Are Board Members covered under insurance for liability?

Started by MichelleC8 • 9 replies • 236 views

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MichelleC8 (California)
Posts: 80

Posted:

I know this is something I should be asking our management but I wanted to ask here first to see if I am out of line for my concerns.
Our elderly board member was seen climbing up a ladder to have a discussion with a vendor who was servicing a rooftop problem.
This worries me as I can see this elderly person wobbling up as he is moving on the ladder 40 feet up on a open 3rd floor walkway. If he fell is he covered by any basic insurance? I know we are licensed and bonded as BODs but what about this?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

We have D&O Insurance but also liability for just such a thing. One needs it for things like someone slipping on ice on the clubhouse stairs.

MichelleC8 (California)
Posts: 80

Posted:

Quote:

Posted By JohnC46 on 01/28/2022 12:28 PM
We have D&O Insurance but also liability for just such a thing. One needs it for things like someone slipping on ice on the clubhouse stairs.

Mm.. I wonder about this type of activity. I know as I was the past president I always deferred these activities to vendors who were license, but I was concerned about what I saw. Slip and fall is totally something that can happen anytime, but a board member on the ladder up like this is a different issue I think.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By MichelleC8 on 01/28/2022 12:40 PM

Posted By JohnC46 on 01/28/2022 12:28 PM
We have D&O Insurance but also liability for just such a thing. One needs it for things like someone slipping on ice on the clubhouse stairs.

Not to play lawyer but if he was acting on his own, as not told to nor asked to do such by the associations, he is liable.

MichelleC8 (California)
Posts: 80

Posted:

I hope so. This is an elderly man who is well past 65 and already is unsteady on his feet. This is why this activity concerns me. I don’t want to foot this fools bills if he decided to do a nose dive off the ladder. !!

KerryL1 (California)
Posts: 14,550

Posted:

Our agent told our Board in no uncertain terms that directors/officers and committee members too need to stay off of ladders and away from electrical issues. There's no coverage for those activities.

So, Michelle, I think it depends....

KerryL1 (California)
Posts: 14,550

Posted:

Btw, Michelle, read your policy. also talk directly with your agent.

MichelleC8 (California)
Posts: 80

Posted:

I guess I can ask who our carrier is.. and go from there. I have the right to know what our coverage is.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Ask your insurance agent a.s.a.p. - this sounds like a lawsuit waiting to happen. D&O insurance is separate from this - if you have anyone doing physical work for the HOA (even unpaid volunteers) you'll need workers comp or equivalent insurance. Even if this person is doing this "on his own", you can bet he (or his survivors) will expect the HOA to cough up if things for sideways.

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By KerryL1 on 01/28/2022 12:57 PM
Our agent told our Board in no uncertain terms that directors/officers and committee members too need to stay off of ladders and away from electrical issues. There's no coverage for those activities.

This, AFAIC. Plus owners as well need to keep their mitts, feet, and so on away from and off anything to which vendors may have access but owners normally do not. I would hope competent HOA/COA attorneys say the same.

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