Legal Liability of Scouters

[Bob White]

If you are sued in a liability case stemming from your role as a registered leader in the BSA contact your lo0cal scout office. If you have followed the guidelines and policies of the BSA you will be provided legal assistance and any fees or fines will be paid by the BSA.

 

Your homeowners protection will most likely NOT cover injuries sustained by others from decisions you made or failed to make on a scout activity. That would normally require a personal liability umbrella such as the one provided you by the BSA at no additional cost to you.

 

 

 

 

 

[Vicki]

Actually, researching this was part of my Wood Badge ticket:

[acco40]

(from the Central Florida Council)

Comprehensive General Liability Insurance

This coverage provides primary general liability coverage for registered volunteer Scouters with respect to claims arising out of an official Scouting activity with the exception that the coverage is excess over any insurance which may be available to the volunteer for loss arising from the ownership, maintenance, or use of a motor vehicle or watercraft. This insurance is only available while the vehicle or watercraft is in the actual use of a Scouting unit and being used for a Scouting purpose. Coverage is more than $15 million for bodily injury and property damage. Because of the high limits, volunteers should NOT be placed in a position where their assets are jeopardized because of a negligence liability claim or lawsuit.

 

The insurance provided unregistered Scouting volunteers through the BSA general liability insurance program is excess over any other insurance the volunteer might have to his or her benefit, usually a homeowner's, personal liability, or auto liability policy.

 

There is no coverage for those who commit intentional or criminal acts.

 

(from Cascade Pacific Council)

Effective March 1, 2001, the Boy Scouts of America broadened its liability insurance coverage for all volunteers. Previously, the liability insurance coverage was on a secondary basis (above/beyond the limits of whatever personal insurance you might have carried, usually a homeowners, personal liability, or auto liability policy.) Now Scouting volunteers will be covered on a primary basis from the first dollar of lawsuit with respect to any official Scouting activity. Liability coverage arising from automobile claims will continue to be covered on a secondary (excess) basis. Up until now, only the chartered organizations had primary coverage. I hope this news is helpful when recruiting new volunteers that may have concerns in this area.

 

(from Longs Peak Council)

Comprehensive General Liability Insurance

This coverage provides protection for the Council, all Scouting professionals and employees, Scouting Units, chartered organizations, and volunteer Scouters (whether or not registered) with respect to claims arising in the performance of their duties in Scouting. Coverage is more than $15,000,000 for bodily injury and property damage.

The insurance provided to Scouting volunteers through the BSA General Liability Insurance program is excess over any other insurance the volunteer might have to his or her benefit, usually a homeowners; personal liability, or auto liability policy. There is no coverage for intentional or criminal acts. By providing insurance coverage to volunteers on an excess basis, BSA is able to purchase higher limits. Because of the high limits, volunteers should NOT be placed in a position where their assets are jeopardized because of a negligence liability claim or lawsuit.

 

 

(from Warren Zevon who no longer needs insurance coverage)

Well, I went home with the waitress

Just like I always do

How was I to know

She was with the Russians, too

 

I was gambling in Havana

I took a little risk

Send lawyers, guns and money

Dad, get me out of this

 

I'm the innocent bystander

Somehow I got stuck

Between the rock and the hard place

And I'm down on my luck

I'm down on my luck

 

Now I'm hiding in Honduras

I'm a desperate man

Send lawyers, guns and money

The **** has hit the fan

 

Send lawyers, guns and money...

[Bob White]

I am curious what insurance company you spoke with Vicki. It was my understanding that the liabilty umbrella is a self-insured fund by the BSA and does not reside with any outside carrier.

[Vicki]

BW, some of it is self-insured and some is through a combination of companies - to total $15 million. Liberty Mutual is one of them, I don't know the others. A very large portion of it is self-insured.

 

The Council Accident and Sickness Plan is also available from a number of carriers, depending on the council. Ours is with ACE American Insurance - another one I found is Mutual of Omaha.

 

Vicki

[cajuncody]

Sorry to be dense but what does my homeowner's insurance have to do with it? We don't meeet at my home and we don't have any acitvities at my home. We meet at the CO. Does this mean that I am also relying on the CO's insurance?

Kristi

[Hunt]

I think some people may be concerned that if they inadvertently fail to follow all BSA rules perfectly, that they will be left hanging with no defense and no insurance. This is not the case--and it would not be in BSA's interest to do this.

That being said, everyone should follow the safety rules, first because they're designed to protect the scouts, second to protect against personal liability, and third, to protect BSA from liability. While I want BSA to defend me if I get sued, I'd rather that BSA not have the need to spend money on defense at all.

[Vicki]

Cajun, to answer your question - the reason your homeowner's comes into it is because there is usually a liability component to that insurance coverage. See Eisely's post. I would also suggest you call your insurance agent.

 

As far as your CO's insurance - for example, if someone trips over a loose bit of carpet at a Scout meeting and breaks an ankle, the CO's insurance would be primary since the accident was a result of their "negligence" in having a condition that could cause an accident. If, OTOH, at that same meeting, you are in the parking lot doing lashings and a scout's head gets bashed with a timber and no scouter was around to prevent it (tree falling in the forest?) the parents could conceivably sue and recover damages from the BSA liability insurance, not the COs.

 

Vicki

[Bob White]

If, OTOH, at that same meeting, you are in the parking lot doing lashings and a scout's head gets bashed with a timber and no scouter was around to prevent it (tree falling in the forest?) the parents could conceivably sue and recover damages from the BSA liability insurance, not the COs.

 

That medical costs from such an accident would be covered by the BSA accident insurance, so there would be no need to sue for medical costs. If however the scout died from the injury and the CO or leaders were sued by the parents then they would be protected by the liability umbrella IF they had followed the BSA policies.

 

 

 

[Vicki]

BW, I never said medical costs, I said damages. Two different things in "insurancespeak."

 

I also stand by my previous post - if you are a registered leader, the BSA cannot choose to not cover you. They can take you to court for your own negligence, but that's not the same thing, either.

 

Vicki

[Vicki]

except for intentional or criminal acts.

 

You are covered in the event of negligence, which is basically what we're talking about here.

 

Vicki

 

 

[packsaddle]

From the day I started working with other people's children, I added a personal liability umbrella policy to my homeowner insurance (not as big as BSA's but $1 million isn't chump change either). I did this because having it (just like all my fishing equipment) virtually assures that I will never need it.

[FScouter]

"... if you are a registered leader, the BSA cannot choose to not cover you."

I suppose that if BSA is self-insured, it would be up to BSA to decide whether or not to stand by a leader that did not follow the rules and policies of BSA and a loss occured as a result. No?

[Vicki]

All, I would suggest that questions along the lines we're covering here would best be directed to your council representative. What we're discussing is conjecture at best. What I have reported is what I learned from an insurance company rep combined with my own experience with insurance, self-insured or not. This is not intended to be defensive, arrogant or rude, simply saying that this is a subject best discussed with people who can be held liable for their answers.

 

Vicki

[Eamonn]

I hate insurance companies.

If I had all the money that I paid out for insurance I would be a very rich man. At one time I was paying $9,000 a year for Liquor Liability insurance. When I asked if I could be self insured I just held that amount of money in a company account and everyone was fine, it took me ten years to find that out.

When we recharter we pay an extra dollar for some sort of insurance. The SE gave me details last week. They are still in the car, I will post what they are when I get there.

National BSA has arranged for accident and sickness insurance for everyone participating in the 2005 National Jamboree.

Posted on the Jamboree site:

The National Boy Scouts of America headquarters has arranged for accident and sickness insurance coverage for every participant of the 2005 National Scout Jamboree. This coverage is above and beyond any council- or unit-purchased coverage that may be in force for your Scouts and leaders. The cost of this insurance is included as part of the national jamboree fee.

 

Coverage for registered members of the BSA will be effective beginning with their travel from their homes to the jamboree site, from the jamboree site back home, and during their stay at the jamboree. Scouts and leaders also are covered under this program during the time of their prejamboree training.

 

Scouts and leaders attending the jamboree as representatives of international Scout associations will be covered from their arrival in the United States to their arrival at the jamboree site, during their stay at the jamboree, and during the return to their point of departure from the United States. Coverage does not apply to employees of the BSA (national and local councils) while they are covered by any statutory workers' compensation policy.

 

Note: Scouts (including those from international Scout associations) will be covered under this insurance plan only when they are traveling to and from the jamboree in the United States and are participating in the jamboree as a group under the supervision of their contingent leaders.

 

Benefits for Accidental Death, Dismemberment, Heart Failure, Loss of Sight, and Paralysis

Accidental death$10,000

Loss of one hand or foot, arm or legUp to $5,000

Loss of thumb and index finger of the same handUp to $2,500

Loss of two or more hand(s) or feet, arm(s) or leg(s)Up to $20,000

Heart failure$10,000

Loss of sight$5,000

Paralysis (paraplegia or hemiplegia)Up to $10,000

QuadriplegiaUp to $20,000

If multiple losses or death occur, only one benefit amount, the largest, will be paid for all losses due to the same accident.

 

Benefits for Medical Expenses, Dental Treatment, and Ambulance Services

Medical Expense Benefits: The benefits under this section are payable on a Primary $300/Excess Basis. This means the first $300 of any eligible claim will be paid regardless of whether the insured person has other collectable insurance. After the first $300 has been paid, the coverage becomes Excess, meaning benefits will be paid for those eligible expenses not covered by the insured's primary, or main, group or individual health insurance plan or prepaid health program. The goal of the national jamboree insurance coverage is that all eligible expenses are paid by the combination of insurances and there are no out-of-pocket expenses incurred by the insured or his parents. In the event the insured does not have primary health insurance, the national jamboree policy will become primary.

 

Medical expenses benefits are per injury or sickness, and benefits are payable for medical emergency care expenses incurred within 72 hours of a covered accident, medical or surgical treatment, prescription drugs, hospitalization, durable medical equipment, or the exclusive services of a private duty nurse that begin within 60 days from the date of the accident. Benefits will be paid for services or treatment performed and supplies furnished within 52 weeks of the date of the covered accident up to the usual and customary charges normally made within the geographic area where the treatment is performed.

 

Accidental Medical Expense Benefits: Up to $15,000.

Specified Injury Expense Benefits: Up to $35,000. Maximum benefits of up to $35,000 will be paid for medically necessary treatment due to the following specified injuries: (a) loss of sight in both eyes, (b) dismemberment, © paralysis, (d) irreversible coma, (e) entire loss of speech, or (f) loss of hearing in both ears.

 

Sickness Medical Expense Benefits: Up to $7,500.

Dental Treatment Benefits: Up to $5,000. Dental benefits pays for dental injuries up to $5,000 for treatment and/or replacement, including dental x-rays for the repair, of each injured tooth that is whole, sound, and a natural tooth. If within the 52-week period your attending dentist certifies that dental treatment and/or replacement must be deferred beyond the 52-week period, this benefit will pay the estimated cost for covered expenses incurred for such treatment. This benefit will be in addition to any other benefit payable under the policy.

 

Ambulance Service Benefits: Up to $6,000. Benefits will pay up to $6,000 for ground transportation from the emergency site to the hospital (included is an air ambulance when, in the judgment of a duly authorized medical authority or senior representative of the camp or activity, such service is required to facilitate treatment of injuries and no other ambulance service is available). This benefit will be in addition to any other benefit payable under the policy.

 

Return Transportation Expense Benefit: Up to $1,500. Benefits will pay up to $1,500 incurred if, as a result of a covered accident, the insured's doctor requires him or her to return home from the jamboree. This benefit includes the cost of one person to accompany the insured on the trip. Benefits will not be payable unless it is authorized in writing or by an authorized electronic or telephonic means all expenses, in advance.

 

Weekly Disability Indemnity Benefits: All registered adult leaders 21 years of age or older (18 if an assistant Scoutmaster) are eligible for this benefit.

 

When covered injuries result in total disability beginning within seven days after the date of an accident, benefits will be paid for one day or more during such total disability at the rate of $200 for each full week, not to exceed 52 weeks for any one accident.

 

Total disability means that period of time during which you receive medical treatment, are wholly and continuously disabled, and are completely unable to engage in your occupation.

 

Exclusions: This policy does not cover (a) the cost of medical or surgical treatment or nursing service rendered by any person employed or retained by the Boy Scouts of America or Learning for Life; (b) suicide or any attempted suicide; © intentionally self-inflicted injuries; (d) eye refractions or the replacement or fitting of eyeglasses, contact lenses, or hearing aids; (e) loss caused by an act of declared or undeclared war; or (f) dental treatment or dental x-rays, except for injuries to sound, natural teeth.

 

Benefits are not payable for any injuries covered under workers' compensation or employer's liability laws or similar occupational benefits.

 

Claims: Prompt notice of any claim for benefits is necessary. Report all accidents and injuries to Health and Safety Services or council Scout executive as soon as possible. For your convenience, a claims representative will be on the jamboree site and may be contacted through the Health and Safety Service.

 

For claims made after the jamboree, contact Insurance and Risk Management, S402, at the national office. See appendix I.

Many Councils are now shopping for the best deal on liability insurance.Great American Custom Insurances Services, which provides general liability protection for Boy Scouts of America, is paying for the Emergency Prepared award patches. A patch for each member of the jamboree unit.

Eamonn.