REGULATION 23.  INSURANCE

Definitions

For the purposes of this Regulation 23 the terms below shall have the following meanings assigned to them:

Career-Ending Injury means an injury to a Player which wholly and continually prevents him from participating in the Game and where no recovery to permit the Player to resume participating in the Game is foreseeable;

Catastrophic Injury means an injury to a Player which wholly and continually prevents him from participating in any and every occupation including the Game and where no recovery is foreseeable;

Emoluments means Guaranteed Payments less any amounts which are or will be received by a Player from his Primary Employer, if that Primary Employer is a Rugby Body or Club, during the Player’s period of incapacitation from playing the Game so as to represent the real economic loss in each case with respect to Guaranteed Payments;

Guaranteed Payments means the actual payments guaranteed to a Player for a one-year period from the date of the injury in respect of playing the Game by a Rugby Body or Club where that Rugby Body or Club is the Player’s Primary Employer;

International Duty means representing, playing for, training and/or preparing with a senior National Representative Team and/or a National Squad;

Medical Expenses means the actual cost of medical expenses incurred in treating an injury to a Player, excluding, without limitation, pioneering or alternative treatments, international travel for treatment other than travel to the Player’s home country and any other expenses above the ordinary cost of the necessary treatment. World Rugby will have the final decision in respect of any dispute in relation to the foregoing;

Primary Employer means an employer for whom a Player is required, pursuant to a written agreement, to provide services for a minimum of 75% of his Working Time;

Temporary Total Disablement means an injury to a Player which temporarily and totally prevents him from participating in the Game but is not a Catastrophic Injury or Career-Ending Injury; and Temporarily Totally Disabled shall be construed accordingly; and

Working Time means the total time a Player is available to provide services whether such services are provided to the Primary Employer or otherwise.

23.1           Liability for Players other than when on International Duty 

23.1.1        Players or their Primary Employers are responsible for and shall have in place appropriate financial arrangements or insurance to cover the Player in respect of losses and expenses incurred as a result of injury sustained whilst participating in the Game at any level and at all times other than when the Player is on International Duty.

23.1.2        If the Primary Employer of the Player is a Rugby Body or Club then it will be responsible for having in place the appropriate financial arrangements or insurance to cover the Player whilst participating in the Game at any level and at all times other than when the Player is on International Duty. Such cover should include Medical Expenses, loss of Emoluments, Temporary Total Disablement, Career-Ending Injury and Catastrophic Injury incurred as a result of injury sustained whilst participating in the Game at any level and at all times other than when the Player is on International Duty.  

23.1.3        If the Primary Employer of the Player is not a Rugby Body or Club then the Player shall be responsible for having in place the appropriate financial arrangements or insurance to cover the Player whilst participating in the Game at any level and at all times other than when the Player is on International Duty.

23.2           Liability for Players when on International Duty

23.2.1        Unions are responsible for and shall have in place appropriate financial arrangements or insurance to cover each Player (and/or his Primary Employer as applicable) in respect of losses and expenses incurred as a result of injury sustained when such Player is on International Duty. Such financial arrangements and/or insurance cover should include Medical Expenses, loss of Emoluments, Temporary Total Disablement, Career-Ending Injury and Catastrophic Injury incurred as a result of injury sustained at the time that the Player is on International Duty.

23.2.2        The minimum financial limits and the terms and conditions of the cover to be provided pursuant to Regulation 23.2.1 shall be agreed as follows:

(a)     between the Union and the Player; or

(b)     between the Primary Employer and the Player where applicable, save where the Union has exercised the right of release pursuant to Regulation 9 in which case the limits set out in Appendix 3 to Regulation 9 shall apply.

23.3           General Responsibilities of Unions and World Rugby

23.3.1        World Rugby does not have, nor shall it accept, any responsibility and/or obligation in the event that the Primary Employer and/or the Player and/or the Union (as the case may be) fail to have appropriate financial arrangements or insurance to cover the Player pursuant to Regulation 23.2. For the avoidance of doubt World Rugby is not responsible for arranging and/or monitoring appropriate financial arrangements and/or insurance cover under this Regulation 23.

23.3.2        In the interests of the welfare of Players and the reputation of the Game worldwide, World Rugby shall have the right to periodically review the financial arrangements or insurance that Unions have in place to cover Players on International Duty. 

23.3.3        A Union shall if requested by any Player, Primary Employer, World Rugby or any other party having demonstrated to the satisfaction of World Rugby that it has a valid interest provide a certificate or other satisfactory evidence of the financial arrangements or insurance cover in place for any Player.

23.3.4        In the event that a Union does not satisfy the requirements of this Regulation 23 World Rugby may take such action as it considers appropriate.