Ask Rita: Do Nonprofits Need Insurance for Volunteers?
Is it a good idea to have insurance for volunteers? I thought volunteers had immunity in both federal and state laws.
A lot of harm can happen if your nonprofit doesn’t have insurance for volunteers.
Dear Rita:
I recently read an article that said it was a good idea to have insurance for volunteers. I thought volunteers had immunity in both federal and state laws. Should I be doing something to protect my nonprofit?
Signed,
Curious in California
Dear Curious:
Volunteer immunity laws are common, but they almost always contain a provision that the volunteer’s immunity only applies to claims that exceed the insurance policy limits carried by the nonprofit. That means both the nonprofit and/or its volunteers need to have coverage available to provide a defense to lawsuits that have a monetary value that is less than the policy limits — and almost all of them fall within that category (e.g., a fender bender with minor property damage or injury). In addition, volunteer immunity laws do not prevent claims against the nonprofit brought by one of its volunteers.
Some (Unfortunately True) Worst Case Scenarios
What can happen, really? A lot, actually. Here are some claims scenarios culled from over 20 years of data at Nonprofits Insurance Alliance.
- A volunteer on agency business ran a stop sign and hit a vehicle whose driver wound up paralyzed from the neck down. The volunteer’s own personal coverage had lapsed, so the agency’s auto coverage became primary and the claim was settled for the $2,000,000 in available limits.
- Volunteers were clearing a field and one of them, while using a chainsaw, sent a flying object into the eye of another volunteer. The sight in that individual’s eye was lost and the claim settled for more than $1 million.
- A volunteer sexually abused multiple children over a four-year period. The nonprofit had not provided adequate supervision and was held responsible for $4,000,000 in claims.
- A volunteer claimed that the nonprofit had discriminated against him because of his sexual orientation. The claim settled for $750,000, most of which was for plaintiff attorney fees.
- A volunteer slipped and fell on the nonprofit’s floor and fractured her hip. She sued the landlord who turned out to be an additional insured on the nonprofit’s insurance policy. The claim settled for $550,000, which included a Medicare lien.
Average Cost of Claims
The examples above may represent the headliners, but even the average costs of claims are still not negligible for most nonprofits. Here are the average costs of claims brought by or against volunteers:
- General Liability – $12,000
- Auto Liability (with injury) – $6,000
- Social Service Professional – $62,000
- Improper Sexual Conduct – $78,000
And even when a claim does not have merit, someone has to defend the volunteer and the nonprofit.
How You Can Protect Your Volunteers
So by now you probably realize the answer to your question (Should I be doing something?) is yes. Obviously, it is important to have appropriate insurance in place to cover the nonprofit’s various exposures (auto, premises liability, professional, sexual misconduct).
Make sure that these policies include volunteers as additional insureds. This not only has the benefit of protecting volunteers if they are sued, but also makes your organization more attractive to volunteers who know they have insurance coverage in place while doing their volunteer work.
In addition, make sure the activities your volunteers engage in are as safe for them as they are for the general public. This risk management approach minimizes the adverse effects of losses that do occur, demonstrates your due diligence, makes your nonprofit an attractive “risk,” and can, in some circumstances, meet funder/insurer minimum requirements.
Finally, consider Volunteer/Participant accident insurance if your organization is large enough. This will typically provide excess insurance over group insurance (if there is any) on a no-fault basis. Also, some states allow volunteers to be covered under workers’ compensation policies. This would provide no-fault insurance coverage for injuries to the volunteer incurred while volunteering.
Check with your insurance broker or agent to see if this type of coverage is right for your organization.
You might also like:
- Treasurers of All-Volunteer Organizations: Eight Key Responsibilities
- Drive Your Nonprofit’s Mission by Investing in Your People
- Supporting Caregiver Employees in the Nonprofit Sector
- Increase Safety for Your Nonprofit’s Team
- Ask Rita in HR: Should Murphy’s Law Be a Consideration in Making HR Decisions?
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About the Author
Chuck Hewittis Claims Technical Director at Nonprofits Insurance Alliance. Prior to this position he held successive executive positions with Liberty Mutual, Western Employers, Industrial Indemnity and Zenith Insurance Companies. Chuck is a past president of the Los Angeles Claim Managers’ Council, past national co-chair of the National Association of Independent Insurance Adjusters National Advisory Council (on which he still sits), and a Past President and member of the Board of Directors of Big Brothers Big Sisters of Santa Cruz County. His dog Lucy claims to know nothing about insurance.
Articles on Blue Avocado do not provide legal representation or legal advice and should not be used as a substitute for advice or legal counsel. Blue Avocado provides space for the nonprofit sector to express new ideas. The opinions and views expressed in this article are solely those of the authors. They do not purport to reflect or imply the opinions or views of Blue Avocado, its publisher, or affiliated organizations. Blue Avocado, its publisher, and affiliated organizations are not liable for website visitors’ use of the content on Blue Avocado nor for visitors’ decisions about using the Blue Avocado website.
I'm the president of our homeowners association, a nonprofit. We have insurance that includes directors and officers. Recently we got a second policy to cover legal costs in case of a suit. The limits of the first were increased by a previous board, and I was responsible for the second policy, based on advice of an attorney for the HOA. The reason for both is a homeowner, a retired attorney, who tends to threaten a lot when things don't suit him. Because of the increased insurance, our annual fees will have to be increased, which also won't suit him. He claims we don't need any insurance, since we are all volunteers. What's a good response to someone like that?
Definately a good article to read for someone as a CSR!
Almost all nonprofit board members are volunteers. They are held to the same fiduciary responsibilities as for-profit board members. This includes any personnel actions they take or ratify. For these reasons alone every nonprofit should have Directors’ and Officers’ liability coverage that will defend and indemnify both the organization and its board (as well as other key personnel such as directors, employees and volunteers, and if applicable, committee members, interns and students in training).
Chuck Hewitt
We were advised by our insurance company that the Volunteer Protection Act covers directors and officers from liability when officers have acted in good faith and that the reason to have coverage was to cover legal costs. We reduced our D&O policy from $1 million to $500,000. Does this seem reasonable?
Both the Federal and State Volunteer Protection Acts vary in the scope of the protection afforded, the immunities provided up to insurance limits, and the types of fiduciary responsibilities (such as acting in good faith) protected. The State you are in, the size of your nonprofit, the judicial climate, and other factors would determine appropriate D&O limits, which your broker should be able to help you assess. There is also a liability exposure should a judge or jury determine your Board had not acted in good faith.
If you include volunteers on your organization's own liability policies, just remember you are sharing your policy limits with volunteers. Do you really want to risk degrading your organization's limits, and having your claims experience affected and premiums increased, because of something a volunteer might do (maybe a volunteer you really don't know very well)? You can insure volunteers separately, and protect your limits, while still providing a valuable benefit to the volunteers. If volunteers are included on your business auto policy, they are covered only for incidents that occur while "transporting your clients or other persons," and are not covered for claims by other volunteers or employees who might be riding with them. As far as including volunteers on workers' compensation policies is concerned (in states where that is an option) — Very expensive. Accident medical insurance is MUCH less expensive, if you are willing to accept a limit of $50,000. William Henry, CIMA Volunteers Insurance
What professional liability coverages are recommended and available to not-for-profit volunteers working as child advocates within the court system, and among what often are the most vulnerable and troubled of client populations? Should volunteers expect these types of non-property liability coverages to be provided for the volunteer by the not-for-profit? Thank you.
Yes – volunteers should expect the nonprofits where they volunteer to provide adequate coverage for their activities as volunteers. It is good practice for individuals to make sure this coverage is in place before committing to volunteer at an organization. For this particular type of volunteer work, you should ensure that coverages include sexual abuse, professional and either workers comp or accident insurance which extend to the activities of the volunteer in the event that the volunteer is accused of something (ISC) or that the volunteer is injured (accident or workers comp).
As a general rule, the type of coverage and limits needed will vary depending on the particular nonprofit’s size and activities, but in the case of the type of volunteers you are describing such as child advocates in the court system, the coverages mentioned above are essential and should always be provided by the nonprofit rather than the individual volunteer. Nonprofit organizations may get a quote for coverage here: www.insurancefornonprofits.org