|
|
Accountable Angling
by Taylor Wilson
 We live in the Age of the Sue-Happy—a time when, in the wake of tragedy, some people are going after whatever they can get (and then some) through litigation. And an unfortunate result of this mindset is we have to be a gird-your-loins society. Everyone, bass anglers included, has to prepare for the worst and protect what’s ours—even our bass clubs.
Of course, all individual club members, and especially the boat owners among our ranks, need to have individual liability insurance, and hopefully quite a bit, on their autos and boats. But who is to say litigation is going to stop with an individual? Can’t a club likely be held liable? Of course it can. With that in mind, a bass club may ponder the need for liability insurance.
And yes, most clubs require members to sign a liability waiver and require minimum individual insurance for all members using a boat in their tournaments, but again, there are no guarantees. A first step to some sort of peace of mind/security is for bass clubs to begin investigating the best route via the advice of an attorney.
Indeed, BCD spoke with several attorneys as well as professionals in the insurance field while creating this article. And it became clear that liability insurance is something that every bass club should also consider.
 Such club liability insurance seems less popular among bass clubs as it is among even the smallest of hunting clubs. Still, the need is there, many say.
“Purchasing liability insurance is something that all organizations should consider, including fishing clubs,” said Lorena Hatfield, Marketing Resource Manager for K&K Insurance Group (www.kandkinsurance.com). The Fort Wayne, Indiana-based K&K has provided insurance for sports and recreation markets since 1952.
“While a boat owner’s insurance may cover an individual’s liability risk, the club could still be exposed to the possibility of a claim should an incident occur. A licensed, qualified insurance agent can help the club assess and balance its comfort level between the risk of a lawsuit and the cost of purchasing insurance.
“Keep in mind that often the defense costs associated with a lawsuit are higher than the actual claim itself, so purchasing an insurance policy that pays defense costs outside of the policy limits is also a consideration,” Hatfield said.
Outdoorsman Scott May is an attorney from Memphis, Tenn. He sees having bass club liability insurance as being similar to the needs of sportsmen in hunting clubs.
“The traditional hunting club leases or owns land on which its members and guest hunt,” May said. “Because guns are involved and can go off at unexpected times; it is good to have insurance that covers this and other problems.”
That said, May noted, “However, the ‘typical’ bass club does not own the lakes on which they fish, or even the launch facilities, but they do have ‘events’ they put on, such as fishing tournaments where they pick the lake, starting and ending time, etc. If a participant were injured, it does not take much imagination to think that he would say the club, not he, was at fault, because the water was too rough, etc.”
May also added that though he knew of several sources that sold hunt club insurance, he knew of no sources for bass club insurance.
He said a strongly-worded release (of liability), signed by all adult participants and parents of minors, could cure the problem. May said he wrote such a release for Outdoors, Inc., a company which annually sponsors a canoe/kayak race on the Mississippi River in May.
Hatfield said, “A waiver drafted by an attorney familiar with waiver and release language could provide some protection from lawsuits brought by members/participants against the club, but it would not protect the club from lawsuits by third parties not associated with the club who might be injured or incur some type of loss due to a club member’s activities.”
David Livingston is an angling attorney and bass club member from West Tennessee. He said he can understand the need for liability coverage, and most notably surrounding events a bass club might host involving kids, such as a youth event or fishing rodeo.
Otherwise, a well-worded liability waiver or release could be the route that most bass clubs might consider, he said.
Stacy Twiggs, Senior Manager for B.A.S.S., said proof of liability coverage is required by most organizations that own or control the launch areas where many bass clubs host tourneys. Examples might be state parks or the U.S. Army Corps of Engineers on some larger reservoirs.
“Yes, they are going to ask for proof of such insurance. This is because, God forbid, if some unforeseen tragedy happens, it is very likely the injured party is going to come after whoever they perceive to have the deepest pockets in order to get a settlement. And really, anybody under the sun can be named in such suits,” Twiggs said.
“Sure, all this is a sensitive issue, one that nobody wants to talk about. But reality is that accidents do happen in all kinds of clubs, be it bass clubs, or among bowlers, or hikers or any other group or club. And these accidents happen even with the strictest of safety policies in place.”
He said with membership in B.A.S.S., each Federation Nation club is automatically awarded $1 million in liability coverage at any club-sanctioned events. This also includes award ceremonies, banquets, meetings, booths at expos and outdoor shows and other events. (Readers can visit the B.A.S.S. Federation Nation website or call 877-BASS USA for added information.)
“OK, so you are a B.A.S.S.-affiliated club and you are going to host a tournament or maybe even a CastingKids event at Bass Pro Shops. All you need to do is request a certificate for proof of liability insurance through B.A.S.S. And it is available to you in seven business days,” Twiggs said.
He noted that B.A.S.S. requires all boat owners to have a minimum of $300,000 liability insurance. But the added club liability coverage via affiliation provides added insurance coverage that small clubs would otherwise be unable to afford.
Twiggs also said that waivers and releases are attached to every B.A.S.S. tournament entry form. It is something all clubs should do likewise. But in such cases they should be sure to check their own state laws, because such laws vary from state to state.
As for club liability coverage, Twiggs said, “What you have is peace of mind. Think about it, no one wants to speculate that bad things are going to happen. But the opportunity is certainly there today on many levels, with high school fishing teams, college fishing teams, weekend club anglers and more.
“B.A.S.S. has always stressed safety is the key in everything we do. We do everything with safety in the forefront. Still, a small club director can only do so much once boats are on the water. And it is great that added liability coverage is there in the event something catastrophic happens.”
|
