Insurance Program 2022-2023
All members that are properly registered with Swim Manitoba are covered by our Provincial Sports Organization’s Insurance. This plan is designed to provide coverage for those who might otherwise not be covered by any other group health or liability insurance plans.
Social activities or fundraising events that are unusual or out of the norm (beer gardens, inner tube rafting, scavenger hunt, etc.) are not intended to be part of this coverage. Should you want coverage for events like these, they must first be submitted to Swim Manitoba prior to the event for approval before liability coverage is afforded to the event. The submitted form will then be moved to Insurance Provider for feedback and / or approval. It is recommended applications are submitted a minimum 14 days prior to event date. In some instances, the Insurance Company will request further information and may suggest an additional rider. Any additional costs for an insurance rider are the responsibility of the Association / Club / Team making the request.
Liability Insurance for Clubs
The member clubs of Swim Manitoba are covered by Swim Manitoba’s liability insurance as long as the member’s sports events and related training activities are sanctioned and authorized by the PSO and follow generally accepted standard procedures of the PSO. This would include fundraising and social activities.
If a member club chooses to break away from the PSO and get involved in activities that are not generally accepted standard procedures or are not sanctioned, the liability insurance would not extend to cover this type of activity.
The program was set up on the understanding the member clubs followed basic guidelines set by the PSO, and all activities must be sanctioned by Swim Manitoba.
This plan is designed to provide coverage for those who might otherwise not be covered by any other group health insurance plan. It can also serve as a supplement to other similar coverage an individual or family may hold, to achieve maximum allowable coverage. It is not applicable as an addition when another plan’s coverage meets or exceeds the allowable amount. If you have primary insurance, you must make a claim to them first. If you have maximized those benefits you need to send in documentation to Swim Manitoba to verify. You can then claim any additional expense through Swim Manitoba.
This program augments Provincial, Medical and Hospital plans while covering swimmers, coaches, referees and other designated volunteers against accidents that occur during participation in a Swim Manitoba/Swim Canada sanctioned activity.
It is the responsibility of the injured person (or parent if under the age of 18) to submit the report. If there are any issues or further information this is who will be contacted.
When are you covered?
Swim Manitoba sanctioned events (league, meets, coach/official education, practices, training camps, sanctioned fundraisers)
Transportation directly to and from the pool or venue
While at a hotel during a Swim Manitoba sanctioned Swim activity.
Only completed Injury Report Forms received in the Swim Manitoba office within 90 days of the date of injury will be accepted. Additional invoiced and receipts may be added to the claim for up to 365 days.
If you do not submit any receipts/invoices your claim will not receive a response. It will remain open for up to 365 days. It is up to you to submit paperwork to receive reimbursement.
Swim Manitoba recommends that if your claim includes an ambulance bill it be paid and the injured party seek personal reimbursement from Swim Manitoba. The claims take a considerable amount of time to process and Swim Manitoba is not responsible for any late fees.
Only original receipts and/or invoices are acceptable (if originals have been forwarded to a primary insurer, copies are acceptable). Do not fax in your claim.
Swim Manitoba’s accident insurance is strictly a supplemental insurer, if you have access to any other insurance, you must pursue your claim through them first. Swim Manitoba’s Insurance shall cover those costs not covered by your primary insurance pending approval of the Insurance Provider.
Swim Manitoba will not respond to any dental pre-authorizations, if the injured person is a member and injured themselves in a sanctioned activity they will qualify for the insurance benefits as outlined above.
Injuries as a result of a swimming accident (ie: during hotel stays) will not be covered.
The Sport Manitoba Insurance Program offers the following types of Insurance. By having the following “Sport Group” Insurance Policies, extensive coverage that is specifically designed for sport groups is offered at a good premium rate (better than if independently a sport group was to seek the exact coverage on its own.) The policies are designed to be fair and equitable for all sport groups participating in the Insurance Program. Premiums are determined by historical data and reflect the different risk levels of sport injury occurrence to ensure that lower risk sports do not subsidize higher risk sports.
The types of Insurance available through the Sport Manitoba Insurance Program are as follows for Sanctioned Events that are in connection with your sport.
1. COMMERCIAL GENERAL LIABILITY POLICY
The main areas of coverage under this policy.
a) Commercial General Liability
b) Sports Errors & Omissions (Wrongful Acts/Errors & Omissions) Liability
This is an important area of coverage as most Directors and Officers are volunteers. This section covers their "financial exposure" for the decisions they make.
c) Legal Defense Coverage
1.a VIRTUAL TRAINING ENDORSEMENT
A Provincial Sport Organization (PSO) is permitted conduct online classes under the following restrictions:
All instruction is to be carried out by a registered PSO certified coach
All individuals participating must be registered PSO members and must be recorded by the coach
Publicly-accessible broadcast tools such Facebook Live, YouTube, etc. and pre-recorded
videos are not acceptable methods of delivering online training
Permitted delivery tools must include the use of controlled, multi-screen video conferencing programs such as Skype or Zoom (ZOOMUS)
All injuries are to be documented
Clubs must advise the PSO in writing before the class and include the following information
Number of online classes per week
Instructor’s remote location, bearing in mind facilities are closed
Class Content (activities to be conducted)
Number of Participants (ensure all participants are current registered members before the start of the session)
Class is limited to the number of participants that can be viewed on a single screen and no more than four (4) participants in one location while following the Provincial Physical Distancing Guidelines
Participants must have signed the required Waivers and Consent Forms
1.b ABUSE LIABILITY COVERAGE
Covered only if your organization had an Abuse Application submitted and approved by insurer in 2021. If you have not been approved or are new to this coverage please complete and return the Abuse Application Form and return with abuse protocols / guidelines. If these are not received Abuse Liability coverage will be excluded.
2. SPORT ACCIDENT POLICY
This policy combines both the Accident Insurance and the Accidental Death and Dismemberment Insurance programs into one, with the premium being lower than if the two were applied for separately. Includes travel within Canada.
Expenses covered include: chiropractor, physiotherapist, athletic therapist, massage therapist and osteopath services; crutches, splints, orthotic devices, trusses, medical braces (for every day wear/rehabilitation purposes); rental of wheelchair or hospital bed; prescription drugs; cast and cast materials; licensed ambulance service and hospital services (for which benefits are not provided by any Federal or Provincial Government Hospital Insurance Plan); eyeglass and contact lens expense (resulting from injury); and dental accident reimbursement.
The rates within the Sport Accident Policy for all therapy will be $50.00 per visit with a maximum of $2,000.00 per accident over a 52 week period from date of the accident. This includes physiotherapy, athletic therapy, chiropractor, massage therapy and osteopath As per below, this is the SECOND PAYER to any other coverage available to the individual (employee benefits plan, etc.).
Accident Claim Form must be completed in order for any claim to be processed. Claimant must contact their sport office for these forms. Claim forms must be submitted electronically to Sport Manitoba.
This policy is the SECOND PAYER to any other coverage available to the individual (employee benefits plan, etc.).
3. CRIME POLICY
Coverage for loss of assets i.e. money, securities or other tangible property owned by the sport association (not including individual clubs) by those entrusted to handle it. The premium structure is based on the assumption approximately three to six people are responsible for the handling of money within an organization (Executive Director, Support Staff Employee, President, Treasurer) and that two signatures are required on any cheque.
Insuring agreement as follows:
Loss of assets, excess of any applicable deductible, resulting from Agent Theft, Computer Fraud, Dishonesty, Forgery, Funds Transfer Fraud, Impairment, or Non-Payment of Money Order/Counterfeit Paper Currency. NO coverage afforded for Social Engineering
Commercial General Liability Policy
SUMMARY OF TERMS & CONDITIONS OF POLICY
(a) One master policy to insure all listed member Associations of Sport Manitoba who elect to participate.
(b) Certificates to be issued to each individual Association.
(c) - Occurrence Limit $5,000,000
- Aggregate Limit $5,000,000 (Products and Completed Operations and Abuse)
(d) Bodily Injury/Property Damage & Expense deductible - $1,000 per Claim. Abuse - $5,000 per Claim (if covered).
(e) Estimated “minimum” premium per Association - $400. (Subject to adjustment based on market conditions and claims experience.)
(f) Directors, Employees, Volunteers, Coaches, Managers, Referees, and Members are added as additional named insured.
(g) Sport Manitoba is added as additional insured.
(h) Municipalities, Government Departments, Sponsors and Facility Owners are added as additional insured, covering their vicarious liability, at no additional cost. The City of Winnipeg is added as additional insured as well. (Example - Facilities where sports will use/rent space to hold an event or set up a display will request proof of insurance. The Certificates of Liability Insurance supplied to each individual association lists the above mentioned as additional insured.)
(i) Policy would cover all Provincial Sport Organization sanctioned games & training.
(j) "Injury to Participant" coverage
(k) "Wrongful Acts" coverage for Directors and Officers. (Limit $5,000,000)
(l) Legal Defense Coverage
(m) Normal fund-raising activities are insured.
(n) Annual meetings, banquets and receptions of the Association are covered, but one time fund raising events where alcohol is served must be submitted for approval first, before coverage is afforded.
New key exclusions:
2020 – Virus, Bacteria, Disease and Contagion Exclusion
2021 – Abuse (re-added by endorsement if applicable)
2021 – Trampoline Activities
Commercial General Liability Policy
SUMMARY OF POLICY
The following is a brief summary of the Commercial General Liability Policy currently in place for the Sport Manitoba Group Associations currently enrolled in the Sport Manitoba (Markel insurance Program) Program.
Named Insured: Sport Manitoba Group Associations
(As Named in Policy)
Covering: Players, Coaches, Executives, Directors, Officers, Employees, Members, Referees, Volunteers, Leased and Temporary Workers while acting within the scope of their duties as such with respect to the Sport Manitoba Group Associations and the Association Clubs.
Limits: 1. a) Commercial General Liability - $5,000,000
b) Sports Errors & Omissions (Wrongful Acts/Errors & Omissions) Liability - $5,000,000
c) Legal Defense Coverage - $50,000
Including: Volunteers as Additional Named Insured
Employees as Additional Named Insured
Contingent Employers Liability
Occurrence Property Damage
Personal and Advertising Injury
Broad Form Automobile
Broad Form Property Damage
Medical Payments ($25,000)
Broad Intentional Injury Endorsement
60 Days Notice of Cancellation
Employee Benefits Errors & Omissions ($1,000,000/$1,000,000)
Sports Errors & Omissions (Wrongful Acts/Errors & Omissions)
Abuse Incident ($5,000,000 aggregate limit - if covered)
Deductible: $1,000 All losses, except
$5,000 Abuse (if covered)
Explanation of Coverage:
1) Third Party Bodily Injury and Property Damage:
Should a third party (spectator, etc.) sue a member association or member club for bodily injury or damage to their property where they allege the member association or club was negligent, the policy would respond on your behalf and defend you and pay all compensatory damages you become legally obligated to pay as a result of bodily injury, personal injury or property damage to a third party.
2) The Tenant’s All Risk Legal Liability:
This section provides coverage for damage to any location rented to or leased by member associations or member clubs for which the member association or a member club is legally liable.
3) Participant Coverage:
The policy includes coverage for injury to participants. This means should an athlete, referee or official be injured while involved in a game, event or practice and choose to sue the coaches, executives, member club or the member association (or all 4) due to the injuries he/she sustained because he/she felt they were negligent, the policy would respond in the same way as (1) above.
This is a major feature of the coverage provided by this policy, as this is a significant exposure each member association has. Any lawsuit, whether frivolous or not, would be very costly to anyone involved.
4) Wrongful Acts:
Should a Director or Officer of a member association or member club be sued for an alleged wrongful act, the policy would respond to an aggregate limit of $5,000,000. However, for the policy to respond, the statement of claim must seek damages (monetary sum) in a civil suit. A suit seeking an injunction to either prevent you or cause you to do a specific act would not constitute damages.
Some examples of the above where coverage would be afforded are:
A coach/player is suspended or dismissed by an association for alleged misconduct or performance detrimental to their organization. The coach/player sues the directors of the association for alleged discrimination against them.
A coach/player is left off a team and sues because they feel it is due to age, race or sex.
The directors of an organization are given trust funds by the government or a private source for a specific use or purpose. The funds are not used as originally intended. The source who supplied the funds sues for misuse of funds.
An association in an effort to attract new members prints misleading reports. The new members, not getting what they allege was promised when they joined the association, sue as a result.
The board of directors exceeds the boundaries of the constitution in the running of the association.
Insufficient administration or supervision causes financial decline of the organization.
Directors are personally liable for the payment of wages under the Corporations Act. If the association is unable to pay them due to financial insolvency, and the directors are sued accordingly, the policy will respond.
Wrongful Acts coverage is very important to the directors and officers of all member organizations as all are faced with the possibility of these situations happening to them. As most directors and officers are volunteers, without this coverage defence of these potential suits could come out of the individual’s own pocket. If organizations indemnify the individuals, the organization is then out of pocket. The insurance protects the individuals, and the organizations for their responsibility to indemnify the individual.
Please note that Wrongful Acts coverage does not include insufficient severance pay to a terminated employee of an organization. This is a responsibility of each organization should they choose to terminate an employee.
Legal Defense Expenses Coverage:
This insurance is designed to cover Dispute Resolutions, where a sport organization is involved in a “Proceeding” that does not involve monetary sum being requested by a third party. Examples include:
a) A coach or player takes legal action to be re-instated to a sport, after that sport has expelled them with just cause.
b) Human Rights action taken requesting females be allowed to play with males in certain sports.
c) Territorial boundaries are challenged, with a player or coach demanding to be allowed to play/coach in a certain area that is not their designated territory.
None of these above examples involves monetary compensation (which would be responded to under the Wrongful Acts section of the main policy), but demand certain actions be taken which go against the rules and regulations of the particular sport. The Legal Expense Insurance is designed to pay the legal and other expenses incurred with respect to defending this type of action. It will allow the sports to uphold their rules and regulations without incurring the legal costs to do so. A letter from a third-party solicitor to the sport group demanding action will trigger this action.
Social events of fundraising (bingos, etc.) activities organized by the provincial association or member clubs are also part of the coverage provided that such events and/or activities are in accordance with accepted standard procedures.
Social activities or fundraising events that are unusual or out of the norm (beer gardens to raise money, inner tube rafting, etc.) are not intended to be part of this coverage. Should you want coverage for events like these, they must first be submitted to the insurance company prior to the event for approval before liability coverage is afforded to the event.
To avoid confusion, if there is any doubt as to whether your event falls under the latter category, please contact Swim Manitoba at firstname.lastname@example.org.
ARE ALL ACTIVITIES OF MEMBER CLUBS COVERED BY THE SPORT ASSOCIATION’S LIABILITY INSURANCE COVERAGE?
The member clubs of the Provincial Sport Organization are covered by the PSO’s liability insurance as long as the member clubs’ sport events and related training activities are sanctioned and authorized by the PSO and follow generally accepted standard procedures of the PSO. This would include fundraising and social activities.
If a member club chooses to break away from the PSO and get involved in activities that are not generally accepted standard procedures or are not sanctioned, the liability insurance would not extend to cover this type of activity. The program was set up on the understanding the member clubs followed basic guidelines set by the PSO, and all activities must be sanctioned by PSOs.
IS THE COVERAGE WORLDWIDE?
Coverage under this program is worldwide. However, for the policy to respond, the suit must be brought in a Canadian or U.S. Court.
HOW DOES THE NON-OWNED AUTOMOBILE COVERAGE COVER THE ASSOCIATION WHEN TRAVELING AS A GROUP TO AN EVENT?
Non-owned automobile covers your association when someone is driving a vehicle not owned by the association (their own, a rented van, etc.) on behalf of the association to a sanctioned event (game, practice, etc.) It does not cover situations where one parent picks up another parent’s child and delivers both to a designated meeting area of the association (the club). It would cover the association if that same car then left the designated meeting area (with possibly one or two additional people) and was traveling to an association event. The non-owned automobile liability insurance coverage afforded this car would be in excess of the amount of insurance carried by the car. An example would be as follows:
A parent and child pick up three additional team members at the team’s club and are traveling to a game. A serious accident occurs and the parent driving the car is deemed responsible. A lawsuit follows and damages are awarded to $1,500,000. The car is insured for only $1,000,000 Third Party Liability. The association is made liable for the remaining $500,000. The non-owned automobile section would cover this.
When a team rents a van to go to a game or event it is strongly suggested the team take out $5,000,000 Third Party Liability coverage through the van rental agency or if a resident of Manitoba, Rental Vehicle coverage can be purchased from Autopac (MPI). This is particularly important when going out of province.
Note: No Fault Insurance instituted by the Manitoba Public Insurance Corporation changes much of the above. However, for any out of Province travel this would still apply.
HOW DOES THE MEDICAL PAYMENTS WORK?
This area of coverage only applies to third parties (non-association members). This is to cover situations where a third party (i.e. spectator) is injured by an activity of the association (an athlete or ball going out of bounds and striking a spectator) and the third party requires medical attention not covered by Medicare (i.e. ambulance, dental costs). This helps to eliminate the need for the third party to actually sue the association for these out-of-pocket costs. Please note that this coverage is not there to cover the association members. This should be covered through Accident Insurance if you have coverage.
ARE PROFESSIONALS (DOCTORS) ATTENDING ASSOCIATION EVENTS COVERED BY THE ASSOCIATION’S INSURANCE?
Any professional care administrated by professionals is not covered. They would normally carry their own professional malpractice insurance coverage.
HOW CAN I OBTAIN PROOF OF INSURANCE?
Each association will receive a Certificate of Insurance for Commercial General Liability after completion of renewal. This Certificate of Insurance may be requested as “proof of insurance” when your association or member is using a facility to hold an event, display, etc. It is suggested that reference to your association’s name be highlighted. Facility owners may request that their name be added as additional insured on the Certificate of Insurance. It is the responsibility of the Sport Group to forward this request to the broker. Requests must be submitted on the appropriate form and include the Facility owner name (provided by facility owner), address of facility, name of club making request and dates certificate required.
Exclusions: As per the insurer’s wording.
Note: This is a brief review of the Liability Insurance coverage available to the Sport Manitoba Group Associations but is not to be construed as a legal document. The actual policy outlines in its wording the actual coverage in force.