ChrisM wrote:
AlanShearer wrote:
ChrisM wrote:
AlanShearer wrote:
You're confusing the issues. Races get general liability coverage to cover its general liability. If a spectator is injured due to an RD;s negligence, it will be covered. However, as a quid pro quo for that coverage, insurance companies will require waivers from each participant. It's not that difficult a concept. But a bandit is not a participant. I could see that an insurance company might require the RD to take reasonable measures to prevent bandits as a condition for requiring coverage. I could see an insurer denying coverage if a RD knowlingly or recklessly allowed bandits to participate. But the lack of a waiver seems to be completely irrelevant. Anyone using the closed course is a participant. Lack of waiver is not irrelevant. But you can go on thinking that
And that statement is based on what? Care to cite legal authority? Or are you just making it up?
So you're essentially saying that if an unauthorized individual sneaks onto a closed course, notwithstanding reasonable and good faith efforts by the RD to prevent it from happening, and suffers or causes harm, an insurance company would deny coverage under a general liability policy? While coverage always depends on the policy language, I highly doubt it would be denied in that case. This is precisely one of things that general liability coverage is for.
It's called the law. Ask any RD
But as you "suspect" it's not an issue, authority for that statement?
Really? What law? As a lawyer that has looked into the issue, I can't seem to find anything supporting your claim.
As someone who has regularly helped put on a local race, including assistance with securing permits, I know the insurance requirements imposed as a condition of obtaining those permits.
As a lawyer that advises municipalities, I know that no municipality would issue a permit to a race if it thought that there was such a gaping hole in the required insurance coverage.
Will an insurer deny coverage if a RD knowlingly allows a bandit on the course? Probably.
Do bandits increase the cost of such coverage? Possibly. Probably if the insurer is aware that it could be a significant problem or if there is a known history of bandits sneaking into the particular race or RD's events.
Will an insurer deny coverage under a general liability policy if, despite reasonable efforts by the RD to prevent if from happening, a bandit makes his or her way on to the course? Unlikely.