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Cycling Club legal status, protection for officers etc.

  • 26-10-2011 8:39am
    #1
    Registered Users, Registered Users 2 Posts: 232 ✭✭


    Hi All,

    I'm just looking for a bit of advice, I'm sure that there are club officers using this forum that have come across this before, I want to ensure that club officers in the club I am with are protected on a personal level from any possible action that maybe taken against the club for whatever reason. In other words that nobody can lose the shirt off their backs if there ever was a law suit.
    Have any of you pondered legal or charitable staus where directors are limited by guarantee?? If so I would appreciate if you could advise me how you went about it.

    Thanks in advance.
    G.


«1

Comments

  • Registered Users, Registered Users 2 Posts: 685 ✭✭✭Toblerone1978


    G2ECE wrote: »
    Have any of you pondered legal or charitable staus where directors are limited by guarantee?? If so I would appreciate if you could advise me how you went about it.

    Thanks in advance.
    G.

    I'm no legal expert, but I understand that a company limited by guarantee would be a very good way of protecting the officers of the club. However it will come at a cost, somewhat hidden:
    • The initial cost - if you google it, you'll find loads of company willing to do it online. Expect to pay about €250.
    • Prepare the financial statements each year. You may have a member willing to do this for free.
    • Have the financial statments audited - expect to pay about €400/€500 per annum for this, assuming the financial statements are straight forward.
    • Annual filing cost - approx €40 depending if you're setup online.
    The charitable status offers no legal protection, it's really only for tax purposes - I'd say most clubs are making very little income to be really worried about this. Although it's handy to have - if nothing else, a bank may be willing to waive its bank fees if an organisation have one.


  • Registered Users, Registered Users 2 Posts: 31,232 ✭✭✭✭Lumen


    Beasty would probably know this stuff better, but AFAIK there is no mechanism to protect officers of a company/club/whatever from their own failure to fulfill their legal responsibilities (e.g. record keeping, filing of accounts) except by way of insurance, e.g. injuries sustained by in a club organised event.

    Limited companies are designed to protect the directors from their creditors, not from the law.


  • Administrators, Social & Fun Moderators, Sports Moderators Posts: 78,456 Admin ✭✭✭✭✭Beasty


    3rd party insurance should cover most "legal" claims against a club.

    Ultimately liability of the club for claims not covered by insurance is limited to the guarantees given

    That said, I don't claim to be an expert on legal matters.

    Please also note that it is against boards rules to seek or provide any "professional advice", so could posters please bear that in mind when responding


  • Registered Users, Registered Users 2 Posts: 232 ✭✭G2ECE


    Thanks for the replies, I am aware of our responsibilities regarding the administration requirements for the books of accounts etc. I am just a little concerned that if we go on a club training spin for example and a newbie without CI membership shows up, has an accident and sues. Also there is the whole issue of members being protected from discrimination, harassment etc. maybe i am overthinking the situation. I have requested advice from CI and will consult a solicitor. Thanks to you all again.


  • Moderators, Sports Moderators Posts: 25,886 Mod ✭✭✭✭CramCycle


    G2ECE wrote: »
    Thanks for the replies, I am aware of our responsibilities regarding the administration requirements for the books of accounts etc. I am just a little concerned that if we go on a club training spin for example and a newbie without CI membership shows up, has an accident and sues. Also there is the whole issue of members being protected from discrimination, harassment etc. maybe i am overthinking the situation. I have requested advice from CI and will consult a solicitor. Thanks to you all again.

    If someone shows up who is not a member of CI you really should give them warning that while they are accompanying you, they are not part of your group and aren't technically covered and do so at their own risk.

    We had a few non members turn up at our first few club spins and the organiser (usually RottenHat) nicely told them they were welcome but that they weren't covered by CI so they done so at their own risk. It's a public road, you can't tell someone to F Off but you can tell them that they are technically not participating in a club event.


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  • Moderators, Politics Moderators, Sports Moderators Posts: 24,269 Mod ✭✭✭✭Chips Lovell


    CI's insurance allows you to bring guests along for three training spins before they can become a member. After that, they have to join CI.


  • Registered Users, Registered Users 2 Posts: 1,322 ✭✭✭killalanerr


    bit of a grey area this,for those of us that drive in or around cavalcades i am not sure what the legal standing is with regard motor insurance,i would be interested to hear what peoples views are on how one would stand in the case of a claim


  • Registered Users, Registered Users 2 Posts: 1,547 ✭✭✭funkyjebus


    You'd need Directors & Officer insurance. This will cover all directors and officer losses which they become legally liable to pay as a result of a wrongful act.

    Basically, the most important to remember is as a D or O you don't even need to do anything wrong to be named in suit, as often happens. In the end you may be proven innocent, however the legal fees will eat you out of house and home and despite your innocence, you may have to pay these yourself. D&O claims often run of €500k in legal fees alone, so unless you have that lying around, you may need to sell you house, etc, no joking - I've seen it happen.

    A D&O policy will cover your legal costs (as it is illegal for the entity /club to pay these for you), and any legal liabilities you may have to pay.

    I'm an insurance broker and have seen awful things happen to Directors without such cover. I personally would never act as a director / officer without such basic cover. It will probably cost less than a grand for a year for all D&O of the club, not much in the grand scheme of things.

    @killalanerr - I'd would imagine that would still fall under social, domestic and pleasure use, which all private cars are covered for. Personally, I would notify my insurers of this extra activity, then they can never refute a possible claim.


  • Registered Users, Registered Users 2 Posts: 685 ✭✭✭Toblerone1978


    Lumen wrote: »
    there is no mechanism to protect officers of a company/club/whatever from their own failure to fulfill their legal responsibilities (e.g. record keeping, filing of accounts)

    Most clubs and such organisations are not governed by company law, so the statutory requirements you refer to above are not applicable for a lot of these clubs.
    Lumen wrote: »
    Limited companies are designed to protect the directors from their creditors, not from the law.

    "Limited liability" protection of a company is given to its members (i.e. shareholders), not directors. Often in companies, particularly small companies, the shareholders and directors are the one and hence that's where the confusion arises.

    A company limited by guarantee is basically a company designed to be used by non-profit organisations (mostly charitable, sporting, community and residental organisations). There is no shares or shareholders in such company and its one of the principle different to a "normal" limited comapny.

    While I have no legal background, I do believe they would offer the type of protection that the OP enquired about. They do have a lot of the requirement (i.e. hassle) that Lumen mentioned above about filing returns etc.


  • Registered Users, Registered Users 2 Posts: 685 ✭✭✭Toblerone1978


    funkyjebus wrote: »
    You'd need Directors & Officer insurance. This will cover all directors and officer losses which they become legally liable to pay as a result of a wrongful act.

    How much would this cost for a normal cycling club, or is that a "how long is a piece of string" question?


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  • Moderators, Politics Moderators, Sports Moderators Posts: 24,269 Mod ✭✭✭✭Chips Lovell


    Has anyone ever been sued in their capacity as an official of a sports club?


  • Administrators, Social & Fun Moderators, Sports Moderators Posts: 78,456 Admin ✭✭✭✭✭Beasty


    There's an article here by legal firm A&L Goodbody on options to structure Sports Clubs/Organisations

    I don't know if any officers of a Sports Club in Ireland has ever been sued, but in an increasingly litigious society the risks are probably higher now than they have ever been. I know in the Corporate world when I started work getting on for 30 years ago Directors and Officers Insurance was quite rare, whereas nowadays it is pretty much standard practice to take this cover, particularly in larger companies, as directors are much more likely to be targeted by disgruntled shareholders, suppliers, customers or employees

    However the risks in cycling clubs are probably less significant. I guess the main ones probably relate to accidents involving personal injury or damage to equipment and/or motor vehicles.

    Using the example of "guests" at club spins. If the insurance covers up to 3 spins before someone is required to join the club, who keeps track of this within the club?

    What happens if a non-member causes an accident involving 3rd parties? If there is no register of non-members taking part, how can an insurer determine if its conditions have been met. Arguably the Club Committee should ensure arrangements are in place to track this, but until something like this actually happens, most probably don't even think about it. Officers could be considered negligent in such circumstances if they had not taken reasonable steps to monitor this (please note I am not saying this will happen, but it could not be ruled out).

    Similarly if a club failed to have in place adequate insurance, the Officers could be considered negligent, and leave themselves open to personal liability in the event of a claim


  • Registered Users, Registered Users 2 Posts: 1,547 ✭✭✭funkyjebus


    How much would this cost for a normal cycling club, or is that a "how long is a piece of string" question?

    Not sure tbh, never insured one myself. But other non profit organisations would cost about from about 750e to 1500e (very rough figures) for a indemnity of one million, but it does depend on a lot.

    CI seems to only offer public liability and personal accident insurance covers for clubs. Im surprised that thy don't offer some sort of protection for an club official personally as opposed to the entity (although I haven't seen the full policy).

    Vlad, I can snoop in the office tomorrow, we have a lot of clubs. But Id say its happened, perhaps not in cycling but the GAA, etc


  • Moderators, Politics Moderators, Sports Moderators Posts: 24,269 Mod ✭✭✭✭Chips Lovell


    We take names for record purposes. And non-members are informed of their obligation to join CI if they intend going on more than 3 spins.

    The day I have to get Directors and Officers Insurance in order to volunteer for my local club is the day I'll quit doing so.


  • Registered Users, Registered Users 2 Posts: 232 ✭✭G2ECE


    Delighted with the replies guys, I spoke with a CI Staff member, they stated that the only flexibility they allow in relation to Insurance Cover is one spin with the club for newbies, after that they must register with CI or the club and/or its officers will be responsible if anything happens to them. I will definitely be looking into Directors and Officers Insurance.

    @Funky, if you don't mind I might get in contact with you if you can dig out any further info on the matter. I'm a little nervous that someone elses act of misfortune or stupidity could cost me my home :eek:.

    Big thanks to you all!


  • Registered Users, Registered Users 2 Posts: 435 ✭✭mmclo


    Yes it is effectively an insurance issue. A sporting or other club is an unincorporated association. A company limited by gauruntee is used gnerally by bigger charities when they employ people, have buildings or get substantial funding. It would be overkill for a club due to the reporting and other requirments.

    The way around this is usually a group insurance scheme which gets the benefit of bulk buying, presumably this is waht CI has. The members of the club are covered but clearly CI can provide precise details.

    Often extra bits and ad ons can be purchased under these schemes. In the end of the day it is a basic rule of tort that you sue the people with the money which is usually the insurance company. However if it's a big claim they will often try and not pay by any means necessary e.g. joe bloggs wans't suppsed to be there, wasn't trained etc

    CI should have some basoc rules and guidance to keep everyone adhering to certain basics

    A lot of this will change if the Charities Act 2006 is implemented. Sports clubs who raise money may have to register as charities and satisfy certain criteria, however if you're not shaking buckets etc. no need to worry


  • Registered Users, Registered Users 2 Posts: 1,511 ✭✭✭dave2pvd


    What about clubs that put on races every year? This has to be one of the riskiest activities (in terms of attracting lawsuits) for any club.

    I seriously doubt CI's group insurance will cover D&Os should someone fall on their face in the final turn and scream negligence.

    For what it's worth, in these parts (USA), it's smart to incorporate a separate limited company to handle any race organizing. That way, the club's exposure is minimized on race day. With that separation in place, perhaps the existing CI group insurance could be considered sufficient coverage.

    Have CI, or their group insurance carrier published a handbook on how to minimize liability while under their standard coverage? You shouldn't have to be calling up to find out about the 1 group ride rule - it ought to be in your contract. Do you even get to see a copy of the contract?

    Good thread, OP.


  • Registered Users, Registered Users 2 Posts: 435 ✭✭mmclo


    Of course people can incorporate nothing stopping them. I'm just not familiar with races and precise activities of clubs (just in and out of work for me!) these could simply be extra activities on the policy with indemnity. There can be no fault insurance for smaller bills like medical etc. Insurance will only be relevant where there has been negligence and there is a duty of care.

    However I would think if incorporation was seen to be "getting around" basic law on duty of care the courts might set it aside. Incorporation needs to be about more than avoiding the liability, i.e. that there is a real and common endeavour among those forming the company. In the commercial world it's a trade off, limited liability in return for transparency and the need to trade. I'm not sure that balance is as clear for charites when companies ltd by gauruntee but often their creditors aren't as large

    In short there is always a duty of care and incorporating may not be sufficent to avoid it

    NB: Of course this is not legal advice


  • Registered Users, Registered Users 2 Posts: 2,104 ✭✭✭morana


    As a CI board member I would like to clarify what I know about our insurance.

    If you organise a spin you can take guests on the spin who are covered by insurance. The number of spins should be reasonable according to the insurer 3 seems to be reasonable. Get their details and do as Vlad says.

    As regards marshals etc I am sure they are covered.
    Cars in a cavalcade is something I dont know about that and will check.
    If your club is a paid up affiliated club then I am sure all officers and directors are covered .
    As a director of cycling Ireland I know I am covered so I dont see why I should be different.

    This is an area that we need to clarify. I know the insurer lurks on these forums but I will try make contact and ask their advise. However the place to ask such questions are the AGM which is on in dublin this year.


  • Registered Users, Registered Users 2 Posts: 2,104 ✭✭✭morana


    dave2pvd wrote: »
    What about clubs that put on races every year? This has to be one of the riskiest activities (in terms of attracting lawsuits) for any club.

    I seriously doubt CI's group insurance will cover D&Os should someone fall on their face in the final turn and scream negligence.

    For what it's worth, in these parts (USA), it's smart to incorporate a separate limited company to handle any race organizing. That way, the club's exposure is minimized on race day. With that separation in place, perhaps the existing CI group insurance could be considered sufficient coverage.

    Have CI, or their group insurance carrier published a handbook on how to minimize liability while under their standard coverage? You shouldn't have to be calling up to find out about the 1 group ride rule - it ought to be in your contract. Do you even get to see a copy of the contract?

    Good thread, OP.

    I am sure the document/contract is on our website. Regarding crashes in races there have been a few alright and these have gone thru the court system these will be mentioned at the agm as well.

    In the handbook we give guidelines on race organisation. We are also insisting on a Race safety strategy (whats the term????) which also helps identify inadequacies which will make your race safer. There is lots info available.


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  • Registered Users, Registered Users 2 Posts: 685 ✭✭✭Toblerone1978


    morana wrote: »
    If your club is a paid up affiliated club then I am sure all officers and directors are covered.

    As a director of cycling Ireland I know I am covered so I dont see why I should be different.

    Can we have this confirmed Morana? And if this extend to all members of a Clubs committee, not just who hold the standrad posts on the committee (such as chairperson, secretary, PRO etc).


  • Registered Users, Registered Users 2 Posts: 232 ✭✭G2ECE


    morana wrote: »
    As a CI board member I would like to clarify what I know about our insurance.

    If you organise a spin you can take guests on the spin who are covered by insurance. The number of spins should be reasonable according to the insurer 3 seems to be reasonable. Get their details and do as Vlad says.

    As regards marshals etc I am sure they are covered.
    Cars in a cavalcade is something I dont know about that and will check.
    If your club is a paid up affiliated club then I am sure all officers and directors are covered .
    As a director of cycling Ireland I know I am covered so I dont see why I should be different.

    This is an area that we need to clarify. I know the insurer lurks on these forums but I will try make contact and ask their advise. However the place to ask such questions are the AGM which is on in dublin this year.

    Hi Morana,
    Thanks for your replies,
    The following is a copy and paste from an email that I received from CI yesterday regarding the 1 spin or 3 spin debate,

    Regarding insurance we do not allow clubs to have people cycling with them if they do not have Cycling Ireland membership unless they have a one day licence. We allow a tiny bit of movement here in so far as we allow members a one day pass to see if they like the cycling, after that we do not cover the cyclist. If a club violates this and allows non CI members out with them repeatedly and accident occurs Cycling Ireland has no obligation to offer insurance, leaving the club wide open for a court case potentially.


    The FAQ insurance document on the CI website does not indicate if officers and directors are insured. I have to put my hand up and say that I have not seen the policy schedule document so maybe I am worrying for nothing!



  • Registered Users, Registered Users 2 Posts: 1,547 ✭✭✭funkyjebus


    morana wrote: »
    If your club is a paid up affiliated club then I am sure all officers and directors are covered .
    As a director of cycling Ireland I know I am covered so I dont see why I should be different.

    Well the CI document I saw only noted public liability and personal accident, neither of which would offer any cover for an individual officer.

    Cycling Ireland should have d&o cover, which would cover you and other directors of CI, it would not extend to cover an officer of a ci affiliated club. I can see how it would be very different for a ci officer as opposed to a club officer


  • Registered Users, Registered Users 2 Posts: 1,547 ✭✭✭funkyjebus


    If a club violates this and allows non CI members out with them repeatedly and accident occurs Cycling Ireland has no obligation to offer insurance, leaving the club wide open for a court case potentially.


    I have an issue with that response. I would very much doubt that your insurance cover is at the discretion of CI, which the email seems to suggest.

    The club should have a legally binding contract with an insurer. It is an obligation of the insurer, to make sure all insured entites / persons have been provided with policy schedule and document promptly and the cover is in clear simple english.

    Therefore, if there is a specific number of times an uninsured ride can go out, this number needs to be clearly stated. If the policy can be voided (as indicted by that email), then it must be written into the contact and this would be called a warranty or a condition precedent. Any ambiguity in an insurance contract always goes in the favour of the Insured party so if there is no actual figure stated in the insurer document (not on CI website / documents) then it is wide open to interpretation.

    Anyone got a copy of the policy I can review and I can tell you whats what.


  • Administrators, Social & Fun Moderators, Sports Moderators Posts: 78,456 Admin ✭✭✭✭✭Beasty


    funkyjebus wrote: »

    Anyone got a copy of the policy I can review and I can tell you whats what.
    Please don't tell us "what's what" here as that almost certainly amounts to "professional advice", which is not permitted under Boards rules.

    It's really for CI to communicate what the cover is to its members and clubs

    Thanks

    Beasty


  • Registered Users, Registered Users 2 Posts: 232 ✭✭G2ECE


    Beasty wrote: »
    Please don't tell us "what's what" here as that almost certainly amounts to "professional advice", which is not permitted under Boards rules.

    It's really for CI to communicate what the cover is to its members and clubs

    Thanks

    Beasty

    Hi Beasty, to be fair my original query is provoking the discussion, I really appreciate all of the advice given but if you feel the thread needs locking then please do so. I am going to seek legal advice and maybe get back onto CI again.

    Regards,
    G.


  • Registered Users, Registered Users 2 Posts: 1,547 ✭✭✭funkyjebus


    G2ECE wrote: »
    Beasty wrote: »
    Please don't tell us "what's what" here as that almost certainly amounts to "professional advice", which is not permitted under Boards rules.

    It's really for CI to communicate what the cover is to its members and clubs

    Thanks

    Beasty

    Hi Beasty, to be fair my original query is provoking the discussion, I really appreciate all of the advice given but if you feel the thread needs locking then please do so. I am going to seek legal advice and maybe get back onto CI again.

    Regards,
    G.
    Feel free to pm me if you need anything. First things first, get your hands on a copy of the policy and see what cover you have at present, then you can talk about d&o cover.

    Just to say, I know for sure that a certain massive sporting association in Ireland provides as standard d&o cover for all officers from the top all the way down to club level with nearly 2000 clubs.

    Apologies beasty, didnt think about like that. While I agree that this is no place for professional advice, its seems ci are not communicating the cover well. I am not looking to offer advice, just clarification of the wording, but I appreciate your position.


  • Administrators, Social & Fun Moderators, Sports Moderators Posts: 78,456 Admin ✭✭✭✭✭Beasty


    I'm not looking to lock the thread, and I think it's very useful to get some of these questions out on the table. There is absolutely no problem with stating facts (that are in the public domain), but we cross the line with something like this when we get into interpreting (rather than stating) exactly what (in this case) the policy covers

    Communication via PM is absolutely fine, so long as no-one starts quoting from anything that may be considered "advice" in the public forum

    Ultimately this is something for CI to communicate about and/or advise on - the forthcoming AGM provides an ideal opportunity for members or clubs to ask relevant questions. You may not get all the answers there and then (although I am sure morana can "prime" them a bit based on this thread), but you should at least be able to get a commitment to report back on anything they cannot cover off at the meeting.


  • Registered Users, Registered Users 2 Posts: 2,104 ✭✭✭morana


    Before you go get legal advice just give me the exact question you want answered and I will do my best to get you an answer by close of business tomorrow!


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  • Registered Users, Registered Users 2 Posts: 2,104 ✭✭✭morana


    one incident from last year was a cyclist colliding with a horse which escaped from a field and action is/was being taken against the club and CI. I recall the officer in the club was the secretary. the insurers are contesting/covering this.

    Also, Committee members coaches and board members have professional indemnity cover against claims for advice given which leads to a financial claim been made against the individual/ club or CI for which they are legally liable.


    These are directly taken from the presentation the insurers gave at a recent meeting in the red cow (Feb 11). Does this help?


  • Registered Users, Registered Users 2 Posts: 685 ✭✭✭Toblerone1978


    Thanks morana. I would be a lot more comfortable seeing this:
    Committee members coaches and board members have professional indemnity cover against claims which leads to a financial claim been made against the individual/ club or CI for which they are legally liable.

    rather than
    morana wrote: »
    Also, Committee members coaches and board members have professional indemnity cover against claims for advice given which leads to a financial claim been made against the individual/ club or CI for which they are legally liable.

    I think there should be insurance cover provided by Cycling Ireland for actions taken by committee members coaches and board members for all action taken in their role.

    I know finance is tight for a lot of organisations so IMO, if it means increasing the cost of CI membership, so be it.


  • Registered Users, Registered Users 2 Posts: 2,104 ✭✭✭morana


    Thanks morana. I would be a lot more comfortable seeing this:


    rather than



    I think there should be insurance cover provided by Cycling Ireland for actions taken by committee members coaches and board members for all action taken in their role.

    I know finance is tight for a lot of organisations so IMO, if it means increasing the cost of CI membership, so be it.

    Based on the incident I quoted for the Sec of the club does this not satisfy your first (mis)quote of me? I dont think the person was an organiser of the event.... but I take your point. I will contact our good friends in O'driscoll O'Neill and get a definitive answer.

    I suppose if I give you the wrong advice here at least I am covered!!!!!


  • Registered Users, Registered Users 2 Posts: 232 ✭✭G2ECE


    morana wrote: »
    Before you go get legal advice just give me the exact question you want answered and I will do my best to get you an answer by close of business tomorrow!

    Hi morana, I think Funkyjebus described it best:
    You'd need Directors & Officer insurance. This will cover all directors and officer losses which they become legally liable to pay as a result of a wrongful act.

    Basically, the most important to remember is as a D or O you don't even need to do anything wrong to be named in suit, as often happens. In the end you may be proven innocent, however the legal fees will eat you out of house and home and despite your innocence, you may have to pay these yourself. D&O claims often run of €500k in legal fees alone, so unless you have that lying around, you may need to sell you house, etc, no joking - I've seen it happen.

    A D&O policy will cover your legal costs (as it is illegal for the entity /club to pay these for you), and any legal liabilities you may have to pay.

    I'm an insurance broker and have seen awful things happen to Directors without such cover. I personally would never act as a director / officer without such basic cover. It will probably cost less than a grand for a year for all D&O of the club, not much in the grand scheme of things.

    I have every intention of doing things correctly within the club but if I am named in a suit I dont want to lose my home defending myself.


  • Registered Users, Registered Users 2 Posts: 2,104 ✭✭✭morana


    G2ECE wrote: »
    Hi morana, I think Funkyjebus described it best:



    I have every intention of doing things correctly within the club but if I am named in a suit I dont want to lose my home defending myself.

    Ok so I will pursue this on your behalf! Funkyjebus description is exactly as I described in the horse incident and I am sure the person involved is not under canvas but I will get you an answer from the brokers who supply the only sports specific insurers in Ireland....so I would expect they have this boxed off....


  • Administrators, Social & Fun Moderators, Sports Moderators Posts: 78,456 Admin ✭✭✭✭✭Beasty


    morana wrote: »

    I suppose if I give you the wrong advice here at least I am covered!!!!!
    Even though you are a Board member of CI, the same rules apply. Please stick to stating the facts rather than "giving advice" on Boards

    Thanks

    Beasty


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  • Registered Users, Registered Users 2 Posts: 2,104 ✭✭✭morana


    Beasty wrote: »
    Even though you are a Board member of CI, the same rules apply. Please stick to stating the facts rather than "giving advice" on Boards

    Thanks

    Beasty

    of course Fergie Beasty....was that the hairdryer?? that was a little humour. you know me and Facts :)


  • Registered Users, Registered Users 2 Posts: 232 ✭✭G2ECE


    morana wrote: »
    Ok so I will pursue this on your behalf! Funkyjebus description is exactly as I described in the horse incident and I am sure the person involved is not under canvas but I will get you an answer from the brokers who supply the only sports specific insurers in Ireland....so I would expect they have this boxed off....

    Cheers! you can pm me if you want my email addy, just so we dont cross the advice/stating facts line or Beasty might rip us both new ones!! :)


  • Registered Users, Registered Users 2 Posts: 2,104 ✭✭✭morana


    G2ECE wrote: »
    Cheers! you can pm me if you want my email addy, just so we dont cross the advice/stating facts line or Beasty might rip us both new ones!! :)

    I think it will be fine to post here and it will inform others.

    we had a lot of this type of stuff wen we were trying to engage another cycling organisation in ireland so it was good to clarify some odf the q's.


  • Registered Users, Registered Users 2 Posts: 2,460 ✭✭✭Slideshowbob


    Beasty wrote: »
    funkyjebus wrote: »

    Anyone got a copy of the policy I can review and I can tell you whats what.
    Please don't tell us "what's what" here as that almost certainly amounts to "professional advice", which is not permitted under Boards rules.

    It's really for CI to communicate what the cover is to its members and clubs

    Thanks

    Beasty

    Beasty have I ever crossed the line here and told people what's what?


  • Registered Users, Registered Users 2 Posts: 2,460 ✭✭✭Slideshowbob


    Thanks morana. I would be a lot more comfortable seeing this:
    morana wrote: »
    Committee members coaches and board members have professional indemnity cover against claims which leads to a financial claim been made against the individual/ club or CI for which they are legally liable.

    rather than
    morana wrote: »
    Also, Committee members coaches and board members have professional indemnity cover against claims for advice given which leads to a financial claim been made against the individual/ club or CI for which they are legally liable.

    I think there should be insurance cover provided by Cycling Ireland for actions taken by committee members coaches and board members for all action taken in their role.

    I know finance is tight for a lot of organisations so IMO, if it means increasing the cost of CI membership, so be it.

    Can CI be expected to cover all possible scenarios and liabilities attaching to them?!?


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  • Registered Users, Registered Users 2 Posts: 1,511 ✭✭✭dave2pvd


    OK, so there's some info on CI insurance here. But no copy of the policy.

    This link appears to be a CI FAQ. Mentions a bit about coverage limits. "€100 excess and the maximum amount payable is €2,500. Medical expenses are covered up to €2,500 & Physiotherapy expenses up to €250. There is also dental cover up to €2,000 with an excess of €100 for each claim". Just as well you have a fine government-provided healthcare system to take care of the rest of the bills ;) So who authored the FAQ? Why is there no date on the document? And where is the actual policy pdf link?

    It would be great if all club members were covered by the Public Liability Policy: "There is an indemnity limit of €7.5million with a €500 excess. This covers you for 3rd party liability or property damage for which you are held legal liable. You are personally responsible for the first €500 is respect of third party property damage". Sounds like it to me (that's not advice, mind you - just an opinion). Sure would be nice to see that policy.

    Something to consider: I think each and every club member ought to have a CI license, whether they race or not. Might not be nice to be the only one on a race org committee without that coverage should the sh1t hit the fan.

    morana, thanks for trying to address this. You might want to refrain from answering too many questions via pm.


  • Administrators, Social & Fun Moderators, Sports Moderators Posts: 78,456 Admin ✭✭✭✭✭Beasty


    Beasty have I ever crossed the line here and told people what's what?
    Boards has a specific rule prohibiting the seeking or providing of "professional" (and indeed medical) advice. Please see here

    AFAIK you have never sought to be an "expert" in any particular "profession" within the cycling forum, and nothing you have said in this forum could be construed as "professional advice". Of course, I cannot comment on any posts you may have made elsewhere on Boards


  • Administrators, Social & Fun Moderators, Sports Moderators Posts: 78,456 Admin ✭✭✭✭✭Beasty


    Can CI be expected to cover all possible scenarios and liabilities attaching to them?!?
    As I am sure you are aware there is no such thing as unlimited cover/insurance. There will be limits laid down in policy (as there are in all insurance policies), and you could never rule out the risk of failure of an insurance company (although part of their role is to spread the risk). Hopefully the regulators are much more on top of this following the credit crunch fallout though;)


  • Moderators, Politics Moderators, Sports Moderators Posts: 24,269 Mod ✭✭✭✭Chips Lovell


    Will CI insurance cover Greek sovereign bonds?


  • Administrators, Social & Fun Moderators, Sports Moderators Posts: 78,456 Admin ✭✭✭✭✭Beasty


    Will CI insurance cover Greek sovereign bonds?
    How much have you got? I might if the price is right;)


  • Registered Users, Registered Users 2 Posts: 2,104 ✭✭✭morana


    I checked with the CEO this morning and we do indeed have Directors and Officers cover. However, DaveUSA made a good point all of your committee members should have membership of the organisation.


  • Moderators, Science, Health & Environment Moderators Posts: 11,669 Mod ✭✭✭✭RobFowl


    morana wrote: »
    I checked with the CEO this morning and we do indeed have Directors and Officers cover. However, DaveUSA made a good point all of your committee members should have membership of the organisation.

    Swords CC has a mix of CI and IVCA members.
    Does the IVCA have a similar/different policy or are they covered by the CI one?


  • Administrators, Social & Fun Moderators, Sports Moderators Posts: 78,456 Admin ✭✭✭✭✭Beasty


    The IVCA is a limited company. They certainly provide accident cover, but I'm not sure whether they provide D&O. Even if they do I would be very surprised if that extended beyond the Directors and Officers (in effect the committees) of the IVCA (in their capacity as Directors and Officers of the IVCA alone) - could be an interesting discussion with the Lion of Fingal on tomorrow's spin, if we ever catch him

    EDIT - the small print - my current avatar is not intended to suggest I am anything other than an ordinary member of the IVCA. I am neither a director nor officer of the IVCA and cannot be held responsible for any claims against that organisation, its directors or officers;)


  • Registered Users, Registered Users 2 Posts: 685 ✭✭✭Toblerone1978


    morana wrote: »
    I checked with the CEO this morning and we do indeed have Directors and Officers cover. However, DaveUSA made a good point all of your committee members should have membership of the organisation.

    Morana, just to be clear on this: The D&O cover would extend to all comittee members of all cycling clubs affiliated with Cycling Ireland (rather than just the Cycling Ireland board) - correct?

    Thanks for your assistance on this, much appreciated.


  • Registered Users, Registered Users 2 Posts: 2,104 ✭✭✭morana


    Morana, just to be clear on this: The D&O cover would extend to all comittee members of all cycling clubs affiliated with Cycling Ireland (rather than just the Cycling Ireland board) - correct?

    Thanks for your assistance on this, much appreciated.

    yes thats my understanding but I will confirm it for you.

    The IVCA promote all their events and have no IVCA clubs afaik so I dont think it arises. However CI clubs do promote some events on their behalf (Longford and Limerick).


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