Insurance

Question: Are guests covered by our liability insurance?

Answer: Only club members are covered by the PROBUS Canada 3rd person liability.

Question: How do we define club members?

Answer: To be considered a member they need to be

1. Registered with the club and appear on the club membership list.  This includes all members, as defined by their clubs: regular, lifetime, honorary, associate, and members-at large.

2. Included in the annual membership fee submitted to PROBUS Canada, which covers the cost of the liability insurance.

Question: What does our insurance broker have to say about this question?

Answer:

Thank you for your questions regarding liability coverage for guests at Probus events. We understand there has been some ongoing confusion around this topic, and we’re happy to provide additional context to help clarify.

To start, it’s important to note that the Commercial General Liability (CGL) policy held by Probus does not provide direct coverage to guests or non-members. This means the policy does not act as health or accident insurance for anyone attending a club event.

If a guest is injured or experiences a loss, their own personal health or property insurance would be their primary source of coverage, not the Probus policy.

When the Policy Would Respond

The purpose of the CGL policy is to protect Probus and its members if someone — whether a guest, member, venue, or any other third party — brings a legal claim or lawsuit against the club or its members, alleging that Probus was negligent and caused injury or property damage.

Examples of situations where the policy may respond:

• A guest trips over an unsecured cable at a luncheon and sues the club for creating an unsafe environment.

• A guest is burned at a club BBQ and alleges that proper safety measures weren’t in place.

• A guest’s property is damaged during a Probus event due to club-provided equipment or setup.

In these cases, the CGL policy may cover legal defense costs and, if applicable, settlement payments or court-awarded damages but only if Probus or its members are found legally liable.

When the Policy Would Not Respond

There are also situations where the policy would not apply, including:

• A guest suffers a personal medical emergency (e.g., heart attack, allergic reaction) that is unrelated to the club’s actions or event setup.

• A guest or non-member causes an incident and is sued personally for negligence — in this case, the policy does not defend or cover the guest.

• An accident occurs where Probus or its members are not negligent or legally responsible.

In short: the policy is there to protect Probus and its members, not to provide insurance to attendees.

Guest Attendance and Waivers

Guests, including spouses and friends, are welcome to attend Probus events under the current structure. There is no exclusion for guest participation.

However, as a best practice, we recommend that all guests sign a simple liability waiver prior to attending any club event. 

While not mandatory, a waiver helps clarify:

• That the guest is participating voluntarily

• That the club is not responsible for accidents or incidents outside of its control.

Should you have any questions please feel free to contact us probus@hubinternational.com

Question: Does PROBUS Canada have a waiver we can use?

Answer: Yes.  You can find it on the PROBUS Canada website in the Club Reference Guide here.

The issue of Waivers and their use at Probus sponsored events is a topic that we field from Probus Members on a fairly regular basis. The question is whether Probus Clubs that are hosting an event for Members and or guests of Members should be using waivers. Are they necessary? Should their use be insisted upon?

From an insurance perspective, you should understand that using a waiver is not a condition of coverage. In other words, the general liability and or D&O Insurer will not deny coverage simply because you do not use a waiver form at your events. When Insurers underwrite a risk they do often take a measure of comfort when they see prospective insureds using waivers because it demonstrates a level of responsible risk management. Having said this, insurers are not in the business of dictating how an insured should run their business and therefore they do not insist that you use a waiver.

The issue of whether to use a waiver is ultimately a legal one. We would encourage all Clubs to obtain proper legal advice on whether to use a waiver but in general terms the use of a waiver in certain circumstances will improve your chances of successfully defending a claim. A waiver will likely demonstrate that you brought certain risks associated with your event to the attention of the individual participating and if they are injured you will be able to show that you took certain precautions such that your liability should at least be lessened. Once again, we would encourage each Club to consult with a lawyer on the issue but from an insurance perspective using or not using a waiver will not impact on whether you have coverage or not.

Edit as per info from HUB July 22, 2024

Websites

Many Probus clubs have their own website to help promote and organize their activities. To make these websites more appealing, web coordinators sometimes download from the Internet and then insert photos, cartoons, and clipart (here summarily called images) in web pages or newsletters.

Facebook and other social media

Be aware that posts to Facebook and other social media platforms must also adhere to copyright laws.  Additional information for Facebook can be found here.

Dangers

This is problematic, as several Probus clubs have found out.

There is at least one Canadian company (PicRights.com) that claims to represent the copyright holders of certain images. They scan the public Internet for unauthorized use and then demand stiff penalties (several hundreds of dollars per image) while threatening legal action.

What should each Probus club do now?

Each club's website coordinator needs to review the public portion of their website and remove or replace images unless they are 

• Original content produced and authorized by club members

• In the Public Domain

• Released under Creative Commons license with accreditation, where required. pexels.com is an example using Creative Commons Zero for free use of their images.

• Licensed via purchase or other agreement, e.g. from istock.com or similar services

This is potentially a lot of work. To buy time, website coordinators should consider moving old content such as newsletters to a protected area of the club's website, i.e. one that is access-controlled via username/password. While this action does not make it any more legal to use copyright-protected images, at least scanners will not find them.

If a club purchased licenses, website coordinators need to make sure to keep good documentation so authorized use can be demonstrated now and in the future.

What to do if PicRights.com or another similar company files a claim against your club for copyright infringement.

Do not respond to PicRights (or any other similar company).

Contact our insurance broker HUB, and copy the PROBUS Canada general manager on your correspondence, 

The PROBUS Canada insurance policy requires that you report a claim to HUB as soon as possible after you first become aware of the claim.  The claim must be reported in writing.  

Email:  probus@hubinternational.com

HUB International Ontario Limited

130 King Street West, Floor 11

Toronto, ON M5X 1E4

PHONE: 416-597-0008 FAX: 416-597-2313

Copy the PROBUS Canada General Manager at gm@probuscanada.ca.

How do I add the name of our meeting facility or venue to our insurance policy?

If your club requires special certificates of our CGL and Management Insurance then inquire about those directly with our insurance broker:

HUB International Ontario Limited

130 King Street West, Floor 11

Toronto, ON M5X 1E4

PHONE: 416-597-0008 FAX: 416-597-2313

probus@hubinternational.com

Edit as per info from HUB July 22, 2024

Incident at an event or meeting

When an incident happens at an event or meeting of a Probus Club it should be reported to Hub International, our insurance broker, as soon as possible after the incident has taken place. 

In all cases, contact our insurance broker, HUB International as soon as possible and send a copy to PROBUS Canada at gm@probuscanada.ca.  

Email:  Probus@hubinternational.com

or

Mail to:

HUB International Ontario Limited

130 King Street West, Floor 11

Toronto, ON  M5X 1E4

Phone:  (416) 597-0008

Fax:  (416) 597-2313

You should send along as much information as possible such as 

• The name and address of the injured party or parties

• The date that the event took place

• Where it took place

• Brief description of what happened

• Names of witnesses, if any

For complete information on coverage, refer to the Policy, located in the Club Reference Guide, under Insurance.

https://www.probuscanada.ca/club-reference-guide/table-of-contents

The definitive answer is provided in the actual Policy document, specifically Part II - Who is an Insured. However, our broker (Hub) helped us to condense the answer as follows.

Example scenario: A club organizes an event using a travel agency. 

If an event is sanctioned by Probus, then club members participating in the event would be covered under the Commercial General Liability (CGL) policy, even if the event is coordinated through a third-party provider and payments go directly to them.

The key factor is whether the event is officially recognized as a club activity. If so, the club and participating members are covered under Part II, 1(d) of the policy, and the coordinator would be considered a “volunteer worker” under Part II, 2(a).

Even though our clubs may not have a formal process for sanctioning events, a claims analyst would recognize an event as "sanctioned" if it has been planned and promoted by the Probus club—regardless of whether the communication was verbal, via email, on their website, or included in a newsletter. The key factor is that the event is clearly associated with the club’s activities and has been organized or endorsed by the club.

Question: Is there any coverage in the Probus Canada policies (CGL or D&O) that could come into play in addition to or in excess of a primary car insurance policy if a claim is made by a passenger member against a driver member in the event of an accident on the way to/from a club-sanctioned event?

Answer:

1. Commercial General Liability (CGL) Coverage:

   • The CGL policy primarily covers third-party claims for bodily injury, property damage, or personal injury resulting from the activities of the Probus Club. However, it does not typically cover claims arising directly from automobile accidents, as auto accidents are generally handled by the driver’s own auto insurance policy.

   • If a passenger member were to bring a claim against the driver member for injuries sustained in an accident during travel to/from a club-sanctioned event, the driver’s personal auto insurance would be the primary coverage.

   • The CGL policy could potentially come into play if the Probus Club itself were named in a lawsuit related to the accident— for example, if the club were accused of negligence in relation to the event (such as improper event coordination, etc.). However, in a typical passenger-claim situation related to a driver’s negligence, the CGL policy would not be the first line of coverage.

2. Directors & Officers (D&O) Liability Coverage:

   • The D&O policy covers the Probus Club's directors and officers for claims related to their decisions and actions while managing the organization. It is unlikely that the D&O policy would come into play in a passenger’s claim against a driver unless there were allegations that the directors or officers of the club were personally responsible for some aspect of the event that contributed to the accident.

   • This type of coverage would typically be more relevant to decisions made by the club’s leadership, such as governance or organizational issues. It would not typically cover personal injury claims stemming from an auto accident.

3. Defending the Driver or the Club:

   • In the event of a lawsuit, if the Probus Club were named as a defendant, the CGL policy could cover defense costs related to the suit (if it’s related to the club’s activities). However, any defense or liability costs related to the driver’s own negligence in the accident would not be covered under the CGL or D&O policies. The driver’s own auto insurance policy would be responsible for both the defense and any bodily injury or damage claims related to the accident.

In summary, the Probus CGL and D&O policies are unlikely to offer coverage beyond what’s provided by the driver's own auto insurance policy in the case of a passenger claiming injuries from an accident while traveling to/from a club-sanctioned event. The CGL policy could potentially provide coverage if the Probus Club itself were held liable, but this would depend on the specifics of the situation and the nature of the claim.

Tenant's Legal Liability insurance coverage is an extension of Commercial General Liability policy, which protects the insured in the event they are found liable for loss or damage to leased or rented property space subject to terms and conditions of the policy.

Landlords typically request you have this coverage in place before they are willing to lease their space to you, as it specifically extends to cover loss or damage to property caused by tenants to a rented space.  They usually require proof of insurance in the form of a certificate of insurance which list your coverage and limits. 

Common Tenant Legal Liability Claims Example

Water Damage Claim

You are decorating your office space. As you’re drilling a hole, you accidentally hit a water pipe. The resulting water onslaught destroys the carpet in your office. Fortunately, your tenant legal liability insurance policy pays for the carpet repair, which ended up costing $15,000.

Edit as per info from HUB July 22, 2024

Personal and Advertising Injury, is automatically included in a general liability policy. This coverage provides protection against claims alleging various other offenses, such as libel, slander, copyright infringement, the use of another's advertising idea in your advertisement and is subject to terms and conditions of the policy.

Edit as per info from HUB July 22, 2024

This extension of coverage for medical expenses, is for emergency, or necessary medical treatments which is incurred by a third party who accidentally sustained injuries at your premises and is paid regardless of fault/negligence. It’s more of a good promote goodwill and is subject to terms and conditions of the policy.

For instance, if an individual were to slip and fall while on your property and they require an ambulance to the hospital, the insured could volunteer to pay the bill without any admission of any negligence or wrongdoing.

Edit as per info from HUB July 22, 2024

Does your business have potential automobile loss exposures that you aren't aware of? You’ve taken all of the necessary steps to ensure that your own fleet operation is properly covered in the event of an accident but what about the potential loss that arises from employees who operate their own personal vehicles for company business?

There are many situations that may cause you to be held accountable for the actions of your employees while they are driving their own vehicles. 

Do administrative employees use their own vehicles to go to the post office or bank on your company’s behalf? 

Do you occasionally send an employee to pick up a visiting client at the airport? Have you sent employees to pick up lunch, drop off mail or pick up office supplies? Have you ever rented a vehicle while on a business trip? 

Do you have a sales force to which you provide a car allowance for business use of their personal vehicles? 

If an employee has an accident under any of these situations, your business can be held accountable and may be sued for damages. Basic business automobile policies only cover employees while they operate company-owned vehicles to perform company business. Your best protection in Ontario: non-owned auto coverage. This type of coverage will kick in if there is an accident and your company is found legally liable.

Typically, an employee’s personal automobile insurance will provide primary insurance to both the employee and the business if the employee is using his or her own vehicle on company business.

However, there is the chance that charges will exceed the employee’s policy limit and would then be passed on to the company. Without non-owned and hired automobile liability coverage you may be vulnerable to a costly exposure.

Non-owned auto insurance covers bodily injury and property damage caused by a vehicle you hire (including rented or borrowed vehicles) or caused by non-owned vehicles (vehicles owned by others, including vehicles owned by your employees). This coverage can be added to your business automobile policy or added to your general liability policy. It protects your company if it is found legally liable as a result of an automobile accident that you or your employee has in a hired or non-owned vehicle while on company business. 

Organizers of club-sanctioned events and activities are covered under the CGL policy (not the  directors and officers policy).

• Event and activity organizers (who are club members but not directors or officers) are covered under our Commercial General Liability (CGL) policy. This policy is to protect individuals involved in running club-approved events along with members attending the events if, for example, someone is injured, or property is damaged during the event.

• The Directors & Officers (D&O) policy, on the other hand, is specifically for those in leadership positions — like board members — and protects them from legal action related to decisions they make while managing the club.

If the event is officially approved or sanctioned by the club, the organizer would be protected under the CGL policy.