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OHA Insurance Information
by SCHS
OHA Insurance Policy – Important Details!
Bus Tours and Non-Members
- Participants do not need to be members of a society.
- Non-members do not have protection under the OHA insurance policy.
- Damages caused by a non-member would have to be paid for by the individual or covered under their ownpersonal liability policy.
- Societies may make a rule that only members can take part in an event.
- OHA purchases a Commercial General Liability policy, (CGL) that protects the Society its Directors and Officers, Members and Volunteers, (while acting on behalf of the OHA or a member society), should they cause Bodily Injury or Property Damage to a Third Party and be held responsible for those damages.
Liability and Garden Tours
- Any loss caused by the premises of a homeowner is insured under their home policy even if the homeowner is a member of a society. A homeowner should take all necessary steps to eliminate any possible exposure to perils that may cause a loss.
- Making the homeowner a member of the society does not provide them with premises liability
insurance coverage under the OHA policy.
- If a loss is caused by a person (member) acting on behalf of a society they will have protection under the OHA policy.
- A society should refuse a homeowner should they find the home is not suitable.
Junior Members & Liability Insurance
- Article 38 (1) of the Agricultural and Horticultural Organizations Act allows societies to accept anyone as a member with voting rights restricted to those 18years of age or over.
- Societies wishing to have junior members must incorporate the classification in their bylaws and/or charter and charge a fee for the membership of $1.00 or $2.00 per year.
- The junior membership must designate the age group for this class, which should not start at less than age 6 and preferably age 8 years to age 17 years.
- Family rates may include the membership fee for individuals under age 18. The names and ages of those under the family plan should be kept in the Society records.
- Those under age 18 to be insured by the policy must be full members of their local society and not aseparate entity. Example: Agincourt Horticultural Society cannot setup a separate society called “Agincourt Youth Horticultural Society” as this society would not be insured unless it became a full member of the Ontario Horticultural Association.
Non-members attending Society Events
- Non-members attending events such as Canada Blooms, Walking Tours & Garden Shows: hosted by the society: The OHA insurance policy covers: “Bodily Injury or Property Damage to a Third Party, caused by an insured person”. An insured person is “The Society, its Officers & Directors, and its Members” NON MEMBERS DO NOT HAVE PROTECTION UNDER THIS POLICY.
- Societies can hold functions and have non-members attend, however, should a non- member cause “Bodily Injury or Property Damage to a Third Party” they will have no protection under the society’s policy. They must carry their own liability policy! This can be attached to a homeowner’s policy, tenants insurance policy or purchased on its own.
- Should the society, or a member of the society, be sued by a non-member attending a society function the member/society will be protected under the society’s policy.
Definition of Terms:
Bodily Injury - Physical Injury to a person
Personal Injury - Claim arising out of False Arrest, Detention or Imprisonment, Liable or Slander,
Defamation of Character and Wrongful Entry or Eviction
Property Damage -Physical damage to tangent property
Named Insured - Directors, Officers, Members, and Volunteers of the Ontario Horticultural Association
/Society - In Good Standing
Third Party -Any person other than the named insured
of a policy
The policy does not cover:
1) Damage to property owned by a society – tractor, chairs etc.
2) Injury to members – this is NOT a disability policy
3) Land owned by or in the control of a society
4) Intentional or Illegal Acts
5) Decisions by the Board of Directors that cause a financial loss to the society
(Note: Directors & Officers are covered under the Directors & Officers policy other than for a financial
loss.)
If your society requires any of the above protection they
must purchase a separate policy to cover the risk.
(2011-09-18) |
