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| Public Liability Insurance; Uninsured shows | |
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| Topic Started: Mar 20 2008, 04:50 PM (532 Views) | |
| neil cairns | Mar 20 2008, 04:50 PM Post #1 |
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Newbie
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I have just recieved an invitation to attend the Newport Pagnell & Olney Lions Motorama in Olney on 29th June. The form asks me to sign a declaration that I carry public liability insurance. I know that many clubs advise against attending a show that has this clause as it indicates they have no insurance at all, and are trying to foist any cover onto the entrants insurers. What are your views? NC. |
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| admin | Mar 21 2008, 10:36 AM Post #2 |
Administrator
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This article appeared in the April 2007 edition of the FBHVC newsletter EVENT ENTRY FORM INDEMNITIES It came as something of a surprise to discover that participants in some events are still being asked to sign entry forms that indemnify the organisers against all claims, however caused. We cannot emphasis enough that no-one should sign such a form, as in doing so they are likely to be breaching the terms of their own insurance policies and thus put themselves at risk of invalidating their insurance. An incorrect entry form indemnity can be worse than no indemnity at all. Any entry form indemnity that uses phrases like 'howsoever caused' or 'notwithstanding that the same may have been caused or occasioned by' is likely to fall into this category. Such wordings were made illegal by the Unfair Contract Terms Act of 1977 because they go against the principles of fair contract by seeking to hold the organisers indemnified against claims resulting from injury or damage that they may themselves have been responsible for causing. We urge clubs to check that their own event entry forms do not fall into this trap, and also to encourage their members to check what they are being asked to sign In a letter to the CVPG on the subject where members were asked to participe in an event, Jim Whyman, secretary of the FBHVC comments that:- “It is perfectly reasonable for event organisers to demand that participating vehicles are properly insured etc. - in fact, it is proper for them to do so, but that does not mean they do not need PL cover to protect them against the results of their own negligence. Any organiser who runs a show without Public Liability insurance is exposed to enormous risk. Since it is illegal under the Unfair Contract Terms Act of 1977 to expect an individual to waive their rights to recompense for damages resulting from the negligence of others, organisers would have to carry the cost personally if they are not insured and found to have been negligent. If the organisation was in the name of a club, and that club is not limited, all members of the club would have to share the cost. I would not wish to belong to a club that took such an irresponsible attitude or be associated with it in any way and strongly recommend that members of CVPG be recommended to boycott events organised on such a basis!’ PLEASE THINK CAREFULLY BEFORE ENTERING ANY EVENT THAT MAY NOT BE COVERED BY PUBLIC LIABILITY INSURANCE ALL EVENTS & ACTIVITIES ORGANISED BY THE CVPG ARE COVERED BY PUBLIC LIABILITY INSURANCE OF £10 MILLION, |
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