The British Association of Sport Rehabilitators & Trainers provide the following insurances as a benefit of membership

Transcription

1 6 1st February st January 2019 The British Association of Sport Rehabilitators & Trainers provide the following insurances as a benefit of membership Professional Liability Insurance (including Fitness to Practice cover) Criminal Prosecution Defence Insurance (UK members only) Summary of Covers 24 th January 2018

2 Index Introduction 4 Insurance Broker Services 5 Professional Liability Insurance Activities Insured 6 Who is Insured 6 Insurer and Policy Number 6 Type of Cover 6 Basis of Cover 6 Retroactive Cover 6 International Cover 6 Excess 7 Limits Insured 7 Prosecution Defence 7 Release of Confidential Information 7 Loss or Damage to Documents 7 Public Relations Consultancy Costs 7 Additional Persons Insured 7 Costs of Court Attendance 7 Top-Up Cover 7 Fees Recovery 7 Run-off Liability 7 Complaints Response 8 Disciplinary Proceedingss Extension 8 1

3 Sub-Letting of Premises 8 Training Extension 8 Members Own Companies 8 Insurance for Additional Activities 9 Main Exclusions North American Exclusion 10 HRT Viii VAV Aids Exclusion 10 Surgical and Dental Treatrment Exclusion 10 Injury to Employees & Students 10 Fines, Penalties and Punitive Damages 10 Employment Disputes 10 Known Circumstances Exclusion 10 Work prior to BASRaT Membership 10 Treatment of Professional Footballers 10 Claims Notification 11 Criminal Prosecution Defence Cover (UK members only) 12 Insurer 12 Who is Insured 12 Cover and Key Exclusions 12 Limit of Indemnity 12 Territorial Limits 13 Basis of Cover 13 Retroactive Cover 13 Legal Helpline 13 Claim Notifications 13 Optional Insurances 14 Sports Massage Insurance for BASRaT Students 14 2

4 Contacts 15 Complaints 16 Terms of Business 17 Financial Conduct Authority 17 Policy Documents 17 Appendix 1 Full Exclusion wording for treatments to Professional Footballers 18 3

5 Introduction Qualified Members of the British Association of Sport Rehabilitators and Trainers (BASRaT) in designated membership categories receive Civil Liability Insurance (which includes Medical, Professional, Public & Products Liability Insurance) as a benefit of membership, subject to the terms and conditions of the policy. In addition all UK members have access to legal helplines and legal expenses for the defence of certain criminal prosecutions brought in the United Kingdom. The policies operate from the 1st February each year to the 31st January of the following year. Eligible Members may download a current Certificate of Professional Liability Insurance as evidence of cover by visiting This paper is for general guidance and information only. Members are advised to read the full policy Terms & Conditions available on line from either BASRaT s own website or the Brokers website members. The Summary is not intended to be exhaustive and does not in any way alter the Terms & Conditions of the policy. In the event of any conflict, the Terms & Conditions of the policy will take precedence over this Summary. Members are strongly advised to ensure the cover provided is adequate and appropriate for their Professional requirements and to either exercise any additional options, or purchase supplementary insurances for risks not catered for under the BASRaT Block Scheme. If you are unsure whether the cover provided in this Summary document meets your own particular circumstances or needs, you should seek your own legal and/or insurance advice before proceeding with any particular course of action. 4

6 Insurance Broker Services The schemes are administered and managed on behalf of BASRaT by Graybrook Insurance Brokers Limited, a specialist liability insurance broker. Graybrook is authorised and regulated by the Financial Conduct Authority under authorisation number Servicing Team Account Manager: William Hulse ACII williamhulse@graybrook.co.uk Finance Manager: James Lett Cert CII jameslett@graybrook.co.uk Professional Advisers: Jo Vaughan Cert CII jovaughan@graybrook.co.uk Megan Field Cert CII meganfield@graybrook.co.uk Administration: Jan Archer enquiry@graybrook.co.uk Kim Atkinson enquiry@graybrook.co.uk Nicola Smith nicolasmith@graybrook.co.uk Contact Details: Graybrook Insurance Brokers Limited 8 Chandlers Way, South Woodham Ferrers, Essex, CM3 5TB enquiry@graybrook.co.uk website: members Tel: Fax:

7 Professional Liability Insurance Activities Insured All activities within the BASRaT role delineation (or any additional activities for which Members have registered and paid the appropriate premium). Who is Insured Any current qualified Member of the British Association of Sports Rehabilitators and Trainers ordinarily resident in Great Britain, Northern Ireland, the Isle of Man, the Channel Islands or the Republic of Ireland. Insurer AXA Insurance PLC Limited. Policy Number LSBDX Type of Cover The Policy covers claims for which Members are legally liable to pay as compensation caused by any actual or alleged negligent act, error or omission by the Member arising from activities within BASRaT s role delineation (or other insured activity for which the Member is registered) or during the performance of a Good Samaritans Act. Basis of Cover The policy is underwritten on a claims made basis which means that only claims first reported to Members whilst the policy is still current will be insured. Valid BASRaT membership must be held both on the date of treatment/advice and also on the date the Member first becomes aware of circumstances that might lead to a claim, or the date on which the claim is first notified. Cover does not apply where Members are insured elsewhere or have the benefit of alternative indemnity arrangements, or for any work undertaken prior to BASRaT membership. Retroactive Cover No work is included within this insurance scheme that pre dates BASRaT membership, even if a claim is received at a later date during BASRaT Membership. Members are, therefore, advised to arrange run off cover with their previous insurers for any work undertaken prior to BASRaT Membership. International Cover The policy automatically provides cover for work within Great Britain, Northern Ireland, the Channel Islands, the Isle of Man and the Republic of Ireland and for Members ordinarily resident in these territories, cover extends to elsewhere in the World subject to a limit of 60 days in any 12 month period. The 60 day limitation, however, does not apply to Members deployed overseas by the Ministry of Defence. 6

8 Excess there is no excess payable by Members in respect of any claim under this Policy. Limits Insured 5,000,000 in respect of any one claim (but in the aggregate in any period of insurance in respect of claims relating to pollution and contamination).insurers will also pay costs in addition to the limit of indemnity. The following sub limits apply: Prosecution Defence Insurers will pay the legal costs defending Members against criminal proceedings or prosecution arising from (a) an alleged offence under the Health & Safety at Work Act 1974 (b) breach of part (ii) of Consumer Protection Act 1987 or (c) part (ii) of the Food Safety Act 1990 (where such prosecutions may give rise to a valid claim under this policy). The maximum amount payable under this extension is 100,000. Other sub limits of Indemnity which apply include: Release of Confidential Information 5,000 Loss or Damage to Documents 50,000 Public Relations Consultancy Costs 25,000 Additional Persons Insured Personal representatives of any deceased Member entitled to indemnity under this policy. Costs of Court Attendance At the request of insurers attending Court as a Witness in relation to any claim 500. Top-Up Cover Members may increase their own personal level of insurance to either 7.5million or 10million on request. See topup for details of costs and application form Fees Recovery In order to mitigate any losses under the policy, insurers may reimburse fees owing to members in respect of Professional Services rendered. Run-off Liability The policy includes up to three years run off cover where Members cease to practice by reason of death, retirement or career break provided the master policy is in force at the date of claim. Run off cover is also provided to lapsed graduate members from the date of membership cancellation subject to: The master policy being in force at the date of claim 7

9 BASRaT membership retained in a non practicing graduate or Allied Health Professional membership category The member is not entitled to indemnity under any other insurance arrangements Any claim relates to work undertaken during the period of BASRaT Graduate Membership and relates to activities insured by this Policy No run off cover is provided to any limited company or partnership unless by special arrangement and agreement. The run off cover provided to members in BASRaT Non practicing Graduate or Allied Health Professional Categories affords valuable protection for previous work particularly for members that subsequently qualify as physiotherapists and join the CSP s own insurance programme to cover their future work. No cover is provided by the CSP for any work prior to joining the CSP or any work outside the scope of physiotherapy practice. Complaints Response Costs and expenses in preparing a response to a Professional Regulatory Body following complaint of misconduct against Members up to 800. Disciplinary Proceedings Extension Reasonable Legal Costs in Defence of any disciplinary proceedings brought against Members by a Professional Regulator. Sub-letting of Premises Business activities include Members liability as Leasor of the usual business premises. Training Extension (Graduate Members only) Covers Members whilst training others within BASRaT s role delineation (but not for the members liability to students or employees in their care for which separate Employers Liability insurance is required). Members Own Companies Sole Trader Private Limited Companies formed by Members are also included within the scope of cover (subject to the Terms & Conditions of the Policy) provided: They are owned 100% by a BASRaT Graduate Member Any claim arises from work undertaken within the BASRaT role delineation (separate cover will be required for any other work) The member is the sole practitioner and cover applies only to the Member s own negligence The company is not entitled to indemnity under any other insurance arrangement 8

10 Insurance for Additional Activities In addition to the cover provided for work within BASRaT s role delineation, cover may be included for the following activities (provided Members are suitably qualified and registered where appropriate and income does not exceed 50% of their total annual income): Acupuncture dry needling provision of orthotics physiotherapy (subject to additional charges) Members requiring cover for these additional activities must register them with BASRaT, obtain HCPC registration where applicable, pay any additional charges which may be due and provide suitable evidence of training and qualification to BASRaT for approval. Post Natal Pilates has been removed as an option, as BASRaT confirm this is within Qualified Members role delineation. Any other activities should be separately insured and additional quotations may be obtained from BASRaT s Brokers: Graybrook Insurance Brokers Limited Tel: enquiry@graybrook.co.uk website: members 9

11 Main Exclusions North American Exclusion Excludes any actions brought in the United States of America or Canada (or elsewhere to enforce judgement in such territories) if any Member has a branch office or other establishment, parent or subsidiary company or is represented by a Agent holding the Member s Power of Attorney in the United States of America or Canada. HRT Viii LAV Aids Exclusion Members are not insured for failing to cure or alleviate any condition directly or indirectly associated with HIV aids or related illnesses (see policy exclusion 15 for full details). Surgical and Dental Treatment Exclusion see policy wording for details. Injury to Employees and Students No cover is provided for injury to employees arising out of the course of their employment with a Member or students on work experience (Members should obtain separate Employers Liability insurance). Fines, Penalties and Punitive Damages No cover is provided. Employment Disputes No cover provided in respect of disputes between Members and their present or former employer or employee. Known Circumstances Exclusion No claims are covered under this Policy resulting from any circumstances or claims known to Members prior to the date of joining BASRaT or commencement of cover under this policy, whichever date is later. Work Prior to BASRaT Membership This Policy does not include any activities undertaken by Members prior to Membership of BASRaT or during any period where BASRaT Membership is not held (even though a claim resulting from such work may materialise during the period of Membership). Treatment of Professional Footballers Exclusion This exclusion applies to all members from the 1st July Full details of the exclusion appears in Appendix 1. 10

12 Claims Notification No admission offer or promise of payment to be made without written consent of the insurers. Members must notify claims in writing to the Brokers below as soon as possible in respect of any event which may give rise to liability under this policy with full particulars of such event. Graybrook Insurance Brokers Limited 8 Chandlers Way South Woodham Ferrers Essex CM3 5TB Tel enquiry@graybrook.co.uk Website: Fax No

13 Criminal Prosecution Defence Insurance Insurer Markel International Insurance Co. Ltd Administrator Abbey Legal Who is Insured Anyone holding UK BASRaT membership at the date of any incident giving rise to a claim, and on the date of claim. (This cover is currently not available to Irish members and excludes prosecutions brought against members in the Channel Islands and the Isle of Man). Cover Legal Expenses where there are reasonable prospects to defend criminal prosecutions including appeals and representation at interviews under caution but excluding: Any allegation relating to or arising from investigations by HMRC; Any allegation of offences against the person, including offences of a sexual nature unless the Insured maintains a not guilty plea throughout the course of their defence; Any allegation of domestic violence; Any allegation of criminal damage; Any allegation of dishonesty unless the Insured maintains a not guilty plea throughout the course of their defence; Any allegation of non-endorsable road traffic offences except tachograph prosecutions and weight prosecutions; Any allegation of driving whilst under the influence of alcohol and/or drugs, or speeding; Any allegation of failure to insure a motor vehicle as required by law; Where the Insured is arrested and does not attend the interview under caution as a volunteer Where the Claim relates to an incident that occurred prior to the Retroactive Date Fines or other penalties imposed by a Court of Tribunal Any Claim arising from: the Insured s intentional wrongdoing; or an act or omission with negligent disregard as to its consequences Any dispute or legal proceedings arising out of breach or alleged breach of confidentiality or passing off whether related to intellectual property or not Any dispute or legal proceedings arising out of or in connection with actual alleged defamation or malicious falsehood Limit of Indemnity - 100,000 any one claim and in total for each member in any period of insurance. 12

14 Territorial Limits This policy only covers prosecutions brought in a UK Criminal Court (excluding The Channel Islands and the Isle of Man). Basis of Cover Claims made the policy must be current on the date of claim Retroactive Cover Incidents or circumstances which occurred prior to commencement of this policy or date of BASRaT membership are excluded, whichever date is the later. Legal Helpline Available 24/7 see policy for details (please have your membership details available) Claim Notifications Members must contact the Legal and Claims helplines contained in the policy document to notify any potential claim at the earliest possible date. Members must comply with the policy terms and conditions and obtain the insurers consent before incurring any legal expenses or instructing their own legal representatives. Claims will only be considered where the member maintains a not guilty plea and there are reasonable defence prospects. Please contact the scheme brokers for further information and guidance on

15 Optional Insurances Business Liability Insurance The BASRaT schemes are designed to cover individual Members only. However, limited companies owned 100% by a BASRaT Graduate Member are included within the Professional Liability policy subject to the Member being the only practitioner and the only work undertaken is within the BASRaT role delineation. Otherwise companies that do not meet these criteria should obtain separate insurance (see liability). Members operating a Clinic or Practice Premises may also wish to insure the assets including Revenues following damage to the Clinic premises as well as general liabilities (see practice). Members undertaking any activity not insured under the BASRaT Block Scheme should also obtain separate insurance for such activities (please call to discuss) Student Members qualified to practice Sports Massage may apply for Professional Liability Insurance at discounted rates ( students) Other Optional Insurances Members may wish to consider include: Employers Liability Insurance to cover the Member s liability as an employer where others are employed including the Member s liability for students on work experience Members Liability as a Director, or Officer of any Corporate Entity (see liability). Increase level of Professional Liability cover to either 7,500,000 or 10,000,000 (see topup for details) Cyber Liability to cover the consequences of data theft or system failures due to hacking (please ask for more information and application form). 14

16 Contacts Role Delineation Enquiries The Scheme Brokers are not qualified to answer questions on whether specific activities are within BASRaT s role delineation. Such enquiries should be directed to BASRaT for clarification. All activities deemed to be within the BASRaT Role Delineation will be automatically covered under the Insurance Schemes, together with any specific activities stated in the Professional Liability Insurance Certificate where Members hold appropriate qualifications and have been accepted by BASRaT subject to any prevailing conditions that may apply. Insurance Queries All enquiries relating to the BASRaT policy (other than role delineation) or applications for additional insurance should be directed to: Graybrook Insurance Brokers Limited 8 Chandlers Way South Woodham Ferrers Essex CM3 5TB Tel enquiry@graybrook.co.uk Website Members Block Scheme: members Students Members Sports Massage: students Fax No

17 Complaints Whilst all reasonable care has been taken in compiling the BASRaT Insurance Schemes, any complaint should be directed to: William Hulse ACII Managing Director Graybrook Insurance Brokers Limited 8 Chandlers Way South Woodham Ferrers Essex CM3 5TB Tel williamhulse@graybrook.co.uk Website: Fax No

18 Terms of Business The Company s Terms of Business is available by following the link Our Terms of Business contained in the Brokers website or on request. Financial Conduct Authority Graybrook Insurance Brokers Limited is directly Authorised by the Financial Conduct Authority under registration number Members can check this on the FCA Register by visiting or by contacting the FCA on Policy Documents Copies of the full policy wordings are available upon request, or by visiting the BASRaT website or members. Members unable to access the internet may request copies of all documents to be delivered by post. 17

19 Appendix 1 Treatment of Professional Footballers Exclusion 18

20 Treatment of Professional Footballers Exclusion As from the 1 st July, 2016 the Professional Liability policy excludes any treatment or medical services provided by any Member who a) is contracted to or is otherwise working for a Defined Club (as a full-time or part-time employee, independent contractor or consultant or in any other capacity or b) who otherwise promote their services to a Defined Club or a Professional Footballer. This exclusion shall also apply to any Member engaged by any other Football Club or Team which is not a Defined Club whilst any Professional Footballer is on loan from a Defined Club. This exclusion shall not apply to disability football teams or Good Samaritan Acts. Definitions Professional Footballer: a) any male football player aged 16 years or over and whose part-time or full-time earnings whether direct or indirect are derived from playing football and b) plays football for or in connection with any Defined Club. This definition includes: first team players or reserve players and any junior team players, trialists and academy players players on loan to a Defined Club players on loan from a Defined Club to any football team or club (whether a Defined Club or not) any other football player employed by or apprenticed or otherwise contracted to or engaged by or playing under the patronage of or otherwise in association with a Defined Club including for the avoidance of doubt branded soccer schools or c) any professional footballer regardless of age when selected (and only in and to the extent of their capacity) as a squad member or player for any national or international football team of any country including but not limited to participation in competitive or friendly matches at senior or 19

21 junior level (age related or otherwise) training regimes or any other official activity relating to their national or international duties. Defined Club: Any national or international professional association football team or any football club playing in any of the top two professional football divisions of England (currently known as the English Premiership and Championship Divisions), Scotland (currently known as the Scottish Premiership and Championship Divisions), Republic of Ireland or any other country (other than clubs playing in the football leagues of Wales, Northern Ireland, the Channel Islands or the Isle of Man). For the purpose of this exclusion, a football club which is promoted to any of the top two professional football divisions to which this exclusion relates shall be deemed to be a Defined Club with effect from a.m. on the date of the first official league game of the relevant division following the clubs promotion and a Defined Club that is relegated from the two divisions shall cease to be a Defined Club at a.m. on the day of the first league game in the division to which the club has been relegated. All other terms, conditions and exclusions remain unchanged. 20