Saturday, 18 November 2017

Insurance

The brokers used by the PAGB arrange for various types of insurance at competitive rates negotiated for us all by the PAGB. These include:

Club All Risks

This provides cover for equipment owned by, or loaned to your club as well as the prints and transparencies in your club’s possession. There are 3 sections of cover under the policy, which are:

  • Section A – Club Property (equipment owned by the club)
  • Section B – Third Party Property (equipment loaned to the club)
  • Section C – Prints & Transparencies

There is a minimum premium of £47.15 (2017) for each section of cover required, which is inclusive of the 5% Government Insurance Premium Tax. Cover does include accidental damage, but will not cover any damage due to everyday wear and tear, or replacement bulbs. This policy will provide cover for the equipment whilst at your club meeting place, at an exhibition/presentation, at a club member’s home for storage or club purposes (no cover provided if the member is using the equipment for their own purposes) or in transit to or from theses places.

Members All Risks

This policy provides cover for equipment owned by club members and will cover equipment whilst anywhere in the United Kingdom and worldwide with a maximum period of 30 days cover in any one year. As with the Club All Risks policy, accidental damage is included and everyday wear and tear is excluded. This policy would be in the club’s name, but would note the separate members names and limits of indemnity as proof of the cover provided by the policy.

Public Liability

This policy covers the club for damage to third party property (excluding property owned by the Club, or loaned to them) or injury to a third party, where it can be shown that the club/club member has acted negligently e.g. faulty equipment has been used and caused a fire. The policy does not cover deliberate acts, which would be a criminal offence and therefore be uninsurable. This policy is provided by the Federation that the club belongs to and is arranged by the federation representative.

The policy covers club excursions within the United Kingdom, but Royal & SunAlliance will extend this for Worldwide trips.  Any club should notify us if they are planning a trip abroad in good time, to enable us to make the appropriate arrangements.  The information required will be:

  1. Date leaving the UK
  2. Date returning to the UK
  3. Countries being visited
  4. Reason for visiting the area
  5. Number of Members attending

PUBLIC LIABILITY RISK ASSESSMENT

ALL CLUBS are advised to carry out a Risk AssesSment to identify potential hazards and solutions for the venue in which they meet.

A REGISTER of attendees should also be kept for every meeting.

For those Clubs that do not have a regular meeting place and therefore meet in Members homes - Risk Assessments should be carried out for any venue in which they meet.

In addition the register of attendees needs to show the date and meeting venue address, as this will be required if a claim occurs, to prove that a claim is potentially valid (i.e. the Club was at the location on a given date).

They should also note that by meeting in a member's home, there is potential for the Member to be involved in any claim as the property owner/occupier. As such, the Club should ensure that the Member has sufficient household cover in place, with particular interest paid to Public Liability (which is more often noted as Property Owners Liability.

Fire and Theft

This policy is designed to provide Buildings cover for clubs that own their own meeting place. The cover is equivalent to that provided under the buildings section of a household policy and includes cover for Fire, Lightning, Flood, Breakage of Glass and Subsidence, Heave and Landslip.

If you want to discuss insurance, Naomi Saul, our Treasurer, will be pleased to help. Her telephone number is 01462 711772 and, incidentally, neither she nor the Federation, receive any commission or bonus payment as incentives! Otherwise, you can speak directly with Robert Barden of Darwin Clayton (UK) Ltd, who deals with Federation Insurance – telephone 01892 511144.

Copies of Key Facts and up to date Policy documents are available from the Darwin Clayton  Website:-www.darwinclayton.co.uk/insurance-products/photographers


 

 

TRUSTEE INSURANCE - WHAT IT IS AND WHY YOU NEED IT


TRUSTEE INSURANCE is different from PUBLIC LIABILITY INSURANCE which most clubs have.

Public Liability Insurance covers the club and its members against injury to a third party, or damage to the property of a third party. For example, if a member trips over a wire or cable, no matter how well protected, and the visiting lecturer's digital projector and laptop crash to the floor. Or it could cover payment for injury compensation if the visiting lecturer trips over the cable and breaks a leg.

Trustee Insurance Members of any club committee may be liable to pay for a claim made for many things covered under this policy. Legally, every committee member is a Trustee of the club and if any committee member is responsible for a wrongful act - either doing something he or she should not do, or failing to carry out an action that he or she should have carried out, then each and every committee member is liable to pay out on any claim resulting. The PAGB feels that his type of cover has become necessary because, in recent years, we have heard reports of claims being made in quite ordinary clubs. We do not know of any photographic club where this has happened but we do know there have been threats or implied threats causing distress and worry even in our own Federation. Whilst claims are not very common, when they do occur they can involve many thousands of pounds.

This Trustee Indemnity Policy is designed to protect all Committee members including the PAGB Executive Committee, your Federation Management Committee and your Club Committee. Full details of the policy cover have been made available to Federations. Frankly it is a legal document difficult for a lay person to understand but Royal Sun Alliance have reported claims under this type of policy for Racial Discrimination, Misuse of Trust (Club) funds, Slander, Defamation, Loss of Documents, Loss of Property, Breach of Authority and Dishonesty of a Trustee. Of course, we all think it unlikely that this could happen in our clubs but the risk is potentially catastrophic for club trustees.

This Policy excludes losses that are uninsurable under the law such as taxes, penalties and fines. The maximum sum payable in the event of a claim is £100,000 per club and the Insurers will pay a maximum of £2,000,000 in any one year.

The Northern Counties PF have produced a paper circulated to their member clubs and we are indebted to them for their assistance. It included these possible examples:

  1. A club member in all innocence publishes an item on a club website or newsletter that is later subject of a libel claim, then the responsibility for settling any damages would fall not on him but equally on each and every committee member.
  2. The club needs a Treasurer and accepts the offer of fairly new member to take up the post. As is quite normal no check is made on that person's honesty. The volunteer Treasurer then absconds with the club funds - any club member could sue the committee for negligence. (We have seen reports that this has actually happened to a club in the UK)
  3. A sailing club had been unable to finance vital maintenance of a wharf or pier and, as a result, substantial loss was caused to a third party. The actual damage costs were covered by PLI but the club found themselves subject to a claim for consequential loss, such that the individual members of the sailing club committee might each be bankrupted. (From newspaper reports).


Obviously we are not lawyers or insurance experts and this advice is given on the understanding that the PAGB and its Federations take no responsibility for the success or otherwise of any claim under this policy.

COPIES OF BOTH THE PUBLIC LIABAILITY INSURANCE AND TRUSTEE INDEMNITY INSURANCE BOOKLETS ARE AVAILABLE FROM THE DOWNLOAD SECTION OF THE WEBSITE or direct from the Darwin Clayton website -  link mentioned above.

IF YOU HAVE ANY QUERIES REGARDING THE PUBLIC LIABILITY INSURANCE POLICY OR THE TRUSTEE INDEMNITY POLICY COVER -  OR IF YOU BECOME AWARE OF ANY POSSIBLE CLAIMS - PLEASE CONTACT NAOMI SAUL (TREASURER) DIRECT.

 

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