Is car pooling to club-sanctioned events covered by our liability insurance?

Question: Is there any coverage in the Probus Canada policies (CGL or D&O) that could come into play in addition to or in excess of a primary car insurance policy if a claim is made by a passenger member against a driver member in the event of an accident on the way to/from a club-sanctioned event?

Answer:

1. Commercial General Liability (CGL) Coverage:

• The CGL policy primarily covers third-party claims for bodily injury, property damage, or personal injury resulting from the activities of the Probus Club. However, it does not typically cover claims arising directly from automobile accidents, as auto accidents are generally handled by the driver’s own auto insurance policy.
• If a passenger member were to bring a claim against the driver member for injuries sustained in an accident during travel to/from a club-sanctioned event, the driver’s personal auto insurance would be the primary coverage.
• The CGL policy could potentially come into play if the Probus Club itself were named in a lawsuit related to the accident— for example, if the club were accused of negligence in relation to the event (such as improper event coordination, etc.). However, in a typical passenger-claim situation related to a driver’s negligence, the CGL policy would not be the first line of coverage.

2. Directors & Officers (D&O) Liability Coverage:

• The D&O policy covers the Probus Club's directors and officers for claims related to their decisions and actions while managing the organization. It is unlikely that the D&O policy would come into play in a passenger’s claim against a driver unless there were allegations that the directors or officers of the club were personally responsible for some aspect of the event that contributed to the accident.
• This type of coverage would typically be more relevant to decisions made by the club’s leadership, such as governance or organizational issues. It would not typically cover personal injury claims stemming from an auto accident.

3. Defending the Driver or the Club:

• In the event of a lawsuit, if the Probus Club were named as a defendant, the CGL policy could cover defense costs related to the suit (if it’s related to the club’s activities). However, any defense or liability costs related to the driver’s own negligence in the accident would not be covered under the CGL or D&O policies. The driver’s own auto insurance policy would be responsible for both the defense and any bodily injury or damage claims related to the accident.

In summary, the Probus CGL and D&O policies are unlikely to offer coverage beyond what’s provided by the driver's own auto insurance policy in the case of a passenger claiming injuries from an accident while traveling to/from a club-sanctioned event. The CGL policy could potentially provide coverage if the Probus Club itself were held liable, but this would depend on the specifics of the situation and the nature of the claim.