The Diocesan master policy DOES NOT cover any independent contractor
who provides services for or performs work at your parish or
institution. Thus, any bodily injury or property damage caused
by these contractors must be covered by their own general liability
For your own protection and for the protection of the Diocese,
it is imperative that you deal only with reputable contractors
who are insured. Any company or individual you contract with
must be able to provide you with evidence of their general liability
insurance coverage, in an amount no less than $1,000,000
per occurrence, before a contract is awarded
or renewed. Each independent contractor must provide you with
of Insurance naming
(1) the "Bishop of Cleveland," (2) the "Roman
Catholic Diocese of Cleveland" and (3) your "parish/institution," as
ADDITIONAL INSUREDS. The phrase "additional
essential for a certificate to be acceptable. In addition, the
contractor or individual must also provide you with a copy of
a Certificate from the State of Ohio evidencing current Workers'
Compensation coverage. If any contractor or individual is unable
to furnish you with these two particular documents, they should
NOT be utilized. Click here for a sample "CERTIFICATE
OF GENERAL LIABILITY INSURANCE."
The Master insurance policy provides coverage only for the employees
and volunteers of a participating parish/institution. Please
note "volunteers" are defined as those who receive
NO COMPENSATION at all (neither
direct payment, stipends, earnings, tuition credits, gifts, etc.) for work or services performed
directly to you and for your benefit. Any other individual or
company is then defined as an independent contractor and must
provide evidence of their own general liability insurance with
the coverage limits and conditions described above.
You can use this "SAMPLE
LETTER OF REQUEST" to request a certificate
of insurance from an independent contractor. When you receive
the requested certificate (or a copy of their insurance policy)
, retain the original in this manual and send a copy of it
directly to D.I.S.C. by fax (216)
They will review it for any conditions or exclusions that could
limit or void coverage requirements.
Parish Festivals, Carnivals, and Events
Although parish carnivals, festivals, and similar events are
a source of fund raising, the large crowds, amusement rides,
games, and other carnival attractions generate a prime source
of bodily injury and property damage claims against the parishes
and Cleveland Diocese each year. It is essential for all parishes
and institutions who sponsor or otherwise permit such events
to occur on their premises to review and comply with the following
- All ride contractors MUST provide your location
with a completed Certificate of Insurance thirty (30) days prior
to being allowed on the premises. This certificate must list
the name and address of the insurance carrier(s), the applicable
policy number(s), their effective dates, and any unusual conditions
or exclusions. Their policy must provide comprehensive general
liability coverage in an amount no less than $1,000,000 combined
single limit, products liability, and completed operation liability.
(They must also provide you with a copy
of their certificate evidencing current coverage under the State
of Ohio Bureau of Workers' Compensation.)
- The liability certificate of insurance MUST name
the "Bishop of Cleveland," the "Roman
Catholic Diocese of Cleveland," and "(your
ADDITIONAL INSUREDS on the policy for the festival/event.
- No location should ever contract for children or
adult rides/attractions with any company who cannot furnish
the above-described insurance certificate containing the
required limits and conditions
- All municipal permits must be obtained prior to
allowing the festival/event to open
- All municipal/state inspections of rides, sanitation,
and food service operations must be completed prior to allowing
the festival/event to open.
- Copies of all insurance certificates must be faxed
to D.I.S.C. (216) 621-4755 for review and approval prior to allowing
the festival/event to open.
- If alcohol is served or sold, your location must
obtain the required State permit. Once the permit is issued,
liquor liability insurance must be obtained through the Diocesan
Property/Casualty Insurance Department.
- Security personnel must accompany all persons making
deposits of festival funds. Deposit times and routes should be
varied. Money counting areas must be secured with restricted
access only to authorized individuals.
- Certificates of insurance must be obtained from
all independent contractors, including but not limited to, the
- food purveyors
- fireworks display firms
- outside vendors renting booths/tents, providing
- security firms or personnel
- waste hauling and cleanup
- portable toilet rentals, etc.
- Children's ride contractors (such as pony
must also provide a certificate of insurance to your location
with the limits and conditions as noted in the Parish
Festivals, Carnivals, and Events section.
- "Dunk the Dolly" booths as well as any "tumbling,
springboard, rebounding or bouncing devices/attractions" are
NOT to be rented or used due to the high exposure for risk of
injury to participants and consequent liability claims. There
is often an insurance coverage exclusion for injuries or damages
arising out of the use of such devices under the Diocesan master
- All fire regulations must be complied with including
providing an adequate number and type of fire extinguishers,
maintaining open and unobstructed fire exits, keeping adequate
open areas for emergency vehicle access and egress, and providing
well-lighted areas at night.
- It is suggested that the festival/event site be
inspected by your local fire department prior to opening
to the public
- Raffle cars should be added to the insurance vehicle
schedule prior to receiving such vehicles from the dealer. Call
the Diocesan Property/Casualty Insurance Department with the
year, make, model, and serial number.
- If there is a fireworks display, all necessary
permits, inspections, and compliances with Ohio Fire Code regulations
must be obtained prior to allowing the exhibition to take place.
- All incidents of bodily injury or property damage
must be reported IMMEDIATELY to the Diocesan
Property/Casualty Insurance Claims Department (216) 696-6525,
1-800-869-6525, Extension 3400 -or- Fax
(216) 861-0406. Please refer to the "Claim
& Exposure Reports" chapter
of this manual for procedures to secure the important information
necessary for the insurance carrier
The Diocese of Cleveland maintains a comprehensive general
liability insurance policy, which covers participating Diocesan entities,
their pastors, administrators, employees, and VOLUNTEERS for
negligent actions covered under the policy, which result in injury
to another person or persons. It is important to understand that
there is no coverage for criminal or intentional acts.
Likewise, there is no coverage for independent contractors,
or any individuals affiliated with groups or organizations that
are not specifically designated as an insured entity/location
in the Diocesan Master Insurance Program participants listing
of named insureds. A volunteer is defined as a person who renders
time or services directly to the named insured without any type
of remuneration or financial compensation.
There is medical payments coverage available, in an amount up
to $1,000 per person, to assist any volunteer for out-of-pocket
expenses incurred for satisfying deductibles, co-payments, prescription
drugs, or medical services not covered through their own personal
health insurance provider. There is no "volunteer
accident insurance" program in effect. In addition, there
are no workers compensation or disability insurance
benefits available for an injured volunteer.
The Diocesan Master Insurance Program provides insurance for
vehicles that are owned or long-term leased to named insured
locations. The automobile policy does not cover vehicles
personally owned or leased to clergy, employees, or VOLUNTEERS.
There is no coverage for damage sustained to a volunteer's
vehicle, or for liability incurred, due to an automobile accident
while acting as a volunteer. In the state of Ohio , the insurance
coverage of the owner of a vehicle is primary. Any volunteer
using their own vehicle must be insured! For the protection of
all concerned, every parish or institution must certify that
automobile liability insurance exists for volunteer vehicles.
The master program's Directors and Officers liability insurance
coverage does provide protection for an employee or VOLUNTEER
while acting as an officer, director, board member, or trustee
in the event that claims are brought against them because of
wrongful acts, allegedly wrongful acts, or omissions made while
acting in such a capacity.
Insured locations must keep on file a signed statement from
each of its volunteers acknowledging they understand and are
completely aware of their personal potential liability for uncovered
exposures while acting on your behalf. Here is a sample "ACKNOWLEDGEMENT
OF UNCOMPENSATED VOLUNTEER" form.
For individuals to be insured under the Diocesan Master Policy,
the insured Entity/Location must organize participation in the
activity; establish the time of service of the activity for its
volunteers; and coordinate the activities in which the individuals
or group engage. It is not sufficient that the activity merely
be one which is of a charitable nature or about which the Entity/Location
publishes or disseminates information.
Leasing Your Premises
PARISH AND DIOCESAN-OWNED PROPERTIES
If you are leasing or renting any portion of the real property
or any building space of your parish or school, you MUST contact
Attorney Kevin Burke in the Diocesan Finance
Office. Properly drafted lease/rental agreements are necessary
which outline the terms and conditions for the use of the facility,
the liability and property insurance requirements, as well as
the essential hold harmless language to protect the Diocese,
the Bishop, and your location. Here is a sample "FACILITES
CATHOLIC CHARITIES AGENCIES AND INSTITUTIONS
All Catholic Charities locations who rent or lease any portion
of their building(s) or grounds to an outside entity MUST contact
Attorney Lisa Gasbarre Black at Catholic Charities Services Corporation
to draft contracts outlining the facility's use and protecting
all corporate entities from the risk of potential liability.
D.I.S.C. PROGRAM INVITEES
Invitee locations are advised to contact their legal counsel
to negotiate and draft any rental or lease agreements entered
into for the use of buildings or property. Besides clearly outlining
the terms and conditions for using your facility, contracts must
contain a hold harmless clause to protect your location, its
owner or corporate entity, their directors, officers, trustees,
employees, volunteers, and agents who may have possible exposure
to any and all liability as a result of a tenant's operation
on your premises.
of Insurance evidencing acceptable coverage must be issued
to you by the lessor's insurance agent upon the execution of
such a contract. This Certificate MUST name your location,
as well as all other entities protected in the hold harmless
clause, as "ADDITIONAL INSUREDS" for comprehensive
general liability insurance protection by an A-rated insurance
carrier, in an amount of no less than $1,000,000 per occurrence,
for combined bodily injury and property damage. For your convenience,
you may fax the Certificate you receive to the D.I.S.C Office
at (216) 621-4755 for assistance in reviewing for compliance.