·The board member is at the club over the weekend to straighten up the premises on her own initiative.

·The board member is on club premises as a guest at a social event, such as a wedding. (The club is rented out to members for personal social events, such as weddings and anniversary parties.)

Pennsylvania Subscriber

A

From your point of view there are two main considerations: (1) determining when you might be responsible for defending this individual for a third-party claim; and (2) determining when you might be responsible to provide medical payments coverage to her should she be injured on the premises.

The CGL specifically states that directors are insureds only in regard to their duties as directors. Liability coverage is available to insureds. Medical payments to others coverage is excluded for any insured. So we must determine whether the activities relate to her duties as a director.

The first scenario—straightening up before and after board meetings—appears to be the situation in which she most likely would be considered an insured. If a case can be made that picking up trash before and after board meetings is related to the meetings and, therefore, related to her role as a director, she would be considered an insured. For example, if part of her responsibilities for the meetings is preparing the meeting room, she would be considered an insured for that activity.

In the second scenario, the connection is weaker. Simply stopping by to voluntarily pick up trash does not appear to be related to her role as a director unless the bylaws state that this type of activity is expected of directors and officers. The bylaws should be reviewed to determine the scope of duties for directors and a decision made based on the requirements set forth in the bylaws.

We do not believe that the individual would be considered an insured when on the premises strictly as a guest at, say, a wedding. However, if she were representing the club at the event in her official capacity, she would be considered an insured.

Therefore, medical payments to others coverage probably would be available to her for the second and third situation.