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msar-riders - Re: [MSAR] Insurance

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  • From: "IRVIN LICHTENSTEIN" <ilichten1@verizon.net>
  • To: "'Mounted search and rescue'" <msar-riders@lists.ibiblio.org>
  • Subject: Re: [MSAR] Insurance
  • Date: Mon, 07 Dec 2009 10:39:44 -0500

Liability insurance requirements are governed by each state.  In some states, such as Delaware, the state has sovereign immunity, which means that a government agency cannot be sued (and most contractors as well). In other states, such as Pennsylvania, deep pockets rule but there is a cap on uninsured looses by municipal corporations but not contractors, such as volunteer fire companies or SAR organizations.  Check your state’s rules and then find out who insures the local volunteer fire company or ambulance and call them. Stay away from horse association or show insurance companies because they are not insuring emergency response agencies and there is a great deal of difference between insuring a horse show and insuring SAR. You must also realize that even if you are right (and a court later agrees with you) you still have to pay lawyers and experts, etc. and insurance pays defense costs.  Several local fire companies were sued by the residents of a state correctional facility for not rushing in to put out a mattress fire until the state police cleared the rioters and it cost them several hundred thousands to win in court.

 

The local county equine council pays about $500 a year for no more than 4 rides in a county park, and additional for directors’ coverage.  SE PA SAR pays about $900 a year for unlimited rides, unlimited training events, unlimited fundraising events, officers and directors’, $10,000 treasurer’s bond, $50,000 in borrowed equipment coverage, errors and omissions, secondary vehicle operation (covers us, not licensed driver/owner), even landlord coverage. We use VFIS, a company that specializes in volunteer fire companies across the nation and we  have a $1Million limit on public liability.     

 

If you need coverage you need general liability or public liability (something you do causes some citizen damage), errors and omissions (generally some expert says you made a “professional” mistake), fiduciary responsibility (money-embezzlement, loss, bad investments), directors’ (your board or officers make a mistake in governing the organization), vehicle operations, borrowed property (you use somebody’s boat, trailer, truck, radios, etc. and break them), medical malpractice (may be good Samaritan defense or actual practice depending on organization), your organization’s property and equipment (replacement cost, especially if you use tax or grant money to buy stuff), and landlord coverage (covers you for acts by guests at fundraisers, awards dinners, etc. where alcohol may be available, even if not explicitly permitted). If you own a building you may need owner’s or renters’ coverages, fire and theft, and even for things like cracked sidewalks or bricks falling down (liability and medical payments).

 

You have to insure your members for on the job injuries. ASTM standards call for having workman’s comp in place. Depending on the jurisdiction your members may be your employees or government employees. In Pennsylvania volunteer firemen are employed by the municipality they protect while on duty (defined by the municipality). In other states they are covered by a state law (Texas last I heard) or something else.  EMAC agreements also call for the home territory to assume comp coverage for deployed mutual aid assets.  Many organizations that can afford it carry accidental death and disability coverage.  Generally offered on a three year contract it pays the member first and then goes after the comp carrier for coordinated benefits.  SE PA SAR has been quoted over $5000 per year for $50,000 in benefits per member and does not yet fund this coverage.  One local fire company pays $20,000 per year for $400,000 each member coverage.

 

And don’t forget the horses and dogs. Almost nobody will insure you for liability/loss for horses and dogs.  In some jurisdictions you get the first bite, in some you don’t. If your members own the horses they should have individual liability coverage and the organization’s public liability serves as secondary coverage. If the organization provides any services to the owners (vanning, stables, farrier, vet) it needs its own care and custody coverage in case something happens to a member’s horse while in the organization’s care.  You should also encourage each member who hauls their own horse to get horse trailer road service coverage. Many AAA or other motor club coverages exclude trailers, trailer contents, and towing trailers home if the tow vehicle breaks down.  Also, make sure the trailers are road legal.  US Rider is a good source for road service coverage.   There is also horse life insurance and major medical insurance.

 

Irv Lichtenstein

Chief of Operations

SE PA SAR


From: msar-riders-bounces@lists.ibiblio.org [mailto:msar-riders-bounces@lists.ibiblio.org] On Behalf Of Marie Lester
Sent: Monday, December 07, 2009 8:01 AM
To: Mounted search and rescue
Subject: Re: [MSAR] Thank you for your assistance

 

Congratulations to Mary Jo and her newly founded team in Central, MO.!

On another note, can someone tell me how to access the topic of LIABILITY INSURANCE in the archives?  I do not see it listed in the fourth quarter archives and am unsuccessful in accessing other quarters and dates. 

Thanks so much!

Marie Lester

 




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