Pandemic serves a liability problem for tennis clubs

Insurance policies with no virus coverage could leave volunteers vulnerable

Premier Doug Ford’s unexpected announcement that they can open left clubs and the city scrambling to come up with safety plans

Agap in insurance coverage for community tennis clubs has many such volunteer-run organizations keeping their doors shut nearly three weeks after getting the green light to reopen from the provincial government — and some questioning the viability of their season at all. With tennis among the sports at the forefront of the return- aa to-play movement in Ontario, experts warn other volunteer- ee run sports organization could r be facing a similar threat, personal liability for club officials, should a person contract COVID- 19 while playing at or for VV their organization. t “Community clubs are run by volunteers … these are ordinary people and they do it because they love tennis and the thought that somebody might … take you to court means, ‘Oh my god, how am I going to de- mm fend this because I’m not cov- f ered by the insurance policy to even put up legal fees, which ee could range up to $75,000 and plus,’ ” said Jeannette Loakman, president of Tennis Toronto, the largest regional committee of the Ontario Tennis Association, and Sir Winston Churchill Park Tennis Club, located just east of St. Clair Avenue West and Bathurst St. “They don’t feel secure that these individuals board members, these people that are volunteering their time for nothing, that your house could be at risk because you are on the board.” Community tennis clubs are non-for-profit organizations which act as stewards of city wwc ourts, collecting relatively small membership fees in order to maintain courts, employ attendants or tennis pros and organize programming and social events, depending on the size of ee the club. t About 67 community clubs exist in Toronto, which encompasses downtown, Scarborough and North York, and represent an option for players in between the city-owned public courts in Trinity Bellwoods, Ramsden and Stanley Parks, which are accessible to anyone ww at any time, and the exclusive a private clubs in the city, which generally operate year-round on club-owned land. Some clubs have lobbied the City of Toronto to have them indemnified against COVID-19 claims. The city said its staff has been in direct contact with clubs to answer questions and concerns, but some have chosen to delay their opening. “Tennis clubs are third-party organizations permitting city facilities, and as a condition of the permit they are required to sign a declaration agreeing to comply with and implement measures in the guidelines approved by Toronto Public Health,” a spokesperson for the city said in an email to the Star. “Some clubs have expressed concerns about their insurance coverage in light of these new guidelines.” Permit holders were expecting city-owned facilities to be closed through at least June 28 as detailed in a letter from the City of Toronto dated April 6, when Premier Doug Ford an- ww nounced on May 14 that tennis courts could reopen the following Tuesday along with golf courses, marinas and other recreational facilities. The unexpected announcement left clubs and the city scrambling to come up with safe return-to-play plans, said Dianne Weatherby, a stalwart in Toronto’s tennis community as president of the Charlottetown Tennis Club in Scarborough for 14 years. Clubs received a six-page document titled “Guidelines for Tennis Community Clubs dur- TT ing COVID-19 from the city” days after Ford’s announcement, citing a number of ways to reduce the risk of respiratory infections like COVID-19. Players are encouraged to bring their own balls that are distinct tt from their opponents and are f only allowed to participate in singles matches, among other recommendations. Among the guidelines for facilities, clubhouses must be closed except for washrooms and check-in, online or phone reservations and payment is recommended, a and create schedules and main- a tain an up-to-date list of members, including contact information, in case someone develops COVID-19. The guidelines also stated that, “It is the responsibility of tt the community tennis club to t provide and ensure all the guidelines and requirements gg for maintaining a safe facility f are provided and adhered to.” That’s not new. When community clubs are giving their permits, they’re in charge of the facility and so they have to have their liability for the court, said Loakman. But COVID-19 is new and, community clubs have learned, generally excluded from insurance policies. That includes di rectors and officers coverage, which would normally cover in- ww dividual board members, in this case volunteers, if they are sued specifically by a member who was, for example, injured while ww playing. “The directors and officers themselves feel exposed by not having this coverage in case someone sues us in the event that they feel they got a case of COVID-19 from the club and they want to blame a director or officer,” said Loakman. Erin Durant, a litigation lawyer in Ottawa who also handles yy sports disputes and safe sports investigations, said most insurance companies are taking the position that coverage for the coronavirus is excluded under the terms of the insurance pol- tt icy. “That causes issues for especially volunteer organizations that don’t have a lot of assets because in the event of a lawsuit, if there’s no insurance coverage, the organization will have to pay out of pocket for the legal fees to defend the lawsuit as well as the amount of any settlement or judgment,” she said. “In cases where the organization may not be solvent and have the assets to cover that, that’s when lawyers try to get creative to try to get other assets and try to hold individual officers and directors liable.”