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Charter Org Liability Statement

I’ve gotten a question from a unit during the recharter who was surprised by this liability statement included in the paperwork
“The general liability policy issued to BSA provides primary liability insurance coverage for all chartered organizations for liability arising out of their sponsorship of a traditional Scouting unit. Evanston Insurance Company provides the first $1 million per occurrence coverage. Additional policies, all providing primary coverage to the chartered organization, have been purchased so that more than $10 million in primary coverage is provided. There is no coverage for those who commit intentional or criminal acts. Liability insurance is purchased to provide financial protection in the event of accidents or injury that is neither expected or intended.”

Their concern was that it was new verbiage and it seems to place liability for criminal acts on the charter org, to the point that they not want to sponsor scouting groups.

My first question and research was on the timeline for this change. I did find that its not new for 2022 but actually was released in Dec 2020 and was signed by all Charter Orgs that chartered last year, https://filestore.scouting.org/filestore/membership/pdf/524-182_web.pdf.
I’m curious if anyone knows what the verbiage was before that. Anyone have old copies of the paperwork that far back? Maybe the councils do, keeping past agreements for legal purposes.

The second question is whether anyone is aware of how organizations deal with their own liability policies for their organization community outreach? This liability isn’t new for scouting and each organization must have a policy already in place. Its been too long for me being part of an organization to have that answer handy.

Thanks.

@ThomasMillerDC Here you go.

That looks like the verbiage I found in the 2021 and 2020 documents. I can’t vouch for all the text but the liability statement the same. What year was this document used?

It is the 2014 Printing.

2014
image

2020

It just explicitly states what the “resolutions and policy’s of the national executive board” are. I am not sure if those have changed or not.

I’m am not an insurance guy or lawyer. It would be good if national clarified this clause.

I assume, with no knowledge in the area, that the chartered org is indemnified as stated. I further assume that a perpetrator of intentional harm is not covered if harm was intentional.

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