2005 US Youth Soccer Workshop and
Coaches Convention
Salt Lake City, Utah
The Top Ten Most Serious
Youth Soccer
Liability Claims
(…and What Caused Them)
1994 - 2004
Presented by:
John Spiotta
Bollinger Insurance
Tony Petruzzi
Gracechurch Associates
Claim Number 1
Cause:
Using Unauthorized Equipment, Disregard for Goal Safety and
Poor Judgment!
Date of Loss:
5/8/98
Description:
This claimant, a ten-year-old boy, was instructed by his coach to
move an extremely heavy “home made” soccer goal. The goal
tipped over and landed on the boy’s neck. He sustained a fracture
to his neck and was paralyzed. He is a quadriplegic and is
dependant on a respirator to breathe. The City (the field owner) had
commissioned the goal to be made by a local welder, and was
named as an additional insured at the time of the loss. The
Plaintiff’s attorney named numerous organizations and individuals
in the suit and it was apparent from the early stages that the carrier
would most likely pay policy limits on the claim. The Claimant’s
medical specials were well over a half million dollars. The claim
settled for $2,000,000 (which included policy limits on the GL policy
plus payment from the umbrella policy).
Claim Cost
Indemnity:
Expense:
$2,000,000.00 paid to claimant
$9,677.75 cost to defend claim
Total Paid:
$2,009,677.75
Claim Number 2
Cause:
Ignored the Zero Tolerance Rule
Date of Loss:
8/28/01
Description:
The Claimant, a 15-year-old female, alleged that her coach got her
intoxicated and sexually molested her. Authorities said the coach
took the girl to dinner while they were both away for a soccer
tournament, got her "extremely intoxicated," and had sex with her
at the hotel. The coach pleaded guilty to six counts of lewd and
lascivious conduct with a child and was sentenced to 52 months in
prison. A liability was filed against the league and the state soccer
association. Defense of the suit was hindered since the league had
done a background check on the coach previously that showed his
prior history of drug and alcohol abuse, as well as a history of
domestic violence. Despite this, the league allowed him to coach.
The claim settled for policy limits. The insurance company paid
$1,000,000 dollars, plus an additional $300,000 was paid by the
umbrella carrier.
Claim Cost
Indemnity:
Expense:
$1,300,000.00 paid to claimant
$74,849.00 cost to defend claim
Total Paid:
$1,374,849.00
Claim Number 3
Cause:
The Hidden Automobile Exposure
Date of Loss:
8/21/03
Description:
This claim was filed under the soccer association’s Hired & NonOwned Auto policy. The driver of a rental car, who was a coach
hired by the insured, made a left turn and hit a motorcyclist (the
claimant), severely injuring him. The Claimant was 28 at the time
of the incident. The reserve on the claim is currently $1,000,000
(the policy limit) and it looks like it will be paid in full. The driver of
the car was a British coach hired by the Insured who supplied him
with a rented auto. The Claimant’s injuries are severe and he can
demonstrate specials in the $2.5 million range. The outlook does
not look good, as there are no defenses at the carrier’s disposal.
The auto rental company is also a defendant.
Claim Cost
Indemnity:
Expense Paid:
$0.00
$20,327.21 cost to defend
Reserves
Indemnity:
Expense:
$1,000,000.00 projected payout to claimant
$14,672.79 projected additional cost to defend
Total Paid/Reserved: $1,035,000.00
Claim Number 4
Cause:
Over-Matched Participants in Contact Situations
Date of Loss:
10/6/03
Description:
The Claimant, a 13 year old female player, suffered a severe leg injury after
colliding with the goalkeeper as they both went for the ball. This occurred
during a scrimmage game. The goalkeeper, however, was an adult male
assistant coach who outweighed her by about 75 pounds.
The Claimant suffered a SALTER IV fractured femur in the accident. This is a
unique pediatric injury involving two fractures, one of which is at the growth
plate. The Claimant also has a leg length discrepancy that will likely worsen
over time and will require special shoes throughput her life. The screws in
her leg are permanent, which will likely lead to arthritis. She will require
multiple future surgeries, one of which is a total knee replacement. The
mediator indicated that this is one of the worst knee cases he has seen. The
Claimant also has a prominent scar, nearly half of which is keloid. Even after
scar revision, it is likely that the scar will be unsightly. The Claimant’s
medicals were in excess of $46,000 and future medicals are anticipated to be
approximately $285,000. This does not include pain and suffering. The
insurer was able to settle the claim at mediation for $537,500.
Claim Cost
Indemnity:
Expense:
$537,500 paid to claimant
$10,500 cost to defend claim
Total Paid:
$548,000
Claim Number 5
Cause:
Attractive Nuisances that Lead to Liability from Spectators
Date of Loss:
10/7/95
Description:
During a soccer game, a player’s little sister wandered
over to a nearby baseball field and climbed up the
backstop. Her mother, a spectator at the game, climbed
the backstop to get the little girl down. The backstop
toppled over and landed on the mother causing severe
back injuries. Suit was filed against the school district
that owned the backstop and the soccer league. While the
school district settled the claim against them for
$1.25 million, the soccer league was able to settle for
$100,000.
Claim Cost
Indemnity:
Expense:
$100,000.00 paid to claimant
$126,558.00 cost to defend claim
Total Paid:
$226,558.00
Claim Number 6
Cause:
Assuming Risks beyond just Soccer, Be Careful what you Sign
Date of Loss:
12/12/98
Description:
This claim involved a 10-year old boy who was riding his bike on school
property while his younger brother was playing soccer. The Claimant
rode down a ramp and ran into a chain that was stretched across the
bottom of the ramp to keep vehicles from driving up and onto the field.
The chain cut the Claimant’s throat and severed his vocal cords. He also
suffered lacerations to his head. The chain was the property of the
school. However, because of the lease agreement signed by the soccer
league making them responsible for the property while their activities
were taking place, the school was covered under the soccer association’s
insurance policy. The soccer association’s insurance company had to
defend the school. It was decided that since the ramp was in the
immediate area around the field and the the Claimant was there to watch
his brother play that the loss fell within the scope of “operations and
conduct of sports activity” as stated in the agreement. The Claimant’s
medical expenses totaled approximately $70,000. The claim was settled
for $200,000.
Claim Cost
Indemnity:
Expense:
$200,000.00 paid to claimant
$19,740.74 cost to defend claim
Total Paid:
$219,740.74
Claim Number 7
Cause:
Allowing Overly Aggressive Play
Date of Loss:
10/6/96
Description:
The Claimant, a youth player, alleged that during a game, several
players from the opposing team ganged up on him resulting in a
closed head injury that left him with memory loss and a personality
change. The other players denied there was any illegal play and
stated that they were just playing the game. Defense counsel felt
that the Claimant had a good case. The Claimant was treated for
nearly seven years and had medical bills that totaled over $100,000.
However, he was back playing high school soccer and also doing
very well academically. The Claimant’s demand was $1.9 million.
However, the claim was ultimately settled for $90,000.
Claim Cost
Indemnity:
Expense:
$90,000.00 paid to claimant
$89,881.70 cost to defend claim
Total Paid:
$179,881.70
Claim Number 8
Cause:
Careless driving of a Golf Cart
Date of Loss:
9/19/04
Description:
During a soccer tournament, the tournament director was driving
some spectators in a golf cart to another part of the field. The
claimant, a 51-year old woman, was at the tournament to watch her
grandson play in the match and walked directly in the path of the golf
cart. The driver yelled “watch out”, but the claimant did not hear her
and was hit by the golf cart. She broke her right fibula and was
transported to the hospital. From a previous surgery, the woman
had screws in the right tibia. The claim currently carries a reserve of
$115,000. We have seen many claims resulting from careless driving
or misuse of golf carts during soccer activities.
Claim Cost
Indemnity:
Paid:
$0.00
$1,329 to investigate claim to date
Reserves
Indemnity:
Expense:
$115,000 projected settlement cost
$17,171 anticipated additional defense expenses
Total Paid/Reserved: $133,500
Claim Number 9
Cause:
Unsecured Goal
Date of Loss:
6/2/02
Description:
An unsecured soccer goal tipped over onto a youth player’s leg,
fracturing her left femur. She sued the field owner (the owner of the
goal) who was an additional insured under the policy. The tricky part
of this claim was that the coach who was also the player’s father,
was responsible for securing the goal. The player is also suing the
state soccer association because of the coach’s negligence. The
claimant’s demand is $500,000. The carrier has tried unsuccessfully
to settle the claim. The insurance company is now trying to mediate
a settlement in order to preclude trial.
Claim Cost
Indemnity:
Paid:
$0.00
$16,391.74 cost to defend claim
Reserves
Indemnity:
Expense:
$125,000 anticipated settlement
$8,608.26 anticipated additional defense expenses
Total Paid/Reserved: $150,000
Claim Number 10
Cause:
Physical Abuse by a Coach
Date of Loss:
11/20/99
Description:
This claim involved a coach who was accused of
grabbing a league official by her wrist and twisting
her arm. The Claimant sustained injuries that
required multiple surgeries. She entered a demand
of $330,000, with over $35,000 in medical expenses.
The Claim was settled at mediation for $112,500.
Claim Cost
Indemnity:
Expense:
Total Paid:
$112,500 paid to claimant
$18,752 cost of defending claim
$131,252