AFL memo to clubs and leagues
Please find attached and below some information around insurance under the Marsh Program which has just been finalised.
Please note the below is not to be construed as legal advice. If legal advice is required, Leagues/Clubs should engage their own independent legal representative
Public Liability insurance and COVID-19
Understandably, community football members and volunteers are concerned about insurance cover for legal liability potentially arising in relation to dealing with the risks and consequences of COVID-19. However the reality is their insurance cover under the AFL Community Public Liability policy for COVID-19 events is currently the same as the insurance cover for legal liability for any other event in connection with their community football roles and/or operations that is not specifically excluded from coverage.
In general terms, so long as the clubs, members and volunteers are acting within the scope of their duties/operations, are acting reasonably and not wilfully, maliciously, criminally etc, then the public liability policy, subject to its other terms and conditions, should extend to provide insurance cover to the club, member or volunteer for any resulting legal liability. However, determination of cover for a particular claim can only be made once the precise allegations and circumstances are known to the insurer.
In addition, it should be noted that where a claim is made against a club, member and/or volunteer, in circumstances where the club, member and/or volunteer have acted reasonably to prevent injury (including taking all reasonable steps in complying with the advice, recommendations and/or protocols of Governments and other statutory bodies), they will have a strong defence to the claim. Please see the attached flyer from the AFL’s Insurance Broker, Marsh for further details on the insurance cover and preventative action in relation to COVID-19.
Personal Accident insurance and COVID-19
The Personal Accident cover that players and volunteers have the benefit of under the Collective Insurance Program does not provide, and never has provided, any cover for sickness or illness and this includes COVID-19. Players and volunteers may have access to benefits or reimbursement of medical expenses for illness (including COVID-19) events through Medicare, Private Health, Life insurance (generally provided through a superannuation fund) and/or Ambulance membership.
Should any Community football body or member have any concerns or questions in relation to coverage under the AFL Community National Risk Protection Program, they are strongly recommended to contact the Marsh Sport team direct on 1300 130 373 or via firstname.lastname@example.org