After the bus dropped the members and their dates off, a member’s date allegedly drove while intoxicated and struck a member and her date. The members date was killed as a result of the accident. 

A lawsuit is pending. 

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The organization was setting up for a charity event when two members of the organization were pushing a student employee on a 25 foot tallescope ladder. The two women pushing the ladder ran over an extension cord on the floor which caused the ladder to topple over and the student employee to fall 25 feet to the ground. The student employee sustained a traumatic brain injury as well as severe injuries to her face, jaw, and teeth. 

A lawsuit was filed naming the volunteers, organization and the charity. The University was immune from tort liability because it is both a governmental entity and because it provided workers’ compensation benefits to the injured student employee. It was defense counsel’s opinion that a jury would likely place 25% liability on each volunteer/member, 25% liability on the organization and 25% liability on the University. Even though a jury may have apportioned liability to the University, they would not have had to make any payments. It was also believed that the two members would have been immune from liability based on the state’s Volunteer Service Acts.  

The University agreed to waive their subrogation lien of $1,500,000 which aided in the lawsuit settling for $850,000 during mediation. It is unknown if the charity paid a settlement. 

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July 2021: Topics include transportation risks, wildfires, mental health, & COVID-19.

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January 2021: Topics include planning safer events during COVID-19, COVID-19 employment and vaccine questions and more.

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May 2021: Topics include mental health, Covid-19 vaccine, and housing agreements.

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Use the Chapter House Self-Inspection checklist to review your property and life-safety risk management.

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Background

A sorority chapter was having a co-sponsored event with a fraternity chapter on campus in hopes of raising funds for the fraternity’s philanthropy. The event was held at the fraternity chapter house. Some of the fraternity members setup a make-shift slip-and-slide using tarps and spikes. The individuals that setup the slip-and-slide did not push the spikes all the way into the ground. The sorority chapter women had nothing to do with the design of the slip-and-slide.

Scenario

About twenty minutes after the event started, a non-member guest went down the slip-and-slide and severely injured her leg on one of the spikes that was sticking up from the ground. The claimant’s estimated medical expenses are nearly $40,000. The claimant’s attorney has requested a settlement of $300,000 from the fraternity and sorority in question and has threatened further legal action if that amount is not paid to the claimant within 30 days.

Result

The fraternity’s insurance company plans to offer the claimant a settlement of $100,000, and the sorority’s insurance company has offered to contribute twenty percent of the proposed settlement amount (equal to $20,000) to the fraternity’s insurance company.  

Risk management lessons

This claim demonstrates that your chapters, volunteers and members can still be named in lawsuits even when they had little to do with an injury occurring other than co-sponsoring said event. In this case, if the sorority had inspected the slip-and-slide and realized the danger that the metal spikes posed (as well as the risks associated with a makeshift slip-and-slide, in general), the injury may have been prevented. This claim demonstrates that your chapters, volunteers and members can still be named in lawsuits even when they had little to do with an injury occurring other than co-sponsoring said event. In this case, if the sorority had inspected the slip-and-slide and realized the danger that the metal spikes posed (as well as the risks associated with a makeshift slip-and-slide, in general), the injury may have been prevented.

Issues to discuss

  • What safer alternatives are there to a slip-and-slide activity?
  • What measures should the sorority chapter have put in place to ensure the safety of events that they are co-sponsoring with another fraternity chapter, especially when the event is being held at the fraternity chapter house?
  • What other takeaways can you glean from this example to improve risk management at your location?
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Scenario

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 discuss

  • 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?
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Scenario

A member attended a party at an “unofficial” chapter house.  The “unofficial” chapter house was actually an apartment, in which four chapter members lived together.  The apartment came to be known on campus as your organization’s chapter house.  The member was very intoxicated, and some other chapter members arranged for a fraternity chapter member to drive her home.  The fraternity chapter member accidentally ran over her as he was backing out of her driveway. 

In the discovery process of the claim, it was revealed that a traveling consultant from the national organization had visited with this specific chapter the week before.  The plaintiff’s attorney found evidence that the traveling consultant had participated in drinking games with the chapter members.

The insurance company settled the claim on behalf of the plaintiff for just under $1M.

Issues to discuss

  • Do you have locations that are not official chapter houses that might appear to be chapter houses? If so, what can you do to minimize “unofficial” chapter houses from appearing as chapter houses on your campus?
  • How does the traveling consultant’s actions and behavior contribute to the negligence and liability of the sorority?
  • What risk management policies should have been in place to minimize the likelihood of a claim like this happening again?

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One of the more challenging exposures in insuring a women’s fraternity or sorority is keeping insurance and risk management recommendations contemporary with the changing dynamics of campus life. As chapter membership continues to grow, more members are seeking alternate housing arrangements where several sorority sisters live together.

On campuses where official sorority chapter houses are not as common—or where a specific sorority does not have a designated house—it has become increasingly typical for members to secure off-campus housing together.

Irrespective of the reason, the number of these “living arrangements” outside of traditional chapter housing is increasing. Unfortunately, many of these residences become known as the sorority’s house on campus and sorority-wide parties or events are held on the premises. Some names we’ve heard given to these types of arrangements: annex, satellite house, senior house, pass down house. We refer to these locations as “unofficial houses.”

Why Unofficial Houses Pose a Significant Concern
These unofficial houses present serious challenges to both the national organization and to the integrity of the insurance program. The most common issues include:

  • Lack of Ownership and Oversight: Unofficial houses are not owned or managed by the sorority or its housing corporation, which often means they do not meet the same safety and maintenance standards as official facilities.
  • Misunderstanding of Affiliation: While residents may view the arrangement as a private lease among friends, the broader campus community often perceives the property as connected to the sorority. This perception can create a direct association with the organization if and when an incident occurs.
  • Public Perception and Liability Exposure: When a majority of residents are members of the same sorority, it is easy for others to assume the residence is a sanctioned chapter house. Should a serious incident—especially one involving alcohol or guests—occur, both the residents and the organization could be named in a lawsuit, regardless of who holds the lease or owns the property.
  • Significant claims activity: We have seen a notable increase in claims arising from these unofficial residences rather than official chapter houses.
  • Higher claim severity: In addition to increased frequency, we have also seen a substantial increase in the ultimate cost of claims stemming from unofficial houses. This is often due to the combination of (1) no ownership or oversight by the organization, (2) safety and behavior standards that fall short of what is expected in an official chapter house, and (3) the ease with which plaintiffs can argue affiliation when the house is known locally as the sorority’s residence.

Risk Management Expectations
If such living arrangements exist, they should be handled with a similar level of awareness and caution as an official chapter facility—even though they are privately rented and not subject to sorority policies.
To reduce risk and confusion, we strongly recommend the following:

  • No exterior identification of the residence as affiliated with the sorority—this includes letters, symbols, banners, or signage of any kind.
  • Avoid hosting gatherings that could be even remotely interpreted as sorority events, such as recruitment functions, celebrations, or social events organized primarily for members or guests of the sorority. Do not announce functions hosted at the unofficial house at chapter meetings or on chapter group chats.
  • Be mindful of alcohol use and party activity. Even if residents are of legal drinking age, incidents involving alcohol can quickly lead to liability if the house is viewed by others as “the [sorority name] house.”
  • Communicate early with chapter advisors or housing volunteers if this type of housing arrangement exists, so leadership is aware of any potential reputational or liability risks.
  • Promptly notify national leadership if concerns arise or if the property has become informally recognized on campus as the organization’s house. We at MJ Sorority can assist in reviewing and advising on the situation.

Next Steps
We have identified this issue to your national leadership, as it represents a growing exposure within the women’s fraternity/sorority community. As a local volunteer or advisor, you may be more aware of these housing situations than headquarters.

If you become aware of an unofficial house affiliated with your chapter, please bring it to the attention of your leadership team. Upon review, they may engage MJ Sorority to assist in evaluating and addressing the specific risks associated with that housing arrangement.

Our goal is to ensure that members understand the potential consequences of allowing a privately rented property to become publicly known as a chapter house. Even without formal affiliation, the perception of connection can create legal and financial exposure for both the residents and the organization.

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Scenario

Members of a sorority loaned their house to a men’s fraternity for a party. The men’s fraternity house was being painted, and they were unable to have a party at their own house. The sorority members did attend the party, but did not provide the alcohol. An underage member of the men’s fraternity was leaving the house when he fell down the front steps, which resulted in him losing his vision in one eye. The young man was intoxicated when he fell.

A lawsuit was filed in the matter against the fraternity and sorority, as well as some of their members. The allegations against the sorority included allegations of failure to supervise their patrons which resulted in the plaintiff being served alcoholic beverages until he was visibly intoxicated. Allegations against the sorority members included failure to supervise and control the fraternity members.

Result

The lawsuit settled for $190,000. The insurance carrier for the sorority paid $154,500. The remaining amount was paid by the member’s personal homeowner’s policy. We do know that the men’s fraternity contributed towards the settlement. However, we do not know the settlement amount.

The defense costs for this claim totaled $329,223. This was a very expensive claim to defend due to individual members being named and additional coverage investigations into whether or not the members were acting on behalf of the sorority.

Issues to discuss

  1. When loaning or leasing the property to other individuals/organizations, we recommend that you refer to MJ’s Position Paper on the topic and contact your Client Executive to discuss further.
  2. How do your policies address social events at the chapter property? What policies were broken in the above described claim? What policies would have prevented this claim from happening?
  3. What are some potential risks of renting the chapter property out to a third-party?
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Scenario

A member was injured while climbing onto the sorority’s homecoming float. The member was walking along side the float with other members. The float was towards the back of the parade and was starting to fall behind. The walkers were instructed to board the float to speed up the procession. While the member was boarding the float, the driver accelerated. The member was wearing a toga that became entangled in the axle. The member’s body became locked in the axle of the trailer. It is alleged that the member was dragged for 110 feet. The member suffered severe and permanent injuries due to the accident.  

A lawsuit was filed naming the University, the City, the driver of the float and the Sorority. The young man who drove and owned the truck and the trailer in which the float was built on had liability limits of $100,000. The City was dismissed from the lawsuit and the University was on the verge of being dismissed based on sovereign immunity. The driver of the truck argued that he was acting as an agent of sorority and the sorority should be vicariously liable for his actions which were allowing individuals to sit in the truck and block the view of the trailer and accelerating before accounting for the whereabouts of the participants. Defense Counsel felt that there was a good chance the sorority would be found to be vicariously liable for the driver’s actions.  

The lawsuit settled during mediation for $1,500,000.   

Issues to discuss

  1. How do your policies address events such as the one described above? What policies were broken in the above described claim? What policies would have prevented this claim from happening?
  2. What additional risk management policies should have been in place to minimize the likelihood of a claim like this happening again?
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