QUESTION:
A local cricket club was playing a game of cricket. A player during the game hit a ball, it cleared the boundary and hit a neighbouring property, causing damage.
Under the Public Liability policy in place for the Cricket Club, who organised the match, there is a sporting activity endorsement which the insurer believes is sufficient to rule out any cover for the TP property damage. The endorsement reads as follows:
SPORTING ACTIVITY ENDORSEMENT: The Insurer shall not indemnify the Insured for any claim in respect of or alleging Personal Injury or Property Damage: 1. Participants arising out of the participation of any person in a Sporting Activity unless such Personal Injury or Property Damage is as a result of the Insured's negligence in regard to the course or facility provided for such Sporting Activity; "Sporting Activity" means: a competition, event, game, match, practice, race, training, trial or similar and including any warm up or warm down and other prior or post actions which are directly related thereto. 2. Alcohol and Drugs arising from the actions of any Insured who is under the influence of intoxicating liquor or drugs, except a drug taken in accordance with the advice of a registered Medical Person.
Given the events described is there any cover under the club's policy?
Crossley Gates replies:
The endorsement is an exclusion that only provides liability cover if the write back applies i.e. the third party property damage was as a result of the club's negligence in relation to the course or facility provided. It's not entirely clear what that is referring to.
Maybe it is referring to a situation where the choice of cricket pitch chosen is negligent in relation to the nearby property. If so, there will be cover if the club negligently chose a cricket pitch that was too close.
