Since the organization for which Public was performing services has no general liability policy, there is no question here about possible coverage of medical payments for Public's hand injury. Public must rely on his own health insurance for the cost of his care.

The Tables Turn
Now, if the humanitarian group does have liability insurance, then the situation changes somewhat. Under the current commercial general liability (CGL) coverage form, Public, as a volunteer, is an insured while performing duties related to the conduct of the named insured's business. However, volunteers are not insured for injury to other volunteer workers while performing duties related to the business. So, Public would have no general liability coverage for injuring his fellow volunteer. The CGL form excludes injury arising out of the ownership or use of any auto owned or operated by any insured. Public is an insured under the group's CGL form, so the auto exclusion prevents any coverage for Public for backing his car over the passerby's foot. Public's personal auto policy is still the place to look for liability coverage in this instance.

The group's CGL form will provide medical payments coverage for the injury Public caused to himself since his injury was caused by an accident due to the operations of the named insured. The form does exclude coverage for injury to any insured except for volunteers such as Public.

Volunteering for Pay
Consider another scenario. Public is a member of a local chapter of the National Parent Teacher Association (PTA). Although he volunteers at an amusement park, performing as a paid employee,  the PTA collects the compensation that would normally be due to him. Public does not directly receive a paycheck or any type of wage statement from the park. While at work one night, Public accidentally hits a customer with a bag of ice, loudly accuses another customer of trying to steal money from the till, and trips over a pile of boxes he threw in the back of the soft drink booth, breaking his leg. While recuperating in the hospital, Public learns that he is being sued by the two customers and is handed a $5,000 hospital bill. Public then begins to wonder what his insurance may cover.

Concerning the lawsuits filed against him, Public has at least three liability policies that may provide some coverage.

In this situation, liability coverage provided by his homeowners' policy has to be seen in connection with the business exclusion discussed previously. Coverage for injury arising out of or in connection with a business engaged in by an insured is excluded by the policy. Public cannot use the volunteer exception found in the “business” definition because money was received. However, there is an exception in the definition that may help: Work performed for a business does not include an activity for which the insured receives no more than $2,000 in total compensation for the 12 months prior to the when the policy began. If Public did not receive any payments from the amusement park prior to this particular event, then the business exclusion would not affect Public's liability coverage under his homeowners' policy for the injury claim. However, coverage applies to bodily injury and the definition of bodily injury in the policy does not include injury arising out of insults or slander. Thus, Public's slandering of the customer as a thief is an offense not covered by the homeowners' policy.

The park's liability policy would apply to Public if he were considered an employee of the park or a volunteer (or if he were added as an insured through an endorsement). As an employee or volunteer, he would be covered because he was performing duties related to the conduct of the park's business when he injured one customer and publicly slandered another. His status as an employee can be disputed, though, since he was not actually paid by the park and there was no employment contract. Public's status as a volunteer, however, is a bit more defined because he donated his services, was working at the direction of and with in the scope of duties determined by the park, and was not paid or compensated by anyone for his work.

The third liability policy to consider is the PTA's policy. Public can be considered a volunteer, thus considered an insured under the terms of the policy, because he was performing activities on behalf of the PTA and working so that the PTA could receive the benefits of his labor. The PTA's liability policy would owe Public defense and indemnity.

The liability for Public's own injury, however, depends mostly on his status in relation to the park and to the PTA. If he is considered an employee, then he has no coverage under either entity's general liability policy; this would be a workers' compensation issue. But, as a volunteer, med pay coverage is available to Public under both policies.

In summary, people may be giving more than their time and effort when they become volunteers. Although volunteerism is a wonderful thing, charitable souls need to be aware of the risks that they face in assuming the role.