What You Need to Know Before Becoming a Volunteer

On Sept. 16, 1997, the Volunteer Protection Act of 1997 became effective. Concerned that volunteers have been deterred from offering their services to nonprofit organizations because of liability concerns, Congress went to work to enact a law that would limit volunteer liability. This federal law is good news for all those who volunteer, or have always wanted to volunteer, for nonprofit organizations.

I’d like to volunteer for a nonprofit organization. Am I protected from liability?

Yes. The Volunteer Protection Act provides liability protection for harm a volunteer may cause as long as:

1. the volunteer was acting within the scope of his or her volunteer responsibilities;
2. the volunteer was properly licensed, certified or authorized for the activity which caused the harm (if required or appropriate);
3. the harm was not caused by the willful or criminal misconduct, gross negligence or conscious, flagrant indifference to the rights or safety of the person harmed; and
4. the harm was not caused by the volunteer while operating a motor vehicle, vessel, aircraft or other vehicle for which the state mandates the operator or owner to be licensed or to maintain insurance.

Are there exceptions to volunteer immunity I should know?

The Volunteer Protection Act will not provide immunity if the volunteer has engaged in misconduct that:

1. constitutes a crime of violence or an act of international terrorism;
2. constitutes a hate crime;
3. involves a sexual offense;
4. violates a federal or state civil rights law; or
5. if the volunteer was under the influence of alcohol or drugs at the time.

Do I qualify as a volunteer under the act?

A “volunteer” is defined under the act as an individual performing services for a nonprofit organization or a governmental entity who does not receive compensation (other than reasonable reimbursement or allowance for incurred expenses) or any other thing of value in lieu of compensation, in excess of $500 per year. The term includes a director, officer, trustee or other direct service volunteer.

I volunteer as a director of a nonprofit organization. Can I expect my homeowners insurance policy or umbrella policy to extend coverage for harm I may cause as a volunteer?

No. A homeowners policy shows little promise of providing a director or officer any protection in the event that a lawsuit arises.

The reason? The typical directors and officers lawsuit involves a wrongful act that inflicts financial injury to someone, whereas a homeowners policy covers an insured whose negligence causes an accident that produces bodily injury or property damage to a plaintiff. The homeowners policy, if so endorsed, also may provide coverage for personal injury offenses, such as libel or slander.

The Volunteer Protection Act of 1997 is a big step in the right direction to providing volunteers with immunity; however, because there are still some limitations and qualifications on immunity, check with our agency to be sure you have the appropriate insurance coverage.

Are you a volunteer and want to see if you are covered or do you run a non-profit and want to make sure your volunteers are protected? Contact Us Today! You can call or email us at 888-565-2212 or info@bryanagency.com Ask us for our free report that you need to have as  volunteer - "Top 5 Questions You Need To Ask Your Volunteer Organization Before Lending a Hand"

Graduation Parties - Are You Covered?

By Guest Blogger: Nelson Rivera Jr.

It's that time of year...graduation time. This is the crowning moment in any teenagers life – graduating high school. And as many of you as parents can attest to, it is not without hard work and perseverance from both your children and you. So, to recognize this great achievement, what better way to do that than have a graduation party? Something that you, your child, their friends, and the rest of the family can do to celebrate.

Like any responsible parent, you will have drinks for the adults only and soda for your child and his or her friends. Your child is a good kid, so you have made it clear that there will be no drinking at the party, and they have agreed.

The party day arrives and all the friends and family show up. However, you, being busy hosting the party, are unaware that some of the friends show up and end up drinking in the garage and others even show up drunk to the party. They drive off to the next party and get into an accident with another vehicle. The police show up and in the report, they tell them that they were leaving your house from their friend's graduation party. Weeks later, some legal papers show up at your house for the accident, showing that you may be liable for hosting the party. What do you do now? You wonder, am I covered for this?

While this scenario seems bad, it is possible, and it is important to know where you are liable in a party. Now the question is, is this covered under your homeowners insurance? The answer is, it depends.

Here are the top questions we get around this time of year to think of when planning your party:
Q: My kids are going to drink anyway, so can't I serve them? This way I can monitor what happens.
A: If you are knowingly serving alcohol to minors, while you are covered under the liability on your homeowners under the "Social Host Liquor" rules, serving alcohol to minors is not legal and therefore may not be covered under your homeowners policy. And if you are charging for alcohol, you could fall under the "Dram Shop Liabilty" and your homeowners would not cover you for that.

Q: What if I have a party outside of the house, like at a park or clubhouse?
A: Good news! Your homeowners liability and umbrella policy will cover you outside of your home. What this means is that if you have your child's party at a park or other area, the Social Host Liquor rules will extend from whatever the limit on your homeowners insurance policy provides.

Q: If one of my kids friends shows up intoxicated to the party and I send them away, am I still liable?
A: Yes, you could still be found liable because you knowingly sent him/ her away in a vehicle when they were visibly intoxicated, and they are underage. Now, this may or may not be covered by your insurance as well.

Q: What if I am away, and my kid throws a party on their own?
A: As the owner of the house, it doesn't matter if you are there or not there. If someone gets hurt on your property, or was drinking at your house, you could be held responsible. Depending on the situation, the liability coverage of your homeowners may come into play here as well to protect you.

Q: What if someone trips and falls or gets hurt otherwise?
A: Most likely, you are covered in this event. Although each policy varies from coverages and the limits, if someone is injured on your property, you have medical payments and liability coverage on the standard homeowners policies, which protect you in this event. If you are not sure, you should check your policy or call your agent and have them review it with you.

Q: What else can I do to protect myself?
A: In today's litigious society, I always recommend to take as much liability on your homeowners as you can and take an umbrella policy as well, especially with children in the house. They are covered under your policies as a resident relative of your household as long as they are living there. An umbrella policy is extra liability that would cover over your home and auto policy and can be purchased for less than $13 per month for an extra $1,000,000 in coverage.

It is also important to review your current coverages to see what you have. If you are unsure, you should review them with your agent or insurance company.

Also, it is a good idea to have an agreement with your child. Let them know the implications of their choices and how it can affect you as well. This way, everyone can enjoy the party and celebrate what really matters, your child and their great accomplishment!

Congrats to all of the Graduates of 2012! We at the Bryan Agency wish you all of the best in your success!

Have more questions? Call our office (888) 565-2212 or stop in at 3068 Route 9W Suite 500, New Windsor, NY 12553. We love questions. Email us at amicovered@bryanagency.com  ***If your question is featured in one of our blogs, we will send you a thank you gift card in the mail. ***

You can also visit us online at http://www.bryanagency.com/ or www.facebook.com/bryanagency

What you need to know before becoming a volunteer

On Sept. 16, 1997, the Volunteer Protection Act of 1997 became effective. Concerned that volunteers have been deterred from offering their services to nonprofit organizations because of liability concerns, Congress went to work to enact a law that would limit volunteer liability. This federal law is good news for all those who volunteer, or have always wanted to volunteer, for nonprofit organizations.

I’d like to volunteer for a nonprofit organization. Am I protected from liability?

Yes. The Volunteer Protection Act provides liability protection for harm a volunteer may cause as long as:

1. the volunteer was acting within the scope of his or her volunteer responsibilities;



2. the volunteer was properly licensed, certified or authorized for the activity which caused the harm (if required or appropriate);



3. the harm was not caused by the willful or criminal misconduct, gross negligence or conscious, flagrant indifference to the rights or safety of the person harmed; and



4. the harm was not caused by the volunteer while operating a motor vehicle, vessel, aircraft or other vehicle for which the state mandates the operator or owner to be licensed or to maintain insurance.

Are there exceptions to volunteer immunity I should know?

The Volunteer Protection Act will not provide immunity if the volunteer has engaged in misconduct that:

1. constitutes a crime of violence or an act of international terrorism;



2. constitutes a hate crime;



3. involves a sexual offense;



4. violates a federal or state civil rights law; or



5. if the volunteer was under the influence of alcohol or drugs at the time.

Do I qualify as a volunteer under the act?

A “volunteer” is defined under the act as an individual performing services for a nonprofit organization or a governmental entity who does not receive compensation (other than reasonable reimbursement or allowance for incurred expenses) or any other thing of value in lieu of compensation, in excess of $500 per year. The term includes a director, officer, trustee or other direct service volunteer.

I volunteer as a director of a nonprofit organization. Can I expect my homeowners insurance policy or umbrella policy to extend coverage for harm I may cause as a volunteer?

No. A homeowners policy shows little promise of providing a director or officer any protection in the event that a lawsuit arises.

The reason? The typical directors and officers lawsuit involves a wrongful act that inflicts financial injury to someone, whereas a homeowners policy covers an insured whose negligence causes an accident that produces bodily injury or property damage to a plaintiff. The homeowners policy, if so endorsed, also may provide coverage for personal injury offenses, such as libel or slander.

The Volunteer Protection Act of 1997 is a big step in the right direction to providing volunteers with immunity; however, because there are still some limitations and qualifications on immunity, check with our agency to be sure you have the appropriate insurance coverage.

Call or email us at (888) 565-2212 or info@bryanagency.com

Don’t Get Burned This Summer! Add an insurance review to your check list for this summer.

þ Sunglasses…check!

þ SPF 15…no…30….check!

þ Beach towel…check!

þ Bathing suit…check!

þ Book…check!

þ Extra Liability Insurance…chec…huh? what? Liability for the beach?

No. I didn’t stutter, I said extra liability. I know what you are thinking, “Amy, this is my time to take a vacation, relax, and to not worry about the details.”

But with more people on the road traveling to the beaches whether it be downstate, upstate or any state, you are going to run into more people, both figuratively & literally. Kids are out running around, across your property. You are out at the beach, camping or simply driving to your summer fun getaway, so while liability insurance or the proper coverage probably isn’t on your top priority list, it should be on your list of things to take with you before you go on vacation this summer. With more people comes more change of accidents or something happening. Nobody plans for an accident, that’s why its called one in the first place. But when it happens, the last thing you want to have to worry about is a claim gone wrong or not enough coverage. Not enough coverage is like getting rained out at the beach. Be prepared this summer. Make sure you have enough liability.

You want to be sure that if one of the neighborhood kids trips and gets hurt on you property you have enough liability. You want to be sure that if you were camping and an accident happened that you have enough medical payments or liability insurance to cover you wherever you are. You want to be sure that if you go on vacation, your home is covered properly. You want to be sure that if you got into a car accident, you have enough coverage, even if the other guy doesn’t.

I know you are thinking now, “Amy, I’m leaving in a few days for the beach. I don’t have time to do ALL of this!” That is what your agent is for. Ask them to sit down for an quick review of what you have to be sure you are carrying enough so that you don’t get burned this summer. It can take less than 20 minutes and can be well worth the time.

Not sure if you have enough? Email us for a free checklist to take the quiz. abryan@bryanagency.com

Have a Safe & Happy Summer!