IMPORTANT: The information below may now be redundant. Relevant information regarding MAAA insurance coverage can be found here so please read the MAAA web site information to determine any vital information regarding insurance.
This article covers insurance issues particularly related to flying at sites that are not MAAA approved.
There has been a number of questions raised over time regarding the coverage of MAAA Insurance when flying at non MAAA approved sites and flying alongside non MAAA members. Most recently at the TMAA AGM. The information received at the TMAA was discussed at the LMAC AGM and this has raised some questions. Rather than try to analyse the correspondence from TMAA/MAAA, we have listed the relevant emails (with permission) here for members to make their own judgement on the adequacy of coverage when flying at non MAAA approved sites relevant to their own situation. This article is not intended to be a complete summary of insurance issues, merely to update members on what correspondence has been received. If in doubt, please read and understand the MAAA MOP’s that apply to insurance and their implications for your particular situation when flying at sites that are not MAAA approved.
(Read from the bottom up)
IMPORTANT – June 20, 2013
The MAAA information on the web is a live document so I encourage you to keep checking their web site if in doubt. MAAA have an FAQ page and a section covering insurance here under Section 3. Please check the Q & A’s there.
TMAA email – June 9, 2013
One very important point which is covered in the MOP’s and should be made very clear to members is that members must have permission from property owners to fly on their property, preferably in writing as verbal arrangements tend to become blurred if there is an accident and someone is injured or property damaged. We have seen this on the mainland over time and one if the reasons the MAAA recommend authority to fly on a property is obtained in writing. –
Garry Anderson (Secretary/Treasurer, TMAA)
TMAA email – June 8, 2013
Garry has asked me to respond to your query about MAAA insurance.
Bearing in mind the advice that I gave at the TMAA AGM – until some aspects of cover have been tested in court the best we can do is tell you what we “think” the situation is.
There are two parts of the MAAA policy that are relevant to your query, these are the ‘Sports injury and personal accident’ cover – this covers the member for injury from an accident (not illness) when participating in sanctioned club, state and national activities (amongst other things not directly related to flying); and·‘Public and Product Liability’ which provides protection for members that are held liable for a·negligent act that results in property damage or bodily injury. The insured activities covered by this·are “Administration, promotion, organisation and participation in MAAA activities including sanctioned training sessions and training, coaching, the rendering of first aid etc….
In addition to the terms of the policy issued by the insurers it is necessary to look at the terms of MOP 057 Insurance Conditions issued by MAAA.·This imposes a general condition that members must conform to the MAAA manual of procedures. One of the pertinent conditions laid down by the MOP’s relates to flying with Non Affiliated Members :-
“The MAAA Third party ……insurance cannot be used to underwrite insurance cover, ………………. If non affiliated members of the MAAA will be flying at the facility, unless the non affiliated members are covered by the MAAA Visitors Policy See·MOP042.
The MAAA individual third party insurance cover is not extended to affiliate members flying at organised events and sites with non-affiliated members of the MAAA unless the non-affiliated members are covered by the MAAA Visitors Policy.
The suggestion is that as the activities conducted at Windsor Park are not MAAA (TMAA or club) sanctioned AND the members are knowingly flying with non-affiliated members not coved by MOP042, cover MAY be denied in the event of a claim. While it is uncertain (until tested) that members are protected against claims from third parties there is almost no doubt that they will not be protected if injured by (or if they injure)··another MAAA member in such circumstances.
I am sorry that I cannot provide more certain advice and that it is not what your members want to hear but my suggestion is that (for their own protection) if they wish to continue to fly at such sites they arrange independent cover, perhaps as part of their household (public liability) insurance and personal accident cover.
Should there be any change to the situation, as we understand it, emanating from the MAAA I will pass it on immediately.
Clive Butler (President, TMAA)
LMAC email – June 5, 2013
At our AGM on Monday night, we reported on the TMAA meeting. In our report, one of the points raised was the concern over MAAA insurance at non MAAA approved sites and whether it would cover an incident involving a MAAA member and a “non-member”.
Our understanding from the TMAA meeting was that MAAA insurance may not cover this risk. Our members have sought clarification on this as some do fly at Windsor Park and other local parks. Can you please seek to obtain a clear understanding of whether this risk is covered or not?
TMAA email – October 9, 2012
Last week I circulated an email about flying with non-affiliate members. Since then I forwarded an email from a Club Secretary to the MAAA Secretary and the reply to that email is below, please read it. The MAAA have changed their stated position on this subject and their position has been made clear at many annual conferences and monthly MAAA Executive meetings in the past. The TMAA Executive have repeated the same statements at state meetings here and I’m sure many would remember this. So please disregard and delete my previous email on the subject.
MOP 046 above applies to any site where there are Para-gliders or hang gliders operating with slope soaring activities, I have also attached from my previous email··MOP 057, the Catlin document and the 13.1 rewrite is below as well.
If there are any further questions on this matter, I’m happy to forward them to the MAAA Secretary and circulate the answers to all Secretaries.
Attached is a copy of a·Policy Endorsement issued by Catlin. This Endorsement was in response to a request from the MAAA Executive to have··clause 13.1 in the Combined Liability Policy amended to adopt wording more in ‘laymen’s’ terms. (Executive minutes 06.17.4)
“13.1 is listed under General Exclusions and the policy·does not apply if the MAAA administrative documents/ procedures which includes·all the MAAA MOPs are not adhered to.”
Garry Anderson (Secretary/Treasurer, TMAA)
MAAA email – October 9, 2012
In the case of a general slope soaring sight which is not a recognised flying site by the State Association or MAAA , where permission is given for its use by the owner, and other than MAAA members use the site, the MAAA member is still covered for Personal Accident. In the case where they cause damage or injury to a third party the Public Liability Insurance will respond. What the MAAA member needs to be aware of is that the other persons flying MAY not have any or equivalent insurance so if the MAAA member is injured or has his property damaged by one of these persons, the MAAA Insurance does not cover this. The MAAA member is then left in the situation of having to pursue any claims on a personal basis with the non-member.
All recognised club flying facilities used by MAAA members are covered by the MAAA Public Liability Policy. In many cases, arrangements have been made with the Landlord in accordance with the terms of our insurance and MAAA rules. The Landlord permits the Club to operate under this premise. If non MAAA members are permitted to fly and damage property the Landlord is entitled to sue the MAAA club because they are the group that the Landlord has the agreement with. This also holds true for injury to a third party.
The Landlord is not concerned with who was flying the model which caused the damage; he is suing the MAAA as per the lease agreement. The non-member would not be covered under the MAAA policy. This then creates a very messy insurance situation. The MAAA would be responsible for paying the Insurance excess and if the claim is small that may be all that comes from it. However, MAAA members are still out of pocket due to a non-member’s action as any claims will be paid out of MAAA funds to which the non-member has made no contribution. If the claim is large and depending on how it is framed, there is no limit to who is sued and inevitably it will be the courts who will decide on the percentage breakup of the claim.
This is a good example of things that need to be considered before letting non-members onto club fields. We are not dealing with vehicle insurance here. Under these circumstances the Landlord may also revise the use of their property given that the club breached an agreement.
The MAAA rules and procedures for operation at MAAA covered flying facilities are for exclusive use of MAAA members by way of Copyright.·Non-members cannot operate or be bound under these rules or procedures.
Office:· 07 3207 9067
Fax:···· 07 3207 8175 (By arrangement)