INSURANCE Insurance issues for members

By Ian Hayter, operations manager, JLT – REPs insurance providers

A recent enquiry from a REPs member highlights some of the confusion that can exist regarding who should be responsible for any accidents that may occur when using hired premises, such as a village hall.

The member wrote: I have a potential class to run in a church hall. The church insists that public liability insurance from the users covers not only the class (i.e. while the class is running), but also the rest of the grounds, so that if someone has an accident moving from the car to the front door and they have a fall, then insurance covers that too. My insurance is through REPs, and I am interested in understanding whether it would cover this kind of eventuality?

From our interpretation of the question, it appears that the church is insisting public liability insurance extends to include the grounds in addition to the hall and immediate area where the class is taking place. The example supplied requires that insurance is in place to cover the eventuality of an attendee sustaining some form of injury in a fall while walking from their vehicle to the door of the premises. It has to be remembered that any liability insurance will only provide an indemnity if the insured is legally responsible for the injury or damage sustained. The fact that the

member is hosting a class at the church hall does not absolve the church of its responsibility to all visitors as the owners or “occupiers” of the hall and its grounds.

If an attendee tripped and suffered an injury as a result of a damaged paving slab then the REPs member could not be held liable if he/she was unaware of the hazard, as the member has no control over the condition of the paving nor any responsibility for its maintenance. The church could, however, be held liable. One would assume that the church has its own liability insurance arrangements in place but it is nevertheless important to check this.

The member could be deemed liable if he/she was aware of the hazard and removed any warning sign that had been placed by the church. Similarly liability could attach to the member if he/ she put up signs directing the attendees to the class so that they directly passed a known hazard. Ultimately this could be a decision for the Courts - rest assured, however, that if the member was found liable then the REPs Insurance Scheme would engage as the liability has arisen during the course of his/her activities as an exercise professional. The fact that the incident occurred while the attendee was making their way to the class, rather than during the class itself, is irrelevant in these circumstances.

To find out more about the REPs Insurance Scheme please call 020 8686 6464 or visit www.exerciseregister.org

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The REPs Journal 2010;18(September):24-25 16/7/10 16:21:28