Page 25 - Misconduct a Reference for Race Officials

SECTION 5: Insurance

It will be clear from all the foregoing sections that, however careful the organiser
may be and whatever is contained in the racing rules, organiser’s rules, or other
event documentation, there will always remain the risk of injury to a participant
and the risk of a case being taken to Court.

It should always be remembered that, where a claimant has suffered injury, they
may attempt to pursue a legal action against a variety of defendants. Thus a
crew injured in a collision between two racing dinghies may try to claim against
their own skipper, the skipper of the other boat, the helmsman of a patrol boat,
the organiser and individually named race officials.

Even where a participant’s claim has a slim chance of success, the increasing
availability of legal expenses insurance and the rules allowing solicitors to take
cases on a no-win, no-fee basis will tend to make such actions more likely in the
future. Just the costs of successfully defending an action may be cripplingly high
in some circumstances.

Clubs and Associations - Comprehensive insurance
An established scheme developed over many years is the club insurance
scheme brokered by Gallagher Heath, which covers some 800 RYA affiliated
clubs and class association. This policy is tailored to cover all the risks facing a
club, including buildings, contents (including trophies), cash, loss of profits
following damage, employer’s liability, fidelity of staff, piers, jetties and pontoons,
club boats and of course public liability.

Standard cover includes the public liability “member to member” extension which
covers members against claims between each other. Further cover includes
committee members, officers, race officials, instructors and other staff or
volunteers involved in organising events (whether racing, training or social), or
otherwise in a position of responsibility, against personal liability.

Individuals organising events should check with the club secretary that the club’s
insurance policy is up to date and covers the club against the activities actually
being carried out (whether on or off club premises) and extends to covering the
personal liability of the individual staff or volunteers while acting on behalf of the
club.

23