clubs to injured participants on request. Please note it is very important that this form be completed correctly, to prevent any delays in the settlement of a claim. Should you have any problems or questions in regards to the form, please contact the CROQUET CANADA office.

5:5 CERTIFICATE OF INSURANCE

When necessary the CROQUET CANADA office will provide the member club with a Certificate of Insurance. In some cases a member club requires proof of liability coverage for the temporary leasing or use of a facility for club activities or other club functions. 

For more information contact the CROQUET CANADA office at: 

5:6 SPECIALTY OPTIONAL COVERAGES AVAILABLE AT ADDITIONAL PREMIUM:


Contact THE MARKETPLACE INSURANCE office for advice on:


1) The "OPTIONAL INSURANCE HANDBOOK" for the specialty optional insurance programs 

2) Information with regards to Travel Insurance while travelling outside of Country or Province and the need for this coverage

3) Information with regards to Directors & Officers Liability and the potential requirement for this coverage by clubs. A package of information is available for those clubs that may think that they require this coverage.

PARTICIPANTS DATA SHEET FOR COACHES

Name of Coach
Address - # & Street City, Province Postal Code
Phone Number( ) E-mail address


The following information is important to help your son or daughter have an enjoyable time and also allow the coach to be more knowledgeable about your son or daughter.

Name Nick Name Health Card #
Address - # & Street City/Province Postal Code
Phone Number( ) E-mail address
Birth Date ( mm / dd / yyyy) Weight Height
Family Doctor Phone Number( )


Has your doctor given permission for your son or daughter to participate in this sport? YES ____ NO ____

If No, Why ___________________________________________________________________________________

_____________________________________________________________________________________________

Any other health problems or allergies, please explain:

_____________________________________________________________________________________________


NOTICE OF WARNING:
There is a potential risk for injury involved in training and participating in any sport. The CROQUET CANADA has tried to create a safe and controlled environment for safe participation. The Club and officials have established rules in conjunction with the governing body for participation and conduct on and about the area that should be followed.

Waivers of Liability are recommended and we have attached a sample for your use.

___________________________________________________ ________________________________
Signature of Legal Guardian or Parents Date Completed


___________________________________________________
Print Name of Legal Guardian or Parents 



WORDS OF ADVICE FOR COACHES

Risk is a natural part of life and therefore a part of many sports. There is always a risk of injury when participating in sports. Because of this risk of injury there is also a risk of a lawsuit. The lawsuit in many cases will have to be proven on an unintentional tort (negligence) against you or the club. If so, in order to prove that negligence occurred, the injured party must establish three facts:

- damages were sustained
- duty relationship existed between the parties
- the conduct of the negligent party was below an acceptable standard of care

Here in Canada we do have a defence in sport called the "Volenti Doctrine". The courts have recognized and understand that in any sport there are risks, which are "obvious", i.e. "foreseeable" and "necessary". In other words, the risk of minor injury or injury is both foreseeable and necessary if one is to learn the sport. The risk of receiving blows to the body are both foreseeable and necessary to boxing, football, soccer, rugby, hockey or any other bodily contact sports if one is to accomplish the end result of the sport. 

Nevertheless, in the case of an accident or injury you must understand and conduct yourself in the standard of care required by the situation. Therefore if your participant is injured, then:

- secure proper medical attention immediately
- if injury is serious, notify or transport individual to the
nearest hospital
- make sure you have coaches/participants data sheet
- notify parents and follow-up on condition


The Last Word:

Since Williams v. Eady (1893), the legal precedent was set that an individual (coach) owed a duty to act as the "careful parent of a large family", a concept adopted almost universally since then to present day.

The ruling was, "Once a youngster had become hurt, would not a prudent father want to know how and why his child had become hurt in order to avoid the same kind of risk to another child? I think he would have."

Therefore, as a coach it is paramount that supervision of activities under your control are directly related to the complexity of the training session at hand. The rule of thumb is how much supervision would you give, if it were your child?

Your answer to this question should dictate your actions.

SPORT ACCIDENT PROGRAM
OVERVIEW
Eligibility:

To be eligible for insurance all members shall be participating as players, managers, coaches, trainers, executives, officials or volunteers in practice or competition in the sport under the supervision and direction of the CROQUET CANADA and it's sanctioning of the activity.


Notice of PROOF of CLAIM:

Furnish to the CROQUET CANADA or its representatives on forms provided, Sport Accident claim form within 90 days from such date of accident. This form will give the nature and cause of the accident and completed by legally qualified Medical or Dental Practitioner, if required by the insurance company.

Benefits: Sum Insured:
Loss of life, dismemberment or
loss of sight (as per Table) up to $10,000.
Permanent Loss/disablement up to $20,000.
* Blanket Accident Reimbursement up to $10,000.
Rehabilitation up to $ 3,000.
Tuition up to $ 2,000.
** Special Treatment Travel up to $ 1,000.
Out of Province Medical Accident (Inside Canada) up to $10,000.
Blanket Dental up to $ 1,000.
Fractures up to $ 500.


* - Physiotherapy expenses are limited to $30.00 per visit to a MAXIMUM of $300.00 subject to a $100 deductible
- Knee Braces (Orthotic or otherwise) are limited to 50% of the expense with a MAXIMUM OF $300.00 
subject to a $100 deductible.

** Travel must exceed 160 kms one-way to receive medical attention to receive this benefit. 

NOTE: All claims must be approved by the CROQUET CANADA prior to being paid by the Insurance Company (Insurer). As well this is a second payer program, this means that if you have an employee benefits program at work it pays first, if not, then this program pays first or the differences between the two plans.

Forms: Sport Accident Claim Forms (included in this package)
Other Insurance Declaration Form (included in this package)

Additional Information: Please refer to the "Insurance Handbook" on file with the Club or Team.