All The issue of liability insurance coverage for ARES volunteers is a pressing concern in many jurisdictions as more and more served agencies/organizations are requesting that volunteers sign waivers that include blanket indemnity clauses. As Bob observed, some coverage — either private or government — exists, but it is not universal. There is no indication that Minster and/or A&F have pursued a resolution of the concern. Tom, KT8Y's, concerns regarding the defects in the Club policy that is offered are troubling and if valid, those concerns indicate that the promised coverage in some instances is illusory. These defects — discovered by an insurance professional — must be addressed. Were a Club to suffer a substantial financial loss due to a defective insurance policy the League represents provides ironclad protection, the fallout would be damaging to the League. The League needs to involve KT8Y and insurance professionals to address the shortcomings in the Club policies. By professionals I do not mean the clown show of Murtha Cullina. Insurance is a specialty and this matter needs to reviewed by both industry experts and attorneys whose practice specializes in insurance matters. And it needs to be be done sooner rather than later; too much time has already passed since the issue was brought to our attention. Were a substantial financial loss to be visited on one of our insureds due to the defects in the policies, our knowledge of the defects and our failure to take action to remedy those defects while continuing to promote the safety of the policies could expose the League to an adverse judgment — on a number of legal theories. _______________________________________ John Robert Stratton N5AUS Director West Gulf Division Office:512-445-6262 Cell:512-426-2028 P.O. Box 2232 Austin, Texas 78768-2232 *_______________________________________*** ** On 11/5/23 4:12 PM, Famiglio, Bob, K3RF (Dir, AD) wrote:
This might be a good time to raise an ongoing concern. ARES members have often been asking how they can personally insure against losses and possible hazards if injuring someone while serving. Not all homeowners or renters policies cover such nonprofit activities. I have recently found some do not (and some carriers have told our members they do not) and some do with a rider, an umbrella policy or just extend coverage to certain non-business social activities. The liability insurance subcommittee of the ECFSC reviewed the ARES liability issues from an insurance standpoint and found that carriers we approached (including the present one) were uninterested in a separate, individual policy product offering (non-club as ARES is not a club).
In the process of undertaking this task, Director Stratton and I presented a well-attended liability insurance seminar at the last Dayton convention on this topic. Although we did not undertake to review the existing club liability policy offered by the League, we had the good fortune of meeting and conversing with a retired lawyer at the seminar who practiced and litigated strictly insurance coverage issues and evaluated policy language. Tom, KT8Y, a long-time ARRL member, reviewed the existing club policy we promote and raised some serious concerns about the effectiveness of the liability protection it offered, or did not. I spoke with him about it after he provided an evaluation.
The ECFSC insurance subcommittee was folded by our chairman Dale Williams so nothing further was pursued in that regard. But Dale did tell us the remaining matter raised by Tom was forwarded to the CEO and to A&F for some further action, whatever that turns out to be. Would this be a good time to finish an analysis of Tom’s concerns and speak to our program administrator before this goes to much further? Would anyone on the board like a copy of Tom’s evaluation and concerns about the problems with the existing liability (not the equipment protection) policy we promote? Let John or I know if you are curious. The issue had to do with the poor compilation used in the policy language which appeared likely to have been an poorly considered cut and pasted from a commercial business policy according to Tom.
*Bob Famiglio, K3RF*
ARRL Atlantic Division Director
610-359-7300
www.QRZ.com/db/K3RF
*From:* arrl-odv <arrl-odv-bounces@reflector.arrl.org> *On Behalf Of *Middleton, Diane, W2DLM (CFO) *Sent:* Sunday, November 5, 2023 11:22 AM *To:* w7vo@comcast.net *Cc:* arrl-odv@reflector.arrl.org *Subject:* [arrl-odv:35317] Re: Club Liability Policies
Mike,
Let me get a well written statement done tomorrow that you can send out. I rushed to get this to odv asap in case anyone heard something over the weekend.
Diane
-------- Original message --------
From: Mike Ritz <w7vo@comcast.net>
Date: 11/5/23 10:51 AM (GMT-05:00)
To: "Middleton, Diane, W2DLM (CFO)" <dmiddleton@arrl.org>
Cc: arrl-odv@reflector.arrl.org
Subject: Re: [arrl-odv:35315] Club Liability Policies
Diane;
Can the above be quoted and text out into a Division newsletter?
Thanks!
Mike
W7VO
Sent from my iPhone, utilizing a very tiny keyboard fed from very fat fingers
On Nov 5, 2023, at 5:49 AM, Middleton, Diane, W2DLM (CFO) <dmiddleton@arrl.org> wrote:
Dear ODV-
You may hear from some members in a panic that they received a letter stating that their Club Liability Insurance policies are not being renewed. We have learned that Marsh/AIG are not renewing any of these policies that remained with them after the transfer to our program. I am told that these letters are not very friendly.
Short version – these policies are not part of our program but the Clubs can move to our program with Risk Strategies by going to *arrlinsurance.com* or calling *1-866-819-0209*.
For those of you who have not been on the board for many years- a little history – The ARRL Club Liability and Equipment Insurance Program has changed administrators and, therefore underwriters multiple times over the years. Despite very public announcements many of the policy holders who have never had a problem just kept renewing with the old program administrators/underwriters. When these folks have issues with their policies, we cannot help resolved their concerns. In recent weeks there has been an uptick in members contacting us complaining that no one will respond to them or answer the phone. These complaints are not related to our program. While they will call ARRL or Risk Strategies, we learn that their policies are actually with an old program administrator/underwriter and we have to explain to them that they are not in our program and there is nothing we can do for them.
The silver lining is this can be an opportunity to grow our program by regaining all these clubs into our current program. Should you hear from any of your members who have received one of these letters, please encourage them to contact Risk Strategies and assure them that insurance is still available.
At this time, we do not know if this impacts the equipment insurance policies.
I will be working this week to get the word out to the clubs that coverage is still available.
Please let me know if you have any questions or can be of any assistance.
73,
Diane Middleton, W2DLM
Chief Financial Officer
ARRL, The National Association for Amateur Radio®
225 Main Street
Newington, CT 06111
(860)594-0225
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