Both instructors and students are covered by BSAC ' s Liability insurance in the BSAC policy for legal defence costs is unlimited and will far exceed any home insurance legal costs you may already have . It will also cover costs for any damages awarded by a court if you are found to be negligent , or any amount agreed by insurers in an out-of-court settlement .
By contrast , criminal charges are brought by the police or law enforcement body of a country . They differ in that there must be ‘ an intent ’ to harm or cause the death of a third party . This is where it gets technical . You can still claim on the BSAC policy for defending some criminal charges , but the cover only extends to certain categories . They are : manslaughter or corporate manslaughter ; culpable homicide and abuse , or equivalent charges . As with all the activities covered , it must be in relation to a BSAC diving or snorkelling related incident .
Some members are more open to lawsuits than others , so it will be of comfort to volunteers at every level that they are covered by BSAC ’ s . For example , Diving Officers have a level of responsibility that surpasses that of most individuals in a club , but they are still covered for any BSAC diving or snorkel related activity . Again , exceptions lie in intentional criminal acts , the exact nature of which is detailed in the policy .
What are you covered for ?
Valid coverage is always subject to diving within the bounds of your BSAC qualification , and that the event in question was a BSAC-related activity . Members are covered for the following :
■ If someone brings a civil claim for compensation against you for causing an injury / death / damage to property .
■ Legal defence costs if you face a criminal charge or civil claim for manslaughter , corporate manslaughter , culpable homicide or abuse .
■ Damage to the property of a member of the public , or a premises owner .
You are also covered for diving abroad on holiday , but again , be aware this is not travel insurance . Providing you are BSAC diving or snorkelling within your qualification limits , you are covered for Third Party Liability . However , there is a list of countries the cover does not extend to , including UK Sanctioned Countries , Iran , Syria , Crimea , Ukraine and Russia . North America ( USA ) and Canada are also excluded .
The liability coverage is extremely comprehensive in what it includes . For instance , clubs and members are covered for try dive nights , and you are covered for fundraising events as well . �
Disclaimer and further reading details
This article is intended purely as an introduction to BSAC ’ s liability insurance , but it is not a comprehensive guide to the cover , nor does it constitute a legal document in itself . Rather , we hope that we have dispelled a few myths about the insurance , its purpose and application . For a further exploration of the policy , BSAC members can contact Wendy Meadows wendym @ bsac . com
37