NATIONAL INSURANCE WORK GROUP 2009/12

1. NATIONAL INSURANCE WORK GROUP 2009/12

2. CLUB NIGHT 2009 CONTENTS 1. LIABILITY UPDATE INC NEW BLOCK HIRER POLICY 2. PROPERTY INSURANCE AND BACKGROUND TO RENEWAL 3. GAA INJURY SCHEME 4. OVERVIEW INC Q & A

3. CLUB DAY2009 GAA LIABILITY INSURANCE • COVERS EMPLOYERS & PUBLIC LIABILITY INSURANCE. • GAA SELF FUNDS UP TO E1.5 MILLION AND BUYS A POLICY TO COVER CLAIMS IN EXCESS THIS LEVEL. • POLICY COVERS THE GAA AS A CULTURAL & SPORTING ORGANISATION. • OVERALL NATIONAL PREMIUM UNCHANGED FOR 09 INC ADDITION OF HIRER POLICY NB - THE EXCLUDED ACTIVITIES UNDER THE HIRER POLICY ARE ALSO APPLICABLE TO THE MAIN GAA LIABILITY POLICY

4. GAA LIABILITY INSURANCE • EMPLOYERS LIABILITY COVERS CLUBS AGAINST CLAIMS FOR ACCIDENTS/INJURIES TO EMPLOYEES INVOLVING NEGLIGENCE. • THE SELF FUND MENTIONED ON THE PUBLIC LIABILITY INCLUDES THE EMPLOYERS LIABILITY. • IT INCLUDES FAS SCHEMES RUN BY CLUBS ON GAA PROPERTY. • THE SAFETY, HEALTH and WELFARE at WORK ACT, 2005 IMPOSES ADDITIONAL RESPONSIBILITY ON CLUB OFFICERS. • GAA CLUBS AS EMPLOYERS HAVE THE FOLLOWING DUTIES: 1. A SAFE PLACE OF WORK. 2. A SAFE SYSTEM OF WORK. 3. PROVIDE PROPER EQUIPMENT. 5. ADEQUATE TRAINING ON A CONTINUOUS BASIS 4. HIRE COMPETENT STAFF.

5. Safety, Health and Welfare at Work Act (2005) • All clubs should have a Health & Safety Statement. Legally, there is a slight grey area insofar as clubs who don’t have employees, are not an employer and the Safety Statement does not apply. In practice this is rare because all clubs have volunteers carrying out various tasks and pay people from time to time to provide a particular service. Therefore, the club requires a Safety Statement.

6. Full details in regard to completing a Safety Statement/Risk Assessment can be obtained on the web under Section 19 of the Safety, Health and Welfare at Work Act 2005 GOALPOSTS NSAI IRISH STANDARD I.S 357:2007 • Code of practice on the procurement. installation, maintenance, inspection and storage. NSAI IRISH STANDARD I.S. 356:2007 • Functional and safety requirements – test methods for portable and fixed goals.

10. CLUB NIGHT Liability Claims – some Examples 1. Claimant struck by falling roof tile. Settled for €10k 2. Minor aged 8 suffered serious leg injury by motor propelled lawn mower. Settled €260k 3. Plaintiff injured when bar stool collapsed underneath him.Case settled at €46k 4. Claimant running for ball, went over on ankle breaking it, alleged depression in ground, osteo arthritis. Settled €141K 5. 12 year old girl fell off sports equipment at club grounds breaking her arm. Claim settled for €22k 6. Tubular steel frame chair collapsed,bruising to ribs and skull. Settled €21K

11. 7. Female alleged head & neck injuries whilst driving over gulley at club entrance. GAA 25% liable at €77k 8. Plaintiff fell on defective stairs. Claim shared between GAA & festival committee at €125k 9. Large beech tree blew over in a storm causing damage and injury to neighbours and property. Payments of €202K, O/S €30K 10.Plaintiff (minor) lost tip of finger on wire whilst pitch was being used by local national school. Reserve of €225k. GAA will be found part liable. 11. Plaintiff broke ankle on wet floor during TP dance at GAA club. Settled for €74k 12 Claimant injured whilst moving portable goal post. Partial amputation of ring finger. Settled €141K

12. LEASED PROPERTY • If clubs lease portion of their property to be used on a commercial basis, the club should ensure that the following is in place:- • A lease for no longer than 4 years 9 months although there has been a change it this, in that a tenant can renounce their rights to a new tenancy by signing this as part of a lease arrangement. This would mean that you could sign the lease for a 5 year period and the tenant would not have any legal right after this time since they would have signed these away as part of the lease arrangement • The lessee should put in place, Employers Liability and Public/Products Liability cover with indemnity limits of €13m and €6.5m respectively. • The policies should include a specific indemnity to CumannLúthchleas Gael/Club

13. CLUB NIGHT 2009 BLOCK HIRER POLICY • THE HIRER SCHEME IN ITS PRESENT FORMAT HAS NOT BEEN SUCCESSFUL DUE TO THE RELUCTANCE OF CLUBS TO AVAIL OF THE SCHEME. THIS DESPITE THE FACT IT WAS IN PLACE TO PROTECT THE GAA INSURANCE PROGRAMME. • THE OVERALL COST TO INCLUDE THE HIRER POLICY WILL BE NO DEARER THAN LAST YEAR AND WILL ONLY CHANGE IF THE CLAIMS WITHIN ANY ONE COUNTY DETERIORATES. • THE PURPOSE OF THE SEPARATE POLICY IS TO ELIMINATE NON GAA CLAIMS FROM THE MAIN GAA INSURANCE PROGRAMME. • CLUB RESPONSIBLE FOR THE FIRST€1,500 EACH AND EVERY CLAIM • CLUBS WITH FACILITIES FOR HIRE WILL BE ALLOCATED A SEPARATE CHARGE. • INSURERS WOULD NEED A DESIGNATED PERSON APPOINTED TO KEEP RECORDS OF ALL EVENTS COVERED UNDER THE HIRER POLICY SO AS TO DISTINGUISH WHETHER AN INCIDENT, IF REPORTED COMES UNDER GAA INSURANCE OR THE HIRER POLICY.

14. EVENTS REQUESTED BY CLUBS Fairgrounds/Circuses/ Big Foot Car Squashing Events Beauty Salons & various Businesses run from GAA Clubs Boat Races/Regattas, Charity Cycles/Runs/Walks Children’s Playgrounds, Crèche Facilities, Santa’s Grottos inc. animals Rock/Folk Concerts, Dances, discos Bungee Jumping, Bouncy Castles and other inflatable slides Pony/Donkey Rides/ Cow Pat Bingo, Sheep Shearing Helicopter Landings Bar-B-Ques/Bars/Hooleys/Set Dancing Gymnasiums open to the public or leased to Third Parties

15. EVENTS REQUESTED BY CLUBS Community Games, Clubs using facilities for sports, Summer Camps Part use as functioning schools, car parks, community centres, Mobile Phone Masts, Bottle Banks, Private Apartments for Renting Use by Health Boards and other Government Departments or by other “local” Third Parties, Weight Watchers, Scouts, Bridge Club, Prayer Groups, Soccer/Rugby/Badminton Clubs. 21st Birthday Parties, Weddings, Funerals Use of Third Party Premises Construction - Self Build Programmes, Poc Fadas/Scór/Féile na nGael/ Féile Peile na nOg/Cumann na mBun Scoil All Ireland Homecoming Parades inc use of flatbed trailers as stages

16. EXCLUDED ACTIVITIES UNDER BOTH THE HIRER POLICY AND THE MAIN GAA LIABILITY POLICY • CIRCUSES/FAIRGROUNDS • BOUNCY CASTLES/BUNJEE JUMPING/INFLATABLES and/or TRAMPOLINES • ANIMAL SHOWS • COMMERCIAL DISCOS • ROCK/POP CONCERTS • MOTORISED SPORTS OR RACING. • PARACHUTE JUMPING/ABSEILING or ROCK CLIMBING or OTHER DANGEROUS ACTIVITIES • FIREWORKS DISPLAYS CLG WILL EXAMINE EACH REQUEST ON A CASE BY CASE BASIS.

17. Markets and Martial Arts

18. Bungee Jumping and Bouncy Castles

19. JCB SCOREBOARD

20. CLUB NIGHT 2009 • WHILST THIS POLICY IS IN PLACE IT DOES NOT ELIMINATE THE REQUIREMENT THAT ORGANIZATIONS,SUCH AS CRECHES, GAELSCOILS, ,AEROBICS, CLASSES AND ART CLASSES ETC SHOULD CONTINUE TO BE ASKED TO PRODUCE EVIDENCE OF THEIR INSURANCE WITH MINIMUM INDEMNITY LIMITS OF €13 M EMPLOYERS LIABILITY AND €6.5M PUBLIC LIABILITY. • THE COVER SHOULD ALSO INCLUDE A SPECIFIC INDEMNITY TO CLG/CLUB

21. CLUB NIGHT 2009 IMPORTANCE OF HIRER POLICY • PROTECTION OF OUR OWN SCHEME AND INSURANCE FUND. • IMPOSES ORDER ON AN AREA WHICH WAS POORLY REGULATED. • ALLOWS CLUBS TO PROMOTE THEIR FACILITIES PROPERLY AND RAISE FINANCE IN THE PROCESS. • LONG TERM, IT SHOULD HELP REDUCE PREMIUMS FOR INDIVIDUAL CLUBS.

22. CLUB NIGHT 2009 GAA PROPERTY INSURANCE • COVERS GAA PROPERTY AGAINST LOSS OR DAMAGE CAUSED BY AN INSURED PERIL. • COVERS AGAINST FIRE, STORM, BURST PIPES, EXPLOSION, THEFT, MALICIOUS DAMAGE AND OTHER PERILS INCLUDING THEFT OF CASH. • IT ALSO COVERS BUSINESS INTERRUPTION FOR CLUBS WITH BARS AND SOCIAL CENTRES. • ALL CLUBS ARE COVERED ON A GLOBAL BASIS, I.E. NO INDIVIDUAL VALUES EXCEPT CROKE PARK. • EXCESS OF E4,000 EACH AND EVERY CLAIM.

23. 2009 CLUB NIGHT GAA PROPERTY INSURANCE • IN EXISTENCE SINCE 1988- UNDERWRITTEN BY ALLIANZ • SUFFERED HEAVY LOSSES FOR FIRST 5 YEARS (260%) BUT HAD RECOVERED TO A VERY RESPECTABLE LEVEL UNTIL AUGUST 08 WHEN WE SUFFERED HEAVY LOSSES THROUGH ARSON ATTACKS, BREAK-INS AND FLOOD DAMAGE. • 2009 IS NOT FAIRING ANY BETTER. • IMPORTANT TO NOTE THAT A LIMIT OF E10 MILLION EXISTS FOR REPLACING INDIVIDUAL CLUB PROPERTIES OUTSIDE OF SPECIFIED COUNTY GROUNDS ( E20 MILLION LIMIT). • ONCE AGAIN, IT IS IMPORTANT TO EMPHASISE THE NEED FOR GOOD HOUSEKEEPING.

24. CLUB NIGHT 2009 PROPERTY INSURANCES DISASTROUS RUN FROM AUG/DEC 08, IE OVER €3M PAID AND O/S WHEN PREMIUM IS APPROX €1M. FIRES €2M+, FLOODS €750K AND BREAK INS €250K. LOSS RATIO GONE FROM 40% TO 130% OVER 5 YEAR PERIOD. RENEWAL WAS VERY DIFFICULT. FIRST HALF OF 2009 VERY POOR AGAIN. AGAIN, INDIVIDUAL RECORDS COME INTO PLAY OVER ROLLING 5 YEAR BASIS.

27. CLUB NIGHT 2009 • PREMIUM ALLOCATED IN 2009 ON THE FOLLOWING BASIS: • 1. €10,000 MINIMUM CHARGE TO EACH COUNTY • 2. 25% of PREMIUM ALLOCATED BASED ON THE NUMBER OF CLUBS IN EACH COUNTY • 3. 75% of PREMIUM BASED ON THE CLAIMS EXPERIENCE WITHIN EACH COUNTY.

28. CLUB NIGHT 2009 PLAYERS INJURY SCHEME TARGET INCOME €9.5M. TOOK IN €8.8M TO JUST BREAK EVEN. SELF EMPLOYED NEED TO MAKE ADEQUATE PROVISIONS THEMSELVES CHALLENGE GAMES- PERMIT NEEDED 48 HRS IN ADVANCE BY E-MAIL TO COUNTY SEC. COUNTY BOARD REFS NEEDED FROM MINOR UP FOR SUCH GAMES. CHANGE IN REGISTRATION SYSTEM PROPOSED. RISE IN DENTAL INJURIES IS ALSO A CONCERN.

29. CLUB NIGHT 2009 PLAYERS INJURY SCHEME ONLY APPROVED PHYSIOS/PHYSICAL THERAPISTS. MUST BE MEDICALLY PRESCRIBED BY A GP. TAKE UP BY SCHOOLS & COLLEGES OF CONCERN. 60 DAY RULE HAVING AN IMPACT. FIRST 2 PAGES OF CLAIM FORM (www.gaa.ie). LATE NOTIFICATIONS WILL NOT BE DEALT WITH. GREAT RESPONSIBILITY ON CLUB OFFICERS TO VERIFY CLAIMS GAA SCHEME TO BE USED AS LAST RESORT. IN SUMMARY, LOOK AFTER OUR OWN SCHEME, IT IS A 1st CLASS SCHEME BUT IT’S FUTURE SECURITY LIES IN YOUR OWN HANDS

30. Club Night 2009 Note to Delegates: If you take nothing else away from tonight, go back to your club and ensure your juvenile posts are safe!

31. Go raibh maith agat