Re: Still about camp

> From: Settummanque,the blackeagle MAJ Mike L. Walton
<blkeagle@DYNASTY.NET>
> Date: Wednesday, August 05, 1998 5:01 PM
>
> The person, if removed, may turn around and attempt to include you
> in a civil suit to regain his registration. It could be nasty,
> especially if the person knows you and knows that you have informed
> the Council Scout Executive of his actions. Note that I stated
> civil suit; the suit will more than likely be against the BSA, the
> local Council and the chartered partner organization to which the
> individual belonged. But he's free to pull in anyone else
> involved, which means you. I'm NOT a lawyer (don't even play one
> on TV!), but I can tell you that the BSA's risk management team
> will NOT defend you or any other volunteer...they belong to
> National and are only loaned out to the local Council for truly
> large scale cases.

This is the only part of the description with which I take exception.
Forgetting, for the moment, that the BSA's liability coverage on its
volunteers is secondary, the BSA indemnifies its volunteers to the tune of
something like $15 million. Part of that insurance coverage, whether
underwritten or self-insured, includes the right to counsel. Thus, I can
see no basis for the BSA taking a stance that they are not required to
provide counsel to one of its adult leaders who face a liability action
resulting from that leader's performance of his duties as a leader in
accordance with Scouting policy. Now, they might not use their own risk
management attorneys for this, but since it is THEIR money that is on the
line if they lose, I cannot see them abrogating the responsibility to
provide counsel. Now, since the BSA insurance coverage is secondary, the
first dollars of any judgment would come from the leader's homeowner's or
umbrella policy and each of those insurance companies (if they exist)
would provide legal counsel to protect your interests up to their limits
of coverage.

---
Bruce E. Cobern
also not an attorney
mailto:bec@pipeline.com

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