Coverage:

For details of the Insurance coverage in place as a member of the Ontario Square & Round Dance Federation and the Canadian Square & Round Dance Society please see and follow the following links for:

• Details of the Statement of Insurance Coverage or Certificate of Insurance
• Information on:
  

  Third Party Liability Insurance;
  Directors & Officers Liability Insurance Coverage;
  What to Do in Event of an Accident;
  Frequestly Asked Questions; HIRD
  Format for Club Membership List
  New Dancers & Their Coverage
  Membership & Insurance Coverage - Response to Questions & Concerns

Note:  The Policy does not now cover normal wear and tear of floor only sudden or accidental damage, Property Insurance (Office Equipment for a Club or Organization), or Hired Auto coverage. "Sudden and Accidental refers to an action which occurs without prior knowledge of that action occurring" (dragging of chairs, tables, furniture, etc. over floors is not sudden or accidental.) Cloggers should inform the owners of the facility they are dancing in that they are wearing taps on their shoes, particularly if it is a wooden floor.* Please read the CSRDS web site on floor care. (Nov. 25, 2002).*

Introduction
1. Third party liability insurance has been a part of the square and round dance movement for many years, starting first in clubs, then in associations, and finally in federations and the national Society. It paralleled the growth pattern of the activity. Like it or not, it is an essential part of the square and round dance movement. 

2. Since we live and operate in a society where consumer and corporate legal rights exist, it is essential business practice to obtain protection in the form of commercial liability insurance. The cost is remarkably low considering the scope of the protection obtained, typically under $1 per year per person. Typically as well, the membership fee is included in the membership dues of a club, association, federation, or the Society. For reasons of security and peace of mind, every individual or organization in the movement should obtain this protection. In particular, persons in positions of responsibility in clubs, associations, federations, or the Society should have third party liability insurance as they are the most at risk. 

What is Third Party Liability Insurance?
3. If there is a "third party", it would seem reasonable that there must be a first and second party. There is. The first party is us, the dancers or dance organizations that make up the movement. We are called the "insured". The second party is the insuring company, which most likely is referred to as the "insurer". 

 4. "Third party" means someone else outside the our dancing organization or the insurance company. Typically, it is the corporate or individual owner of a hall or a building which we rent for dancing. It could also mean someone or some organization we deal with to buy something, or obtain some service from, or provide some service to. 

 5. As well we have "cross liability" included in our insurance policies so that someone within the square and round dance movement can take legal action against someone else within the movement. 

 6. One important point when considering the third party liability insurance is that it is business insurance, and usually our insurance policies are standard commercial business policies. At first glance, it may appear that we do not fit easily into this type of insurance, but we do. What is our business? Our business is dancing. We tend to treat it as a hobby or recreation, but take the viewpoint that we dance for money and that we spend a lot of time practising (weekly dances) in order to perform publicly (demos) to sell our product (dancing for fun, health, recreation, etc). 

The Insurance Policy
7. Although each policy may appear different, in actual fact policies are very similar. The standard words used to describe this type of insurance are "commercial general liability insurance", although the words "business insurance" and "commercial insurance" are used as well. 

 8. There is one big important note here. It is not like health insurance or accident insurance where you collect if something happens. Again it is third party liability insurance. Payment is only made when legal liability has been proven, and usually this is as a result of a legal action. 

 9. One of the first important facts about the insurance is the limit of the liability. Please see the current Insurance Certificate for current details of coverage.

10. Deductibles are what you have to pay first in the case of an insurance claim. Please see the current Insurance Certificate for current details of coverage.

11. Automobiles - not included - see the current Insurance Certificate for current details of coverage.
     Property Insurance (Office Equipment) for equipment owned by member Clubs or organizations is not included as of January 1, 2004.

Who is Protected?
12. The words "named insured" are used to describe who is insured. In 1986 some standard wording was introduced by the Society and since that time the named insured wording has been similar. The format is: 

• The organization (e.g. Society, Federation, Association, etc.), its directors, members, employees; and/or,
• All member organizations (federations, associations, etc.), their directors, members, and employees; and/or,
• All member Clubs, their directors, members, and employees; and/or,
• All member callers, cuers, leaders, instructors; and/or,
• All dancers who are members.

What About New Dancers?
All new dancers starting involvement in the activity in the period January 1 to June 30th are to pay Society (CSRDS) membership fees. This is because they benefit from the Society programs for the year.

New dancers who begin involvement in the activity after June 30th with clubs who are members of the Society are deemed to be members of the Society until the end of that calendar year. If the club is not a member of the Society during this period the new dancers are not covered by the Third Party Liability Insurance Coverage.

New dancers who begin involvement in the activity after June 30th should become members of the Society through their clubs for the next calendar year.

13. Note how many times the word "member" is used above. "Member" has a specific meaning of legally belonging to. The state of membership is usually associated with the paying of some fee, and it is usual as well to have membership time dated. That means a fee must be paid daily, weekly, monthly, etc. When the fee has been paid and all other conditions of membership met, the term "member in good standing" is usually applied. The reason for this close monitoring of membership is, for example, someone who danced in a club ten years ago and is no longer a member would not be covered. This is an extension of the limiting aspect again. Insurance companies want to know who is insured, and in taking out insurance, organizations have to state how many members are being insured. 

Establishing Membership
14. We need is to establish two facts in the case of any action that involves insurance: 

1. Establish if the person was a member of the Federation at the time of the accident or incident;
2. Establish that the accident or incident occurred while the person was engaged in the activity covered by the insurance.

16. The first questions that will be asked by the Federation to a club executive will be to get the answers to the questions in paragraph 14. And it must be a clear straight answer. The only way to establish that is by keeping good records. 

What to do in the Event of an Accident 
17. In the event of an accident or incident, members should render first aid and assistance as considered practical in the situation. If warranted, emergency services should be contacted. Immediately, or at the first available opportunity, have the incident reported directly to Susan Fedyck (contact information on Statement of Insurance Coverage) and a copy to the Director responsible for Membership (T.M Mallard, 222 Stillwater Dr, Saskatoon SK, S7J 4A4. (306) 374-5250, E-Mail sqduck@aol.com) Notification should also be given by phone to the person handling the membership duties of the Federation. It should be followed up in writing providing the details of the accident or incident as follows: 

a.  Time of the incident; 
b.  Location or place of incident; 
c.  Description of incident with all relevant details; 
d.  Name(s) and address(es) of any injured person(s); and 
e.  Names and addresses of all available witnesses. 
(Make notes of the incident to assists in any resulting inquiry. Try to answer "who", "where", "what", "when", "why", and "how".)

a) provide prompt notification to the Federation's membership person of demands, notices, summonses, or legal papers received in connection with the claim or action; 
b) authorize for the insurance company to obtain necessary records and information; and, 
c) cooperate with the investigation and assist with the settlement.

What to Expect in a Legal Process
20. The legal process is called "litigation" and although it sounds complicated, it is usually straight forward. We are lucky that square and round dancing is a safe activity. We have had national and provincial insurance in place since 1978, and have had very few cases that involved insurance. However, there have been around 30 cases, such as: 

• Walking into a glass window;
• Falling off a ladder while decorating a hall;
• Falling off a float in a parade; and,
• Slipping and falling while dancing.

22. The legal process is sure, but slow. Someone claims that someone else is responsible for something and demands damages. Both sides hire lawyers. Most of the time an out of court settlement is made as this is the quickest method for all concerned. There have been cases in square dancing when the insurer paid for some minor breakage rather that go through the legal proceedings. For a large claim, there will be a "discovery" prior to any trial when evidence is given and each side weighs its chances. Settlements often occur here. If no settlement is reached, the case goes to trial. It takes at least one year for even minor cases to go to court. If there are appeals, then it drags on and on. If you follow Supreme Court decisions, they are usually giving a judgement on something that occurred five or more years ago. 

23. Legal fees are also a consideration here. Lawyers bill by the hour, and $300 to $500 per hour is not unusual. However, if you have liability insurance, then the insuring company covers all the costs. It still takes time, but at least someone else pays the bills. 

Frequently Asked Questions About Insurance

Why do I need insurance protection?
Accidents happen. You need insurance today to protect yourself in the event you are the cause of an accident. We spill a cup of coffee and someone slips. We sit on someone's glasses. We drop the caller's record player. We are not "lawsuit happy" in Canada, but we do have lawsuits from time to time, and we need to protect ourselves. The Federation's policy offers that protection. 

Who is the most at risk?
Club executives, callers, cuers, and leaders are the most at risk. If anything goes wrong, they are the first to get blamed. 

How much do I get if I break a leg?
The short answer is nothing. It is not like health insurance. It is third party liability protection insurance and only comes into effect when you are sued by someone. Payments are only made as the result of a legal decision. If you break a leg, and you think it is the fault of someone, you must take legal action to collect damages. 

Can I sue another club member?
The policy has a provision called "cross liability", which means that each member is treated as though a separate policy was in place. Members can sue members. It makes no difference whether the member is an individual or an organization. 

What is a dancing related activity?
Anything that is done during the course of dancing is a dancing related activity. Dancing during regular club dances, or dancing at open dances are the most common examples. However, it may also be demonstration dancing in a mall, dancing for seniors in a health care facility, dancing on a float in a parade, decorating a hall for a dance, participating in a club barbecue or picnic, preparing dance flyers, taking tickets at the door, preparing coffee in the kitchen, sweeping the floor, carrying in equipment, blowing up balloons, etc. 

What happens if I am sued by another dancer?
If you are named in a lawsuit, you would notify the club executive, who in turn would notify the Federation's membership administrator, who would notify the insurance company. The insurance company assumes your defence, and if the case is lost, it pays the damages and legal costs. Right or wrong, the insurance company is on your side to fight your battles. That is called peace of mind. And it costs less than a cup of coffee for a whole year. 

What is meant by "Operations" in the Insurance Policy?
The policy is a standard third party liability protection policy. It is business insurance. Our business is dancing. Dancing is treated just like we were running a store, or a restaurant, or selling cars, etc. For example, dancing is the basic operation in clubs. But related operations are taking tickets, serving refreshments, holding executive meetings, putting out or picking up chairs and tables, holding a Christmas party, etc. 

Am I covered if I dance in the States?
The insurance policy provides World-wide protection. The only stipulation is that law suits must be brought against you in Canada. So if you are dancing in Arizona, for example, and you are responsible for an accident and are sued, the suit must be laid in Canada. This is common to liability protection insurance around the World. 

Is food poisoning covered?
Serving refreshments is part of our standard operations. If you are sued by someone because of food poisoning, the insurance protection under the policy is in effect. 

Do we have many insurance claims?
We do not have "claims" as such. We have settlements as the result of some legal action. Since 1978 in Canada, we have had only a dozen or so insurance involved accidents. The most serious of these was an unfortunate accident involving a dancer who was cut badly when she walked into a glass partition next to a door. We don't have many, and that is why our premiums are so low. What is a "named insured"?  "Named insured" is a buzz word in the insurance industry. It is used to establish who is covered and who is not. For the Federation, the named insured are: 

• The Ontario Square and Round Dance Federation, its directors, members, and employees, and/or;
• All member regional associations or equivalent organizations, their directors, members, and employees, and/or;
• All member incorporated or non-incorporated clubs, their directors, members, and employees, and/or;
• All member callers, leaders, instructors, or cuers, and/or;
• All dancers who are members.

Membership dues are for the calendar year, and must be received before January 1 to become effective on January 1. Ensure by December 1 that you send in your dues to your local association or if you do not have a local association, to the Federation. 

Since 2002, the Federation has participated in the Canadian Square & Round Dance Soceity's  additional insurance coverage for Director's and Officers' Liability Insurance.  This covers all member executives and officers of the Federation Board of Directors, Associations' and their member Clubs.  They are insured against legal action taken against them for "wrongful acts".  Wrongful acts are generally errors, misstatements or misleading statements, acts or omissions, neglect or breach of duty, and other matters relating to the position of director or officer.  The insurance policy is intended to protect the financial assets of the individual directors and officers if not indemnified, and subsequent to indemnification, the financial assets of the corporation.

This liability insurance on a Claims Made basis.  This means the policy responds only to claims first made against the directors or officers during the policy period and reported to the insurer during the policy period.  It does not provide coverage for bodily injury or property damage, libel and slander, nor income security.

Disclaimer - Information Sheets

Issued September 1995 
Updated: August, 2001 & December, 2002, November, 2003, December, 2003, Dec. 2004