George,
I am completely on board with that - health insurance is for the individual
or government to deal with (whatever! ). My only concern in this
venue is OBRA's liability as it pertains to suits based on medical claims.
As to the enforceability of releases... the law is one thing, the jury is
another. My company is very legally active and you would not believe who
sues and what for - or maybe you would! Something needs to change, but until
that time I'm willing to contribute a bit more to OBRA to help shoulder the
burden.
G
-----Original Message-----
From: GEORGE SCHRECK [mailto:gschreckchat@hughes.net]
Sent: December 12, 2006 8:58 AM
To: gmalcolm@professionalcredit.com; obra@list.obra.org
Subject: Re: [OBRA Chat] Insurance Costs
Actually, you are not completely correct.
In Oregon, the releases are enforceable, even in cases of negligence.
Second, we are not talking about getting rid of insurance. We are
talking about not allowing claims where OBRA is not liable either
because of no negligence or a release. That will reduce most of the
claims and reduce the cost of insurance. This policy should be a
liability policy and not a health insurance policy for those too
irresponsible to carry insurance.
----Original Message----
From: gmalcolm@professionalcredit.com
Date: 12/12/2006 8:34 AM
To:
Subj: Re: [OBRA Chat] Insurance Costs
Tell me if I'm wrong... but I think there are three problems (others
may
follow) with relying solely on the OBRA release.
1. If OBRA, or an agent of OBRA (i.e. promoter, landowner) is
negligent or
partially negligent in some underlying safety factor then forget it!
An
example might be a flagger leaving their corner early. It might
happen, I've
seen it happen and if OBRA didn't have insurance to cover expenses
after a
resulting wreck they'd be crazy!
2. There's the cost/benefit analysis by the insurance company... going
to
court is expensive, and potentially losing millions because jurors
make a
decision in favor of the plaintiff is not a benefit to the board
meeting
minutes at Mega-Corp Insurers LTD. Settling for less than potential
court
losses is what these folks pay actuarials for - and they are very well
paid
:-) Counsel for accident victims know this game well, as do the
insurance
companies so coverage reflects these settlement costs as a business
necessity.
3. Some racers don't pay, sign in or see a release. These folks can
sue at
whim... and given their obvious investment and responsibility it's
only a
matter of time. This is probably the biggest reason they should
be
blackballed from further involvement in OBRA activities without pity.
All in all OBRA has to carry coverage based on the potential that the
waver
will be challenged (successfully or not), and it's the smart thing to
do.
Gary Malcolm
-----Original Message-----
From: David Oliphant [mailto:ehdo@comcast.net]
Sent: December 12, 2006 8:19 AM
To: Chris; David Marsh; obra@list.obra.org
Subject: Re: [OBRA Chat] Insurance Costs
I would agree with Mr. Marsh's opinion.. . it's like if you join a
health club and hurt yourself. . . . the club isn't responsible you
are
and I hope the OBRA releases are iron clad and even then someone would
likely, sooner or later, challenge that. .
----- Original Message -----
From: "Chris"
To: "David Marsh" ;
Sent: Tuesday, December 12, 2006 3:22 AM
Subject: Re: [OBRA Chat] Insurance Costs
>I think there should be a kind of community charge that we can all
chip
> into. It will encourage more to race and invite more competition.
>
>
>
> ----- Original Message -----
> From: "David Marsh"
> To:
> Sent: Sunday, December 10, 2006 9:43 AM
> Subject: Re: [OBRA Chat] Insurance Costs
>
>
>> There is no doubt that cycling is an expensive sport. We CHOOSE to
>> participate in a race or not. I say require proof of insurance or
offer
>> a
>> limited racing policy. The costs of personal health insurance
should be
>> passed on to the individual riders who CHOOSE not to insure
themselves.
>> I refuse to get into the politics of health insurance and
government
>> here,
>> Acknowledge your own personal responsibilty and pay for it
yourself, or
>> don't race.
>> I agree that OBRA and other organizations should carry insurance to
>> protect against negligence, etc., but where the individual rider is
>> responsible for mangaging the costs of the INHERENT risks
associated with
>> the sport, they should take care of it themselves.
>> For those of you who are uninsured, Please be OK with paying for a
one
>> day
>> policy when you CHOOSE to race, or forget buying those new race
wheels,
>> or
>> your daily latte and go out and purchase insurance.
>> _______________________________________________
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>> obra@list.obra.org
>> http://list.obra.org/mailman/listinfo/obra
>> Unsubscribe: obra-unsubscribe@list.obra.org
>>
>
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