BACDS has at least once had a potential board member decline because he was afraid of
losing his house. When we looked into D&O insurance then (10+ years ago) it seemed
ruinously expensive, maybe because the org was losing money annually at the time. The
recommendation we were given then was to get a rider on our individual homeowner's
insurance, which I lackadaisically looked into but didn't do anything about. (My
employers have a group legal benefit which I've signed up for, so for a small monthly
fee you get representation without per-incident charges, and I'd start there if I got
sued as a Board member.)
-- Alan
On 6/7/2019 2:22 PM, Craig Meltzner via Organizers wrote:
North Bay Country Dance Society (NBCDS) is a medium-size CA dance organization (about 90
dances per year – contra, ECD, family, Morris team, two dance weekends), a CDSS affiliate,
with a volunteer Board of Directors. NBCDS has been around 25 years. Our Board is
discussing whether to purchase Directors and Officers liability insurance. We have a quote
from a local broker for a $1 million limit of liability, claims-made policy with a $5,000
deductible for annual cost of $850. Reputable insurance company – same one which provides
general liability coverage for NBCDS through CDSS insurance program. We’ve researched
D&O, understand what it covers and what it doesn’t, had one Board discussion without a
decision. Not a cost we couldn’t cover but not insignificant either.
Arguments for obtaining coverage – protects individual Board members thereby encouraging
participation, particularly among higher net-worth individuals; provides for defense costs
in case of frivolous suits. Arguments for not obtaining coverage – 1) our 25 year history
of having no actions taken against us; 2) the fact that our mandate is so narrow - we put
on dances; 3) the people who come to our dances understand that they are social events
and we don't seek a community with special needs or vulnerabilities; 4) we're an
all-volunteer run enterprise; 5) we don't make (much) money which makes us much less
of a target; 6) if there was a suit, it is unlikely that personal assets would be sought.
Do any of you involved with similar non-profit organizations have information to share
about D & O coverage? Do you have it/thought about getting it? Decided not to get it?
Know of any dance/music/song organizations and their Board of Directors which have faced a
suit of any kind which would be covered by D & O insurance? Thanks.
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