BS-AC Third Party/Public Liability Insurance

A Brief Description of the Cover

The policy this year runs from 1/06/09 to 31/05/10 under Policy Number 149/2C02/FM628811/3.

Frequently Asked Questions - March 2008

Who is covered by this policy?

All BSAC members, the Committee of BSAC for the time being and BSAC International Ltd.

When are they covered?

All BSAC members are covered when engaged on, Club activities and when they are diving anywhere in the world. Excluding liability for incidents within USA/Canada territories.

What is meant by the term Civil Liability Insurance?

Civil Liability is the name of the policy that is arranged by Perkins Slade. The one combined policy includes Public Liability, Products Liability, Directors & Officers, Professional Indemnity, Member to Member Liability, Libel & Slander, Indemnity to Principals and other matters under civil law.

Am I covered on Dives arranged outside of Club Dives?

Yes, provided you follow the BSACís Diving Guidelines.

Is there an age limit for cover?

There is no maximum age limit on the policy although BSAC guidelines on suitable minimum ages for diving must be adhered to.

Does the insurance include the use of Nitrox, Rebreathers and Trimix?

Yes, where they are being used in accordance with BSAC recommendations.

What happens when I am abroad and diving on holiday with other organisations at either a Dive Centre at a Hotel, or an Independent Dive School at Resort?

Your BSAC member liability insurance still covers you but if you are going to engage in speciality diving that is outside of BSAC recommendations, please check with BSAC Headquarters and their Insurance Advisors that the activity can be included in the member liability cover.

Can one BSAC member claim personal injury or damage to property caused by another BSAC member?

Yes, if it's as a result of negligence and results in a legal claim, this is called "Member to Member Liability" and is stated in the policy.

If I feel that I am responsible for an injury or damage to someone else's property and I may be held responsible, what should I do?

You must not admit any responsibility or liability at the time of the incident. Report the matter to BSAC Headquarters and you will receive a response from HQ and/or their Legal Advisors telling you what the legal position is.

I know that I have an obligation to report all incidents to the insurance brokers that may give rise to a claim but what does this actually mean in practice?

This may be interpreted as any incident involving injury to: a fatal accident, allegations of libel & slander, any investigation under Child Protection, an injury involving either referral to or actual hospital treatment, any circumstance involving damage to third party property, any allegations of Professional Negligence i.e. arising out of tuition, coaching or advice given

If you are in any doubt please contact Donna Doran at Perkins Slade on 0121 698 8043

Are guests and visitors to our Club covered by this policy?

Yes, guests and visitors who are in the process of joining the club and who are receiving training, or visiting certified divers diving with your Branch, with a view to membership, are covered by this insurance for up to 7 visits in one 30 day period during the current policy year. Once they have joined your Branch and are members of BSAC they are covered like any other BSAC member.

Does the 7 visit restriction for guests and visitors apply to Friends, Family or Members of the Public that we allow to swim in our pool during pools sessions?

No. Friends and family, or members of the public that you allow to swim in your pool during your pool sessions are covered by this insurance regardless of the number of visits they make. This insurance applies even if you charge them for the swimming sessions, so long as the proceeds are dispersed to your Branch funds.

Are we covered for arranging "Try Dives" for the public?

Yes, you are covered for arranging this activity along with Open Nights at your Branch and Club Social Events.

Does this insurance cover the Swimming Pool Management/Owners if they are sued because of our negligence?

Yes, this is called "Indemnity to Principals" and is stated in the policy. The cover also extends to any "Principal" who allows you to use their facilities, like Lake or Pit Owners, Schools and Colleges.

Is the use of compressors covered?

Damage or injury caused by improper or negligent use of compressor equipment is covered under the members liability policy. Damage or injury caused by mechanical failure of the compressor is not covered.

Will this insurance be acceptable to the Ministry of Defence if we use their facilities or are based inside a military establishment?

Yes, we have written agreement from the MOD that they accept the policy that is in place.

Will BSAC Liability Insurance pay claims if I am injured or lose or damage my diving equipment if no one is to blame?

No. BSAC's annual Liability insurance is not an "Accident", "Travel" or "Dive Equipment" Insurance. You should insure these risks yourself with an appropriate insurer

If you have any further questions not covered by the above please do not hesitate to email bsac@perkins-slade.com

March 2008