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2008 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 Associates 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 :

each occurrence limit

Total liability limit of $2,000,000 per occurance

damage to rented premises

$100,000 fire

medical expense limit

$5,000 per person

personal & adv. injury

$1,000,000

general aggregate limit*

Total liability limit of $3,000,000 per year

products and completed ops
(products sold by the market, not the vendors)

included


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 and operated 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. Terrorist 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. Claims will be evaluated by the insurance company for applicability when a claim is made. You are encouraged to request a copy of the entire insurance policy from CFMA, 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 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. 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. CFMA offers guidelines on market safety. Read and use them.

The CFMA policy may not be extended to cover individuals, their farms or businesses, and is intended for outdoor farmers’ market locations and operations only. Sellers and other participants should contact their own insurance carrier for individual insurance coverage they may seek. CFMA can supply the name of at least one company that offers individual coverage to market sellers.

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.


2-10-08rev