CLUB’S PUBLIC LIABILITY INSURANCE
Please find below a brief description of the Club’s Public Liability Insurance covering Members and authorized visitors. If you need further assistance on the policy conditions, you may contact the Accounts office.
Panaga Club (and its employees) and members, temporary members, guests and approved visitors whilst using the club facilities.
Scope of Cover
Covers the Insured against damages or compensation which the Insured is legally liable to pay in respect of bodily injury or illness to any third party or loss of or damage to property of any third party as a result of an accident arising out of Club business or activities.
An accident is a fortuitous event which is sudden, unexpected and unintentional. Acts which are willful, deliberate, intentional or gross negligent are not deemed accidental.
All Panaga Club (including KBBC and PGC) sporting, social and boating (non-motorised crafts) activities, however excluding diving.
Third Parties are essentially any persons not connected to the Club, i.e. the general public. Under the policy extension, members, guests, temporary members and approved visitors are classified as third party to each other. Club staff and contractors are not classified as third parties.
Limit of Cover
- B$5m per incident up to B$20m per year for general liability
- B$500 per incident up to B$50,000 per year for personal effects (exclude vehicles) of members, guest, temporary members and approved visitors
- B$2000 per incident up to B$50,000 per year for employees’ vehicles at Club’s vicinity only
- Deductible is B$100 any one accident except for personal effects of members, guests, temporary members and approved visitors where no deductible applies.
Liability of Club is covered within the territorial limits (land and waters) of Brunei, Malaysia and Singapore. However, liability of members to fellow members is covered only whilst participating in any club activities whilst using club facilities at the club premises.
Please take note that the above insurance:
- covers only those events which are officially Club related where members participate under the name of the Club. It does not cover those activities where members participate on own accord. Members are therefore advised to check where appropriate, the adequacy of personal liability insurance when conducting such sporting activities.
- does not cover liability of any persons on Club premises who have not been registered as temporary members, guests or approved visitors, eg. Domestic helpers, caddies, friends. In the event of an accident involving such visitors, the members involved may be personally liable. It is therefore advised that all members’ visitors to the Club are properly registered as temporary members.
PANAGA GOLF CLUB – GOLF INSURANCE
- The Panaga Golf Club advises all its Members to purchase and maintain personal golf insurance.
- Many overseas golf clubs (including our Reciprocal Clubs) now insist on personal golf insurance as a perquisite before play.
- If you travel outside Brunei, Malaysia or Singapore the Panaga Club Third Party Liability Insurance is NOT valid.
- Panaga Golf Club Insurance covers only those events which are officially Club related, where members participate under the name of the Club. It does not cover those activities where members participate on their own accord.
- Insurance does not cover liability of any persons on Club premises who have not registered as temporary members, guests or approved visitors (e.g. caddies & friends). In the event of an accident involving such visitors, the members involved may be personally liable. It is therefore advised that all members’ visitors to the Club are properly registered as temporary members.
The following is a brief summary of a Golfer’s Insurance (Worldwide, excluding USA and Canada)
- Liability to the Public ($250,000).
- Golf Clubs, Bags, Golf Equipment ($3,000) (Damaged or lost in transit).
- Personal Effects ($1,000) (Loss or damage to certain personal effects whilst on any golf club premises due to theft or fire)
- Personal Accident (10,000)
- Hole-In-One ($500)
- Cost of Insurance – about $60.00 per annum.
MARINE INSURANCE – STAR OF SIAM
Hull & 3rd party liability.
Insured party (Who is covered ?)
Panaga Club & KBBC (and its employees), waterskiers and any persons involved in the operation of the vessel (navigator) with the express permission of Club, but excluding any person SCUBA diving from the vessel.
Any person other than the policyholder – Club.
Scope of cover
Covers the Insured against damages or compensation which the Insured is legally liable to pay in respect of bodily injury or loss of life to any third party (including navigators, all passengers on board, waterskiers, independent contractors working on the vessel but excluding any person SCUBA diving from the vessel) or loss of or damage to any other vessel or property of any third party or the financial losses of any third party not arising from bodily injury or property damage.
Panaga Club and KBBC club related cruising activities on Star of Siam.
- Liability arising out of wilful act of an Insured.
- Liability assumed under contract – which arises solely by reason of an agreement which an Insured has entered into.
- Liability incurred whilst participating in, training or testing for, motor boat races or speed trials.
- Liability arising from the improper use of inflammable or explosive substances.
- Liability to any person employed by an Insured in connection with the vessel including the master and crew.
- Liability arising whilst the vessel is being transported by road.
- Liability arising directly or indirectly out derelict mines, torpedoes or other weapons of war.
- Fines, criminal penalties or multiple, exemplary or punitive damages.
- Claims covered under any other policy.
Limit of cover
- Hull cover is GBP50,000.00 with deductible of GBP2,000.00 any one accident except for actual or constructive total loss, Partial Loss due to theft through violent and forcible entry.
- Third party liability cover is GBP1 million per incident (combined single limit for personal injury and/or property damage). The maximum indemnification for personal injury is to GBP650,000.00 per person subject to the combined single limit per incident. Limit of indemnity for financial loss is GBP40,000.00 subject to the combined single limit per incident.
- Limit of indemnity within one insurance year is GBP2 million.
- There is no deductible for third party cover.
Waters of Sarawak, Brunei and Sabah up to 200nm off the coast.
BRITISH SUB AQUA CLUB INSURANCE
Third Party / Public Liability Insurance
Insured party (Who is covered ?)
All paid up members of BS-AC, the Committee of the BS-AC for the time being and BS-AC International Ltd.
Scope and Limit of cover
Third Party sometimes called “Public Liability” Insurance is in place for up to £2,000,000 for civil liability compensation awards for personal injury to Third Parties or Members of the Public or damage to their property as a result of negligence by any BS-AC Member. Additionally the cover includes up to £5,000,000 for civil liability pursued against Principals to the BS-AC i.e. Swimming Pools, Leisure Centres, Land Owners and Lake or Pit Owners that allow BS-AC organised diving/training to take place on or in their property. The cover this year also includes up to £100,000 of Criminal Defence costs as a result criminal action being taken against an insured for death or injury of a Third Party, damage or destruction to their property. The policy this year runs from 31/01/03 to 30/01/04 under Policy Number DMI/03/10762.
- When are they covered? – All BS-AC members are covered when engaged on Club activities and when they are diving anywhere in the world.
- Does the insurance include the use of Nitrox, Rebreathers and Trimix? – Yes, where they are being used in accordance with BS-AC recommendations.
- What happens when I am abroad and diving on holiday with other organisations at either a Dive Centre at a Hotel, or an independent Dive School at Resort? – Your BS-AC member liability insurance still covers you, but if you are going to engage in speciality diving that is out side of the BS-AC recommendations please check with BS-AC Headquarters and their Insurance Advisors that the activity can be included in the member liability cover.
- Can one BS-AC member claim personal injury or damage to property caused by another BS-AC member? – Yes, if it is as a result of negligence and results in a legal claim, this is called “Member to Member Liability” and is stated in the policy.
- If I feel that I am responsible for an injury to someone else or damage to someone else’s property and I may be held responsible what should I do? – You must not admit any responsibility or liability at the time of the incident. Report the matter to BS-AC Headquarters and you will receive a response from HQ and /or their Legal Advisors telling you what the legal position is.
- Are guests and visitors to our Club covered by this policy? – Yes, guests and qualified divers who are in the process of joining the club are covered for up to 7 visits in one 30 day period for this policy year (31/1/03 to 30/01/04). Once they have joined your Club and are members of the BS-AC they are covered like any other BS-AC member.
- Does the 7 visit restriction for guests and visitors apply to Friends, Family or Members of the Public that we allow to swim in our pool during pools sessions? – No, friends and family, or members of the public that you allow to swim in your pool during your pool sessions are covered by this insurance regardless of the number of visits they make. This insurance applies even if you charge them for the swimming sessions, so long as the proceeds are dispersed to your Branch funds.
- Are we covered for arranging “Try Dives” for the public? – Yes, you are covered for arranging this activity along with Open Nights at your Branch and Club Social Events.
- Does this insurance cover the Swimming Pool Management/Owners if they are sued because of our negligence? – Yes, this is called “Indemnity to Principals” and is stated in the policy. The cover also extends to any “Principal” who is allowing you to use their facilities, like Pit or Lake Owners, Schools and Colleges.
- Will this insurance be acceptable to the Ministry of Defence if we use their facilities or are based inside a military establishment? – Yes, this is called “Crown Indemnity” and is stated in the policy.
- Will the BS-AC Liability Insurance pay claims if I am injured or lose or damage my diving equipment if no one is to blame? – No, the BS-AC’s annual Liability Insurance is not an “Accident” “Travel” or “Dive Equipment” Insurance. You should insure these risks yourself with an appropriate insurer.
Liability cover in the USA and Canada is restricted to being sued outside of the USA or Canadian legal jurisdiction.
If more information about this insurance is required please refer to BS-AC Headquarters. They can provide a more formal proof of insurance if necessary. This is only a brief description of the Annual Liability Insurance that is stated more specifically in the BS-AC’s Master Insurance Policy, a copy of which can be obtained from BS-AC Headquarters upon request.
This Insurance has been placed with Certain Underwriters at Lloyds by Dive Master Insurance Consultants Ltd.
Marine Insurance – Motorised Boats (Excludes Star of Siam & Skiing activities) 1st Amendment – January 2004
- Hull and Marine Third Party Liability for Naga Laut – diving boat
- Marine Third Party Liability for motorised boats.
Insured party (Who is covered ?)
Panaga Club & KBBC (and its employees), navigator with valid license as required by relevant authority and permission by the club.
Scope of cover
- Covers the Hull, Materials and Machinery Outfits and everything connected therewith (for Naga Laut only)
- Covers the Insured against damages or compensation which the Insured is legally liable to pay in respect of bodily injury or illness to any third party or loss of or damage to property of any third party as a result of an accident arising out of the operation of the vessels as part of the club activities (excluding skiing activities), if club’s or navigator’s negligence is proven.
- Liability of Navigator (with valid license and permission by the club) to third parties is covered only if navigator’s negligence is proven.
- Liability of water skiers to third parties is not covered.
Panaga Club and KBBC club related boating activities (excluding skiing activities) with the use of club’s insured motorised boats – Naga Laut, Challenger, Buccaneer, Skylla, Rescue boats.
Third Parties are essentially persons not connected to the Club, i.e. general public. Under the policy, navigators, passengers on board and skiers are not classified as Third Parties.
- Electronic Date Recognition Clause
- Terrorism Exclusion Endorsement
- Institute Radioactive Contamination Exclusion Clause
- For hull cover – Naga Laut
- outboard motor dropping of or falling overboard
- personal effects
- consumable stores, fishing gear or moorings
- For third party cover,
- Any direct or indirect payment by the Assured under workmen’s compensation or employers’ liability acts and any other statutory or common law liability in respect of accidents to or illness of workmen.
- Any boat belonging to the vessel and having a maximum designed speed exceeding 17 knots (not applicable to Naga Laut)
- Punitive or exemplary damages
- Competition racing or speed testing
- Any person who navigates the insured vessel must possess a valid licence as required by the relevant authority.
- The vessel must be properly licensed &/or registered with the appropriate Government Marine Department whose rules and regulation must be complied with.
- Warranted maximum load of number of passengers are observed
- For Hull cover – Naga Laut, theft of outboard motor is covered provided it is securely locked to the vessel by an anti-theft device in addition to its normal method of attachment or upon forcible entry into the Vessel or place of storage or repair.
- Speedboat Clause :
- It is a condition of this insurance that when the Vessel concerned is under way the Assured named in the Schedule to the policy or other competent persons shall be on board and in control of the vessel
- No claim shall be allowed in respect of loss of or damage to the Vessel or liability to any third party or any salvage services
- caused by or arising from the Vessel being stranded sunk swamped immersed or breaking adrift, while left moored or anchored unattended off an exposed beach or shore
- arising while the Vessel is participating in racing or speed tests, or any trials in connection therewith.
- No claim shall be allowed in respect of rudder strut shaft or propeller
- caused by latent defects in hull or machinery, breakage of shafts or bursting of boilers (excluding the cost and expense of replacing or repairing the defective part broken shaft or burst boiler)
- caused by the negligence of any person whatsoever, but excluding the cost of making good any defect resulting from either negligence or breach of contract in respect of any repair or alteration work carried out for the account of the Assured and/or the Owners or in respect of the maintenance of the Vessel.
- for any loss or damage caused by heavy weather, water or contact other than with another vessel, pier or jetty
- If the Vessel is fitted with inboard machinery, no liability shall attach to this insurance in respect of any claim caused by or arising through fire or explosion unless the Vessel is equipped in the engine room for engine space tank space and galley, with a fire extinguishing system automatically operated or having controls at the steering position and properly installed and maintained in efficient working order.
- Institute Pollution Hazard Clause
Limit of cover
Hull cover for Naga Laut is B$19,000.00 with deductible of B$1,500.00 any one accident except for total loss &/or constructive total loss.
Third party cover is B$1 million any one accident, with deductible of $5,000.00.
- Territorial Limits
Coastal and Inland waters of Brunei, Sabah and Sarawak.