James H. McCullars (mccullarsj@EMAIL.UAH.EDU)
Thu, 6 Oct 1994 13:57:44 -0500
Recently, Nathan Brindle said:
--> I'll BET you'd get cancelled as soon as they were done defending you
--> in a case like that. Liability insurance companies are pretty quick
--> on the trigger.
Speaking from experience in the insurance business, I think each case
would be judged on a case-by-case basis by the company in question. Also
(and granted, this may be picking a semantic nit), one does not generally
get their insurance "cancelled", although an underwriter may choose not to
renew the contract on the anniversary date.
--> This goes back to the thread some time back about Scoutmasters and the
--> need for a separate liability policy specifically to cover them in the
--> event of a Scouting-related mishap.
I don't think you can secure such narrow coverage. Contrary to what
many people believe, the "Lloyd's of London" type specialty contracts are a
rarity. They are also very expensive. Your run-of-the-mill insurance
agent is going to tell you that no company he represents will be able to
write a liability contract covering only activities incurred in a Scouting
role. So your only options are to defend yourself, and let your insurance
carrier do it for you.
By the way, the part of your homeowners insurance that covers this type
of liability is generally called, "Comprehensive Personal Liability", or
CPL. The word "comprehensive" is very important, because it basically says
that you have coverage for any type of personal damage lawsuit that may be
brought against you, with only a few exceptions spelled out (like criminal
acts, deliberate acts, damage arising from the use of a motorized vehicle,
--> That said, the expense involved probably makes this prohibitive, and
--> most if not all Scoutmasters and Scouters in general are probably going
--> to continue to rely on their homeowners underwriter to protect them
--> in a liability case.
As well they should.
Having said *my* piece, I should probably post a disclaimer. In short,
I am not an attorney, and have been away from the insurance business since
1982. These are opinions only, although I did do some research last year
into the coverage that BSA affords its volunteers for Scout-related damage
Terry Howerton Sakima Group, Inc. SCOUTER Magazine Kansas City