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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10954
Experience:  Barrister 17 years experience
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Are the officers of a golf society liable in the event of a

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Are the officers of a golf society liable in the event of a claim against the society?

Buachaill :

1. At the outset, you need to check the legal form of the golf society. The usual structure is that the golf society is an unincorporated association with the assets of the golf society being held by trustees. If as is usual the golf society is an unincorporated association, then the management committee members or officiers will be jointly and severally liable personally for the claim being made against the society. However, the management committee members will have the benefit of the insurance policy which covers only the individual members as an insurance policy in the case of an unincoporated golf society does not cover the assocations's liability as it has no legal personality but covers the liability of the individual members. So here the golfer's insurance will cover the claim made against the society, provided it is a liability policy which covers claims made by third parties and not merely an insurance policy which covers the members as members of the club in their activities as members. So you should also check the terms of the insurance policy.

Buachaill :

2. Be aware that the rules are different if the golf society is incoporated, whether as a company or other legal form. So you should check if the golf society is incorporated as this gives rise to different rules of liability in respect of the claim. However, as the insurance policy does not refer to an incorporated body, my guess is that this is an unincorporated golf society functioning as an unincorporated association.

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