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Directors and Officers Liability Coverage
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Risk Management

For your risk management needs, the following is an index of helpful resources:

Learn More about why nonprofits need Directors' & Officers' Liability coverage.

Learn about the Volunteer Protection Act and why you still need Directors' & Officers' Liability Insurance.

Who Sues Nonprofits and Nonprofit Boards and Why? -One of the myths associated with nonprofit D&O exposures is that there are few sources of claims since nonprofits don't have shareholders. Nonprofits serve large and varied constituencies to which their boards owe specific fiduciary duties similar to duties owed by corporate boards. These constituencies are potential plaintiffs in legal actions brought against nonprofit boards.

What Jurors Conclude About Documentation -A recent article from the Maryland Employment Law Letter provides some interesting food for thought for nonprofit employers. The article outlines three unwritten assumptions jurors make about documentation presented to them during trials.

Help protect your museum and its directors, officers, staff and volunteers from mismanagement lawsuits
  Most people in the museum community are surprised to learn that their institution is vulnerable to mismanagement lawsuits brought about by disgruntled employees, patrons and concerned citizens.

Insurability Checklist
  Evaluate your legal liability.

The Employee Handbook
  A brief overview of the importance of implementing an employee handbook.

The Employment Application
  An employment application is an information-gathering tool that will assist you in your hiring decisions and should contain language that will reduce employment- related liability exposures.

Nonprofit D&O Loss Prevention Manual
  Although directors and officers of nonprofit entities are generally not subject to the same scrutiny, pressures and legal requirements as their for-profit counterparts, nonprofit directors and officers still have meaningful exposure to personal liability. In fact, several surveys have reported that the frequency of claims against nonprofit directors and officers has doubled during the past several years.

Also, individuals generally become directors and officers of nonprofit entities because they are interested in being a part of a service organization, and not an organization focused on creating profits. These individuals generally are very surprised to learn than their actions -- or inactions -- may be the basis for a lawsuit against them, and that a wide and growing range of litigation risks is now a given for nonprofit directors and officers.

As discussed more fully in this manual, nonprofit directors and officers can be protected through indemnification, state liability limitation statutes, a thorough loss prevention program and a comprehensive nonprofit directors and officers insurance policy.

Glossary of Risk Management Terms - The Glossary of Risk Management and Insurance Terms is taken from the book Coverage, Claims & Consequences: An Insurance Handbook for Nonprofits, published by the Nonprofit Risk Management Center (www.nonprofitrisk.org), a nonprofit serving other nonprofits through articles, books, online training, workshops, conferences and consulting with a nonprofit's slant on managing risk. The link to the Glossary is provided with the Center's permission.

All of our forms are provided in PDF format which require Adobe Reader 5.0 (or above) to be viewed or printed. You can download a free version of Adobe Reader from Adobe's website.




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