Should a Chess Club take out Public Liability Insurance?

[David Williams]

There seems to be a trusting faith here that taking out an insurance policy provides a complete safety net.

Is it not possible, even likely, that the insurance company would state that some of the incidents here were not the responsibility of the club and therefore not covered? Indeed, could having a policy even weaken the club's position? Taking out a policy suggests that the club acknowledges that it does have liabilities. Whether this is covered by insurance or not is no concern of the claimant, but it becomes rather more difficult for the club to distance itself.

[Ian Thompson]

Is it not possible, even likely, that the insurance company would state that some of the incidents here were not the responsibility of the club and therefore not covered?

No. They might say the incident was not the responsibility of the club so the club was not liable. Public liability insurance would cover the legal costs of defending the claim on those grounds.

[David Williams]

Is it not possible, even likely, that the insurance company would state that some of the incidents here were not the responsibility of the club and therefore not covered?

No. They might say the incident was not the responsibility of the club so the club was not liable. Public liability insurance would cover the legal costs of defending the claim on those grounds.

In so far as I've thought this through, I was thinking of a situation where someone is injured because of a club member's stupidity, and the logical claim is against the individual. But if you know that the club is insured that opens up another avenue.

I'm not denying that there is an important issue here. Purely speculation, but you'd think it was almost only a matter of time before someone pursues an issue to do with safeguarding of junior members, for example.

[Alex McFarlane]

My understanding of Public Liability is that it covers accidental injury or damage to property. As such I'm not sure that it would cover a safeguarding issue.

I'm better informed on tournament venues than club venues but in general, if you hire premises you will be covered by its insurance. Some buildings will have it as a condition of the let that you must arrange your own public liability cover. It may be worth a club asking for confirmation that its let is covered.
I would be surprised if most clubs would not already be covered by the venue's insurance. Having said that, it was necessary to make arrangements, and prove that had been done, at one event held in a public building.

[MSoszynski]

Is it not possible, even likely, that the insurance company would state that some of the incidents here were not the responsibility of the club and therefore not covered?

No. They might say the incident was not the responsibility of the club so the club was not liable. Public liability insurance would cover the legal costs of defending the claim on those grounds.

From what I have gathered, an unincorporated association, which is the sort of ordinary/typical chess club we have been discussing, is not a legal entity. As such, it cannot sue or be sued. Moreover, another poster believed "there is no known case in UK law of the members of an unincorporated body being sued for its liabilities".

We should appreciate that insurance companies will be quietly content to accept premiums for impossibilities.

Nevertheless, let's try to create a scenario. A visitor treads on a chess piece and is badly injured. Believing negligence by the Chess Club, he sues the Club's Chairperson (since he can't sue the Club itself). The Club makes a claim against its Public Liability Insurance. This is ostensibly to pay for the Chair's legal costs. The insurance company pays the full or some amount, let's say. (I could ask to whom.)

Is this a remotely credible scenario?