Business Pursuits—Charitable and Social Boards

A question has come up as to whether liability arising from an individual's service without pay as a board member, officer, or trustee of a religious, social, fraternal, charitable, or governmental organization is excluded from the homeowners liability coverage under the section II business pursuits exclusion of the policy. What coverage, if any, do homeowners insureds have for this exposure?

Iowa Subscriber

Activities arising out of volunteer work for charitable, educational, governmental, or similar organizations are generally not considered to be business pursuits, so there is coverage to the extent provided by the homeowners section II personal liability insurance for bodily injury, property damage, and (if included under the coverage) some additional types of personal injury.

 However, a distinction must be made between these types of nonbusiness organizations and organizations such as chambers of commerce that, even though not for profit, are designed to further business purposes. Work for a chamber of commerce or similar business-related group might very well be viewed as a business pursuit even though it may benefit the insured's business interests only indirectly. In such cases the individual is well advised to determine whether the organization's liability insurance covers volunteers as additional insureds.

 A further consideration, even with charitable organizations, condominiums associations, school boards, and the like, is the possibility of fiduciary liability or liability of the sort covered under directors and officers liability insurance for actions involving damages that fall outside of the homeowners coverage.

 For this reason it is a good idea for anyone serving as any officer, trustee, or board member of such organizations to encourage the organization to provide D&O coverage and, where appropriate, fiduciary liability coverage, since homeowners section II does not cover those exposures. Some personal umbrella policies will cover these exposures above the uninsured retention, but umbrellas are by no means uniform in this respect. Very affluent individuals who serve as officers or on the board of several organizations may be able to arrange coverage under their own D&O policies, covering even those activities that might be business-related.

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