Golf insurance invalidated??

[cloudshouter]

At my Club it is a condition of membership that we take out specialist golf liability insurance, I don't necessarily have a problem with that.
However, a respected firm of golf architects conducted a survey of the course about 10 years ago and they highlighted areas of very significant risk and danger to golfers on the course and the public of it. This report hasn't been widely circulated and may have been partly suppressed to the membership. No steps have been taken to address the risks highlighted.

A view please. Would my personal liability insurance be invalidated if the insurance company, GolfPlan in this case, if the contents of this report had not been made known to them? How should I, as a responsible and loyal member of the Club, proceed.

 

[drdel]

If the known risks have not been mitigated the insurer will have grounds to wriggle!

Write to Club for formal answer.

 

[Thexindi]

If the known risks have not been mitigated the insurer will have grounds to wriggle!

Write to Club for formal answer.

No matter what kind of insurance it is you need direct answers, Id try to get some

 

[HomerJSimpson]

It's something you need to address directly with the club but I'd have thought there would be a potential loophole there for insurers to use

 

[cloudshouter]

Thanks for the replies, guys. I shall persue this with the Club first, and Insurance Company second. Sorry for the late response, just come back from Castletown Links on the Isle of Man.....totally classic.
While I've been away, another thought crossed my mind. If the Club was promoting GolfPlan in this way, it seems likely a commission/ finders fee or whatever would likely be paid to someone on an annual basis? Is this how it works?
Thanks again.

 

[duncan mackie]

There are a while load of issues here.

Starting with the most basic ones
Were an incident to occur and a claim result; a court would apportion blame and contribution taking into account all of the information available. Depending on the circumstances and their relationship to report you reference, there may be a case for finding the club significantly responsible - even more so than the player hitting he ball!

If the case involved yourself things could get very complicated and would definitely include your knowledge of this report (your posts here auggeat its quitw detailed and would probably find their way into any case papers) and it's contents in a way that wouldn't apply to someone who wasn't aware at all (and all situation between). If you are aware of a danger and go ahead anyway you are in a different position to someone who isn't aware. This would have a significantly greater impact on your PI cover than the club's situation you reference. You might want to look at papers around the case of the golfer loosing an eye a couple of years ago where exactly the situation you reference would seem to have applied (things can become complicated by cases being taken out against parties who have assets or insurance rather than those who might be considered at blame).
I can't comment constructively on the disclosure requirements and or agency for general insurance policies but suspect it's completely irrelevant to the other points you raise.

 

[williamalex1]

After a recent claim at my club , a Health and Safety study/report was carried out and published.

 

[duncan mackie]

After a recent claim at my club , a Health and Safety study/report was carried out and published.

That will probably be because the ruling highlighted the absence of one! In such a situation if something else happened and they still hadn't got one....
However, doing one is the easy bit.

 

[cloudshouter]

Absolutely! The cost consequence of fixing my Course was £750,000 back in 2005/6. I can see why the architect's report might have been consigned to a (very) dark corner.