Accident Prevention

Based on the fact that some Lodges continue to have questions about the impact of this change (which became effective 4/1/11), the following should provide a better understanding of how this change affects each Lodge.

Since its inception, the Self-Insured Master Liability Program defended Lodges from litigation (it was never designed as an accident or medical policy). However, prior to 4/1/11, the Master Liability Program provided “no fault” secondary medical payments, which paid deductibles and co-pays for individuals who suffered an injury at any Lodge without questioning whether a Lodge was negligent. The elimination of secondary medical payments makes the distinction that we no longer pay claims (including medical expenses) on a “no fault” basis.

Effective 4/1/11, each claim is investigated to determine whether a Lodge was negligent. No payments will be made to an individual if an investigation fails to indicate the Lodge was negligent or show a defect that would cause a person to trip and fall, faint, get cut while volunteering in the kitchen, break a tooth while eating popcorn, etc.

The primary reason for terminating the secondary medical payments was due to the new Medicare and Medicaid procedures, which eliminated the Elks ability to provide any direct payments to injured persons. However, please note the Master Liability Program continues to provide Lodges with liability coverage, which will defend the Lodge from any claims of negligence and, in the event of litigation, pay any judgments or settlements (including medical expenses).