Sports liability insurance
In general, the obligation of insurance is a practice established by the legislator and the public authorities in order to protect third parties against the risks induced by potentially dangerous activities.
The practice of different sports can also have dramatic consequences and this is why the law obliges all associations, leagues, federations and sports groups which prepare and / or organize sports events or competitions, to insure themselves against the financial consequences of their civil liability.
Legislative references related to the obligation of insurance;
Who are the people subject to compulsory insurance;
What is the insurance obligation;
What are the penalties for lack of insurance;
What are the main legislative and regulatory provisions in the sports sector that deal with this compulsory insurance?
1. Legislative references related to compulsory insurance.
Ordinance 95-07 of January 25, 1995 relating to insurance, amended and supplemented
Art. 172. All associations, leagues, federations and sports groups having as their object the preparation and organization of all sports events or competitions, are required to insure for the financial consequences of their civil liability vis-à-vis third parties.
This insurance should also benefit athletes, players, coaches, managers and technical staff for any bodily injury suffered during training sessions and competitions, as well as during travel related to sports activities.
Art. 173. In matters of civil liability insurance referred to in Articles 163 to 172 above, the guarantee taken out must be sufficient to cover both bodily injury and material damage.
In addition, the insurance contract must not provide for any revocation enforceable against the victims or their beneficiaries.
Art. 184. Failure to subscribe to the obligation of the insurance provided for in articles 163 to 172 and 174 above is punishable by a fine, the amount of which varies between 5,000 DA and 100,000 DA. This fine must be paid without prejudice to the subscription of the insurance in question.
The proceeds of the fine are collected as in direct taxes and transferred to the benefit of the Public Treasury.
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2. Who are the people subject to compulsory insurance?
Sports associations, leagues, federations and groups whose activity is the preparation and organization of all kinds of sports events or competitions.
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3. What does the insurance obligation relate to?
The insurance obligation covers the pecuniary consequences of the civil liability of associations, leagues, federations and sports groups vis-à-vis third parties.
It is extended to cover bodily injury that athletes, players, coaches, managers and technical staff may suffer during training sessions and competitions or during travel related to sports activities.
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4. What are the penalties for lack of insurance?
Under the provisions of Article 184 of Ordinance 95-07 as amended and supplemented, those subject to the above obligation risk a fine of an amount varying from 5,000 to 100,000 DA in the event of default of insurance.
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5. What are the main legislative and regulatory provisions in the sports sector that deal with this compulsory insurance?
Law n ° 04-10 of August 14, 2004 relating to physical education and sports (OJ 52 of August 18, 2004).
Art. 27. “The elite and high level athlete benefits
insurance covering the risks he incurs before and during the competition and the practice of sporting activities
Art. 51. The national sports federation has the performance of a public service mission ... To this end, it exercises in particular the following missions ...
the compulsory subscription of insurance policies covering the risks to which its members are exposed ...
Art. 103. Any organizer of sports events and competitions is punished with a fine of 500,000 to 1,000,000 DA, if he does not take out special insurance for the coverage of risks incurred in the context of organized sports activities.
In the event of a repeat offense, the fine is doubled.
The dissolution of the structure can, in this case, be pronounced in accordance with article 9 (paragraph 5) of the penal code.
Art. 104. Any operator of an infrastructure hosting physical and sporting activities who does not take out specific insurance to cover risks in the context of organized sporting activities is punished in accordance with the legislation in force.
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