Re: Liability insurance
RW Skelton (wvhsrws@NORTHSTAR.K12.AK.US)
Tue, 30 Jan 1996 15:53:45 -0900
On Mon, 29 Jan 1996, Paul H. Brown wrote:
> Does my council's liability policy (which, I hope, protects me) have a
> large deductible, which requires that I have my own liabilty policy?
>
> An example. I live in Virginia. A (IMO, benighted) commonwealth that
> does NOT require public liability insurance for its drivers. If I, as an
> uninsured scouter, get in a wreck while on BSA errands, does the council's
> insurance defend and pay any ensuing liablity suit against me?
>
> If I have some liability coverage (say, $25,000 worth), and have the same
> accident, does my liablity insuror defend and pay $25,000 worth, with the
> council stepping in for any >$25,000 judgment? If so, then why should I
> carry any excess liablity, or umbrella insurance? (I learned in law
> school -insurance law isn't my specialty, BTW- that a good reason to
> carry lots of insurance is that more insurance buys a better defense: an
> insurance company with $1 million on the line will spend more, and hire
> more experience, than a company with $25,000 on the line.)
I would like to make the suggestion that you have what you think
you need -regardless- of what BSA covers. When I was in a troop, I would
have never dreamed of getting into a major auto accident, but sure
enough, it happened, and damages were upward 10,000 range total...notbad
considering a two year old car was involved. Fortunately, nobody was
hurt although one boy quit the troop because we were delayed for hours
because of the accident (had to get the truck a new tire, and drive 25mph
for about 70 miles) and stuff had fell off our trailer...BSA would not
have covered it at all because our troop had gone on a snowmachine trip
and not everybody had had training and helmets, even though the wreck was
between a car and a truck, the very fact that the truck was pulling a
trailer with four machines and another in the bed, most probably, it
would have been one of those frowned upon activities, and we figured not
to risk a crackdown on the troop and had our own liability cover it.
Bottom line is that BSA will try to avoid paying out of that huge
insurance fund they have, paid for by the$1 per boy at registration that
national takes, so any responsibility they can shove on you, they will
atempt, so if you hav insurance, not only will you be defended from other
parties, but BSA itself. I cannot imagine driving an uninsured auto
(liability) myself, but I guess it is more dangerous driving on ice and
snow which y'all don't get much of in VA.
>
> Same accident, but I'm a risk adverse a/r type. Insured for $300,000 on
> my car. $1,000,000 umbrella policy. Again, does the council participate
> in my defense, as well as any settlment/judgment >$1,000,000?
>
> To add to the scenario, assume the same accident, but I've neglected to
> get a tour permit? Still covered by the BSA policy?
Absolutely not! Well, can't speak with a voice of authority but
I do know that one troop went on an exchange to USSR (back in the late
80's or so) and got to go skydiving....well, the troop made the mistake
of letting anyone take pictures of them in scout uniforms because
National got to see them somehow, and really got upset-understandibly
because the activity was one of those banned ones. Although the group
they were with covered them insurance wise plus the Government(of the
organization) would have covered them, BSA would have not in case of a
mishap. General bottom line: if you participat in an activity prohibited
by policy, BSA will not cover you.
> What if we're ultralight flying? When does BSA say to me: it wasn't a
> real scout activity (eventhough all present are registered
> scouts/scouters), so you're on your own?
Somewhere, there is a list of approved and prohibited activities
insurance wise...as far as I remember, gliders are ok, but flying is not
(again, check don't take my word).
>
> Paul H. Brown, UC, GW District, National Capital Area Council, BSA
> phbrown@capaccess.org
>
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