Liability insurance

This is Dave Young's Forum.
Can you really bridge the gap between reality and training? Between traditional karate and real world encounters? Absolutely, we will address in this forum why this transition is necessary and critical for survival, and provide suggestions on how to do this correctly. So come in and feel welcomed, but leave your egos at the door!
Post Reply
User avatar
RACastanet
Posts: 3744
Joined: Thu Mar 11, 1999 6:01 am
Location: Richmond, VA

Liability insurance

Post by RACastanet »

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
User avatar
Van Canna
Posts: 57244
Joined: Thu Mar 11, 1999 6:01 am

Liability insurance

Post by Van Canna »

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
Moe Mensale
Posts: 148
Joined: Thu Sep 17, 1998 6:01 am
Location: Boca Raton, FL

Liability insurance

Post by Moe Mensale »

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?

Regards,
Moe
User avatar
RACastanet
Posts: 3744
Joined: Thu Mar 11, 1999 6:01 am
Location: Richmond, VA

Liability insurance

Post by RACastanet »

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
User avatar
Van Canna
Posts: 57244
Joined: Thu Mar 11, 1999 6:01 am

Liability insurance

Post by Van Canna »

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
Post Reply

Return to “Realist Training”