Insurances Overview

Summary: 

• In the event of a claim/ incident, Public Liability insurance will cover MyAdventure Group employees/business regardless of whether employees follow iMAG or not (and regardless of whether the guide has been negligent).

• In almost all situations involving an incident, the claim will be against the business (not the individual guide)

• Over the past couple of years the number of insurers offering cover to adventure companies has reduced drastically (2 years ago >12 insurers were offing cover, now <5). Having a resource such as iMAG helps massively in:

  • • maintaining cover with insurers

    • shopping the cover around

• The impact of a claim will affect Public Liability premiums moving forward (and also whether an insurer wants to insure the business)

Q&A with the insurer:

If casual staff (who are qualified guides) are trusted to use their professional discretion as to how to guide (and Ditch Investments has given NO direction on how to guide a particular activity/site etc) and an incident occurs? (this assumes NO OPS MANUAL)

 There is a vicarious liability exposure for Ditch Investments.

If a qualified casual guide has been told to review systems and processes (onus on a staff member, not Ditch Investments) and an incident occurs? 

Does the casual guide have their own insurance? Is the injury a result of the guide not correctly following the guidelines set out by Ditch Investments? Do the systems and processes created by Ditch Investment have a sign-off from a peak body or approved organization? If not, then the defense of a claim may be weak if we are relying on non-approved programs

A qualified guide knows what the business process is, does something different an incident occurs? 

If the qualified guide has their own insurance it should fall under their policy. Vicarious exposure for Ditch.

Ditch Investments staff use their professional judgment to do something different and an incident occurs?

If there is negligence then Ditch will be up for it.

Qualified guide acts in accordance with Ditch Investments Process and an incident occurs? 

If negligence proved then Ditch will be up for it but if processes are industry standard and approved it strengthens Insurer's defense.

Does having prescriptive systems increase/ decrease Ditch Investments exposure in the event of an incident occurring? 

If prescriptive systems are industry standard and approved by peak bodies then they should decrease the chances of an incident and if an incident occurs then the Insurer's defense is a lot stronger because they are following an approved program.

How much training needs to be undertaken in educating staff as to systems/ processes/ protocols of Ditch Investments? Will having all Guides review the process procedures and sign-off mitigate the risk on Ditch Investments?

I am not sure how much training is required to be honest. You would think by all guides reviewing the process procedures and signing off would mitigate the risk on Ditch Investments on the basis that the processes/protocols are sound and industry standard and approved.