A professional body, of which I am an officer is organising a track day at Rockingham. colleagues believe Rockingham can "extend" their PLI to cover us, I have said I doubt this and that we need to see a cover note or letter from their insurers to show we are fully PLI covered. I have seen their policy document for PLI and it says "Bona fide sub contractors working at Rockingham must prove they have £10,000,000 at LEAST of PLI" of their own.
I would want a letter from their insurers or brokers too.
The request is not unreasonable or unusual and insurer and brokers do it all the time.
Doesthat answer the question? Can I help further? Can I answer any specific points?
With respect "I would want" is not a good law answer. Is there something in statute or contract law covering this? Something I can quote to my committee to say "No, their word is not good enough - we HAVE to have it in writing from their broker at least if not their insurer BECAUSE of............."? Can you give me something to quote, please?
Icannot give you the answer that you want because the answer that you want isnot the correct answer.
I amafraid that that is as good an answer as I can give you.
Unlessyou want me to say that you are entitled to it which I cannot because you werenot entitled under any law. That is why I said that is what I would ask for/want.
Lawyerscan only give opinion because the law is rarely back and white.
If itwas black and white, nothing would ever go to court. No one ever goes to courtexpecting to lose and get one party always does.
Thereis no onus on them or you to have any insurance at all for this. There isnothing in statute and the contract is whatever is agreed between you. You arefree to enter into this contract or not as you wish.
Further,you do not have any statutory right to have the letter.
However,it would be reckless to enter into this kind of venture without suitableinsurance cover and indeed it would be reckless of you to proceed to do thiswithout confirmation of that insurance cover.
By allmeans say that their word is not good enough and if they do have insurance coverand they want this event than getting a letter is simple enough and a mereinformality.
Thereis no statutory duty that you can quote with regard to insurance in respect ofevents because this is not an employment issue.
If theywill not provide the necessary confirmation of cover, I would not proceed withthe event. If you do, and something goes wrong, the officers of the club ororganisation or whatever it is that is organising it, may be on the hook.
Alternatively,you can contact your organisation's own insurance company and ask forconfirmation from them that this event is covered.
If allthe other officers of the organisation want to proceed regardless, I would askfor a without limit of indemnity from them, that they will indemnify you inrespect of any claims made against you by anyone who is injured as a result ofany negligence on the day.
Had expected you to quote UCTA thought, and the illegality of attempting to exclude liability for death or personal injury through negligence.......
Youhaven't said that they are trying to exclude liability. And, as you are aware,they are unable to do that under the Act regardless of what disclaimers anyonesigns.
Ithought the issue was that they are saying that their insurance covers it.
Ithink the wording of "bona fides subcontractors etc" is extremely vague dependon whether your organisation was classed as a subcontractor or not and if youare classed as subcontractor then you have to provide your own insurance.
Howevereven though they may be liable for any acts of negligence, you need to make surethat you want not on the hook and if someone is killed or maimed, you want tomake sure that they are insured for the incident and that the money is notgoing to come out of their own coffers which they may or may not have.
UnlessI get confirmation from the insurance company (far better than from the broker)that the risks you are enquiring about are covered, I would not be going ahead.
Takingjust injury claims in isolation, claimant's solicitors will cast the defendantto net far and wide and they would usually bring anyone in to the action who isa potential defendant and that would be whoever is negligent and if that is indispute or is not clear, then it would be your organisation and Rockingham.
Theforegoing aside, there is always a claim for loss against any defendant resultingfrom any negligent act