This guide from Travelers, the insurance company for MJ Sorority clients, provides step by step instructions on how to develop a fire safety plan for your building.

This guide from Travelers, the insurance company for MJ Sorority clients, provides information for property owners on liability regarding sidewalks.

The Indiana State Police have released a series of tips to help residents avoid carbon monoxide poisoning.  Carbon monoxide (CO₂) is an odorless, colorless and tasteless gas that does not cause irritation to the eyes or throat.  Often victims don’t realize they are inhaling toxic gas until they become ill.  More than 500 people die annually from carbon monoxide poisoning.

Symptoms of carbon monoxide exposure:

Safety measures to prevent exposure:

Excerpted from IndyStar.com

This article discusses results of a study conducted to understand college students’ views and knowledge of burn and fire safety.

Athletic sports embody everything about the competitive spirit while teaching players about team dynamics and the rules of fair play. But there is some degree of risk in playing the game – especially if the limits of strength, endurance and speed are pushed. “Athletes who push the limits sometimes don’t recognize their own limitations…,” says the Centers for Disease Control and Prevention (CDC). This can lead to injuries and illness, including sprains and strains, heat illness, concussions and heart failure.

Educational institutions, both public and private, and parks and recreation departments that sponsor competitive sports programs should have a safety and health program that promotes sound practices to help athletes play it safe and stay healthy. Programs may vary depending on the age of participants and the level of competition. In all cases, they should be reviewed routinely to help ensure they are current and comply with applicable state laws and athletic association bylaws as appropriate. They also should review the best practices promoted by athletic associations, such as the National Collegiate Athletic Association (NCAA), the National Federation of State High School Association, state high school and middle school athletic associations and coaches associations, among others.  

Coaches, athletes, school officials and parents all play an important role in helping to ensure safe practices in competitive sports. When a player is not playing it safe or a health issue or injury is suspected, the player should be taken out of play. In instances of an injury or suspected injury or health issue, the player’s condition should be evaluated (including, as appropriate, an evaluation by a medical professional) and the player not returned to the game or sport program until medically released for play. Coaches and athletes should be trained in the signs and symptoms of health-related issues during conditioning, practice and play, including for heat illness, concussions and heart failure, among others, and take timely and appropriate responsive action to help mitigate the health impact.

Athletic programs should include sound risk control principles to help in injury prevention. Some program principles include, but are not limited to:

● Provide planned and supervised conditioning, practice, competition and travel
● Comply with applicable state laws and, for NCAA member institutions, all NCAA bylaws

Concussions can be silent villains – the signs may not be readily detected. They can lead to brain damage, paralysis and, in some cases, death. To help coaches, athletes and parents identify and respond to concussions, a number of organizations offer information on concussion prevention and management, including the NCAA and the American Football Coaches Association. Additionally, the CDC, in partnership with leading organizations and experts, also provides Heads Up: Concussion in High School Sports. In addition to knowing the symptoms and what to do in the event of a concussion, “Heads Up” recommends a four-step Heads Up Action Plan before the season starts, as well as educating athletes and parents.

An athletic program based on sound safety and health management principles can help schools and park and recreation departments play it safe!

The information provided in this document is provided by Travelers and is intended for use as a guideline and is not intended as, nor does it constitute, legal or professional advice. Travelers does not warrant that adherence to, or compliance with, any recommendations, best practices, checklists, or guidelines will result in a particular outcome. In no event will Travelers, or any of its subsidiaries or affiliates, be liable in tort or in contract to anyone who has access to or uses this information for any purpose. Travelers does not warrant that the information in this document constitutes a complete and finite list of each and every item or procedure related to the topics or issues referenced herein. Furthermore, federal, state, provincial, municipal or local laws, regulations, standards or codes, as is applicable, may change from time to time and the user should always refer to the most current requirements. This material does not amend, or otherwise affect, the provisions or coverages of any insurance policy or bond issued by Travelers, nor is it a representation that coverage does or does not exist for any particular claim or loss under any such policy or bond. Coverage depends on the facts and circumstances involved in the claim or loss, all applicable policy or bond provisions, and any applicable law.

What we have learned from the fall semester of 2020 that can help our clients as they potentially re-open in 2021:

As in all things during the pandemic, it is critical that you be aware of what your national organizations and institutions are doing in terms of COVID-19 guidance and recommendations. The Greek system continues to be looked at for their leadership, and it is a great opportunity for the Greeks on every campus to show their support for the well-being of the fellow students, the campus and the broader community.

We also recommend that you review the American College Health Association’s Guidelines for Reopening for Institutes of Higher Education for the Spring Semester 2021.

We fairly regularly receive questions from members and alumnae regarding the use of individual’s personal homes for chapter events. From a risk management standpoint, we have a few different opinions based on the type of event being held. However, regardless of the type of event being held (whether it be a philanthropic fundraising event, an alumnae chapter meeting, or a recruitment event), the important thing to remember is that the homeowner would be responsible for any bodily injury or property damage that might occur from the actions or inactions of an attendee at the function. The homeowner, by hosting the event in their home, takes responsibility for any injury or damage that occurs during the event. Presumably, their homeowner’s policy would serve as the appropriate way to handle the incident.

We highly recommend that the event organizers advise the homeowner of this information prior to the event, so the proper expectations have been set beforehand. Obviously, this might convince some volunteers to rescind the use of their home, but this alternative is far better than having them upset when we decline a claim that developed out of their event in their home.

If the homeowner would not wish to be exposed in this liability but still would like to hold the event in their home, we encourage them to draft a contract between the homeowner and the chapter, in which the organization agrees to add this homeowner on as an additional insured and, therefore, receive coverage under the national liability policy. This type of arrangement must be approved by the Fraternity/Sorority Headquarters.

If a function is planned at an individual’s home that rises to the level of a significant event with many attendees, such as a fundraiser, we would highly recommend that there be a specific contract in place between the group and the owner of the home listing the terms and responsibilities of each party to the contract, such as provisions that clarify which party is responsible for any bodily injury or property damage that comes from the event. If you are contemplating this type of event, please contact us as early in the planning process as possible, so that we can address the necessary insurance verbiage and requirements upfront. If we deem that the exposure is outside of the normal level of risk, the insurance company may require some additional premium.
The other potential exposure that must be properly addressed is the matter of catering and the serving of alcohol at these events. In these cases, both the organization and the homeowner would need to take the appropriate measures to ensure that both the caterer and who ever serves the alcohol has their own insurance coverage in place to cover their actions.

Should you have any questions or concerns, please do not hesitate to contact us.

Use CTRL+F to search for a specific term on this webpage.

Aggregate Limit: A limit in an insurance policy stipulating the most it will pay for all covered losses sustained during a specified period of time, usually one year. Aggregate limits are commonly included in liability policies and apply per chapter location.

Bodily Injury: Injury to the body, sickness or disease sustained by a person, including death resulting from any of these at any time.

Certificate of Liability Insurance: This is a certificate issued by the insurance company detailing the particulars of the insurance coverage in place for all chapters and regions under the general liability policy. This certificate may be used to document the existence of coverages for chapters and regions. This document is not sufficient when a third-party requests a certificate where they are named as an additional insured.

Certificate of Liability Insurance for an Additional Insured: This is a certificate issued by the insurance company detailing the particulars of the insurance coverage in place for all chapters and regions under the general liability policy. This document specifically identifies a third party as being expressly covered under the general liability policy for a specified period of time (i.e. an additional insured). This form of insurance certificate is often requested by facilities where chapters or regions are planning to hold events.

Claim: An incident where the injured party is making a demand for compensation under the terms of an insurance contract.

Director’s & Officer’s Liability Insurance: Offers directors and officers protection from personal liability and financial loss arising out of wrongful acts committed or allegedly committed in their capacity as officers and/or directors.

Exposure: The measure of your vulnerability to loss.

General Liability insurance: Coverage that pertains, for the most part, to claims arising out of the insured’s liability for injuries or damage caused by ownership of or responsibility for property, sale or distribution of products, and liability for the insured’s operations.

Incident: An occurrence involving bodily injury to a member or guest that does not result in a formal claim. All incidents must be reported when discovered due to possibility of them becoming a claim.

Intentional Act: Deliberately fraudulent acts or omissions, wanton, willful, reckless or intentional disregard of any law or laws. An accident, including continuous or repeated exposure to substantially the same general, harmful conditions.

Property Damage: Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the “occurrence” that caused it.

Underwriting: The process of selecting risks for insurance and classifying them according to their degree of insurability, so that the appropriate rates and premiums may be assigned. The process also includes rejection of those risks that do not qualify.

Have we missed a term that you would like to see explained? Contact Sara Sterley with your suggestion. Thank you!

Introduction

Understanding contracts can be complicated. Full of legal jargon and insurance terminology, sometimes reading a vendor contract can feel impossible and overwhelming. This document is meant to help you break down the components of a contract and identify insurance related language that may be problematic for your organization. We hope that this article helps empower you to think critically about whether signing a contract is in the best interest of your organization.

Contracts and the Transfer of Liability

One of the most consequential insurance issues found in contracts is the transfer of liability from one party to another. Such a transfer can be explicit – “while in your use, you are responsible for any property damage to the rented facility,” or less explicit – “if you agree to this term and there is a bodily injury incident, then you have forfeited the opportunity to sue the venue for an unsafe physical condition in the property because you are holding them harmless.”

Often these less explicit transfers of liability aren’t caught before a contract is signed and a member has unknowingly bound an organization to more liability than is preferable or intended.

Look out for the following verbiage in a contract that can indicate a transfer of liability:

While MJ does not review contracts for hold harmless or indemnification language, they are still cause for concern and you should consult your organization’s policies for guidance. Under an MJ contract review for insurance language, contracts that include only hold harmless and/or indemnification clauses will be considered satisfactory and there is no need to submit them to MJ for review.

If your contract contains other insurance related language such as additional insured or a third party is requesting a certificate of insurance, please fill out this form to have your contract reviewed for insurance requirements.

Addressing Additional Insured Language

An additional insured extends liability insurance coverage beyond the named insured or your organization and its members and staff to include other individuals or groups. Often, contracts require that the third-party vendor be listed as an additional insured. This extends them coverage under your policy, meaning that you forfeit the right to sue them if they were negligent in their responsibilities under the signed agreement. Potentially, your policy would have to pay for a claim and associated costs where an additional insured was grossly negligent, even if you had little to no responsibility.

This is clearly very unfavorable for your organization. If you see additional insured language in a contract, please first refer to your organization’s policies and procedures. Then, attempt to get the contract amended to exclude the additional insured language. If you have additional questions or are unable to amend the contract, please contact MJ Sorority to review the contract and, in consultation with your organization’s headquarters, provide recommendations.

Determining a Third Party’s Existing Insurance: Certificates of Insurance

When hiring a contractor, renting a venue, or working with other third-party vendors, it is essential to determine whether they have adequate insurance. Before signing a contract, be sure to ask for copies of the third party’s certificate of insurance, which will provide you with this important information.

MJ recommends that third parties hold the following minimum limits of liability insurance:

If a third-party does not hold these minimum requirements, please contact your headquarters to determine whether you need to identify an alternative option.

Liquor Liability: Deep Dive

We often hear that a state does not require a venue or bar to carry liquor liability at all. This does not change our recommendation. If you are contracting for a service where alcohol will be served, the party administering the alcohol service should carry at least $1,000,000 of coverage per occurrence in liquor liability. The requirements or lack thereof in state law are immaterial.

 Helpful Tips and Tricks

Always do your homework before signing a contract. If you’re considering a facility for rental, do a walk through and refer in the contract to any visible property defects or damage that was present before your function was held. This eliminates the possibility of the venue alleging that you damaged their property during your event.

Plan ahead! If organizing an event, be sure to give yourself plenty of time to find alternative venue or bartending service if necessary. It’s important whenever you enter into a contract to do your due diligence and be confident that you’ve selected the vendor that is the best fit. If a vendor can’t or won’t provide a certificate of insurance at your request, this is a red flag and often a sign of a poorly run business.

It’s always a good idea to have more than one set of eyes review a contract. Check with another chapter officer, advisor, or staff members to review a contract, especially if there is language you feel is unclear or don’t understand. Your organization’s policies are a huge help when determining whether a risk is tolerable! If there is insurance language such as additional insured or a certificate of your insurance is requested, MJ Sorority is here to help! Here is a handy link to our contract review forms.

Examples of Contract Language

Here are some examples of the more common transfers of liability:

Signed, Sealed, Delivered!

Our goal is always to help you manage risk and achieve the task at hand—whether that’s contracting with a service provider to mow your lawn or renting a venue for a spring formal. By asking questions up front, you can save yourself and your organization from regretful contracts and succeed in achieving your goals!

So you’ve figured out that you need to complete the form on our website? You’ll need the following before you get started:

Now we’ll go step-by-step through the form together.

*We are using this as a generic sorority name as an example. Substitute in your sorority’s name.

Whether or not to quarantine sick members or employees at the chapter house is up to each individual chapter and house corporation to decide based on their organization’s guidance, their campus and local health department guidance, and the structure and layout of their individual facilities.

Many of our clients are feverishly preparing for their members to return to campus, both resident and non-resident. We can only imagine the stress and anxiety that you are facing as you navigate the opening of your chapter house. We appreciate you and your leadership as you face this challenge, you need to be confident in knowing that your organization has secured a comprehensive insurance policy to cover the entities and your exposure to liability. 

As we have urged, we are confident that you will implement the COVID-19 CDC guidelines, you will have trained your staff on the procedures, and you will have educated all your collegiate members on the safety guidelines. Having done so and doing your best to get compliance, your liability will be significantly reduced. The standard is “what a prudent and reasonable person would do.”

During these chaotic times, the comprehensive insurance coverage that your organization has purchased hopefully gives you the freedom to make the best business decisions for your chapter or house corporation.

Safety measures are being implemented for not only your collegiate members, but just as importantly, for your employees. We recently had a question that we wanted to address for reference. The question was what should be done if the house director becomes ill with the COVID-19 virus. 

Below are some points to consider:

As always, please do not hesitate to contact your Client Executive should you have additional questions or need further guidance.

As a house corporation volunteer, you are in the midst of reviewing the impact of the COVID-19 virus on the chapter operations and the possibility/probability of your college or university being opened this fall academic semester and what that would look like. We have come to understand that each and every campus will be deciding the best option for its students and that the sorority chapters will undoubtedly have to follow their lead.

Thus, we think that this is a good time to make a connection with the appropriate university personnel who can help you also navigate this matter more effectively. As a means of trying to establish a relationship/partnership with the university, we are suggesting some basic questions that you may want to consider asking to get a sense of where the university is currently thinking which may ultimately help you gauge your direction. As a private organization, you will have the choice to make the decisions that work best for your house corporation and the chapter but sharing information can also be of some assistance in this very challenging matter.

Whom to contact at the university will vary by university, but we have seen many universities designated a COVID-19 taskforce. We recommend asking to speak to someone on the taskforce, if applicable. If that is not possible, the office of the Dean of Residential Life would be a great resource to connect with now, as well.