ASA, SCOTTISH SWIMMING & SWIM WALESINSURANCE SUMMARY

ASA/Summ/April 2011

2011

ASA/Summ/April 2011

ASA, SCOTTISH SWIMMING AND SWIM WALES INSURANCE SUMMARY

Introduction PERKINS SLADE LTD

Perkins Slade Ltd is one of the largest independent insurance brokers in the UK. Founded in 1970 the company employs over 90 people at its Birmingham Office.

SPORTS TEAM

The Perkins Slade Sports team provides advice and assistance to more than 300 National Governing and Representative Bodies of Sport and Recreation, and more than 3 million individual participants, thoughout the UK.

Our experience is such that we are able to provide a flexible service so as to cater for the complex but uniquely different needs of those involved in Sport and Recreation.

Perkins Slade Ltd have worked with your Governing Body to understand the insurance requirements of their members.

INSURANCE FACILITY FOR ASA SCOTTISH SWIMMING AND SWIM WALES AFFILIATED CLUBS AND MEMBERS

The ASA, Scottish Swimming and Swim Wales have a Duty of Care to protect the sport of swimming and all those who take part in it. Clubs and their members share those responsibilities.

Continued litigation reinforces the need for all sports organisations to have full and appropriate insurance protection. Without it you and your members could be held personally financially liable to compensate for losses you are not insured against.

Inevitably, from time to time, things go wrong and an injury or loss occurs. This facility provides a mechanism for compensating such a loss and protecting Clubs and their individuals.

Affiliation to ASA Scottish Swimming and Swim Wales all automatically, provide you with:

Civil Liability insurance - for all clubs, coaches, members, volunteers and casual helpers (where applicable)

Employers Liability - for Clubs

Personal Accident Insurance - for members, which pays a no negligence benefit.

Legal Advice/Expenses - for the club committee giving access to 24 hour legal advice and some legal costs in relation to the clubs “commercial” activities.

This protection is automatic and forms part of the affilitation to your national governing body.

In addition to this package of covers, we are also able to offer other sports related products on an optional basis such as:-

• Additional Personal Accident benefits• Overseas Travel • Property, Money and Business Interruption • Fidelity Guarantee (theft by employee) • Physiotherapy• Sports Equipment

The information contained in this summary is confined to general Policy details. Full details of the policy cover terms and conditions and exclusions are available on request to Perkins Slade Ltd:

3 Broadway, Broad Street, Birmingham. B15 1BQTelephone: 0121 698 8000 Facsimile: 0121 625 9000Email: info@perkins-slade.com

The parties to the Policy have the right to choose the law applicable to the Policy. Unless the parties agree otherwise in writing any dispute concerning the interpretation of the policies shall be governed and construed in accordance with English Law and shall be resolved within the non-exclusive jurisdiction of the courts of England and Wales.

The Civil Liability primary layer, Employers Liability and Personal Accident Insurances are provided by Royal and Sun Alliance Insurance plc, registered in England and Wales at St Mark’s Court, Chart Way, Horsham, West Sussex RH12 1XL.

The Excess of Loss insurance is provided by Brit Insurance Holdings plc (No 3121594) is registered in England and Wales at 55 Bishopgate, London EC2N 2AS

The Legal Advice and Expenses is underwritten by DAS Legal Expenses Insurance Company Ltd. The company’s head and registered office is DAS House, Quay Side, Temple Back, Bristol BS1 6NH. It is registered in England and Wales, company number 103274.

Royal and Sun Alliance (RSA) , Brit Insurance and DAS Legal Expenses are all authorised and regulated by the Financial Services Authority.

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Outline of cover

1. CIVIL AND EMPLOYERS LIABILITY

All swimming club members [including swimmers, coaches, officials and volunteers] have a responsibility to ensure that anything they do does not cause injury or financial loss to others or damage to property. If they do, and negligence is proved, they become legally liable to pay compensation. Accidents in swimming can and will happen and in this age of litigation both clubs and their members are vulnerable to claims which can sometimes involve very large sums of money.

Appropriate insurance is, therefore, essential and indeed it is demanded by Local Authorities and other pool owners before you can use their facilities.

In order to meet these demands and fully protect your club and its members, ASA, Scottish Swimming and Swim Wales have instructed their insurance broker (Perkins Slade Ltd) to arrange a unique Civil Liability protection. It is an automatic benefit of your affiliation to your National Governing Body. It saves your club the aggravation and cost of having to arrange its own insurance. Most importantly it provides you with a breadth of cover that is not otherwise available to Clubs through non specialist insurance brokers.

THE CIVIL LIABILITY COVER

Public Liability Accidental bodily injury to third parties and/or damage to third party property arising out of your insured activities

Products Accidental bodily injury to thirdLiability parties and/or damage to third party

property arising out of any goods sold or supplied by you (including refreshments)

Professional Loss (financial or otherwise) arising outIndemnity of Errors and Omissions. For example, bad

advice (instruction/coaching) or failure to act

Libel and Protection against the consequences of Slander accidental defamatory statements, this is

important in respect of any newsletters / brochures you may produce, or internet forums held on your website

Abuse Abuse concerning children and vulnerable adults. Protection for damages awarded against the organisation (specifically for abuse, the alleged individual perpetrator does not receive any cover)

Directors and Protection for directors, officers and senior Officers managers against claims made against

them personally, arising from their decisions or actions taken whilst managing the organisation

The shaded areas are sections of cover provided by the Civil Liability policy over and above those of a standard Public Liability policy.

Cover is provided for all Club members, including volunteers (where permitted). Indemnity extends to:

• club activities, including training for and competitive swimming, as well as social, fund-raising and administrative activities. Please refer to the governing bodies for approved activities

• a club which borrows, rents or leases a premises for sporting or social purposes and is held liable for damage to the facility

Limit of Indemnity:

Civil Liability £20,000,000 any one occurrence (any one period of

cover in respect of Products Liability, Directors and Officers, Pollution and Child Protection/Abuse Claims)

There is no Policy excess. Child Protection/Abuse and Directors and Officers claims are costs inclusive.

Principal Civil Liability Exclusions

Liability arising out of:• deliberate dishonest or criminal act of the Insured • ownership or use of any vehicle, aircraft, hovercraft or water-

borne craft • loss of or damage to your own property • medical malpractice • product guarantee or recall, repair or replacement • injury to employees • damage to data • the person accused of abuse alleged to be the abuser or

having permitted abuse• incidents prior to the retroactive date (1985 in respect of abuse)• incidents/claims known to you but not reported to Insurers

Restricted cover applies in respect of legal actions brought in a court of law within the USA or Canada.

The Civil Liability cover is provided on a “claims made” basis - which means that there has to be a policy in force at the time at which the incident is first reported to us, not necessarily at the time the activity was undertaken. Once a policy is cancelled, no cover is provided for claims that are notified after the date of cancellation. It is therefore essential that all incidents or circumstances that might give rise to a claim are reported to Perkins Slade immediately.

All incidents that may give rise to a claim in the future must be notified at the time of occurrence. Incident Notificationguidelines are provided with your Summary of Cover. If you are in doubt as to whether an incident should be reported please contact Perkins Slade Ltd.

THIS COMPREHENSIVE LIABILITY PROTECTION IS AVAILABLE TO CLUBS AND THEIR MEMBERS AND PROVIDES YOU WITH ESSENTIAL PROTECTION. IT IS A SIGNIFICANT ASA, SASA & WASA MEMBERSHIP BENEFIT.

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EMPLOYERS LIABILITY

In addition this policy is extended to automatically include employers liability insurance for clubs who have paid or voluntary Employees.

Where a club employs someone it must by law have Employers Liability Insurance. This Insurance is provided in respect of legal liability for damages and legal costs arising out of death or bodily injury caused to employees in the course of their employment with the club.

Employers’ Liability £10,000,000 any one occurrence Limited to

£5,000,000 in respect of Terrorism

IMPORTANT NOTES - CIVIL LIABILITY

1. It is essential that a representative of your club reports every incident, that could give rise to a possible claim, to Perkins Slade. In addition, please maintain an accident record book, keeping accurate records of the date and time any incident occurs, along with details of all relevant circumstances and the full name and address of any parties involved, including witnesses. Please note that all incidents that may give rise to a claim in the future must be notified to Perkins Slade Ltd.

2. Any letter, claim, writ, summons or process in connection with an incident involving your club, or a member of your club, must be forwarded to Perkins Slade immediately upon receipt.

3. It should be noted that it is a condition of the Civil Liability protection that under no circumstances should a member make any offer or promise of payment or indemnity, without first obtaining the written consent of the Royal and SunAlliance.

4. The Civil Liability protection covers club activities, including training for and competitive swimming, as well as any social, fund-raising and administrative responsibilities. Both the ASA, SASA & WASA have imposed some restrictions on the acceptance of certain social and fundraising activities. If you are in any doubt regarding the activity you are participating in, please contact your association immediately.

2. PERSONAL ACCIDENT

This provides an automatic benefit, irrespective of who is to blame, following an accident to a member whilst they are participating in any swimming activity approved by the ASA, Scottish Swimming and Swim Wales. Cover is worldwide and includes organised travel [to such an event] within the United Kingdom.

Cover applies for members up to age 80 years.

The benefits are: Benefits

Accidental Death £2,000

Permanent Total Disablement including Loss of Use of Limbs[s], Eye[s], Speech or Hearing or otherPermanent Total Disablement preventing the injured party from any gainful occupation for which fitted by education, training or knowledge £30,000

Reimbursement of Medical Costs following an accident of up to £100

Benefits for persons aged 70 to 74 are limited to Death, Loss of limbs/eyes and Medical Costs. Benefits for persons aged 75 to 80 are limited to Death and Medical Expenses only.

3. LEGAL ADVICE/EXPENSES

Any organisation can be faced with legal problems or disputes, which can cost them time and money.

A swimming club could go to the expense of hiring a solicitor or try to deal with the problem themselves. However, the potential costs of this are unknown and the valuable time of club officials could be wasted in handling the problem.

A legal protection policy, for affiliated Clubs, has been specifically designed to provide a cost effective method of insuring a variety of legal issues.

As a policyholder, the officials of a club are automatically entitled to use a 24 hour legal advice helpline. The club must nominate three users [e.g. Chairman, Secretary, Treasurer] who will have unlimited access to the service, which provides advice over the phone on all legal problem areas. It will assist with any queries 7 days a week and will also give advice to ensure the correct procedures are followed if a dispute arises which might lead to a claim under the policy.

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Outline of cover cont’d 3. LEGAL ADVICE/EXPENSES CONT’D

The policy will cover legal costs and expenses of up to £50,000 per claim and there is no limit to the number of claims that can be made. Costs covered include fees and expenses of solicitors, barristers and expert witnesses, together with court costs and opponents’ costs if they are awarded against a club in a civil case.

The Policy covers a wide range of situations, including:

• Defence of employment disputes. If a club faces court or tribunal proceedings from an existing, past or even prospective employee, this cover will pay legal costs and expenses to defend your legal position.

• Legal defence cover. Every organisation is subject to a mass of legislation, including such laws as the Health & Safety at Work Act, Sex Discrimination Act, Race Relations & Disability Acts. All are being enforced with increasing vigour. The policy will protect an Insured club’s legal rights prior to the issue of such legal proceedings.

Note: This policy is limited to clubs who have a wageroll not exceeding £50,000.

4. OPTIONAL INSURANCES

The following additional Insurances are available from Perkins Slade Ltd:

1. Personal Accident

In addition to the Personal Accident cover you get automatically, some clubs may like to extend the policy to provide a weekly Temporary Total Disablement benefit for their members who are gainfully employed, and aged 15 to 69. A £75 per week benefit (excluding the first 14 days of disablement) up to a maximum of 104 weeks is available. The premium will be charged based on the total number of qualifying members per club.

For further information and a proposal form please contact Perkins Slade Ltd direct.

2. Overseas Travel Insurance

(Available online via your governing body website)

Whilst also available as a “normal” travel policy, this travel insurance cover is designed to provide for either groups or individuals who are likely to travel abroad and participate in their chosen sport. As with standard travel insurance, PS Sports Travel will respond to claims during your entire stay, however it additionally covers participation in your chosen sport, both in respect of emergency medical treatment for your injuries, or personal liability for injuries you may have caused to others!

Standard Cover includes:Medical Expenses up to £10million, Personal Liability £2 million, Personal Accident, Sports Equipment & Personal Belongings up to £3000, Cancellation £5,000, Wheelchair cover if required - in addition to all the standard protection you would expect from a specialist travel insurance.

Cover can be obtained via the travel insurance link on your governing body websites www.britishswimming.org or www.scottishswimming.com or www.welshasa.co.uk or by going direct to www.perkins-slade.com/for-sports/sports-quote/travel-insurance Alternatively you can telephone 0845 260 1574. (Discounts are available for obtaining travel insurance online).

Do not forget that cover provided by travel agents is seldom adequate to insure competition/participation/training activity.

3. Property, Money and Business Interruption

The Policy covers All Risks of loss or damage to club equipment either at the club’s premises or anywhere in the United Kingdom.

Property can include trophies, sports equipment and timing devices, portable computers, sound and communication equipment, video equipment, cameras and so on.

Theft is limited to where there is forcible and violent entry / exit to secured premises. Items left in unattended vehicles must be in a locked boot or hidden from view, and the vehicle itself locked.

The policy can provide protection for loss of revenue following damage to your club premises/equipment, and can be extended to include insurance for club money.

4. PS Sports PhysioCare

Provides fast access to professionals who will accurately diagnose and effectively treat the injury. Early intervention improves the chances of a full and safe recovery and reduces the chance of recurrence.

Key features include:• over £1,000 of treatment per year•  treatment available only a short distance from your home

or work

In all cases: The above is intended to be a summary only of policy cover. Full terms and conditions of cover areavailable, on request, from Perkins Slade Ltd.

For more information please contact Perkins Slade Sports Team on 0121 698 8000. Perkins Slade Ltd. 3 Broadway, Broad Street, Birmingham, B15 1BQ Telephone: 0121 698 8000 Fax: 0121 625 9000 Email: info@perkins-slade.com

Individual members may also be interested in additional insurances available at www.perkins-slade.com/for-sports/sports-quote

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Perkins Slade Ltd, 3 Broadway, Broad Street, Birmingham, B15 1BQ Telephone: 0121 698 8000 Facsimile: 0121 625 9000 Email: info@perkins-slade.com

Perkins Slade Ltd. is authorised and regulated by the Financial Services Authority.

Complaints procedure: any queries or complaints relating to this insurance should be referred to Perkins Slade Ltd. ASA/Summ/April 2011