JCamp 180 AnnualConference 2015
November 1, 2015
Michael Labadorf, CPCUExecutive Vice President
I. Words of Wisdom for the Camp Insurance Buyer
II. Certificates of Insurance
III. Camp Claims & Lessons Learned
Topics
Words of Wisdom for the Camp
Insurance Buyer
What does it cover? Most often includes employment practices liability (EPL).
Vast majority of nonprofit claims are EPL, not D&O Most D&O/EPL policies share one limit of liability so EPL
claims erode what’s left for the D&O’s. Options are split the limits, increase the limits, or buy separate side A D&O coverage.
D&O/EPL coverage ‘goodies’: ◦ Defense costs in addition to limits◦ No hammer clause or most favorable allocation◦ Wage & hour defense◦ Punitive damages with most favorable venue clause◦ Qui tam coverage◦ Third party EPL
Director’s & Officer’s Liability
Flood versus Water Damage. Hurricane Sandy, Massapequa, NY 8/12/14 – 13.6” of rain, October ‘15 S.C. flood disaster
Building Ordinance A, B, C Property in the open Video all major buildings (dining hall loss). Take digital
photos of all memorabilia
Property Insurance
Off premises service interruption Business Income due to food contamination &
communicable disease Property of campers & staff Be circumspect scheduling inland marine items. Many
items are automatically covered under personal property coverage. Insure to true replacement cost – boats especially
Cash – spike periods, cover cash left in camp safe, keeping records to justify loss
Property Insurance
Employee Benefit Liability and Fiduciary Liability Leased office space – mutual waiver of subrogation for
insured losses, fire damage legal liability Pollution. Don’t focus only on known fuel tanks Employment Practices Liability Cyber Liability Transmittable Pathogens Foreign liability, auto, and workers comp Suspend auto liability & collision for vehicles laid up during
the off season Have strong venue clause in camper contracts Not all sex abuse forms are equal. Beware the perpetrator
form or forms that limit coverage only while victim is abused at camp
Liability Insurance
Camper Accident Medical & Sickness Report every incident that could give rise to a claim Fidelity ‘social engineering’ coverage Workers Compensation experience modification, and split
point changes. Prior to 10/01/13, losses were capped at $5,000. Now: ◦ As of 10/1/13 - $10K of every claim goes into the formula◦ As of 10/1/14 - $13.5K of every claim goes into the
formula◦ As of 10/1/15 - $15K of every claim goes into the formulaReview unit stat cards, experience mod worksheets, and
your loss runs. Review and learn from every claim, push return to work policy
Miscellaneous Insurance Issues
Certificates of Insurance
Critical, critical, critical! Many big & nasty claims can easily be avoided or mitigated by evidence of proper insurance
When to ask for one; when to give one
Read it carefully. The devil is in the details
Certificates of Insurance
Additional insured on a primary, non contributory basis
Contractors – no injury to employee or 3rd party action over exclusion
Written contracts with strong indemnity in your favor and extensive insurance clause are a must
Certificates of Insurance
Camp Claims & Lessons Learned
Camp Claims & Lessons Learned
Camp Claims & Lessons Learned
Camp Claims & Lessons Learned
Camp Claims & Lessons Learned
Camp Claims & Lessons Learned
Camp Claims & Lessons Learned
Camp Claims & Lessons Learned
Camp Claims & Lessons Learned
Camp Claims & Lessons Learned
Camp Claims & Lessons Learned
Camp Claims & Lessons Learned
Camp Claims & Lessons Learned
Camp Claims & Lessons Learned
Camp Claims & Lessons Learned
Camp Claims & Lessons Learned
Camp Claims & Lessons Learned
Counselors on time off injured at camp. Is it a liability or workers comp claim? Lines are blurred and laws vary by state. Where possible, keep WC and Liability with same insurer. No room for denial and much quicker, coordinated and less expensive claim.
Don’t focus solely on campers and counselors. Workers compensation claims from maintenance and year round staff are a growing, serious, and expensive problem. Nationally, workers compensation is the worst performing line of insurance. Have separate orientation for these staffers and enforce safety protocols and review every accident with the goal of non recurrence.
Camp Claims & Lessons Learned
Michael [email protected]
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