All     In connection with the recent reported decision of a Hudson Division local governmental unit to burden its citizens with a demand that the use of government facilities be conditioned on proof the facility user carried liability insurance for sexual abuse, the question of whether the ARRL's Affiliated Club liability policy provided such coverage was raised.     The explanation of the extent of coverage on the ARRL's website, while helpful, does not address the issue.     The broad-based answer to the question is two-fold.     First, the Affiliated Club liability policy, per Risk Strategies, the broker for the sale of the policy, does not provide liability coverage for an obligation to pay monetary damages arising from a conviction for the commission of a criminal act. Exclusion of coverage from liability policies — homeowner, commercial, etc. — for the commission of intentional acts, including criminal acts, is nearly universal, so this response is neither unusual nor shocking.     Second, per Risk Strategies, the Affiliated Club liability policy carrier, who appears to be Hanover, would tender the cost of a defense (i.e., pay for the cost of lawyers to defend) until the time that a conviction for the alleged defense was obtained.     The full exchange with Mr. Scott Brelie, the Account Manager for the ARRL insurance program, is copied below. Mr. Brelie's last comment: "It is always difficult to say if the policy would apply when the facts of what may have happened are just hypothetical" is fair. The devil is always in the details. But, his response does address the critical question of whether liability coverage for sexual abuse is provided by the Affiliated Club liability policy. The extent of a tendered defense can be nuanced based on specific facts, but again we have a rule of thumb on which decisions and general advice can be provided. 73 _______________________________________ 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 2/3/20 9:41 AM, Brelie, Scott wrote:

We are the endorsed broker for the ARRL program Hanover is the insurance company the policies are written with.

It is my understanding that defense is provided up until the time a conviction is determined then it would be a criminal act.

It is always difficult to say if the policy would apply when the facts of what may have happened are just hypothetical.

http://info.risk-strategies.com/l/321311/2017-03-02/284i/321311/529/OrangeSq...

Scott Brelie | ARRL Account Manager

P: (312) 506-8857 or 866-819-0209 W: www.arrlinsurance.com <http://www.arrlinsurance.com>

ScottBrelie| Account Manager P: 312-506-8857| E: sbrelie@risk-strategies.com <mailto:sbrelie@risk-strategies.com>

*From:*John Robert Stratton [mailto:JRStratton@StrattonLawFirm.com] *Sent:* Monday, February 03, 2020 9:30 AM *To:* Brelie, Scott *Subject:* Re: [EXT] ARRL Affiliated Club Insurance Coverage Questions

*CAUTION: This email originated outside of the Company network. Do not click links or open attachments unless you recognize the sender and know the content is safe.*

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Mr. Scott Brelie Account Manager Risk Strategies Company

    Mr. Brelie

    Thank you for the courtesy of the prompt reply.

    Would you clarify whether Risk Strategies is the broker for the ARRL insurance program or is the actual issuer?

    While your response makes clear that liability coverage for criminal acts is excluded from the ARRL Affiliated Club liability policy, would the policy provide a defense to the Club if such an accusation were to made — whether the accusation arose in an adversarial civil proceeding or whether it arose in a criminal proceeding — against a Club member individually or against the Club itself?

    Liability for criminal acts and an obligation to defend against accusations are distinct contractual issues.

    Again feel free to call me for clarification.

    Thanks.

John Robert Stratton

The Stratton Law Firm, P.L.L.C.

P.O. Box 2232

Austin, Texas 78768-2232

Telephone: 512-445-6262

Cell: 512-426-2028

Fax: 512-444-3726

Toll Free:                               800-950-3726

Email: JRStratton@StrattonLawFirm.com <mailto:JRStratton@StrattonLawFirm.com>

This message and its attachments are confidential and may be protected from disclosure by the attorney-client privilege or other privileges. It and its contents are intended for the use of the individual or entity to whom it is addressed. The unauthorized use, disclosure or distribution of this message and its contents is prohibited. If you are not the intended recipient or an agent of the intended recipient, please notify the sender by telephone or by replying to this email and then please destroy this message and its attachments. Thank you.

Pursuant to Department of Treasury Circular 230, this email and any attachment hereto, is not intended or written to be used, and may not be used by the recipient, for the purpose of avoiding any federal tax penalty which may be asserted.

On 2/3/20 8:26 AM, Brelie, Scott wrote:

Hanover has consistently said that since this is a true owned property exposure it does not fit the parameters of the program so we are not able to provide the coverage. They would have to look elsewhere for that coverage.

As far as sexual assault or harassment, criminal acts are excluded under the policy so would not be covered.

http://info.risk-strategies.com/l/321311/2017-03-02/284i/321311/529/OrangeSq...

Scott Brelie | ARRL Account Manager

P: (312) 506-8857 or 866-819-0209 W: www.arrlinsurance.com <http://www.arrlinsurance.com>

Scott Brelie | Account Manager

Sales and Marketing - PC *Risk Strategies Company*

E: sbrelie@risk-strategies.com <mailto:sbrelie@risk-strategies.com> A: 333 W. Wacker Drive, Suite 1200, Chicago, IL 60606 P: 312-506-8857 W: www.risk-strategies.com <http://www.risk-strategies.com>

Twitter <https://twitter.com/RiskStrategies>

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*From:*John Robert Stratton [mailto:JRStratton@StrattonLawFirm.com] *Sent:* Sunday, February 02, 2020 1:28 PM *To:* Brelie, Scott *Subject:* [EXT] ARRL Affiliated Club Insurance Coverage Questions

*CAUTION: This email originated outside of the Company network. Do not click links or open attachments unless you recognize the sender and know the content is safe.*

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    I am the ARRL Director for the West Gulf Division (Texas and Oklahoma) and a practicing attorney.

    A number of our ARRL Affiliated Clubs in the West Gulf own their own clubhouses, which are used for Club meetings, events and as the location of their Club Amateur Radio station, towers and antennas.

    These Clubs also need insurance for damage or loss to their structures and grounds. But, it appears that the ARRL Club Liability Insurance, provides coverage/defense only as to Club liability for claims for personal injuries. Is there coverage available that would protect the Club physical structures and improvements from loss or damage? If so, could you provide information on available coverage and costs?

    A question has also been asked as to whether the ARRL Club Liability insurance provides coverage for claims based on sexual assault or harassment that occurs on both Club property and that occur on non-Club property— by a Club member as against the Club or a Club member, by a guest as against the Club or a Club member, or by a guest against a non-Club member guest. Would you be so kind as to address this question?

    Please feel free to call me for clarification or further information.

    Thanks.

--

John Robert Stratton

The Stratton Law Firm, P.L.L.C.

P.O. Box 2232

Austin, Texas 78768-2232

Telephone: 512-445-6262

Cell: 512-426-2028

Fax: 512-444-3726

Toll Free:                               800-950-3726

Email: JRStratton@StrattonLawFirm.com <mailto:JRStratton@StrattonLawFirm.com>

This message and its attachments are confidential and may be protected from disclosure by the attorney-client privilege or other privileges. It and its contents are intended for the use of the individual or entity to whom it is addressed. The unauthorized use, disclosure or distribution of this message and its contents is prohibited. If you are not the intended recipient or an agent of the intended recipient, please notify the sender by telephone or by replying to this email and then please destroy this message and its attachments. Thank you.

Pursuant to Department of Treasury Circular 230, this email and any attachment hereto, is not intended or written to be used, and may not be used by the recipient, for the purpose of avoiding any federal tax penalty which may be asserted.