PUBLIC LIABILITY INSURANCE

The District has a Public Liability Insurance Policy with cover for SA R20 million (or equivalent in Namibia and Angola). The organisation being indemnified is Rotary International District 9350 and this embraces and includes all volunteers, their friends, family or other people working with Rotary (clubs or District) on any given Rotary identified project. Therefore, Rotarians, Anns, Ladies of the Inner Wheel, Rotaractors and Interactors are all indemnified by the policy.

The insurance cover is for an amount up to R20million for any one incident or accident occurring at the identified project. The policy covers claims by third parties (usually the public) against Rotary arising out of the identified projects for death, injury, or illness to third parties and includes loss or damage to third party property. Liability has to be proven by the third party as is usual with policies of this type. We also have ancillary extensions for Statutory Defence Costs, Wrongful Arrest and Defamation with a limit of R250,000 each, which is considered adequate. The policy does not cover Errors and Omissions or incorrect Advice given. A Professional Indemnity Policy, which is not considered appropriate for our organization, would normally cover this.

It must be remembered that the Public Liability Insurance Policy applies to claims by third parties against Rotary and does not extend to death, injury or illness to, or loss by, volunteers and members of the Rotary family working on identified Rotary projects these people are responsible for arranging their own Insurance cover which is not specific to Rotary or a Rotary project.

The Public Liability Insurance Policy covers all projects (with the exceptions listed below) undertaken by Rotary clubs making up District 9350 in South Africa, Namibia and Angola.

1. Use of third party equipment
Where a Rotary club hires or borrows third party equipment for a project and the Rotary club, through its volunteers, is in control of that equipment then the Public Liability Insurance Policy will cover Rotary for claims from third parties for injury, death, illness or loss or damage arising out of the use of such equipment. Examples could be the running of a children's merry-go-round at a fair (jumping castle) or the use of floodlights at an open-air concert.

Where, however, the Rotary club hires an organization to provide and run its own equipment at a Rotary club project it is the responsibility of that organisation operating the equipment to arrange its own insurance.

NB Attention is drawn to the fact that neither the District, nor Rotarians, nor volunteers are permitted to accept liability by contractual arrangements without the prior consent of the underwriters. In other words we may not extend our indemnity to a third party. The indemnity covers us and we cannot commit our underwriters to cover third parties.

2. Use of self-propelled motor vehicles, including water craft
The Public Liability Insurance Policy does not include death, injury, illness or loss or damage arising out of use of self-propelled motor vehicles including motor cars and motor cycles (Harley Davidson's and others) or watercraft. It is usual for these to be excluded from Public Liability Policies. The owners of such vehicles need to carry their own insurance.

Therefore, attention is drawn to the fact that under an individual's own motor insurance policy there is a limitation to the passenger liability cover provided in the liability section. The usual limit is R2,500,000 unless an individual has higher cover.

This has implications for Rotarians transporting foreigners e.g. visiting Rotarians, their families, ambassadorial scholars, exchange students, GSE team members, Rotarians and families on Friendship Exchanges and the like.

NB. The District 9350 Public Liability policy does not extend cover for this exposure. It is our understanding that similar conditions will apply in Namibia and Angola.

3. Cycle races/fun runs (as qualified)
The Public Liability Insurance Policy covers cycle races, fun runs and similar events. However, the Argus cycle tour is not covered under the District policy as the Cycle Tour Trust, independently of Rotary District 9350, organizes this event and they arrange their own insurance cover, which far exceeds the R20 million cover.

NB. Our Public Liability Policy does not cover injury sustained by participants arising out of accidents caused by participants themselves in the event. Our policy indemnifies us for our negligence in causing an injury to a participant.

Pollution and Products
Under the general indemnity, with relevance to pollution and products, the District has all the cover necessary at R20 million to cover cases such as mass food poisoning directly attributable to Rotary at carnivals, parties for children and the elderly, etc where Rotarians prepare and serve food.

Claims
The existing policy is written to a Claims Made basis, which means that any claim must be made during the period of the insurance, which runs from the 9th December to the 8th December of the following year. It is, therefore, imperative that any suggestion of a claim must be lodged within the year in which the event takes place. Potential claims must be notified to the Rotary District 9350 Services Centre, Cape Town for onward transmission to the Underwriters within the prescribed time limit i.e. before the 1st of December in the year in which the event took place. This is to be done whether or not a claim does eventuate.

NB. At no time is the District or are Rotarians and volunteers permitted to admit or accept liability without the consent of the underwriters.

Registration of projects
Details of the project or event are to be e-mailed or faxed to the District Office, giving the date, time and nature of the event, well in advance of the event taking place so that the Office can register the project or event as an identified project of Rotary International District 9350. Should there be any doubt as to a particular project being covered by the Public Liability Insurance Policy the District's insurance consultants need to be consulted timeously.

Insurance Underwriters
Lloyds of London through our insurance consultants Wrankmore and Associates underwrite the Public Liability Insurance policy.

No other policies
The Public Liability Insurance Policy is the only insurance policy held by the District that covers Rotary clubs in District 9350 as set out above. There are no other policies held by District covering club's regalia, memorabilia, and personal possessions of clubs. Such insurance is for clubs to arrange on an individual basis.

Should clubs wish to take out additional public liability insurance to cover individual projects it is more economical to extend the cover under the District Public Liability Insurance Policy than seeking a separate policy. Such extensions are to be routed through the Rotary District 9350 Services Centre, Cape Town, to our insurance consultant.