What’s Covered – Clubs / Members

Summary

Clubs and members affiliated with the APCC will be covered automatically for the following:

• Public & Products Liability
• Association Liability
• Personal Accident – Voluntary Workers & Members

A summary of the cover is as follows:

Cover Public and Products Liability (Including Financial Loss) $10,000,000 any one occurrence or series of occurrences $50,000 Property in Care, Custody and Control $2,500 excess each and every claim Associations Liability (Including Professional Indemnity) $1,000,000 any one claim $2,000,000 any one period of insurance (Professional Indemnity Only) $1,000 excess (Association Reimbursement and Professional Indemnity Claims Only) Personal Accident Voluntary Workers Limit $50,000 (Death and other Benefits) Limit $10,000 (Death under 18 and 65 - 75 years) Limit $5,000 (Over 75 years Funeral Expenses) Up to $400 per week - 85% of weekly income $100 per week Domestic Home Help/Student Tutorial Costs/Out of pocket expenses (Unemployed or Retired Persons) Non Medicare $3,000 limit per claim - $50 Excess Personal Accident Members Limit $50,000 (Death and other Benefits) Limit $10,000 (Death under 18 and over 70 years) Limit $5,000 (Over 75 Funeral Expenses) Up to $400 per week - 85% of weekly income $100 per week Domestic Home Help/Student Tutorial Costs/Out of pocket expenses (Unemployed or Retired Persons) Non Medicare $3,000 limit per claim - $50 Excess

What’s Covered – Public and Products Liability
(Including Financial Loss)

Who is covering the Liability Programme
Your policy is underwritten by Various Underwriters at Lloyds

Period of Cover
30 June 2004 to 30 June 2005

Public and Products Liability

What does this section cover us for?

This policy covers your legal liability arising from your club, members, and voluntary workers alleged negligence for accidents causing bodily injury (including death) to, or damage to property, of third parties such as participants, property owners, spectators and non-members who might take legal action against you. Events which aren’t authorised, conducted or run under Pony Club rules are not covered under this policy.

What are the benefits of this cover?

• Participation Risk (eg. If a rider is injured and sues the club for personal injury whilst riding including member to member)
• Club fundraising and social activities
• Member to Member Cover
• Financial Loss – the consequences of advice given by trainers, coaches, officiators.
• First Aid Treatment Risk – liability arising from the rendering of first aid treatment.
• Products Liability – this relates to products that the club sells – the most common being food and beverages. If these products are contaminated, for example and a Third Party takes legal action against the club as a result, this section of the policy would protect the club.
• Property in Your Care, Custody and Control – If you have goods or property entrusted to you and you are held liable for damages to the goods, this extension will cover you.
• Property Owners’ Liability – Covering your liability as an owner of your premises.
• Car Parks – Where your ownership, lease or use of property includes car-parking facilities, liability or injury can be incurred. The policy will respond for these instances.
• Overseas Visits – provided you normally reside within Australia the policy extends to cover temporary visits elsewhere in the world.
• Third Party Property Owners – The definition of the insured is extended to include third party property owners for claims against them arising due to your activities carried out on their land.
• Members Personal Liability – In the event that a member does not have a separate policy providing personal liability insurance (such as normally included under a House and Contents policy or Equine Multi-Cover policy) then this extension will afford protection to the member in relation to equine activities, but excluding commercial activities.

It is important, however, that the above features are read in conjunction with the conditions and exclusions applicable to the policy.

Who are we covering?

The Insured is defined as the Australian Pony Club Council Inc including the Victorian, South Australian, Tasmanian, Western Australian and Northern Territory Associations and Affiliated Clubs.

The policy extends this definition to include shareholders, directors, partners, employees, members, coaches, officials, volunteer workers, property owners, work experience students, subsidiary or controlled companies and third party property owners.

When and where are we covered?

Including but not limited to :

2. Participating in competitions, displays, exhibitions, performances organised by The Insured, or
3. Participating in training or practice sessions or official functions arranged by The Insured, or
4. Travelling to or from competitions, displays, performances, training or practice sessions or official functions arranged by The Insured, or
5. Engaged in organised social or administrative activities of the Insured.

What are the major exclusions on the policy?

Below are some of the major policy exclusions, for a full list of all exclusions please refer to the complete policy document.

2. Damage to Property owned by the Insured.
3. Aircraft, Watercraft and Motor Vehicles – there is no cover if injury or property damage occurs through the use of any aircraft or any watercraft. This includes any motor vehicles for which compulsory insurance is required under legislation.
4. Liability assumed under any contract or agreement.
5. Liability for advice, design or specification given for a fee.
6. Pollution, other than Sudden and Accidental.
7. Deliberate Acts – there is no cover for bodily injury or property damage arising out of deliberate acts or omission of the insured.
8. Bodily injury or property damage arising out of war or terrorism.
9. Mechanical Bulls and Mechanical Horses – no cover is provided for claims arising out of the ownership or use of mechanical bulls and/or horses.
10. Claims brought within USA courts of jurisdiction.
11. Bodily injury or property damage arising out of lessons for non-members of Pony Club.

Who pays the excess?

In the event that a successful claim is lodged against the Club, then the Club is responsible for paying the excess, in the case it is lodged against a member, then the member would normally pay the excess, however, in some cases the Club may choose to pay on the member’s behalf.

What’s Covered – Association Liability

Who is covering the Association Liability Programme
CGU Insurance Limited and Vero Insurance Limited

Period of Cover
30 June 2004 to 30 June 2005

Association Liability

What does this section cover us for?

The policy is a combination of Professional Indemnity and Directors’ & Officers’ Liability Insurance, designed to meet the needs of "not-for-profit" associations.

About each section:

Professional Indemnity

This section provides protection to the association, office bearers and employees, for claims that arise from any advice they give to third parties and members.

Directors & Officers

This section provides personal protection to all office bearers for claims that arise from wrongful acts, committed whilst representing their association.

Entity Insurance

This section provides protection to the Association itself where the Association becomes legally liable for claims not covered under other sections of the policy. This is a key area of coverage for all associations.

Who are we covering?

The Insured is defined in the Schedule as Australian Pony Club Council Inc including the Victorian, South Australian, Tasmanian, Western Australian and Northern Territory Offices and their Affiliated Clubs.

When and where are we covered?

Engaging in the administration and promotion of pony club activities including all social and member services.

What are the major extensions to this cover?

• Committees
• Continuous Cover
• Attendance at Enquiries – provides defence costs in attending any inquiry, commission, investigation, public examination or prosecution.
• Breach of Confidentiality – provides cover for unintentional breach of confidentiality.
• Breach of Copyright – provides cover for unintentional breach or infringement of copyright, trademarks, registered designs or patents, or any plagiarism.
• Occupational Health and Safety – provides cover for claims arising from a breach or alleged breach of any occupation or workplace health and safety legislation.
• Automatic Run-off Liability for former office bearers.
• Spousal Liability – protects the lawful spouse of an office bearer against claims arising from a wrongful act committed by the office bearer.
• Claims made pursuant to Trade Practices Act and related legislation.

What are the major exclusions on the policy?

Below are some of the major policy exclusions, for a full list of all exclusions please refer to the complete policy document.

2. Bodily Injury or Property Damage and Products Liability – there is no cover under this policy for these claims as they are covered by the Public and Products Liability policy
3. Prior circumstances – there is no cover if the incident occurs prior to the period of insurance.
4. Insolvency (however this exclusion can be removed upon financials being provided and accepted by the underwriter as satisfactory).

Who pays the excess?

In the event that a successful claim is lodged against the Club, then the Club is responsible for paying the excess, in the case it is lodged against a coach, the coach would normally pay the excess, however, in some cases the Club may choose to pay on the coach’s behalf.

What is a "Claims Made" policy?

These policies are arranged on a "claims made" basis. Under a "claims made" policy, any new claim or potential claim that is made against you must be lodged under today’s policy, not the policy in place when the mistake was initially made.

What is a "Wrongful Act" under the policy?

2. in respect of Professional Indemnity Insurance any act, error, misstatement, misleading statement or omission by the Insured in the course of rendering (or failure to render) services or advice.

3. in respect of Office Bearers, Entity Insurance and Fidelity Insurance, any actual or alleged breach of duty, breach of trust, neglect, error, misstatement, misleading statement, omission, breach of warranty of authority or other act wrongly committed or attempted by any Office Bearer in the discharge of their duties in their capacity as Office Bearer of the Association, or any matter claimed against them solely by reason of serving the Association."

What’s Covered – Personal Accident Voluntary Workers & Members

Who is covering the Voluntary Workers and Members Programme
Ace Insurance Ltd & American Home Assurance Company

Period of Cover
30 June 2004 to 30 June 2005

What does this Section cover us for ?

Who are we covering?

Category A

All income earning Voluntary Workers of the Insured
All income earning Members of the Insured

Category B

All non income earning Voluntary Workers of the Insured
All non income earning Members of the Insured

What is the maximum benefit payable ?

When & Where are we covered?

Voluntary Workers –

All those hazards to which an Insured Person is exposed whilst actually engaged in voluntary work including necessary direct travel to and from such voluntary work or arising out of or during a journey (as defined below) undertaken on the Insured’s business. Provided always that the policy shall only apply in respect of such work is officially organised by and under the control of the Insured. "Journey" shall mean necessary direct travel to and from voluntary work performed on behalf of the Insured where either an overnight stay, interstate or overseas travel is involved, cover commences from the time of leaving the Insured person’s normal place of residence, provided that the principle reason for such overnight stay or travel arises out of the voluntary workers work for the Insured.

Members –

All hazards to which Members are exposed whilst engaged in activities sanctioned by the Insured including necessary direct travel to and from such activities. Provided always that the policy shall only apply in respect of activities officially organised by and under the control of the Insured.

What are the excesses applicable ?

Part A – Lump Sum Benefits - Nil

Part B – Weekly Benefits – Injury - 7 days

What are the limitations and/or endorsements to the policy ?

It is hereby agreed and declared that there is no cover for claims arising out of horse riding activities in the Insured Persons capacity as a Voluntary Worker.

AGE LIMIT

It is hereby agreed and declared that the AGE Limits under the Policy are five (5) to eighty (80) years of age.
It is hereby agreed and declared that Section 1 Part A is limited to $10,000 with respect to Insured Persons under the age of 18 years.
With respect to Insured Members aged 25 years and over Section 1 Part B is deleted in it’s entirety.
With respect to Insured Members aged 65 - 75 years of age Section 1 Part A is limited to $10,000. It is further agreed and noted that Event 2 - Permanent Total Disablement is deleted in it's entirety.
With respect to Insured Persons aged 75 to 80 years of age Section 1 Part A is deleted and replaced with the following:-

FUNERAL EXPENSES

It is hereby noted and agreed that where an Insured Person suffers an Accidental Death this Policy extends to cover the expenses of burial or cremation OR the cost of returning the Insured Person's body or ashes to their country of residence up to a maximum of $5,000

NON-MEDICARE MEDICAL EXPENSES

With respect to the Non-Medicare Medical Expenses endorsement the maximum We will pay is 85% of expenses up to $3,000. Excess $50 each & every claim.

This reimburses treatment received that is not claimable in any way through Medicare. This means treatment such as Medical, Surgical, X-Ray, Chiropractor, Osteopathic, Physiotherapy, Hospital, Nursing Treatment, Ambulance expenses. The Medicare "gap" is not claimable. In the event that the voluntary worker is a member of a Private Health Fund, any claim should be lodged with the Health Fund provider first.

NON-INCOME EARNERS BENEFITS

It is hereby agreed and declared that with respect to Category B Insured Persons, Section 1 Part B is replaced with the following benefits:-

a) EMERGENCY HOME HELP CLAUSE

With respect to Emergency Home Help the maximum amount We will pay is $100 per week payable from the 8th day of treatment by a Doctor for an aggregate period not exceeding 26 weeks.

b) STUDENT TUTORIAL COST

With respect to the Student Tutorial Cost endorsement the maximum amount We will pay is $100 per week payable from the 8th day of treatment by a Doctor for an aggregate period not exceeding 26 weeks.

c) OUT OF POCKET EXPENSES

It is hereby declared and agreed that should an Insured Person be a non-income earner, the benefit under Section 1 Part B - Weekly Benefits - Injury is limited to $100 per week payable upon receipts furnished by the Insured for such expenses attributable directly to such disablement to a maximum of $1,000.

What are the major exclusions imposed by the Insurer?

Below are some of the major policy exclusions, for a full list of all exclusions please refer to the complete policy document.

2. Intentional self-injury, suicide or any illegal or criminal act.
3. Results from pregnancy or childbirth, except unexpected medical complications or emergencies arising from pregnancy or childbirth.
4. Results from any pre-existing medical condition.
5. Results from or is a complication of infection with HIV or any variance including AIDS.
6. Training for or participating in professional sport (professional means someone whose primary source of income is from participating in that sport as declared in your tax return).

General Advice Warning

This information may be regarded as general advice. That is, your personal objectives, needs or financial situations were not taken into account when preparing this information.

Accordingly, you should consider the appropriateness of any general advice we have given you, having regard to your own objectives, financial situation and needs before acting on it. Where the information relates to a particular financial product, you should obtain and consider the relevant product disclosure statement before making any decision to purchase that financial product.

Product Disclosure Statement

Making a Claim

General Claims Procedure

This section is designed to provide assistance in procedures to be followed in the event of any incident that might give rise to a claim occurring under any of your insurance policies.

All claims (except where otherwise agreed and noted herein) are to be reported immediately to your State Pony Club Association, and an incident report form sent to them. Completed claims forms will then be forwarded from your State Office to the Australian Pony Club Council.

General

(Other than Motor, Transit, Workers' Compensation, Liability and Professional Risks Policies)

To enable the completion of the claim without delay and to minimise the possible damage or injury incurred, it is important that the following action be taken.

• All reasonable steps should be taken following an accident or loss to protect the property or person from any further damage or injury.
• Any incident which may give rise to a claim should be immediately reported to your State Pony Club Association and an Incident report form completed and lodged with the State Association. This will avoid any potential for denial of liability from Insurers alleging late notification.
• Any loss by theft and/or wilful or malicious damage should be immediately advised to the nearest Police station.
• Forward claim documentation including any supporting papers without delay to your State Association, which will then be forwarded to the APCC.
• See attached for specific advice in relation to claims for Public Liability, Associations Liability and Personal Accident.

Public/Products Liability - Claims Procedure

Under NO circumstances must liability be admitted either verbally or in writing

Upon the happening of any incident likely to give rise to a claim, the following points must be noted:

• All reasonable steps should be taken following an accident or loss to protect the person or property from any further injury.

• Contact your State Association to advise them of the incident. The State Association will send you an incident report form which must be completed promptly and returned to them together with originals of all correspondence received from a third party and accompanying accounts.

• No correspondence should be entered into with a third party except acknowledgment of receipt of the claim. The acknowledgment letter should read as follows:

"Without Prejudice" we acknowledge receipt of your correspondence concerning an incident at .............................

This is receiving our attention.

• Do not give any interview or make any statement to a Loss Assessor or other person investigating any accident or damage unless such person is acting on behalf of your Insurer or Principal.

Loss Assessor Role

Insurers will appoint a loss assessor to handle the matter. It is in order to follow the advice of the appointed Assessor and to deal through them regarding the claim.

Brokers Role

Aon Risk Services will maintain a close liaison with the APCC, assessors and lawyers to ensure that delays are minimised and that negotiations progress to expedient and satisfactory conclusions.

Claim Forms

• Insurance Claim Form
• Incident Report Form

Please contact your local State Pony Club Association for the relevant claim form.

Association Liability Insurance - Claims Procedures

(This Policy is written on a Claims Made Basis as described on Page 7)

Any incident which may give rise to a claim must be immediately reported to your State Association:

Following the occurrence of any circumstance of which the insured becomes aware that may later give rise to a claim or claims.

Claim Forms

Please contact your local State Pony Club Association for the relevant claim form.

Personal Accident – Claims Procedures

Any accident where a member or voluntary worker is injured, should be reported your State Association.

In the event that Loss of Wages or Medical Expenses are to be claimed a completed claim form must be completed and returned to the your State Association along with:-

• Proof of Income (if claim is for loss of earnings) i.e. last two pay slips, a letter from your accountant/pay master or a copy of your last tax assessment notice.
• Any non-Medicare accounts (accounts which are Medicare claimable are NOT covered under
  this policy including the Medicare Gap).

Once the completed claim form is received by Aon, we will manage the claim and liase with the Insurer on your behalf.

Claim Forms

Please contact your local State Pony Club Association for the relevant claim form.

Contact Details

Pony Club Association of Western Australia
State Equestrian Centre
Cathedral Avenue
BRIGADOON WA 6056

Ph: 08 9296 1500
E-Mail: office@pcawa.com

Pony Club Association of South Australia
73 Wakefield Street
ADELAIDE SA 5000

Ph: 08 8232 5922
E-Mail: pcasa@chariot.net.au

Pony Club Association of Victoria
P O Box 2025
NORTH BRIGHTON VIC 3186

Ph: 03 9596 4778
E-Mail: pcav@vicnet.net.au

Pony Club Association of Tasmania
P O Box 9
HAGLEY TAS 7292

Ph: 03 6339 6237

Pony Club As