Canfield & Associates Third Party Administrators Property and Casualty Insurance Programs Claims...
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Transcript of Canfield & Associates Third Party Administrators Property and Casualty Insurance Programs Claims...
Canfield & Canfield & AssociatesAssociates
www.canfield-associates.com
Third Party Third Party AdministratorsAdministratorsProperty and Casualty Insurance ProgramsProperty and Casualty Insurance Programs
Claims Professionals • Personnel Experts • Risk Managers
2009 WIAA Coaches School
Please understand that the purpose of this presentation and handout is educational. Nothing in either should be construed as specific legal advice for a particular situation. Sound legal advice requires an understanding of all the facts of a particular situation, something that can not occur in an educational presentation.
Minimizing Liability Exposure in a Cost-Cutting
Environment
Presenter: Dick Langum & Steve BridgePresenter: Dick Langum & Steve Bridge
Canfield and AssociatesCanfield and Associates
What Determines Liability?
Four point testFour point test
1. Duty of ordinary care
• ForeseeableForeseeable• ““Known or should have known”Known or should have known”
2. Breach of that duty
• Doing something you Doing something you shouldn’t haveshouldn’t have
• Not doing something Not doing something you should haveyou should have
3. Damages or injuries occurred
• To the individualTo the individual• To propertyTo property
4. Proximate cause
• Natural and continuous Natural and continuous sequence of events sequence of events withwith
• no casual element no casual element interrupting sequence interrupting sequence andand
• nothing outside the chain nothing outside the chain
of events impacting causeof events impacting cause
and effectand effect
Determining Liability
Duty of ordinary Duty of ordinary carecare
Breach of that dutyBreach of that duty Injuries or Injuries or
damagesdamages Proximate causeProximate cause
Risk Management Principles Eliminate the Risk—Just say “NO”Eliminate the Risk—Just say “NO” Manage the Risk-control strategies for Manage the Risk-control strategies for
minimizing the liability exposureminimizing the liability exposure ““Let the Dice Roll” or “No risk Let the Dice Roll” or “No risk
management” or “Let’s See What management” or “Let’s See What Happens & Deal with the Consequences”*Happens & Deal with the Consequences”*
**NOTNOT recommended/highly risky to recommended/highly risky to schools, coaches, administrators and schools, coaches, administrators and those formerly protected by good risk those formerly protected by good risk management practicesmanagement practices
DUTY OF ORDINARY CARE14 Duties in Athletics
Duty to PlanDuty to Plan Duty to SuperviseDuty to Supervise Duty to Assess Readiness for Duty to Assess Readiness for
Practice/CompetitionPractice/Competition Duty to Maintain Safe Playing Duty to Maintain Safe Playing
ConditionsConditions Duty to Provide Proper EquipmentDuty to Provide Proper Equipment
DUTY OF ORDINARY CARE14 Duties in Athletics-pg. 2 Duty to Provide Emergency CareDuty to Provide Emergency Care Duty to Develop an Emergency Duty to Develop an Emergency
Response PlanResponse Plan Duty to Provide Proper Duty to Provide Proper
TransportationTransportation Duty to Select, Train and Supervise Duty to Select, Train and Supervise
CoachesCoaches
DUTY OF ORDINARY CARE14 Duties in Athletics-pg. 3 Duty to Instruct ProperlyDuty to Instruct Properly Duty to Match AthletesDuty to Match Athletes Duty to Condition ProperlyDuty to Condition Properly Duty to WarnDuty to Warn Duty to Disclose and Inform: Duty to Disclose and Inform:
Insurance Coverage & Other Insurance Coverage & Other InformationInformation
Duty to Provide Emergency CareDuty to Provide Emergency Care
Minimizing Risk
Know Your Role as a Head Coach, Know Your Role as a Head Coach, Assistant Coach, Volunteer, AD, etc. (job Assistant Coach, Volunteer, AD, etc. (job descriptions)descriptions)
Know the sport and WIAA rules, school Know the sport and WIAA rules, school policies/procedures, team and student policies/procedures, team and student handbook(s), Predict and prevent—handbook(s), Predict and prevent—foreseeableforeseeable
Know good coachingKnow good coaching Plan ahead-foreseeable circumstancesPlan ahead-foreseeable circumstances
Minimizing Risk
DocumentationDocumentation (if it’s not written; it didn’t happen) (if it’s not written; it didn’t happen)
CommunicationCommunication (don’t “Lone Ranger” potential (don’t “Lone Ranger” potential liability)liability)
Operate within the scope of your Operate within the scope of your dutiesduties
When in DOUBT, When in DOUBT, ASK!ASK!
The REAL WORLD!
Practice Plans—don’t forget!Practice Plans—don’t forget! Supervision: more kids/less coachesSupervision: more kids/less coaches Readiness to Perform:Readiness to Perform: Safe Playing Conditions: fields, courts, Safe Playing Conditions: fields, courts, Proper Equipment: safety equipment, Proper Equipment: safety equipment,
repair, replacement, reconditioningrepair, replacement, reconditioning Proper Instruction-rules, techniques, Proper Instruction-rules, techniques,
strategiesstrategies
The REAL WORLD!
Matching Athletes—When I had 3 teams it Matching Athletes—When I had 3 teams it was easy! When to use younger players.was easy! When to use younger players.
Conditioning: practice shape, scrimmage Conditioning: practice shape, scrimmage shape, game shape, tournament shapeshape, game shape, tournament shape
Warning Letters and Safety GuidelinesWarning Letters and Safety Guidelines Insurance: Does your school require Insurance: Does your school require
insurance?insurance? Providing Emergency Care: coach’s role, Providing Emergency Care: coach’s role,
notification of parents, EMT’s, concussions, …notification of parents, EMT’s, concussions, …
The REAL WORLD!
Emergency Response Plan: what Emergency Response Plan: what services were available last year services were available last year and are not this year?and are not this year?
Transportation: *&^*&^#@Transportation: *&^*&^#@ Training & Supervision of Coaches: Training & Supervision of Coaches:
AD to head coach/ to asst. coach/ AD to head coach/ to asst. coach/ to volunteer coachto volunteer coach
The REAL WORLD!
DID YOU KNOW?DID YOU KNOW? SHOULD YOU HAVE KNOWN?SHOULD YOU HAVE KNOWN? DELIBERATE INDIFFERENCEDELIBERATE INDIFFERENCE (IDGARRWYS,IWDIMY) ((IDGARRWYS,IWDIMY) (please see next please see next
slide)slide)
The REAL WORLD!
If so, please bring your If so, please bring your checkbook, title to your car, checkbook, title to your car, deed to your house, kids “piggy deed to your house, kids “piggy bank” and change of address bank” and change of address forms to our meeting when we forms to our meeting when we discuss who will be paying for discuss who will be paying for litigation, liability claims and litigation, liability claims and potential civil actions.potential civil actions.
Canfield & Canfield & AssociatesAssociates
www.canfield-associates.com
Third Party Third Party AdministratorsAdministratorsProperty and Casualty Insurance ProgramsProperty and Casualty Insurance Programs
Claims Professionals • Personnel Experts • Risk Managers