scouts-l Mail Archive for November of 1999: Re: Who owns a Troop? - - a different twist
Calvin H. Gray (405geezer@IGG-TX.NET
Wed Nov 03 1999 - 10:23:50 CST
> I have a question with a different implication. Where does the insurance
> lie? I am asking our church, which just completed a new building this year,
> to sponsor a Venturing Post. Our church has never had a link to Scouting,
> and the board of elders is asking questions about insurance liability. I have
> not been able to get a totally clear answer from Council, insurance folks
> or other Scouters. I would think that with new units and new chartering
> organizations popping up all the time that this would be an easy question
> to answer. Any help out there?? (or do you just have to assume that
> if someone wants to sue, they can sue any link in the chain? - from another
> youth, to an adult leader, to the chartering organization, to the Council,
> to National????) And maybe a corollary question, should individual units
> have their own additional liability insurance policies? Also, is the
> unit" - i.e. Pack, Troop, Post, a legal entity that can be sued?
The BSA liability insurance, which I seem to remember being at least $10
million, provides "excess" liability coverage to the unit's adult
leadership. "Excess" means that the adult leader's personal auto policy
or homeowners policy (or other liability insurance) is the primary
liability insurance during Scouting activities with the BSA liability
offering additional coverage.
As far as the chartered organization is concerended, the BSA coverage is
the primary coverage. Here is the wording from the Annual Charter
Agreement (Form #28-182L) between the BSA and each chartered
organization as listed under "The council agrees to" section:
"Provide primary general liability insurance to cover the chartered
organization, its board, officers, chartered organization
representative, and employees against all personal liability judgments.
This insurance includes attorney's fees and court costs as well as the
cost of any judgement brought against the individual or organization.
Unit leaders are covered in excess of any personal coverage they might
have, or, if there is no personal coverage, the BSA insurance
immediately picks them up on a primary basis."
Ever since I've been a Scouting leader, I've been told (but never seen
any supporting documentation) during many training sessions that the BSA
liability insurance will only be in effect if BSA rules and procedures
(Guide to Safe Scouting) are followed. I'm not sure if this is true or
not as the wording in the "Annual Charter Agreement" seems to indicate
that leaders and the chartered organization will be covered by the BSA
liability insurance in all cases, even if a BSA rule is violated. Can
someone provide a definitive answer on this?
Calvin H. Gray
Scoutmaster, Troop 405
I used to be an Owl (WM-62-2-98 @ Philmont)