JANUARY 2014 PROTECTING YOUR FUTURE BROKERS AND ADVISORS / SPECIALISTS IN RISK MANAGEMENT / INCORPORATING APEX FUNDING LIMITED

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1 Comprehensive Liability Insurance Policies This Liability Cover package applies to BikeNZ, Cycling New Zealand, Mountain Bike New Zealand, BMX New Zealand, New Zealand Schools Cycling Association and all other associated and affiliated organisations. JANUARY 201 PROTECTING YOUR FUTURE A Level 3, Honeywell House, 26 Mt Eden Road, Auckland 102 P PO Box 7-088, Greenlane, Auckland 156 T (09) FREE F (09) E enquiries@apexinsurance.co.nz BROKERS AND ADVISORS / SPECIALISTS IN RISK MANAGEMENT / INCORPORATING APEX FUNDING LIMITED

2 The Liability package includes six different liability insurance products; Public Liability (General Liability) Associations Liability Statutory Liability Professional Indemnity Employers Liability and Legal Prosecution Defence Costs All references to BikeNZ in this document refer to the Association, specifically including Cycling New Zealand, Mountain Bike New Zealand, BMX New Zealand, New Zealand Schools Cycling Association and all other associated and affiliated organisations. BikeNZ and affiliated organisations, including all technical personnel, coaching and development personnel, event personnel, administrators, directors and volunteers whilst performing activities for and on behalf of BikeNZ Incorporated and all affiliated organisations activities and events. BikeNZ has partnered with Apex General Limited to work together in providing pro-active advice and insurance solutions for all BikeNZ members and affiliates by association. Apex General Limited (Apex) is a specialist insurance broker and risk advisor to the sports, entertainment and leisure industries. Apex General Limited (Apex) is one of New Zealand s largest, privately owned insurance brokerages and risk advisors. We have several market leading specialist brokers in different industry classes. We are specialists in Sports and have a number of Sports Clubs, Associations and Governing bodies as our clients. For more information please refer to our website: 2

3 CONFIDENTIALITY This document contains information that is confidential to: Apex General Limited and BIKENZ Accordingly, we trust you will understand that the information is given in confidence and may not be reproduced in any form or communicated to any other person, firm, company or in particular any Insurance Consultant/Broker without the prior approval of Apex General Limited. Contents Service Team & Claim Procedure... Overview of Covers...5 Certificate of Currency...9 3

4 APEX SERVICE TEAM & CLAIMS PROCEDURE Should you have any specific queries regarding the scope and extent of your cover, please contact one of your APEX SERVICE TEAM: General Queries Darrin Madgwick Commercial Manager DDI (09) Mob Claims Queries Adrienne Foster Senior Claims Handler DDI: (09) Claims Procedures It is important that you notify us of any claim or potential claim or circumstance that may give rise to a claim under your various policies. It is your responsibility to notify these circumstances to us. Failure to adhere to notification requirements, particularly timing, as set out in the policy or other coverage document, may entitle insurers to deny your claim. In presenting a claim it is your responsibility to disclose all facts which are material to the claim. Prior to contacting our Claims team you should follow the general procedure below in the event of a claim arising. General Procedure In respect of all claims the following conditions must be complied with to ensure your claim is not compromised by your actions or inaction following the loss: A. Immediately notify the loss to Apex General Limited. If the loss is of a serious nature e.g. a major fire, after hours contacts are shown in the Introduction. If the loss is minor, a claim form by fax or in the post within a few days of the loss will suffice in lieu of phone advice. B. Prevent further damage and seek to minimise the loss as much as is physically and/or economically viable. In other words, take all temporary preventative and remedial action that you would take if you were not insured against the loss. C. Do not proceed with permanent repairs or replacement of lost or damaged property until authorised by your Insurers or by Apex General Limited. D. Do not dispose of damaged property unless authorised by your Insurers or by Apex General Limited. E. Do not admit liability where you are involved in an accident with another party. F. Complete a claim form and forward it together with supporting documents, e.g. repair estimates or invoices, Police Complaint Acknowledgement forms in cases of theft or vandalism, as soon as possible to: adriennef@apexinsurance.co.nz

5 Overview of Covers Who is Insured: BikeNZ and affiliated organisations, including all technical personnel, coaching and development personnel, event personnel, administrators, directors and volunteers whilst performing activities for and on behalf of BikeNZ Incorporated and all affiliated organisations activities and events. Liability Package Cover is provided by Sportscover. All claims for Liability Package cover will incur an Excess and the claimant /BikeNZ affiliate will be responsible for meeting the cost of that Claim Excess which is detailed under each class of insurance. Period of Cover pm 31/12/13 to pm 31/12/1 Public Liability (General Liability) A Public Liability (General Liabililty) policy provides covers for third party property damage or bodily injury to persons The cover arranged for BikeNZ has specific extensions to include liability for costs arising under Section 1 of the Forest & Rural Fires Act This cover has a limit of indemnity of $1,000,000. If the access areas are off road and require access to forestry areas or green areas, authorities will look for this extension of cover within the policy. It is important to note that the Public Liability (General Liability) policy excludes Personal Injury or Property Damage arising out of the use of any motor vehicle which is required to be registered for road use. This is on the basis that any motor vehicle used during an event would be required to be covered under the owner s motor vehicle insurance policy (third party liability). Trail Maintenance & Construction These activities extend to include minor construction and cutting, paving and metalling work on leased third party land. Any work such as structures, or which requires a building consent, or involves work which is sub-contracted to a third party is not covered under the policy and proof of the third parties liability coverage should be requested at this point. Event Organisation Cover is provided for any legal liability that arises in connection with an organised event so long as the liability is incurred whilst complying with any relevant and appropriate event related guidelines that would apply to an event of that nature. In the absence of such guidelines the event organiser must undertake a duty of care that would be considered reasonable for an event of that nature. The cover is extended to any event related personnel, assigned tasks in the course of organising or running an event. Statutory Liability This policy covers the legal defence costs, fines and penalties when facing prosecution following an unintentional breach of almost any New Zealand law / statute with the exception of Health and Safety in Employment convictions and criminal proceedings. The important advantage of having a Statutory Liability policy is that it can finance access to some of the country s leading legal defence lawyers and can pay for: Legal defence costs and expenses Legally allowable fines Infringement fees, court costs, witness expenses and other parties solicitors costs awarded against you in court Reparation awards following conviction under the HSE legislation Formal enquiries by regulatory bodies Proceedings before a Human Rights or Privacy Complaints Review Tribunal Employers Liability This policy seeks to fill the gap between ACC and Health and Safety in Employment related protection under a Statutory Liability policy. This includes cover for bodily injury that are not covered by ACC, such as mental anguish and emotional stress. Associations Liability This policy provides insurance protection similar to Directors and Officers liability which a limited liability company might purchase to protect themselves against being held personally liable for responsibilities that a Director may have under common law. This policy protects persons engaged in the association, BikeNZ against any wrongful act that they may be personally held liable for whilst undertaking their normal duties. The policy would pay on behalf of the Person the costs of damages, judgements, settlements, including claimants costs awarded against the insured persons defending, investigating or monitoring any claim where no indemnity is received from the association for a Wrongful Act. Alternatively the association is covered for the costs to indemnify and Insured Person in respect of claims for Wrongful Acts, and also provides cover for the costs of claims against the association 5

6 arising from a Wrongful Act which constitutes a breach of professional duty. The policy also extends to provide Legal Defence Costs cover for defending an alleged offence or infringement under any statute arising from the organising, running and management of sporting competitions and events. This cover is limited to $250,000 in the aggregate each policy period. Legal Prosecution Defence Costs This policy provides cover for the defence costs arising out of any Prosecution arising our of the organising, running, and management of BikeNZ competitions and events. The cover provided is to a maximum liability of $250,000 per policy period. For the purpose of this summary, a Prosecution is defined as: Any alleged offence or infringement under any statute and includes any allegation of sexual misconduct. Professional Indemnity Professional indemnity (PI) insurance provides cover against claims made against them by their past or present client. Professional Indemnity, also referred to as PI insurance, covers the costs and legal defense costs, as well as any damages payable. PI insurance generally indemnifies the insured for a claim that is first made while the policy is in force as a result of a breach of professional duty in respect of the conduct of the professional business. This class of insurance is written on a claims-made basis. This means that the policy provides cover for claims made during the period of insurance in respect of professional services provided after the retroactive date, subject to the terms and conditions of the policy in place at the time. The retroactive date will be specified in the policy schedule. All PI insurance policies will have a limit of indemnity and a deductible or excess. The limit of indemnity is the maximum amount that the insurer will pay for any one claim. The deductible applies for each claim such that the amount of each claim up to the deductible must be paid by the insured. Professionals are legally held to a higher degree of skill than other people and could be considered experts in their industry. Therefore, if a client without this expert knowledge, suffers a loss that could be attributed to an experts failure to uphold professional standards, the expert risks being sued for a breach of their professional duty. A client s loss can be material, financial or physical. 6

7 Insurer Ratings Insurance Companies (Ratings and Inspections) Act 199 In accordance with the Insurance Companies (Ratings and Inspections) Act 199, Insurers ratings are as follows: COMPANY RATING RATING AGENCY DATE Lloyds of London A+ Standard & Poor s 01/12/2011 STANDARD & POOR S AM BEST AAA Extremely Strong A++ Superior AA+ Very strong A+ Superior AA Very strong A Excellent AA- Very strong A- Excellent A+ Strong B++ Very Good A Strong B+ Very Good A- Strong B Adequate BBB+ Good B- Adequate BBB Good C++ Fair BBB- Good C+ Fair BB+ Marginal C Marginal BB Marginal C- Marginal BB- Marginal D Very Vulnerable B+ Weak E Under Supervision B Weak F In Receivership CCC Very Weak 7

8 BikeNZ Affilate Club Comprehensive Liability Insurance Package Checklist General Liability Cover $5,000,000 Association Liability Cover $2,000,000 Note Sports Legal Defence Cover $250,000 Employers Liability Cover $250,000 Statutory Liability Cover $250,000 Professional Indemnity $1,000,000 Cover for liability for costs (up to $1,000,000) arising under Section 1 of the Forest & Rural Fires Act 1977 (including Trail Maintenance & Construction) Cover is provided for any legal liability that arises in connection with an organised event Cover for Club events where there are riders who are BikeNZ members Cover for Club events where there are riders who ARE NOT BikeNZ members Cover for Club events or activities where participants (e.g. Marshalls) are non-club members or volunteers not associated with the Club Activities/Situations the Liability Package DOES NOT include Cover for Personal Injury or Property Damage arising out of the use of any motor vehicle which is required to be registered for road use. Club Property (like bike racks etc...) Damage to Riders bikes whilst in an event or being transported to an event on Club Property (eg a Bike Rack). The responsibility for any damage caused by a vehicle is the responsibility of the vehicle owner 7 they should have vehicle insurance (at least 3rd party) Club property should be separately 7 insured Insuring bikes/riders property is the responsibility of the rider 7 8

9 Certificate of Currency This certificate confirms that the under mentioned policy is effective in accordance with the details shown. CERTIFICATE NO. ASLIAB-BNZ Name of Insured: Business: Bike NZ Incorporated. Including affiliated organisations, technical personnel, accredited coaches, and development personnel, event personnel, administrators, directors and volunteers whilst performing activities for and on behalf of BikeNZ Incorporated and all affiliated organisations activities and events. National sports administrator, associated and affiliated clubs including but not limited to trail maintenance and construction of tracks on leased third party land. Period of Insurance: 31/12/2013 to.00pm 31/12/201 Public Liability: Professional Indemnity: Management Liability: Limit of Indemnity - NZ$5,000,000 Excess - NZ$5,000 each and every loss Territorial Scope - New Zealand Sublimits: 1. Care Custody and Control - NZ$50, Forest and Rural Fires Act - NZ$1,000, Punative and Exemplary Damages - NZ$250,000 Limit of Liability - NZ$1,000,000 any one occurrence and in the aggregate Excess - NZ$1,000 each and every Loss Territorial Scope - New Zealand Retroactive Date - 31st December 2012 Limit of Liability - NZ$2,000,000 any one occurrence and in the aggregate Territorial Scope - New Zealand Sublimits: 1. Office Bearers LiabilitY NZ$2,000,000 Excess NZ$2, Association Reimbursement NZ$1,000,000 Excess NZ$2, Employers Liability NZ$500,000 Excess NZ$1,000. Employment Practices Liability NZ$250,000 Excess NZ$5, Employee Dishonesty NZ$100,000 Excess NZ$10, Statutory Liability NZ$250,000 Excess NZ$ Loss of Documents NZ$500,000 Excess NZ$1, Public Relations NZ$25,000 Excess NZ$1, Crisis Loss NZ$25,000 Excess NZ$1, Registration Decisions NZ$20,000 Excess NZ$1,000 Retroactive date - 31st December 2005 Underwriter: Sportscover Syndicate 333 at Lloyd s - 100% Policy Number: PMEL99/00920 Interested Parties: Nil Advised For full terms, conditions and exclusions please refer to Your Policy Wording Association Liability Wording May 2012 YOA Manager Date 31/12/2013