Who is liable for errant golf shots? The answer may surprise you.
An agent asks, "A golfer shanked a tee shot into a house located alongside the fairway. The golfer is sorry, goes to his insurance company, and turns in a liability claim. The insurer denies the claim, saying it was an 'accident' and they don't pay for accidents like that. Coincidentally, the house the golfer hit was also insured by the same company. Do you think this claim is covered by the HO policy?"
There appears to be two possible reasons for this denial:
The insurer just wants to save $250 (or whatever the deductible is) by paying the claim under Section I of the homeowner's policy.
The insurer feels that golfer isn't legally responsible for the damage. He may feel a moral obligation to pay for the damage, but that doesn't mean that he is obligated under the law to do so.
Sometimes an insurer's refusal to pay a claim is simply on the basis that they feel their insured has no liability. Too often, that premise is abused, but in this case it appears that the insurer may be on sound legal ground, depending on the facts and circumstances. Clearly, if a suit is filed, the insurer must defend the claim.
What are some of the legal issues involved when a golfer damages property with an errant golf shot?
There is a fairly significant body of case law dealing with the liability of golfers for errant shots. In general, the fact that a golfer struck a golf ball and the result was bodily injury or property damage does not constitute proof of liability or negligence. The injured party must prove that the golfer failed to exercise ordinary care by, where possible, giving adequate and timely warning of a miss-hit golf ball.
Specifically, with regard to the original question about damage to the neighboring property, most claims arise out of allegations of nuisance or trespass. Most of these types of claims are more likely to be successful against the golf course, a defense of assumption of risk or constructive notice of hazard is often successful, as long as the course had not been modified and barring allegations of improper design that are upheld.
The bottom line is that the insurer might very well be right--the golfer is not legally liable and coverage is most appropriately obtained on a first-party basis from the homeowners policy.
If you’re traveling outside of the United States for business, the best way to ensure a safe trip is to prevent problems before they happen. The more you know before you go, the less likely you are to have difficulties during your travels. Follow these safety precautions provided by the U.S. State Department to help ensure a safe business trip abroad.
Make two photocopies of the data page of your passport; take one with you on your trip and leave the other at home.
Before You Go
Travelling somewhere unusual? The U.S. Department of State issues consular information sheets that contain information about crime and security conditions, areas of instability and other details pertaining to travel in a particular country. The Department of State also issues travel warnings and public announcements, which are updated regularly for countries throughout the world. You can access fact sheets and more information at www.travel.state.gov.
Leave a detailed itinerary including names, addresses and phone numbers of persons and places to be visited with a U.S. contact so that you can be reached in an emergency. Also, make photocopies of your passport information page, credit card numbers and flight information.
When traveling, do not to carry large amounts of cash. Most credit cards can be used worldwide. In case of company-issued credit card theft, notify accounting immediately.
If you go abroad with a pre-existing medical condition, you should carry a list of prescription medicines that you must take, along with the generic names of the drugs, in case of emergency. To ensure that you do not violate the drug laws of the countries that you visit, consult the embassy or consulate of those countries for precise information before your trip.
Required Documents
When traveling outside of the U.S., travel document requirements vary from country to country. You may need a U.S. passport, proof of citizenship, visa or tourist card if required by the country or countries that you plan to travel to. Check with the embassy or consulate of the country to learn more about passport, visa, or proof of citizenship requirements. Remember, no matter what identification a foreign country requires, U.S. Immigration has strict requirements for re-entry into the United States.
Immunizations
Under international health regulations adopted by the World Health Organization, a country may require international certificates of vaccination against yellow fever and cholera. Typhoid vaccinations are not required for international travel, but are recommended for areas where there is risk of exposure. Check your health care records to ensure that your measles, mumps, rubella, polio, diphtheria, tetanus and pertussis immunizations are up to date. Medication to deter malaria and other preventive measures are advisable for certain areas. More information is available from the Centers for Disease Control and Prevention at www.cdc.gov.
Health Insurance
Remember to carry with you your health insurance policy identity card. If you become ill or injured while abroad, contact the nearest U.S. embassy or consulate for a list of local doctors, dentists, medical specialists, clinics and hospitals.
Protecting Your Passport
Your passport is the most valuable document that you will carry abroad. It confirms your U.S. citizenship. When entering some countries or registering at hotels, you may be asked to fill out a police card listing your name, passport number, destination, local address and reason for travel. You may be required to leave your passport at the hotel reception desk overnight so that it may be checked by local police officials. These are normal procedures required by local laws. If your passport is not returned the following morning, immediately report the impoundment to local police authorities and to the nearest U.S. embassy or consulate.
If your passport is lost or stolen abroad, you should report the loss immediately to the local police and to the nearest U.S. embassy or consulate.
It's been 5 years since Hurricane Katrina, the largest single loss event in the history of the global insurance industry, causing $41.1 billion in insured damage. Even though we, in Wisconsin, are far from the hurricane zone, these 4 steps apply to EVERY homeowner.
1. Review your insurance Coverage
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According to the National Flood Insurance Program (NFIP), even one inch of water in your home can cause up to $7,800 in damage.
Flooding is NOT covered in a standard homeowners, renter's or business insurance policy. So before you're faced with rising water, read the following information to help you learn about your flood insurance options.
How do I know what kind of flood area my home or business is in?
Everyone can sustain a loss from flooding, but not everyone faces the same level of risk.
High-Risk areas: at least a 1% chance of flooding annually. All homeowners with mortgages from federal regulated or insured lenders are required to buy flood insurance.
Moderate-Risk areas: Flood insurance in these areas is not required, but recommended.
Undetermined-Risk areas: flood-hazard analysis has not been conducted, but risk still exists.
To find out if the flood map in your area has been updated, put your zip code in here.
How do I buy flood insurance?
Flood insurance is sold by licensed insurers, so
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if you would like to find out more information or get a quote.
NOTE: Flood insurance does not go into effect immediately. Most flood insurance policies have a 30-day waiting period.
What does flood insurance cover?
The standard flood insurance policy pays for direct physical damage to your property up to the replacement cost or actual cash value of actual damages or the policy limit of liability, whichever is less.
Homeowners: You may purchase flood insurance covering up to $250,000 of flood damage to your home. A standard flood insurance policy covers structural damage, including damage to the furnace, water heater, air conditioner, floor surfaces and debris clean-up.
The contents of your home are not covered under a standard policy; you can purchase up to $100,000 in coverage for additional premium. It's a good idea to properly value your possessions incase disaster strikes. Click here for a useful list to help you identify what you own and what it's worth.
Coverage for basements, crawlspaces and ground-level enclosures on elevated homes is limited. If this is the case with your home, contact us about any restrictions in your coverage.
Renters: Flood is not covered under a basic renter's insurance policy. Contact us to learn your flooding risks to decide if you need coverage for your belongings. For more information on renter's insurance, click here.
Business Owners: A flood insurance policy covers up to $500,000 on a non-residential building and its contents.
Recent heavy rains have overloaded sewer systems, causing raw sewage to back up drains in homes. Backed up sewers can cause thousands of dollars in damage to floors, walls, furniture, and electrical systems, according to the Insurance Information Institute.
Many people assume sewage backup or sump pump overflow is covered by their homeowners policy, but in fact, standard policies don’t cover the damage. If it is on the policy, the coverage is minimal. If you have a finished basement, it’s essential to buy sewer and sump pump overflow coverage. These protections can be purchased as an endorsement to a homeowners policy. $10,000 of coverage costs about $65 per year, depending on the carrier. Contact your agent for more information.
For insurance purposes:
Take before and after photos of the affected areas
Save all receipts related to repair, cleaning or damages
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as soon as possible
Contact a qualified restoration contractor
How to prevent backups:
Dispose of grease properly: Do not put cooking oil down the drain.
Dispose of paper products properly: Paper towels, disposable diapers, feminine products do not deteriorate quickly.
Replace your line with new plastic pipe: To prevent tree roots from entering your line.
Correct illegal plumbing connections: Do not connect French drains, sump pumps and other flood control systems to your sanitary sewer.
Install a Backwater Prevention Valve: Allows sewage to go out, but not to come back in.
Make sure rain gutters are clean and down spoutes direct water away from the building foundation.
Be sure landscaping is sloped away from the foundation.
Organizing or sponsoring amateur sports leagues or camps can be a rewarding way to promote physical fitness in both youth and adults. As you prepare for these activities, remember that as the coach or administrator, you are faced with the risk of injury or personal loss. It is your responsibility to provide coverage for all participants, staff and facilities of the insured group for all activities that include participation in scheduled or supervised events, practice sessions and travel.
Amid the many challenges associated with organizing a league or camp, building a risk management plan and navigating the complicated web of insurance options might seem overwhelming.
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understand the specific risks associated with the activity you will be controlling and ensure that you purchase the right amount of coverage, which might include:
Accident medical coverage, which applies to medical expenses incurred as a result of an injury sustained while participating in the insured activity. This coverage is typically written on an excess basis over other collectible medical insurance.
Workers’ compensation insurance may apply to injuries sustained by staff members, depending on state laws.
Liability coverage protects coaches, volunteers, officers, directors, teams, associations or leagues against claims of bodily injury, property damage, advertising and personal injury, plus the litigation costs to defend against such claims. Legal liability to participants generally responds to suits made against you by a participant involved in an athletic or sports-related activity that you control, promote or sponsor.
Equipment floater policies can insure the transportation of league equipment or even portable concession stands.
