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Employment Practices Liability Ins. (EPLI)
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Non-Profit D&O |
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Underground / Aboveground Storage Tanks (UST / AST) |
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When a person becomes a board member of a nonprofit organization, he assumes a level of responsibility for the organization ("duty of care") and exposes himself to claims for not running and managing it in a proper way. The most common non-profit management liability suit is a dispute over employment practices alleging sexual harassment, discrimination or wrongful termination. Typically suits are filed against the organization, an administrator, and/or an officer rather than individual directors. Many nonprofits offer to indemnify board members, guaranteeing that they will cover legal costs, settlements and judgments if a suit is brought against them. However, if the non-profit organization cannot cover the total costs on its own, then the individual may be held liable.
NOTE: The claims scenarios summarized are offered only as examples. The examples are not intended to establish any standards of care or to serve as legal advice appropriate for any particular factual situations. Coverage depends on the actual facts of each case and the terms, conditions and exclusions of each individual policy.
1. The founder and president of a nonprofit school resigned from his position due to personal issues. After he resigned, the school board discovered that he had not been performing his duties and several important projects had never been completed. When the former president requested to return to his former position, the school board refused due to this discovered dereliction of duty and poor performance. The former president then sued the school board alleging breach of contract and defamation.
Outcome - More than $120,000 was spent to resolve this matter.
2. Shortly after being hired as the Development Director of a nonprofit organization, the claimant began to openly question the ethics of the organization's executive director and CEO regarding the running of the organization, despite having no evidence of any wrongdoing. The claimant was terminated for gross insubordination. He then sued the nonprofit alleging wrongful termination and retaliation for whistle-blowing.
Outcome - More than $500,000 was paid to resolve this case.
3. The executive director of a nonprofit organization was terminated for failing to comply with terms regarding the use of federal grant money. The executive director was terminated after an outside audit revealed the organization had failed to keep proper records regarding the use of the grant money. The former executive director filed a lawsuit against the nonprofit alleging wrongful termination.
Outcome - Paid more than $500,000 in defense of this case.
All non-profit organizations.