Re: PTA liability
Bruce E. Cobern (bec@PIPELINE.COM)
Wed, 18 Oct 1995 13:37:19 -0400
On Oct 18, 1995 08:35:16, 'Cheryl Singhal <csinghal@CAPACCESS.ORG>' wrote:
>Having been on the PTA board, I *suspect* what their lawyer is telling
>Insurance only pays if you lose; anyone can sue anyone for anything; win,
>or draw, you have to pay the attorney who defends you; it is POSSIBLE to
>everything you own and still win.
>In today's sue-happy society, it's easy to understand why someone would
>volunteer for that situation.
I do not believe this to be true. The cost of counsel is covered whether
or not you lose. One of the benefits of the insurance is that the
insurance company is contractually obligated to provide counsel to defend
the suit up to the limits of the policy. Thus, if BSA provides primary
liability insurance to CO's it would be obligated to provide counsel. That
is not to say that the suit wouldn't still be a pain in the butt, but
counsel fees would not be a concern unless the CO chose to add their own
private counsel to the defense team, a real possibility.
Bruce E. Cobern
Terry Howerton Sakima Group, Inc. SCOUTER Magazine Kansas City