Volunteering in Maine. The Rights, Risks and Rewards of Volunteerism in Maine Presented by Brent Cross, CPCU

Transcription

1 Volunteering in Maine The Rights, Risks and Rewards of Volunteerism in Maine Presented by Brent Cross, CPCU

2 Volunteer Defined Pure Volunteers Directed Volunteers Service for Compensation Officers and Directors Professionals Acting as Volunteers Student Volunteers Subsidized Volunteers Persons Acting in Their Own Interest

3 Tort Liability Issues Acting as a volunteer a person you are directing hurts someone or damages someone s s property Acting as a volunteer for you and your organization a person suffers an injury. Acting as a volunteer you are injured or you injure someone

4 Federal Protection Volunteer Protection Act of 1997 Law provides immunity to the individual volunteer, not the organization Does not prohibit someone filing a lawsuit against a volunteer- only bars if requirements are met within the act.

5 Volunteer Protected under VPA If person is properly licensed, certified or authorized by authorities to so act If the harm is not caused by willful or criminal misconduct, gross negligence, reckless, etc. If the harm is not caused by a motor vehicle, vessel, aircraft or other vehicle

6 State of Maine Protection State of Maine Statute (Title 14, Section 158A) Commonly - Volunteers in Maine are protected from personal injury or property damage while volunteering Exception Motor Vehicles Exception Intentional Acts

7 Maine Case Law Lunt v. Fidelity & Casualty Company direction and control matter Binette v. Dyer Library Association any type of compensation may have impact Fournier v. Rochambeau Club Club was liable for not providing training

8 Example #1 You decide to volunteer at your local Church serving soup at a local soup kitchen. While serving the hot soup you spill some on another volunteer injuring them so severely they need medical assistance Who pays for the injury to the volunteer? What if they sue for damages? What should the Church do to protect themselves?

9 Example #2 The Church has added an endorsement to their general liability policy to add Volunteers as additional insured's (CG 20 26) How will this affect the outcome? Does it help the person who injures another? Does it impact the injured persons ability to recover damages?

10 Example #3 John is directing a geology trip to Mount Desert Island for his club. He forgets to warn Sue about the slippery rocks and Sue slips and twists her ankle Is John responsible for Sue s s injury? Can Sue receive any benefit from John or from the club? Would John s s homeowners policy help?

11 Example #4 You are asked to volunteer your professional skills to a local charity (Habitat for Humanity) While performing the task someone trips over your equipment and suffers an injury Six months after your work the charity comes back to you and says because of your faulty work they have suffered damages that caused them to hire someone else to redo your work costing them $10 s s of Thousands of Dollars

12 How Can Insurance Help General Liability Insurance offers protection if Negligent and an Insured Medical Payments can help for Small Injuries and Does Not Require Negligence to trigger coverage Professional Liability Protection Workers Compensation Volunteer Health Benefits

13 Risk Management Steps Train Volunteers in Proper Procedures Treat Volunteers as you would Employees Have Hold Harmless Agreements Prepared by an Attorney and Signed by all Parties the document should outline what your expectations are during the event Obtain proper endorsements to your insurance policies SEEK LEGAL ADVICE

14 Habitat for Humanity Professional Services: report this activity to your Professional Liability Insurance Company and ask them for an interpretation in WRITING ASK Habitat of Humanity whether you will be covered under their insurance program for injuries you sustain or injuries/damages you cause

15 YOUR INSURANCE Report this activity in writing to your General Liability Insurance Company Workers Compensation Insurance Company Professional Insurance Company Homeowners Insurance Company Tell them your expectations for coverage Make sure your Health Insurance is paid up to date. There are no issues here for notification