2012 Umpire Insurance Review

The NCAA baseball season is gearing up, and high school ball is just around the corner. It is time to remember to carry liability insurance! Below is a review of policies currently available from different organizations:

NASO Insurance
Cost: $97.00 annually included in membership fee
General Liability: $3,000,000 per occurrence with a $4,000,000 aggregate, with NO deductible
Errors and Omissions: $50,000 per occurrence
Heart or Circulatory Malfunction Death Benefit: $5,000
Assault Protection: up to $3,000 in attorney fees on a 60/40 basis (you pay the 40% until the plan has paid out $3,000).
Game-fee-replacement insurance: up to $100 for each game lost within 21 days after an assault injury up to $500 total.
Accident medical plan: None
For an additional fee NASO provides Optional Game Fee Loss Insurance for injuries not related to assault. This plan pays up to $1,000 to $2,000 depending on the plan selected.
Covers ALL sports official activities (baseball, softball, soccer, basketball, etc) and all levels

ABUA Insurance
Cost: $45.00 annually included in membership fee
General liability: $1 million per occurrence, 3 times/year, $1,000 deductible
Errors and Omissions: None
Heart and Circulatory Malfunction Death Benefit: None
Assault Protection: None
Accident medical plan: $100,000 accident medical plan, $1,000 deductible
Game-fee-replacement insurance: $2,000 maximum benefit, $100/wk for maximum of 20 weeks with one week deductible
Covers while working any level of amateur baseball AND softball

USSSA Insurance
Cost: included in registration fee
General liability: $2,000,000 per occurrence with a no aggregate and legal defense fees included with no deductible
Errors and Omissions: None
Heart and Circulatory Malfunction Death Benefit: None
Assault Protection: None
Accident medical plan: $20,000 per occurrence with $500 deductible
Game-fee-replacement insurance: None
Covers while working USSSA sanctioned events with USSSA registered teams.

NFHS Insurance
Cost:
General liability: $1,000,000 per occurrence and no aggregate limit
Errors and Omissions: None
Heart and Circulatory Malfunction Death Benefit: None
Assault Protection: None
Medical Benefit:  $50,000 with $250 deductible
Maximum Dental Limit Included in Medical Max
Heart & Circulatory Maximum Benefit $2,500
Physical Therapy/Chiropractic – per visit $50 with maximum payout of $2,000 per injury
Outpatient Prescriptions – Maximum per Injury $1,000
Accidental Death & Dismemberment Benefit $2,500
Sexual Abuse & Molestation – Each Occurrence $1,000,000
Sexual Abuse & Molestation – Aggregate $2,000,000
Participant Legal Liability $1,000,000

Game-fee-replacement insurance: NoneCovers all officials currently registered with a member state association, or with an affiliate of the NFHS (if that association registers officials and if that association registers for NFHS insurance benefits).

2011 Umpire Insurance Review

Its time to once again consider insurance for the upcoming season. Umpire insurance is neither exciting or fun to think about, but having adequate coverage is very important. Any umpire who has been around for a few years has seen a serious injury to a player or an umpire. If you don't already have insurance through your association, consider purchasing one of these policies.

2010 Umpire Insurance Review

Well, it’s that time again. My first college games are approaching soon, as is the high school baseball season. Time to start thinking about insurance for the year. Last year I reviewed insurance policies from NASO, ABUA, ASA, USSSA, and NFHS. Not much has changed (insurance is rarely exciting), but here it is for 2010:

NASO Insurance
Cost: $97.00 annually included in membership fee
General Liability: $3,000,000 per occurrence with a $4,000,000 aggregate
Errors and Omissions: $50,000 per occurrence
Heart or Circulatory Malfunction Death Benefit: $5,000
Assault Protection: up to $3,000 in attorney fees on a 60/40 basis (you pay the 40% until the plan has paid out $3,000).
Game-fee-replacement insurance: up to $100 for each game lost within 21 days after an assault injury up to $500 total.
Accident medical plan: None
For an additional fee NASO provides Optional Game Fee Loss Insurance for injuries not related to assault. This plan pays up to $1,000 to $2,000 depending on the plan selected. Covers all sports official activities

ABUA Insurance
Cost: $45.00 annually included in membership fee
General liability: $1,000,000 limit
Errors and Omissions: None
Heart and Circulatory Malfunction Death Benefit: None
Assault Protection: None
Accident medical plan: $100,000
Game-fee-replacement insurance: $2,000 maximum benefit
Covers while working any level of amateur baseball AND softball

ASA Insurance
Cost: included in registration fee
General liability: $5,000,000 per occurrence with a $8,000,000 aggregate
Errors and Omissions: None
Heart and Circulatory Malfunction Death Benefit: None
Assault Protection: None
Accident medical plan: $100,000 with $100 deductible, $2,000 accidental death, $4,000 accidental dismemberment
Game-fee-replacement insurance: $2,000 maximum benefit
Covers while working ASA contests

USSSA Insurance
Cost: included in registration fee
General liability: $2,000,000 per occurrence with a no aggregate and legal defense fees included with no deductible
Errors and Omissions: None
Heart and Circulatory Malfunction Death Benefit: None
Assault Protection: None
Accident medical plan: $20,000 per occurrence with $500 deductible
Game-fee-replacement insurance: None
Covers while working USSSA sanctioned events with USSSA registered teams.

NFHS Insurance
Cost:
General liability: $1,000,000 per occurrence and $5,000,000 Aggregate
Errors and Omissions: None
Heart and Circulatory Malfunction Death Benefit: None
Assault Protection: None
Accident medical plan: $50,000 Accident Medical/Dental Limit per injury with a $250 Deductible per injury; $2,500 Accidental Death & Dismemberment Benefit
Game-fee-replacement insurance: None
Covers officials currently registered with a member state association, or with an affiliate of the NFHS (if that association registers officials), in order to be eligible for the NFHS Officials Association insurance benefit.

Hey Blue, is it O.K. if I sit on this bucket?

At some levels and ballparks coaches think it is their birthright to sit on a bucket outside the dugout. Frankly, it is exhausting telling coaches and players to “get inside” over, and over, and over. . . Some of us even have a good sadistic chuckle when a foul ball sends a coach or player flying.

On April 18, 2005, Cason McInturff, a high school junior, was sitting with his assistant coach on a bucket outside his dugout when he was hit by a foul ball in the head. According to the lawsuit he filed, the impact resulted in “right parietal skull fracture, frontal lobe contusion, intraparenchymal hemorrhage and an epidural hematoma.” McInturff sued his high school, the Tennessee Secondary School Athletic Association (TSSAA), and the game umpires and asked for $3,000,000. McInturff claims that the defendants failed to enforce rules prohibiting anyone from being outside of the dugout during play, and failing to take “proper procedures to protect players such as Cason from unnecessary and foreseeable risks of injury.”

In December the Tennessee Court of Appeals upheld the trial court’s decision to dismiss the TSSAA from the case because it found that the umpires are not “agents” of the TSSAA, but instead are independent contractors. In other words, the court found that TSSAA is not responsible for the actions of the umpires. The umpires are on their own.

In other cases the courts have found that players and even spectators assume the risk of injury at athletic events. It will be interesting to see if the umpires are held liable for McInturff’s injuries.

The moral of this story is that it is not O.K. to sit outside the dugout – it is not only against the rules, it is a safety rule.

The Importance of Being Earnest (in your Pre-Game Equipment Checks)

Many leagues require umpires to conduct pre-game equipment checks. Umpires that disregard this mandate do so at their own peril. A recent verdict from a Montana jury has significantly changed the playing field, and we are sure to see rules directing increased vigilance in the near future:

A Montana jury has found the maker of Louisville Slugger bats failed to adequately warn about the dangers its product can pose.

Hillerich and Bradsby has been ordered to pay $850,000 to the family of 18-year-old Brandon Patch. The teenager was killed during a 2003 baseball game after being struck in the head by a batted ball off an aluminum bat while pitching during an American Legion game in Helena, MT.

The jury found H&B liable, and the bat was legal! Now consider what would have happened if the bat was illegal? My guess is that the umpires would have been defendants in the litigation. Therefore, it is very important to conduct those pre-game checks.

Here are a few things to remember when inspecting bats:

First, know the standards. Each rule book describes a legal and an illegal bat. For instance, the NFHS has adopted a new rule for 2010 that all non-wood bats must meet the Batted Ball Coefficient of Restitution (BBCOR) performance standard, which is also the standard used by the National Collegiate Athletic Association (NCAA). Non-wood bats must also be labeled with a rectangular certification mark “a minimum of a half-inch on each side and located on the barrel of the bat in any contrasting color.”

Second, look for signs of tampering. Three methods are the most popular: rolling, shaving and end-loading. Bats rolled through a rolling machine compress the composites and stretch the fibers in the bat to improve the bat's trampoline effect when the ball hits it. Bat shaving involves removing the end cap and thinning out the inner walls of the bat. This also enhances the trampoline effect. Endloading is adding additional weight to the end cap providing increased power and distance.

The ASA has published a guide on doctored bats. Some things to look for include:

• tooling marks from the lathe jaws;
• screwdriver marks around the endcap;
• poor endcap fit;
• excessive adhesive around the endcap; and
• hole in the knob

Third, look for things out of the ordinary in the dugout. Bat warmers have become very popular in recent years. The NFHS has stated that heating a bat changes the structure of the bat and, pursuant to Rule 1-3-5, a heated bat is considered to be an altered (and illegal) bat.

If you see signs of tampering, remove the bat from the game! As umpire, you are the final arbiter of illegal equipment. No number of home runs, scholarships, or championships is worth one serious injury, so when in doubt, throw it out!

For more information about Brandon Patch, the lawsuit, and a tragedy that we all hope is never repeated, go to http://www.forever11.com/

Umpire Insurance Comparison

Yesterday's post got me to thinking about the different insurance policies advertised for umpires. Most of these policies are benefits for joining an organization or registering as a sports official. Here are a few:

NASO Insurance
Cost: $94.00 annually included in membership fee
General Liability: $3,000,000 per occurrence with a $4,000,000 aggregate
Errors and Omissions: $50,000 per occurrence (as an umpire or assigner)
Heart or Circulatory Malfunction Death Benefit: $5,000
Assault Protection: up to $3,000 in attorney fees on a 60/40 basis (you pay the 40% until the plan has paid out $3,000).
Game-fee-replacement insurance: up to $100 for each game lost within 21 days after the injury up to $500 total.
Accident medical plan: None
For an additional fee NASO provides Optional Game Fee Loss Insurance for injuries not related to assault. This plan pays up to $1,000 to $2,000 depending on the plan selected.Covers all sports official activities

ABUA Insurance
Cost: $45.00 annually included in membership fee
General liability: $1,000,000 limit
Errors and Omissions: None
Heart and Circulatory Malfunction Death Benefit: None
Assault Protection: None
Accident medical plan: $100,000
Game-fee-replacement insurance: $2,000 maximum benefit
Covers while working any level of amateur baseball AND softball

ASA Insurance
Cost: included in registration fee
General liability: $5,000,000 per occurrence with a $8,000,000 aggregate
Errors and Omissions: None
Heart and Circulatory Malfunction Death Benefit: None
Assault Protection: None
Accident medical plan: $100,000 with $100 deductible, $2,000 accidental death, $4,000 accidental dismemberment
Game-fee-replacement insurance: $2,000 maximum benefit
Covers while working ASA contests

USSSA Insurance
Cost: included in registration fee
General liability: $2,000,000 per occurrence with a no aggregate and legal defense fees included
Errors and Omissions: None
Heart and Circulatory Malfunction Death Benefit: None
Assault Protection: None
Accident medical plan: $20,000 per occurrence with $500 deductible
Game-fee-replacement insurance: None
Covers while working USSSA sanctioned events with USSSA registered teams.

NFHS Insurance
Cost:
General liability: $1,000,000 per occurrence and $5,000,000 Aggregate
Errors and Omissions: None
Heart and Circulatory Malfunction Death Benefit: None
Assault Protection: None
Accident medical plan: $50,000 Accident Medical/Dental Limit per injury with a $500 Deductible per injury; $2,500 Accidental Death & Dismemberment Benefit
Game-fee-replacement insurance: None
Covers officials currently registered with a member state association, or with an affiliate of the NFHS (if that association registers officials), in order to be eligible for the NFHS Officials Association insurance benefit.

So is that clear as mud?

Umpire Liability: Should You be Concerned?

Every year players are hurt on the ball field. Sometimes the injury is unavoidable. In 1976 Steve Yeager of the Los Angeles Dodgers was standing on deck when a shattered bat hit him in the neck and pierced his esophagus. Sometimes the player assumes the risk of injury. Pete Reiser crashing into an outfield wall chasing a fly ball comes to mind. Sometimes the injury is avoidable and results from another’s negligence.

It is this third category that we worry about as umpires. The court system has seen its share of lawsuits against umpires. In his special report for the National Association of Sports Officials, entitled Limited Liability for Sports Officials, Steven Ellinger states:

“Negligence claims can arise based on an official’s failure to: inspect the playing field; control the game; keep the playing area free of equipment and spectators; stop a game because of inclement weather conditions; inspect equipment; protect and warn participants[.]”

Courts have been reluctant to assign any legal liability to umpires for player injuries unless the umpire acted in a reckless or intentional manner. In most cases the dangers are open and obvious and the athlete is said to “assume the risk” of participating under those conditions (such as a muddy field, or in some cases when lightning is present). Some states have enacted legislation to provide protection to sports officials from acts of negligence.

While umpires have generally escaped liability for their acts of simple negligence, the costs involved in a lawsuit are considerable. Even if called as a witness, your time and involvement in court and during depositions, etc. can be extensive. So who pays for the defense of the lawsuit when little Johnny is injured? As an independent contractor it is your responsibility to pay for your defense. The “American Rule” is that each party pays its own legal fees. That means you will either pay for a lawyer out of your own pocket or you had better have insurance. Homeowner’s insurance will likely not cover this type of action. Often association insurance will not pay anything, or a reduced rate, for attorney fees.

The best way to protect yourself from liability is to maintain liability insurance and take your responsibility to protect the players seriously. When in doubt, err on the side of safety. The old saying goes, “an ounce of prevention is worth a pound of cure.” Steven Ellinger suggests:

“Sports officials can help to protect themselves from possible litigation by following the checklist below:

1. Inspecting the playing surface and adjacent areas for hazards prior to the game.
2. Determining if weather conditions are appropriate for beginning or continuing the game.
3. Inspecting game equipment prior to and during the game.
4. Inspecting players’ equipment for safety and compliance with game rules prior to the game.
5. Controlling the game and properly enforcing playing rules.”

As an umpire I suggest that during every pre-game meeting you tell the coaches that “we are going to have good sportsmanship and a safe game.” With that, ask whether the teams are properly equipped. Even though the Fed rules require it, many umpires fail to ask this simple question. Especially for softball, tell the coaches to have their players remove all jewelry. It is easy to imagine a lawsuit from an injury resulting from illegal equipment. Go over the ground rules and pay special attention to any area that may be a safety issue. Inform coaches that they are to have “buckets and bodies” in the dugout. Sure they don’t like it, but if the coach or player is seriously injured from a foul ball, the plaintiff’s lawyer will want to know why you allowed such a dangerous condition to exist on your field.

By emphasizing safety you set the tone for later penalties for unsportsmanlike conduct infractions and encourage the cooperation from the participants. Many game management issues can be handled under the pretense of safety, for instance: policing equipment, keeping gates closed, or delaying or suspending games for weather. Emphasizing safety may be the difference between spending time on the field or in the courtroom.

Further reading:
Limited Liability for Sports Officials, by Steven Ellinger

STEPPING IN TO STEP OUT OF LIABILITY: THE PROPER STANDARD OF LIABILITY FOR REFEREES IN FORESEEABLE JUDGMENT-CALL SITUATIONS, by Michael Mayer, Journal of Sports Law & Contemporary Problems

Official's Legal Liability, Arizona Football Officials Association