Tuesday, March 20, 2018

INSURANCE

Good morning dancers, over the years many have asked about the Insurance we have through EOSARDA, and we never seem to have all the answers. This morning I found the most information on the CSRDA Website and thought I would post it here. you can find out more if you click here it will take you to the society's website on insurance.


Third Party Liability Insurance

What is Third Party Liability Insurance?
Third Party Liability Insurance is provided as a benefit of membership in the Canadian Square & Round Dance Society. The insurance is to protect members from claims by a third party for: Bodily injury, death, or damage to property.
The first party is comprised of the members of dance organizations that make up the Society. We are called the “insured”.
The second party is the insuring company, which most likely is referred to as the “insurer”.
The Third party” means someone else outside our dancing organization or the insurance company with whom we deal. Typically, it is the corporate or individual owner of a hall or a building or other facility which we use for dancing or dance related activities. It could also mean some person or organization we deal with to buy something, or obtain some service from, or provide some service to.
One important point when considering the third party liability insurance is that it is business insurance, and the Society’s insurance policy is a standard Non Profit business policy. At first glance, it may appear that we do not fit easily into this type of insurance, but we do.

What is our business?Our business is dancing. We tend to treat it as a hobby or recreation, but take the viewpoint that we dance for money and that we spend a lot of time practicing (weekly dances) in order to perform publicly (demos) to sell our product (dancing for fun, health, recreation, etc.).
Cross Liability:We have, as well, “cross liability” included in our insurance policies so that someone within the square and round dance movement can take legal action against someone else within the movement.

The Insurance Policy

What to do in the event of an incidentIn the event of an incident, members should render first aid and assistance as considered practical in the situation. If warranted, emergency services should be contacted. At the first available opportunity, notification should be given by phone to the person handling the membership duties of the Federation/Association. It should be followed up in writing providing the details of the incident as follows:
  1. How, when, and where the occurrence took place
  2. The names and addresses of any injured persons, and of witnesses
This written report must be sent to both the CSRDS Membership Chair and the insurance company’s account manager.
In the event a claim is made or action brought against a member, the member must:
  1. Provide prompt notification to the Society’s membership person of demands, notices, summonses, or legal papers received in connection with the claim or action;
  2. Authorize for the insurance company to obtain necessary records and information;
  3. Co-operate with the investigation and assist with the settlement.
Generally, members should render all reasonable assistance possible for the protection of life and property. Then, at the first available opportunity, make notes of what happened. Notes greatly assist in any resulting legal inquiry. The best guide for the notes are: “who”, “where”, “what”, “when”, “why”, and “how”.

What to Expect in a Legal Process

The legal process is called “litigation” and although it sounds complicated, it is usually straight forward.
We are lucky that square and round dancing is a safe activity. We have had national and provincial insurance in place since 1978, and have had very few cases that involved insurance.
However, there have been accidents, such as:
  • Walking into a glass window;
  • Falling off a ladder while decorating a hall;
  • Falling off a float in a parade;
  • Slipping and falling while dancing.
Even though we are a “safe” activity, accidents do happen. That is why we are insured. And we get our insurance at such a low rate because we are a low risk activity.
The legal process is sure, but slow. Someone claims that someone else is responsible for something and demands damages. Both sides hire lawyers. Most of the time, out-of-court settlement is made, as this is the quickest method for all concerned. There have been cases in square dancing when the insurer paid for some minor breakage, rather than go through the legal proceedings.
For a large claim, there will be a “discovery” prior to any trial when evidence is given and each side weighs its chances. Settlements often occur here. If no settlement is reached, the case goes to trial. It takes at least one year for even minor cases to go to court. If there are appeals, then it drags on and on.
If you follow Supreme Court decisions, they are usually giving a judgment on something that occurred five or more years ago.
Legal fees are also a consideration here. Lawyers bill by the hour. However, if you have liability insurance, then the insuring company covers all the costs. It still takes time, but at least we are not personally liable to pay the bills.

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