The Mountaineering Council of Scotland and Perkins Slade

Civil Liability Insurance: Frequently Asked Questions

MCofS and Perkins Slade have compiled these FAQs with the aim of providing clubs and individual members with a clear understanding of their entitlement to cover under Perkins Slade’s Sport, Recreation and Leisure Combined Liability Scheme. These FAQs should be read in conjunction with the Confirmation of Cover documents which are published on the MCofS website on the Civil and Employers' Liability Insurance for Clubs and Civil Liability Insurance for Individual Members pages. 

Section 1. The Policy / Scheme – FAQs applicable to all members and clubs

1.1 What is Civil Liability Insurance?

MCofS Civil Liability Insurance provides protection for Clubs and their members, and for individual members, against their liability to pay damages in civil law. Cover includes:

· PUBLIC LIABILITY: Accidental bodily injury to third parties and / or damage to third party property arising out of declared mountaineering 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 our members (except those who should have separate cover due to being a guide or instructor) for claims arising out of Errors or Omissions, and is provided for circumstances involving bad advice or failure to act.

· LIBEL AND SLANDER: Includes defamation

· DIRECTORS' AND OFFICERS' LIABILITY: Legal liability protection in respect of 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, e.g. mountaineering huts

· ABUSE: but only if a Club has fulfilled the criteria of the MCofS Child Protection Policy

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

1.2 Who / What is the cover Designed for?

It is designed specifically to meet the needs of MCofS members - individual members, club members and members of clubs involved in the activities listed in 1.5 and 2.1 below.

1.3 What is the Age Limit?

There is no an age limit.

1.4 Does it include Public Liability?

Yes – See 1.1 above.

1.5 What activities are covered by the policy?

MCofS Civil Liability Insurance provides cover for a range of all-season mountaineering activities, including:

· Mountaineering and Alpinism

· Climbing (indoor and outdoor)

· Scrambling

· Bouldering

· Hill Walking and Winter Walking

· Ski Mountaineering and Ski Touring

· Canyoning

· Coasteering

· Incidental use of hand propelled watercraft (i.e. kayak and canoe) when used to gain access to, or as part of a mountaineering journey

· Incidental useof abicycle when used to gain access to, or as part of a mountaineering journey

Members should note that cover for the use of kayaks, canoesand bicycles (typically mountain bikes) is restricted to their use to enable a member to reach a particular mountaineering or climbing route, and not for use in their own right as an activity which is not related to mountaineering.

Refer to section 2.1 for details of the additional activities covered which are applicable to clubs.

1.6 What significant exclusions or limitations apply?

· Risks that require more specific insurance, i.e. Motor, marine

· Injury to any person employed (including volunteers)

· 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 other than where a member is in USA or Canada representing the MCofS

· 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. Charges of abuse against an individual are brought under criminal law and as such are not covered by this policy.

· Claims arising from loss happening 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

1.7 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).

1.8 Why do I need £10m Limit of Indemnity as a minimum?

In the event of a claim your limit of indemnity is the maximum your policy will pay. As awards in sport exceed £5m MCofS and Perkins Slade consider that £10m is an appropriate amount of cover as a minimum for both the Council and its Members.

1.9 Is the Limit of Indemnity the same for All Sections?

No, there is a limit of £7.5 m for abuse cover, and £1m limit for Employment Practices Liability under the Directors and Officers section. .

1.10 Why do I need Professional Indemnity cover?

Professional Indemnity provides cover following negligent advice. For example, if you share knowledge with a colleague on the hill and a claim results from advice you have given, this part of the policy would apply.

1.11 Why do I need Libel and Slander cover?

There have been cases of members of sports clubs having disputes within clubs. Posts on web sites and contained in emails could also be potentially Libellous for example

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

You should immediately record relevant information (defined in the Confirmation of Cover document) concerning incidents involving a fatal accident, 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.

1.13 Who should I notify and how do I make a claim?

Incidents and claims should be reported to:

The Sports Team, Perkins Slade Limited, 3 Broadway, Broad Street, Birmingham B15 1BQ. Telephone 0121 698 8000; Fax 0121 625 9000. email sports@perkins-slade.com.

Keep a copy of all correspondence with third parties and Perkins Slade.

1.14 Does my cover include any Legal Expenses?

Yes but only for:

· Legal expenses for defence of 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 if £250,000.

1.15 Are there any Policy Excesses?

There are no excesses applicable to MCofS clubs and individual members.

1.16 Would I be covered for all incidents?

Yes, provided that

· These were incidents following activities included in 1.5 (and 2.1 below for clubs).

· You reported the incident immediately.

· There is negligence on your part.

1.17 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 wish to consider a Personal Accident Policy.

1.18 Does the Policy cover anyone who is not defined as UK Resident?

Insurance cover is only available to fully paid up members who have a permanent UK address. Such members are covered for mountaineering activities in both the UK and overseas (but excluding USA and Canada).

Members with a permanent UK address who are working on a temporary contract or serving with the armed forces abroad are included within the cover, for mountaineering activities in both the UK and overseas (but excluding USA and Canada).

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. However, members of clubs normally resident overseas are covered if they particpate in club meets held in the UK: see 2.11 below. This provision does not apply to individual members.

Section 2. The Policy / Scheme – additional FAQs applicable to clubs

2.1 In addition to the recreational activities listed in 1.5 what other club activities are covered by the policy?

We define club cover as “The activities of the insured Club and its officers, committees and members as such, consistent with the Club’s constitution, including the arranging of and participation in all recognised forms of mountaineering, hill walking and climbing activities, instruction courses in skills relevant to such activities, social activities of interest to mountaineers, the publication of newsletters and journals about the Club’s activities and other mountaineering, hill walking and climbing activities, and the maintenance of a library.”

2.2 If I am a Committee Member - What protection do I get?

You may not realise it, but as a committee member you have a personally liable in respect of the management of your Club, particularly if the club is unincorporated. Civil Liability Insurance provides Directors and Officers cover in order to protect you in the event of you being sued for negligent decisions.

2.3 Are guests/non-members on our meets covered by the policy?

In general terms, if a non-member participates in a club event, s/he is not personally covered by the insurance. If that person causes a claim to be made s/he can be sued on a personal basis, or the club can also be held responsible and may be brought into legal action. CLI will cover the club, its officials, and its members and the event only. The non-member is not covered in his / her own right and therefore, should that person (who is uninsured) be the subject of a claim by a member of the club(who is insured), the member who brings the claim may be unable toreceive anydamages awarded, due to the lack of insurance held by the non-member if they are unable to pay the damages.

There will be occasions when non-members will wish to attend a meet as a guest before they decide whether they wish to join the club. In this context we have agreed with our insurers that a guest may participate up to twice before s/he should be registered with MCofS for insurance purposes. There is automatic cover for the club when individuals participate in club events on a guest or trial basis. The club is indemnified for liability and the individual guest has insurance in his / her own right in respect of these two “taster” sessions. If a guest continues to participate with the club on a regular basis, however, they should be made either a prospective or full member, and the relevant subscription sent to the MCofS.

2.4 When should we register new members with MCofS?

Members joining a Club must be registered with the MCofS within one month of joining that club.

2.5 Are members of the club covered for mountaineering activities undertaken with another club, with friends who are not members of the club or MCofS, and in their own right?

Members of clubs declared as being active to the MCofS enjoy cover on activities undertaken with the registering club, another club or individually.

2.6 Some of our members are physically unable to undertake club activities but wish to retain their membership of our club; do we need to declare them to MCofS?

For insurance purposes a member of a club who no longer participates in club events, including social activities, need not be declared in the submission to MCofS by that club. However, such members may wish to continue to support the MCofS by paying the subscription fee. The MCofS maintains a database of registered club members. In the event of a claim, the database (or the last or most recent list of members received by MCofS) will be used to establish whether a member of a club involved in a claim is registered and eligible for cover.

2.7 Can we include someone else [or a third party] in the cover?

The policy automatically includes the club committee and members who are registered with MCofS. However, sometimes a local authority will request to be added to the cover (if you are using their climbing wall for example). The cover requested is included under “indemnity to principles”, meaning that the authority automatically has cover under the policy in respect of any liability it may have that would have been covered if the claim had been made against the club.

2.8 How does Civil Liability Insurance apply to young people under 18?

Where clubs undertake activities or events involving unaccompanied children or young people under the age of 18, it is a mandatory requirement of Perkins Slade that the club has an appropriate Child Protection Policy in place. This will ensure that the officers and members of that club are covered by the Policy in the event of a claim against them made following injury to a child. In the event of such a claim being made, the insurance policy may be invalidated if no Child Protection Policy is in operation.

Assuming that the Club constitution allows their membership, children (under 18 years old) may join a club and participate in its activities and the club will be indemnified against liability. Although children legally cannot be held responsible for their actions, the insurance charge is still applicable because when liabilities are incurred by a child in respect of third party personal injury or property damage, the duty of care will ultimately lie with the club.

Insurance cover is provided for a club if a claim is made against it for civil damages following an allegation of abuse against a child. No cover is provided should such a claim be made against an individual accused of abuse because such cases are brought under criminal rather than civil law. The insurance policy responds to civil claims only and would not respond to any criminal allegation.

2.9 Our club has members holding mountaineering awards; would the policy cover them if they lead or instruct a group of our members?

Activities involving members of clubs ‘sharing knowledge and experience’ is within the scope of our policy. Members of clubs who hold mountaineering awards appropriate for a given activity may lead or instruct fellow members of their own club, without charge, and enjoy cover through the MCofS policy without the need for personal professional indemnity insurance. The MCofS policy does not provide cover for members who are providing advice or instruction for a fee. Specific instructors insurance should be obtained in this case.

2.10 Our club climbing meets occasionally attract spectators. Does the policy cover us if a spectator is injured?

If a spectator is injured, and it is as a result of negligence of a member, the member or club responsible will be protected by the insurance policy should a claim be made.

2.11 Some of our members are resident overseas, but participate in our club meets when they visit the UK; are they covered?

Non-UK resident members of an MCofS club are covered whilst they are in the UK participating in club activities.

2.12 Is Employers Liability cover provided to clubs?

As a benefit of their membership of the MCofS, Employers Liability cover is available to clubs free of charge. The cover will protect a club in respect of its liability to any employees, which includes volunteers working on behalf of the club; an example could be work undertaken by a volunteer on a club property. The limit of indemnity provided is £10m. To arrange cover and obtain an Employers' Liability certificate clubs must apply direct to Perkins Slade Ltd using the application form. This cover replaces the Employers’ Liability cover arranged under the Huts Insurance Scheme originally provided by The BMC.

2.13 What risks are covered by Employers’ Liability Insurance?

Employers’ Liability Insurance provides cover for a club in respect of any liability it has for an injury to someone working on its behalf. This would include someone cleaning or carrying out maintenance work on a club property, whether they are a volunteer or a paid employee. If a person was injured and claimed that the club was responsible because they were working on its behalf, the Employers’ Liability policy would protect the club.

Page updated January 2012