We are often asked about the worthiness of using liability waivers by our clients. In the past, under the advice of legal counsel, we have taken a somewhat ambivalent attitude toward encouraging our clients to have their members sign waivers or requiring that non-members participating in chapter events sign waivers as we were concerned that the waivers wouldn’t stand up in court.
However, over the past several years, there has been a shift in case law that has caused us to reconsider our position on waivers and releases. This, coupled with the dramatic increase in liability incidents and claims among our clients, has caused us to re-evaluate our position. Our research and the advice of legal counsel now indicates that participant waivers/releases may be advantageous for our clients in two ways prior even to the test of court:
- Waivers may help clients educate their members about the risks associated with various types of events; and
- Waivers may prevent a lawsuit from ever being filed because the participant has acknowledged his or her assumption of risk.
We are now encouraging our clients to utilize participant waivers (both for their own members and for events sponsored by the Fraternity/Sorority with non-member participants) for the following types of events:
- Any athletic event
- Any “risky” event (Link to risky events position paper)
- Any competition
We have developed a participant waiver/release template for our clients’ use. Please be sure to read through the waiver in its entirety and make necessary edits so that the waiver applies to your specific event. You will see examples and further information in the footnotes of the waiver/release template.
Once the appropriate waiver has been drafted by included the requested information in the template form, waivers may be distributed in paper or electronic format. If distributed and collected as hard – copies, chapters should either keep the paper copies or scan and save as an electronic file in accordance with your organization’s document retention policy. It’s important that chapters not go to all of the effort of collecting signed waivers to simply dispose of them the day after the event as claims often come much later than that.
A potentially better option is to use a web-based liability waiver platform that will help your chapters create and distribute waivers to participants and then save signed waivers in a searchable database. There are a few websites that offer this. One such company that we recommend is SmartWaiver as we believe that the waiver creation and distribution process is relatively seamless and pricing is reasonable and upfront.
For additional information, please refer to the article published in Fraternal Law (link). Should you have any questions or concerns, please contact Estacia Brandenburg, JD, MJ Sorority Client Executive.
As with any non-profit organizations, finding and retaining volunteers can be a difficult task. In addition, an effective organization has a path way for these great volunteers to be able to contribute and rise up the ranks of leadership. All too often, the complex question arises of “whether a volunteer can continue to serve as a local alumna for a chapter or a house corporation once they also assume a national leadership role?” There are two distinct answers to this question.
The first answer is a rejection of this dual capacity service of an alumna. The primary issue is a concern that the national officer may expose the national organization to liability for local entity’s actions, subsequently forfeiting the defense of ignorance of the local entity’s operation.
The second answer – and the one that we think more appropriately applies to the women’s organizations – is that the threat of increased liability from this dual capacity is offset by the distinct advantage that we believe comes from a national officer continuing to provide leadership to the local entity be it a chapter advisory board or a local house corporation board. We see this leadership as a positive for both the national and local entities.
Ideally the national officer should be freed up to focus on this important national position that she has been appointed or elected to do for her sorority. A new volunteer can be added to your ranks to fill the local volunteer position. If this is not possible, then there should be no hesitancy to allow the dual-capacity position of your national officer.
Two members attended a semi-formal event in which alcohol was served by a third-party vendor. Both members were over 21 and reportedly had been drinking at the event. It is believed that they were walking home from the party and became disoriented and lost. One member tripped and fell as she walked into the street. The other member tried to help her up, when they were both struck by a car. One member was killed and the other member sustained serious injuries.
At this point, no charges have been filed against the sorority; however, the statute of limitations in the state in question has yet to expire.
Issues to address:
- Do your policies address transportation to and from official events?
- Fortunately, in this situation, the alcohol was served by a licensed, insured third-party vendor. Discuss how using licensed, insured third-party vendors is so important to managing your risk.
- What additional risk management policies should have been in place to minimize the likelihood of a claim like this happening again?
It is very common for third parties to request a Certificate of Insurance that proves the fraternity/sorority or chapter has purchased insurance coverage. This request can be satisfied by obtaining a Certificate of Insurance that shows your limits and coverages. When a third party asks for evidence of your insurance, you need to complete the Certificate of Insurance Request Form in the appendix of this document or complete the Certificate of Insurance Request Form on our website.
If yes, do not sign the contract until you have contacted Ruth Akers at MJ Insurance. If you sign the contract, you may unknowingly be obligated your organization to unfavorable liability and/or indemnification requirements that could put your organization in jeopardy.
If you are unsure if the contract contains insurance requirements, look for the following verbiage examples:
- “The renting party (i.e. the chapter) shall be solely liability and responsible for all costs, expenses, damages, liabilities, claims or suits incurred or resulting from the use of the property rented.”
- “The renting party agrees to fully indemnify and save and hold harmless [specific venue/entity name] from and against any and all claims.”
- “The renting party shall submit proof of insurance naming [specific name of venue/entity] as additional insured.”
While these examples are the most frequently used phrases that cause us concern from an insurance standpoint, contract language is often complicated, so it is always better to be safe and send the contract to Ruth Akers for review.
If a third-party is requiring Additional Insured status, they are looking to your organization’s policy to defend them and pay claims on their behalf, even if they are negligent in causing a claim.
Additional Insured requests relating to social events are heavily scrutinized; therefore, it is important that you allow two weeks to allow for the necessary parties to review.
Request a Certificate of Insurance via this form on our website.
The below suggestions are recommendations only, not requirements. The information below should be kept on file for your records. We do not need copies of this information.
Please refer to your organization’s risk management policies for specific conditions required by your fraternity/sorority.
When you rent an establishment or engage the services of someone, it is recommended that you obtain a Certificate of Insurance to ensure they have purchased insurance for their operation. If the third-party vendor does not have insurance, then the fraternity’s/sorority’s policy may have to respond, which is not preferable. Your agreement with a third party vendor will dictate what coverages should be represented on the Certificate of Insurance. For example:
- If you are renting an establishment, you will need to have evidence of their General Liability coverage.
- If an establishment is providing alcohol related services, you will need to have evidence of their General Liability, Liquor Liability and Workers’ Compensation coverages.
- If you are hiring a contractor, you will need to have evidence of their General Liability, Workers’ Compensation and Automobile Liability coverages.
- If you are hiring a bus company for group transportation, you will need to have evidence of their Automobile Liability coverage.
As a guideline, the following limits of liability are a minimum that you should accept from a third- party:
| General Liability | $1,000,000 |
| Liquor Liability | $1,000,000 |
| Automobile Liability | $1,000,000 |
| Workers’ Compensation/Employer’s Liability | $100,000/$500,000/$100,000 |
We have established the above minimum recommendations for the following reasons:
- Increased cost of materials and health care costs have significantly impacted the average cost of a claim.
- If there is bodily injury, the costs could very easily exceed the minimum threshold notes above.
- The cost of the insurance premium for a lower limit of insurance would likely be less than a fifteen percent discount for the contractor or venue. The industry now views the minimum limits above as the minimum they will offer and rarely provides limits lower than $1M.
- We and our clients believe that those that control the exposure should bear the most responsibility in paying for a claim.
A red flag should arise any time a contractor or venue shows resistance to or hesitation with these minimum limits of insurance, and you may want to reconsider your arrangement. In our experience, if a contractor or venue refuses to provide proof of adequate insurance limits, it is because they do not have any insurance, not because they do not have adequate limits.
Any time a chapter contracts with a venue, contractor or any third-party for services, it should be clear that each party is responsible for the consequences of their performance and/or work and the conditions under which the service will be rendered. This contractual relationship exists so those who are in the best position to control the exposure are also the most likely to incur the liability for those incidents that may occur. In an ideal world, each party’s insurance policies would respond to the extent that they are negligent in causing either property damage or bodily injury. The essence of this risk management technique is to transfer the liability to the entity/individual the most able to control the exposure. Establishing a minimum expectation is a reasonable effort to ensure that this transfer happens and that you are doing business with a professional and reputable entity or individual.
Does MJ Insurance approve events?
No, MJ Insurance offers recommendations based on prudent risk management. Your National Organization has the ultimate decision as to the approval of your event. It is important that you review the rules and policies of your national organization before you begin the event planning process.
I have a Certificate of Insurance that I received for an event we had last month. Can I use it again for an event that is being held next week?
No, Certificates of Insurance are all issued on an event specific basis; therefore, each time someone requests a Certificate of Insurance from you, you must obtain another Certificate of Insurance. Furthermore, the venue/third-party requesting the Certificate of Insurance will want to be sure that their name is listed as a Certificate Holder on the Certificate of Insurance, which is another reason why Certificates are issued on an event specific basis.
I have an Insurance Overview that shows we have coverage. Can I use it when I am asked for a Certificate of Insurance?
No, the Insurance Overview contains specific and confidential information regarding your chapter and should not be shared with anyone outside your organization.
How long does it take to process a Certificate of Insurance?
It depends on what exactly is required by the specific venue and the nature of the event. We recommend that you submit requests two weeks in advance in order to ensure timely delivery, but we are happy to help you with Certificate requests at any time. Completing the Certificate of Insurance Request Form in its entirety is the best way of ensuring timely processing of your Certificate request.
We are renting a venue that will be serving alcohol. Is evidence of their state liquor license sufficient?
Each state has very strict guidelines for businesses who are licensed to sell alcohol, and we certainly recommend that you only use businesses that have a current liquor license. However, it is equally if not more important, that you require evidence of the business’ liquor liability insurance coverage, which is separate coverage from general liability insurance and will have a separate limit of liability. For much more information on this issue, please refer to our position paper.
It is increasingly common for other organizations and/or people (third parties) to request some evidence that the fraternity/sorority or chapter has insurance coverage in place. The form that confirms that coverage is, in fact, in place is called a Certificate of Insurance, and it shows your limits and coverages.
We will need the following information from you in order to provide you with a Certificate of Liability Insurance:
- Fraternity/Sorority and Greek Chapter Name
- Date of the event
- Type of event (i.e. Philanthropic, Social, Chapter-Oriented, etc.)
- Whether or not alcohol is being served (if alcohol is being served, who is serving the alcohol?)
- Name and address of the venue and/or individual requesting the Certificate of Insurance
- The contact information and preferred contact method (i.e. e-mail, fax, etc.) for the individual to whom the Certificate should be sent
- If the venue is requesting Additional Insured status, please forward the contract immediately to us for review.
Please provide all of the above information and any questions you may have by completing the Certificate/Event Request Form.
In addition, it is also very common for you to receive a request from a lendor requesting that you provide evidence that you carry property insurance. Banks often require you to list them as a Mortgagee or Loss Payee on your policy for property for which they provide a loan. Companies from whom you lease equipment, such as a copy machine vendor, also often request proof that you are carrying insurance to cover any damage to their equipment. This document is referred to as the Property Certificate of Insurance.
In order to process your Property Certificate request, please provide us with the following information by completing the Non-Event Specific Certificate of Insurance Form:
- Name and address of the entity/individual requesting the Property Certificate
- Any written documentation, such as a contract, that stipulates your obligation to provide the entity/individual with proof of insurance
- Loan number, if applicable
- E-mail address of the entity/individual requesting the Property Certificate
Non-Owned Automobile Liability is the most commonly misunderstood coverage in the Sorority Book of Business. Non-Owned Automobile Liability is designed to protect the organization for the risk of being named in a lawsuit involving an automobile. It does not protect individuals who are driving on behalf of the Sorority/Fraternity.
Non-Owned and Hired automobiles are automatically covered under the organization’s Automobile Liability policy.
Hired Autos: Autos you lease, hire, rent or borrow; except autos from your employees and members (for example, vehicles you rent from Avis, Hertz, etc.). When you are renting an automobile on behalf of the organization, there is no need for you to purchase the physical damage coverage for the automobile from the rental car company. Hired Automobile Physical Damage coverage is provided subject to the policy deductibles.
Non-owned Autos: Autos you do not own, lease, hire, rent or borrow that are used in connection with your organization. This includes autos owned by your employees and members but only while used in your organization.
Provides coverage for sums you legally must pay as damages because of bodily injury or property damage caused by an accident and resulting from the use of a covered auto.
It is important to note that the Hired Automobile Physical Damage coverage extends to direct damage or theft of a rented automobile and operates for the benefit of the insured, which is the fraternity/sorority. Automobile rental agreements, therefore, should always be executed in the name of the fraternity/sorority, rather than an individual’s name.
Any Named Insured using a non-owned or hired auto is an insured, except:
- The owner or anyone else from whom you hire or borrow a covered auto.
- Your employee – if the covered auto is owned by that employee or a member of his/her household.
Non-Owned Automobile Liability coverage does not provide coverage for someone who is driving their personal automobile to or from Sorority/Fraternity events. This coverage is designed only to protect the organization, not the volunteer, member, officer, etc. who is driving their own vehicle on the organization’s behalf. Any volunteers, members, officers, etc. who choose to drive their personal automobiles on behalf of the organization need to rely on their own personal automobile coverage in case of an accident.
Individuals who use their own vehicles to drive to/from a sorority event must look to their own automobile insurance for protection should they be involved in an automobile accident.
The exposures associated with the Non-Owned Automobile Liability coverage are particularly concerning from a risk management perspective because of the vast number of personal automobiles that are driven to and from Sorority/Fraternity events at any given time that expose the organization to a Non-Owned Automobile Liability claim.
Further exacerbating the sheer exposure issue with non-owned autos is the number of members, volunteers and third-party individuals who only carry the state minimum automobile liability limits, which are woefully inadequate for accidents involving even minor injuries. For their own protection and fiduciary stability, we recommend that all volunteers and members of your organization carry at least a combined single limit of $300,000. Higher automobile liability limits are marginally more expensive than the state minimum limits, and the higher the limit, the less likely you are to suffer long-term financially consequences to an automobile accident.
Even in situations in which the organization was not negligent in causing the accident, plaintiff attorney’s often use the “deep pocket” mentality when it comes to automobile accidents involving even minor injuries, meaning that the Sorority/Fraternity is seen as the “deep pocket” in the situation. Accordingly, in many of the examples listed below, the organization was brought into the lawsuit because they were seen as having more money and/or higher insurance limits to pay for the cost of lengthy litigation and judgment.
Over the last ten years, under the MJ Sorority Book of Business, the insurance company has paid out over $3.7M in automobile-related claims on behalf of our clients. With the potential for one accident (see examples below) to wipe out ten or more year’s worth of an organization’s Non-Owned Automobile Liability premium, the non-owned automobile exposure is quite disturbing.
Clearly the Non-Owned Automobile Liability exposure is an uncontrollable one, which is what makes it so concerning for our clients. The most important risk management tool in attempting to limit your Non-Owned Automobile Liability exposure is to encourage your members and volunteers to have a minimum combined single personal automobile liability limit of $300,000. In addition, we do not support designated driver programs that are not held in conjunction with an official sorority event (see this position paper on our website for more information). Finally, it is important that the chapter and sorority/fraternity leadership educate their members and volunteers as to how this coverage operates, so that they are aware of the exposure to their personal insurance coverage when they drive to/from any sorority/fraternity event or activity.
The following claim examples are real-life examples of how the Non-Owned/Hired Automobile Liability coverage responds when an incident occurs:
Example #1
Several chapter members were driving to a regional conference together in a member’s personal automobile. The vehicle swerved off the interstate in a single-vehicle accident, and one of the chapter member occupants was killed and another chapter member occupant was severely injured. The families of the killed and injured chapter members sued the driver and the Sorority for damages. The driver of the vehicle only carried the state minimum insurance limit of $25,000, which were quickly exhausted. The organization’s insurance policy settled with both families for a total of $740,000. The sorority was brought into this lawsuit because the driver’s limits were so low and the families of both women felt that someone (i.e. the Sorority) should pay for their loss. In addition, the Sorority’s policies stated that sisters driving vehicles in “official sorority capacity” were doing so as agents of the Sorority, which further hurt the Sorority’s defense.
Example #2
An officer was involved in an automobile accident in a rental car while attending a Leadership Conference. The officer failed to yield the right-of-way in traffic and struck another vehicle, injuring the two passengers in the other vehicle. The insurance company, on behalf of the organization, paid out $252,000 in settlement to the claimant and defense costs and $13,000 in property damages to the rental car company. The insurance company, on behalf of the organization, settled this claim because the officer was driving a rental car, and all cars rented for sorority purposes are covered under the insurance policy.
Example #3
A chapter advisor was driving a few members to the chapter house after a philanthropic event in her personal automobile. She ran a red light and severely injured two people riding on a motorcycle. The advisor’s personal automobile insurance limit was only $100,000, which was exhausted immediately. The total cost of the claim was $2,385,000. The insurance company settled this claim on behalf of the organization because of the deep pocket theory. In addition, the insurance company was unwilling to take the claim to court and risk the jury ruling in favor of two young people with severe injuries.
Example #4
A chapter member’s personal automobile was vandalized during the middle of the night in the chapter’s parking lot. The member’s personal automobile policy will need to pay for the repairs because the organization was not negligent in causing the damage, and the member had signed the housing agreement, which holds the organization harmless when personal property is damaged. The organization’s Non-Owned Automobile Liability does not cover property damage to individual’s personal automobiles.
Example #5
A “sober sis” program on a random Friday night led to a claim that cost the organization and the automobile driver’s family nearly $1M. For more information, check out our Position Paper on Sober Sis/Designated Driver programs. A chapter-sponsored “sober sis” program implies that the chapter will put in place proper safety guidelines and have some control over the transportation safety; however, the chapter has little control over an individual driving their personal vehicle and has even less control over the other drivers on the road.
Check out the Insurance Summary for more detailed information about your organization’s automobile policy, but the below graphic has the top three things to remember:
Here is a print-friendly PDF version.
We have all encountered scenarios in which other drivers make us shake our heads. People often are quick to accuse other drivers of being reckless, but if pressed, they may admit to sometimes driving recklessly themselves. If unsafe driving is everyone’s problem, what is the solution?
Our safety professionals have put together three tips that can help make sharing the road safer while getting from point A to B.
Assume You are Invisible
It can be easy to assume everyone else on the road is paying attention, following traffic laws, and can see you clearly. However, that is not always the case. Next time you are expecting another driver to respect your right-of-way or let you merge into another lane, do not assume they are on the same page.
Avoid Competitive Driving
Whenever you are on the road, resist the urge to drive competitively. Instead, go with the flow and drive defensively. See yourself as part of a community of drivers – all trying to get to your destinations safely. Your improved driving behavior may rub off on others and help create safer conditions for everyone on the road.
Control Your Emotions
It may be easy to react to aggressive driving by becoming aggressive yourself. But taking the high road is often the best route. Someone cuts you off? Take a deep breath and just let it roll off your back.
Here are some ways to help prevent your emotions from getting the best of you on the roadway:
- Be patient when traffic delays slow you down.
- Keep a safe following distance behind other vehicles. You never know when someone may stop short.
- Avoid confronting aggressive drivers—be polite and courteous, even if others are not.
- Use your turn signals and leave plenty of room when turning or changing lanes.
Let’s face it: accidents happen. And when they do, you might be looking at car repairs and injuries as well as possible increases to your insurance premium. Safe driving can go a long way in keeping you and your family safe and your premium in check. Here are seven common car accidents and tips on how to help avoid them:
1. Rear-end Collisions
Rear-end collisions are a common reason for auto insurance claims. Whether you are the driver who hits a vehicle in front of you, or the driver who gets hit by a vehicle behind you, these accidents can often be avoided. Consider these tips:
- Keep your distance. Drive far enough behind the car in front of you so you can stop safely. This is especially true in inclement weather. Stay at least three seconds behind the vehicle ahead of you, and longer if you’re in a heavier vehicle. Extend the timing when weather conditions are bad.
- Drive strategically. Avoid situations that could force you to suddenly use your brakes. If a driver is following you too closely or isn’t paying attention, you might be rear-ended.
- Don’t get distracted. Never take your eyes off the road to eat, read a text message or find your phone. If the driver ahead of you stops suddenly, it only takes a second or less of not paying attention to rear-end their vehicle.
- Don’t drive when drowsy or under the influence. You’re more likely to make driving errors when you’re sleepy or impaired by drugs or alcohol.
2. Parked Car Damage
Another common cause of auto damage: having a parked vehicle hit by another car. Whether you’re leaving your car in a parking lot or on the road, take steps to help avoid parked car collisions and claims. Here are some suggestions:
- Go the distance. Don’t park in the busiest part of a parking lot. Instead, select a space away from heavy traffic. You’ll help reduce your chance of getting hit by another car.
- Maximize the space. Always park in the center of a spot. Reposition your vehicle if it’s too close to a parking line. It will help keep your car from being hit by others pulling in to or out of adjacent spots. It can also help prevent dings from swinging doors.
- Park in a garage, if you can. The idea is to put your car in a safe place when you’re not driving it.
- Park street-smart. Try not to park near busy intersections, tight turns and driveways. Other drivers may not see your vehicle and could side-swipe it when passing by.
3. Single-vehicle Accidents
Single-vehicle losses include collisions with road barriers, debris or animals, in addition to rollovers and accidents when driving off-road. It’s not hard to help prevent them.
- Drive right for the weather. Even if yours is the only vehicle on the road on a rainy, snowy or icy day, drive at speeds that allow you to maintain control. Learn how to avoid hydroplaning on flooded roads and refresh your winter driving skills before the season begins.
- Always pay attention. Just because you’re the only person on the road doesn’t mean it’s okay to text, make hands-on phone calls or eat while driving. You never know when conditions might change.
- Don’t drive too fast. Speeding has been involved in approximately one-third of all motor vehicle fatalities for more than two decades.1 Simply put, speeding is dangerous, even if there is no one else around you.
4. Windshield Damage
Chips and cracks to vehicle windshields are a common auto accident that many drivers don’t realize they can help prevent. Most windshield damage happens when rocks and stones are thrown up in the air by other vehicles. Help prevent this damage by keeping your distance from cars and trucks.
Also, don’t drive behind snow plows when they’re dropping salt or other granular substances. Some pieces are large enough to cause chips and cracks.
5. Crashes at Intersections
Intersections are another place where accidents frequently occur. Distracted drivers may miss traffic signals changing from green to yellow to red. Or they don’t notice vehicles pausing before making turns.
Practice defensive driving to help avoid accidents. Take a moment after the light turns green to make sure no one is coming through the intersection. Look out for drivers speeding to make it through a yellow light on a cross street. When you’re approaching a yellow light, be cautious rather than take chances.
6. Parked Vehicle Theft
No matter where you park your car, there’s always a chance of a break-in. Still, there are things you can do to help prevent potential unnecessary damage to your vehicle. Keep in mind that items stolen from your vehicle could be a loss that you file under your homeowners insurance coverage. Damage that occurs to your vehicle during a break-in would be filed under your auto insurance coverage.
- Never leave valuables in a parked car. Having them in view is an invitation to thieves. Take expensive things with you, store them inside your glove compartment or lock them in the trunk.
- Never park in dark locations. Instead, find spaces in well-lit areas. Plan ahead if you’re parking prior to sunset.
7. Backing Collisions
Whether you’re backing out of a parking spot or your driveway, accidents can happen.
The best thing you can do to avoid accidents when backing up is to avoid having to back up in the first place. When possible, park in a way where you won’t have to back up into traffic, such as pulling through or backing into a parking spot.
Another helpful tip: drive vehicles that have a backup camera. If your car doesn’t have one, you can have one installed.
If you drive a car that’s not equipped with a backup camera, here are some other suggestions of what you can do:
- Before getting into your vehicle, look around to assess your surroundings and traffic patterns.
- Back out using the shortest, most direct route possible.
- Reverse in a straight line, turning only when clear of parked vehicles or any other obstructions.
- Back out slowly while continuing to check traffic around you.
- Use your mirrors and brakes until you’re completely out of the spot and integrated into traffic.
- Never do anything distracting while backing out.
While there are many things you can do to help prevent collisions, theft, injuries or damage to your vehicle, it’s not always possible to avoid the unexpected. Contact your local independent agent or a Travelers representative to make sure you have appropriate coverage to meet your needs.
More than 40,000 Americans died on the roads in 2016, the most significant increase in deaths over a two-year period in more than 50 years.1 Whether someone you love has been known to text and drive, or you have found yourself distracted behind the wheel, these tips can help avoid dangerous activity on the road.
- Stow your phone. Turning off the phone and putting it in “do not disturb” mode can help remove the temptation to browse online at a red light or respond right away to a text message.
- Vow not to multi-task. Anything that occupies your mind or vision can be a distraction behind the wheel. Make time at home to eat meals or put on makeup, so you can focus on the road.
- Don’t be a distraction. Avoid calling or texting family members and friends when you know they are driving to avoid distracting them.
- Talk to your employer. Responding to texts or taking calls for work while driving can be dangerous. Encourage your employer to have a distracted driving policy that includes waiting to talk with employees until they are safely parked.
- Keep kids and pets safe. Make sure kids are in proper car seats and that pets stay secured in their zone in the back of your vehicle. It can also help reduce distractions if pets are not roaming about the car.
- Set a good example. Parents can model good behavior for their children by demonstrating attentive driving. Avoid texting, eating, grooming or calling someone while behind the wheel.
- Plan your route before you go. Programming your navigation system while you drive can take your eyes off the road. It’s better to ask a passenger to do it or to enter your destination before you leave home.
- Speak up. If you see someone texting or otherwise driving while distracted, say something and let them know that you are not comfortable with that behavior. Encourage your children to do the same when they are passengers in a friend’s car. It could save a life.
- Set rules of the road. Consider restricting the number of passengers until your teen or new driver gains experience behind the wheel.
- Avoiding reaching. Resist the urge to reach for items if they fall while driving.
Taking your eyes off the road to search for an item can make you more likely to have an accident.
Share these tips to help keep others safe. For more on ways to reduce distracted driving, check out Every Second Matters, Travelers’ conversation starter on reducing distracted driving risk.
Source:
1 National Safety Council, NSC Motor Vehicle Fatality Estimates.
www.nsc.org/NewsDocuments/2017/12-month-estimates.pdf
Position Paper
We are seeing an increase in the number of riskier and more robust activities being proposed as chapter events and activities, such as the following:
Ropes courses Hay rides
Mud/color/zombie runs Rock climbing/Climbing walls
Skeet shooting Paintball
Trampoline events Slip-and-Slides
Haunted attractions Mazes
Bounce Houses and Dunk Tanks Events over 500 people
Hamster balls Mechanical bulls
Eating activities/contests
Any type of inflatables
On their own, these activities are concerning because of the greater potential for injury due to the more physical and/or dangerous nature of these activities. With good risk management, some of the potential risks associated with these types of events can be mitigated; however, some of these events are inherently dangerous. If we continue to see more claims in these areas, the insurance company may be forced to take action by eliminating some of the coverage that our clients now enjoy. We would prefer that good risk management eliminate action from the insurance company.
In addition to the more physical nature of these activities from a risk management standpoint, we are seeing the contracts in these types of scenarios increasingly contain verbiage that is unfavorable for our clients. Examples of this are where the service/venue includes the requirement that the fraternity/sorority add the venue/service provider onto their policies as an additional insured, contractual verbiage that releases the venue from any and all liability, and the requirement that all chapter members and/or participants sign waivers or releases to eliminate the service/venue from liability. This trend toward more aggressive contractual language with these types of events is concerning for our clients primarily due to the fact that they have little or no control over the equipment and the facility that is being used by its members and to then release the service provider/venue from responsibility is not good business practice.
Thus as we see it you have an increase in the more risky activities, where the service provider/venue is completely “released” from any and all liability and we have the additional trends below to exacerbate the matter:
- Liability incidents are up 15 percent
- Member injuries are up 68 percent
- Economic pressures and uncertainty with health care has impacted both the number and the severity of liability claims
Please refer to your own organization’s policies regarding approved events.
Not all risky events are created equal; please refer to the table below for some specific examples:
| Type of risky event | Red Flag | Better option, yet still risky |
| Ropes courses | Homemade ropes courses on the chapter property | Engaging with an established company or organization that utilizes trained individuals to facilitate ropes course |
| Bounce houses | A bounce house setup on chapter property open to the public | Going to a well-managed facility that has various amusement activities available |
| Slip-and-slide | Set up on chapter property | Going to a well-managed water park |
| Organized runs/walks | Mud/Zombie runs with obstacles | A more traditional 5K on paved surfaces, with appropriate city permits, permissions, etc. |
As you can see from the examples above, there are ways to make seemingly risky activities more advantageous, primarily by holding the event:
- At a licensed establishment that carries adequate insurance limits and practices good risk management in their operations
- At a well-managed facility (as opposed to at the chapter house or somewhere on campus)
If the event is held at another business, they will be primarily responsible for the liability to your members and their business insurance policy will be responding to any claims.
Refer to your inter/national Headquarters for your organization’s policies regarding approved events. Ultimately, it is up to the discretion of each inter/national Headquarters to determine whether or not to allow a specific type of event.
We recommend, when possible, that chapters find alternatives to the types of risky events listed and/or unfavorable contractual risk transfer.
If it is not feasible for you to find an alternate (and insured) venue for the event or to change the event altogether, we recommend that you utilize the services of MJ Insurance Sorority Department by contacting Ruth Akers, Senior Account Manager.
Should you have any questions or concerns, please contact Ruth Akers at ruth.akers@mjsorority.com.
Does this make sense for your House Corporation?
Pursuit of strong risk management will sometimes get in the way of solid business practices. A prime example of this is the reluctance of a house corporation board to have either collegiate chapter members and/or chapter advisors on the board. The fear being the threat this could pose of not “fire walling” liability away from the HC of the chapter operations.
In that the chapter operations and house corporation operations are equally and jointly insured under your organizations national insurance policy, this should be less of a concern for the liability.
We do believe that the increase in the communication between the two operations will be greatly enhanced which ultimately provides for a healthier relationship between the two entities.
One recommendation of helping to narrow this liability would be to have them as non-voting members of your local house corporation board and a minority in number.
The local house corporation is taxed at running the most optimum business for its resident members/other members and using available resources to do so makes sense.