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2010
CFMA Insurance Policy Information Sheet
The insurance policy available
through CFMA is a group policy designed to cover general liability issues for
outdoor farmers market organizations. Many landlords require a policy
that includes the landlord as an additional insured party before
they allow markets to be set up on their property. This policy includes that
coverage. The current CFMA policy is a group policy carried by a national insurance
company, Capitol Indemnity Corporation, through a local agent, Taggart Insurance
of Boulder. A general liability policy only covers claims arising from personal
injury or property damage. The CFMA group policy has the following general terms:
| Commercial General Liability Coverage: | general aggregate limit | Total liability limit of $3,000,000 per year |
|
|
each occurrence limit |
Total liability limit of $2,000,000 per occurance |
|
fire damage to rented premises |
$100,000 |
|
|
medical expense limit |
$5,000 per person |
|
|
personal & adv. injury |
$1,000,000 |
|
|
products and completed ops |
included | |
|
(products sold by the market, not the vendors) |
|
Generally, this policy covers personal injury and property damage caused by
market-owned or operated activities, but does not
cover vendor-owned equipment or vendor products. For example a market-owned
canopy blowing over and damaging a car or
hurting a person would be covered by the general liability policy. A canopy
owned by a market participant is not covered.
The policy also covers damages that may be due to the actions of an owner,
partner, manager, employee, volunteer or board
member, but only as far as the specific jobs they do for the market operation,
and only for general liability, that is claims
involving personal injury or property damage. Activities of contractors are
not covered. Employee injuries, unemployment
claims, employment practices and “non-market special events” are
not covered. Terrorism coverage has been waived.
Individual market sellers and their employees are not covered for claims related
to their products, equipment malfunctions or any
damage they may cause while at the market.
An incident reported at a market will be investigated by the insurance company’s
adjuster. The medical expense provision
provides coverage for medical expenses only following an incident, when no
claim has been made. Claims will be evaluated by
the insurance company for applicability when a claim is made. Any insured market
may request a copy of the entire insurance
policy from CFMA. You are encouraged to read it and ask questions to be sure
you understand its limitations.
The policy covers one specific market physical site. If a market operates at
different locations, say on different days of the
week, then separate and additional payments must be made and separate certificates
will be issued. If a market operates at one
location on more than one day each week, then only one payment is required,
and one certificate will be issued.
Each individual market policy certificate may have “additional insureds” listed.
This is usually the landlord or property
manager. Market owners, managers and employees are already covered by the policy
and will not be listed as additional
insureds. As a group policy, there is a limit to the total number of additional
insureds we can list, and our premium is based on
an estimate of the number of additional insured as well as the total gross
receipts of the participating markets. Each market is
allowed two additional insureds at no extra cost. If your lease requires more
than two additional insureds to be listed, and the
policy limit has been reached, you may be charged $100 per listing in excess
of two. Some landlords require additional terms
that may increase the cost. You will pay for these extras.
It is very important to understand that this policy covers only market-owned
activities and equipment, and does not cover any
risk, damages or claims that may arise from participants or sellers at a member
market. The policy is for outdoor farmers’
markets, and does not generally cover special events like petting zoos or other
events sponsored by the market. To be a covered
event or activity, the market manager or owner must be supervising and controlling
the event, not just sponsoring it. The policy
does not cover most office-related issues. The CFMA policy may not be extended
to cover individuals, their farms or
businesses. Any damages caused by uncovered or non-market owned activities
must be resolved by the involved seller or other
participant. As a manager or owner of a market you should inform participants
of this limitation, and you should work to
reduce potential risks at your market. We encourage you to require that your
vendors carry their own liability insurance. Sellers
and other participants should contact their own insurance carrier for individual
insurance coverage they may seek. CFMA offers
guidelines on market safety. Read and use them.
This information sheet is provided for general knowledge use only. Actual policy
provisions are contained in the policy.
Check it and/or contact CFMA and ask CFMA staff to request clarification from
the agent for specific questions.
2-9-10rev