Liability insurance

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Liability insurance

Postby RACastanet » Tue Sep 22, 1998 1:33 am

As a 'hobbyist' instructor, how much liability insurance is enough? I carry an excess liability policy over and above my home, auto, life ins. Is this the best policy for me as an amateur teaching in a health club?

Rich
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Liability insurance

Postby Van Canna » Tue Sep 22, 1998 3:55 am

Rich,

Your excess liability policy is most likely for one million over underlying homeowner's liability probably in the amount of
300 thousand …giving you a total of $1,300.000.00 ! Should be enough as a casual teacher ! However , depending on the exclusionary language of the policy , coverage may not apply to 'business pursuits ' i.e., if you get paid by the club as a business venture for your teaching ! Also …what is the arrangement with the club…have you signed a hold harmless and indemnification agreement in their favor ? Meaning that if you injure a health club member who sues the club and wins an award , you are responsible to reimburse the club or it's insurance company ! Your own insurance carriers may have exclusions as to liability assumed under contract ! Go to your insurance agent and ask him to check with your carriers' underwriters to resolve these questions !

Van Canna
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Liability insurance

Postby Moe Mensale » Tue Sep 22, 1998 6:03 pm

Van,

You once mentioned a specific type of liability policy that all instructors should have. Would you please reiterate for those of us with less than perfect recall?

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Moe
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Liability insurance

Postby RACastanet » Wed Sep 23, 1998 1:42 pm

Van sensei: I have each student sign a waiver specific to the class. The format came from Ron Klein sensei and I modified it to include Bill Glasheen sensei and all class members. Ron travels and teaches at many levels and I feel comfortable with his form. My family attorney has it on file. Also, I recently doubled the excess policy.

As far as pay, I am an amateur. The health club has offered a membership and pay but I turned it down. When Bill and I did a spot for a TV ad I likewise turned down the fee and suggested they give it to a couple of young students participating in the ad, which they did. I do sell gis to students but not as a money making venture, more as a convenience to them.

Any more thoughts?

Regards, Rich
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Liability insurance

Postby Van Canna » Wed Sep 23, 1998 10:21 pm

Rich..Moe ,

A distinction must be made between the types of insurance policies ! If you run a dojo you must have both premises liability [ an injury arising out defective / negligent maintenance of your dojo environment / building under your control ] and professional liability insurance [ litigation related to, your teaching practices ] ! If you have this' business' coverage only and you get into a personal beef outside the dojo not related to your dojo practice , then most likely, you will not have any protection ..go over this with your agent !

A personal umbrella policy is usually written for 1 million dollars in excess over underlying homeowners' coverage of $ 300,000.00 ! As the name implies , this is strictly for non business related events ….this protection does not extend to dojo / professional exposure ! Some personal umbrella policies do not have the language you need for self defense protection ….so check with your agent first …then your lawyer should go over the policy ! And remember no policy out there will ever afford coverage for criminal defense costs if are charged by the police as a result of your encounter …even if proven to have been in self defense !

The waivers usually are not worth the paper they are written on ..as the argument goes that you cannot contract your common law liability away with a piece of paper ! In some states it is a bit stronger than others , and it is generally helpful in arguing assumption of risk ..but don/t count on it !

Now this is not legal advice you are getting from me …so do yourself a favor and do go see an attorney , but the right one …

Van Canna
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