Features of the Insurance Program
Types of Coverage
Under Hockey Canada’s current General Liability policy, the following is the definition for bodily injury:
“Bodily Injury” means bodily injury, sickness, disease, mental injury, mental anguish or nervous shock sustained by a person, including death resulting from any of these at any time.
As it relates to COVID-19, that would fall within the definition – more specifically, under disease.
Liability claims against Hockey Canada always need to be proven by the third party, so continuing to update and enforce risk-management guidelines as new risks emerge, such as COVID-19, are imperative. Understand that Hockey Canada and its Members are actively working on updating risk-management protocols related to return-to-hockey guidelines post-COVID-19.
As with all claim scenarios, the insurance company would investigate all claims presented against any Member of Hockey Canada that falls within the ‘bodily injury’ definition and would confirm coverage based on the framing of the allegations.
It will also be important to review new municipal rink/private rink facility contracts post-COVID-19 for all rentals; in all likelihood, they will now contain a new clause which absolves the municipality/private facility owners of any liability related to COVID-19.
New lease agreements will need to be carefully scrutinized given that organizations will potentially have little control over cleaning/sanitizing of rented premises and shouldn’t be expected to take on all liability related to COVID-19 in these facilities.
Finally, it should be noted that many insurance companies are implementing Communicable Disease/COVID-19 exclusions on all policies either immediately, or upon renewal. Hockey Canada can advise that AIG, who is Hockey Canada’s primary General Liability insurer, has agreed to waive this exclusion in the General Liability policy until Sept. 1, 2023. Hockey Canada will NOT have this exclusion in its policy until that date, at the earliest.
The liability coverage is designed to cover Hockey Canada-registered participants for their on- and off-ice activities while participating in Hockey Canada sanctioned events.
This coverage responds on behalf of an individual who has paid a premium or had a premium paid on their behalf, and who is named as a defendant in a lawsuit alleging that, that individual was negligent doing whatever it was they were alleged to have done or did not do what they should have done and thereby contributed to the personal injury the claimant incurred. The Hockey Canada Liability Policy will provide up to $20 million of coverage with respect to a single liability occurrence, as dictated by the terms and conditions of the policy.
The policy is designed to cover those events your team would typically be involved in. For example, if a local hockey association were to rent a bus and driver to transport a team to a game or tournament sanctioned by the Member, and if that vehicle was in an accident and a number of players suffered serious injuries and a lawsuit ensued, then the liability coverage placed on that vehicle by the owners would respond to any claims which might arise, and should that coverage be insufficient to respond to all of the damages awarded, then the Hockey Canada coverage/policy would respond as the secondary carrier to the maximum allowable by the policy.
As identified, the Hockey Canada Liability Policy is a General Liability insurance policy designed to respond on behalf of any of the registered participants in the game, including players, coaches, managers, trainers/safety persons, on- and off- ice officials and volunteers.
This policy is a Personal Injury and Property Damage policy.
Personal Injury - Example: A player receives a serious injury during a sanctioned game and as a result of that injury, a lawsuit arises. If you, as a coach, are named as one of the defendants in that lawsuit, alleging that you were negligent by “not doing something you should have done” or “doing something you should not have done,” then the Hockey Canada Liability Policy would respond on your behalf in defending you in that action from the first dollar.
Property Damage - Example: A team was in its dressing room prior to the start of the game, and while the coach was absent, a number of players started ‘horsing around’ which resulted in damage being done to the walls of the dressing room. A claim was made by the facility owner for recovery of costs incurred to repair the damage. If the coach was named as being negligent for not properly supervising the players, then the Hockey Canada policy would defend his interests. It should be pointed out that in the property damage area of the policy there is a $50,000 deductible. In addition, it should be noted that there are exclusions within the policy wherein the policy would not respond on behalf of any individual where it is shown that the claim has arisen as a result of an intentional act by the defendant.
Accidental Death & Dismemberment (AD&D) - AD&D insurance covers very serious, permanent injuries that might occur while participating in a Hockey Canada/Member sanctioned activity. This coverage is in addition to any other valid and collectable insurance policy.
- Class 1 – All members of registered teams (including but not limited to coaches, trainers, assistants, referees, league/association executives, Hockey Canada personnel, all members of Roller Hockey Canada, administrators, off-ice officials and other designated persons) of the Policyholder, whose names are on file with the Policyholder all of whom are 25 or under.
- Class 2 – All members of registered teams (including but not limited to coaches, trainers, assistants, referees, league/association executives, Hockey Canada personnel, all members of Roller Hockey Canada, administrators, off-ice officials and other designated persons) of the Policyholder, whose names are on file with the Policyholder, all of whom are age 25 or over.
- Class 3 – All volunteer members of the Policyholder, all of whom are under the age of 80.
The Company shall pay the amount specified in the Table of Losses, if an Insured Person sustains a Loss stated therein resulting from Injury, provided that:
- such Loss occurs within three hundred and sixty-five (365) days after the date of accident causing such Loss;
- the amount of the benefit payable for any such Loss shall be the amount set out in the Table of Losses, for that specific Loss; and
- if more than one (1) Loss is sustained as the result of any accident, only one (1) benefit shall be payable, the largest.