Below are some of the reasons nonprofits believe they don't need D&O insurance and why they are wrong:
But Charities Are Immune From Liability in Our State
Charities are immune from many types of liability
under some state laws. Legislation often protects volunteers, board members, and staff. However, court
decisions and statutes provide only limited protection. There are
several reasons it still makes sense for your organization to get
D & O coverage.
- Immunity from liability doesn't mean that someone can't sue
you and force you to incur expenses defending your organization
and its directors, employees, and volunteers. One of the principle
reasons for buying D & O coverage is that it will pay for
the costs of defense. According to a recent industry survey, the
average costs incurred by a nonprofit organization to defend a
D & O case is $147,274. Unless your organization has sizeable
cash reserves, you may not have the funds to pay an attorney to
defend you.
- State immunity laws, while good, may not protect your organization
and its board members, staff and volunteers from all potential
liabilities. Many cases brought against nonprofit organization
boards and staff are based on federal laws which may be unaffected
by your state immunity.
- The state laws which provide immunity for your staff, board
members and volunteers, often only do so if the organization has insurance
coverage.
But Our Board Members Have Personal Liability Insurance
No. Is it really fair to ask your board members to put their personal
insurance policy on the line for the volunteer work they do in your
organization? Many board members rightfully feel that they want
their personal insurance policy to cover their personal needs. They
expect you to protect them for the volunteer work they do for your
organization. And, in any event, an individual's personal policy
provides no protection for your organization, its staff or other
board members and volunteers.
But We Already Have General Liability Coverage
No. To put it simply, general liability coverage
is extremely limited. It doesn't provide protection for many of
the people you want to protect. Nor does it cover many of the situations
that are most likely to occur. For example, somebody slips and falls
in your office and sues your organization for their injuries - that's
likely to be covered by your general liability policy. The same
person sues your officers and directors alleging they were negligent
in managing the organization by allowing a dangerous condition to
exist! That won't be covered in most general liability policies,
but may be covered as a D & O claim.