D&O Liability Policy for Clothing Optional Resort?

Started by DannyP2 • 20 replies • 202 views

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DannyP2 (Florida)
Posts: 5

Posted:

I am trying to find an insurance company willing to issue a Directors & Officers Liability Policy for a Clothing Optional Resort in Florida.

Anyone have any recommendations?

SheliaH (Indiana)
Posts: 6,964

Posted:

I'm sorry, but you can't name specific communities or companies on this website.

This doesn't seem like a question for an HOA website. Why would a clothing optional resort need a D&O policy?

Since you said this was a resort, you might want to start with your current insurance carrier to see what's available.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

DannyP2 (Florida)
Posts: 5

Posted:

WHERE did I name a specific community or company??

"This doesn't seem like a question for an HOA website. Why would a clothing optional resort need a D&O policy?"

Why would you make assumptions??

Its an HOA Community. Is this not an HOA community forum??

The HOA had a Board of Directors. Thus the need for a Directors and Officers Liability policy.

"you might want to start with your current insurance carrier to see what's available."

Again, why are you assuming I didn't?? I did, they cant find one.

Are you so offended because its clothing optional? Go clutch your pearls.

SheliaH (Indiana)
Posts: 6,964

Posted:

Calm down son - YOU asked for names of insurance companies and if you'd checked the posting rules on this website, you'd know that naming a specific vendor of any kind (property management companies, insurance companies, etc) isn't allowed.

You also described this as a clothing optional resort - usually "resort" refers to places like Disney World or Atlantis. It may be there is no such thing because D & O policies typically are issued to cover legal fees, damages, settlements, and awards if a board member or officer is sued for alleged wrongdoing. Being a clothing optional community shouldn't come into play at all.

Finally, Google is your friend - there are various insurance companies offering D & O coverage that you can contact. Have a nice holiday to you!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By DannyP2 on 12/06/2024 7:50 AM
... snip ...
Are you so offended because its clothing optional? Go clutch your pearls.

Because the best way to get random strangers on the internet to help you is to insult them. Full marks.

For your information, we don't clutch pearls around here. We clutch other things because it's bite-arse cold up here now and there is 40 inches of snow on the ground. We wear clothing because we'd die without it.

Also, not even AI has much to say about this. Presumably AI is busy clutching its bits and bytes...

DeanJ
Posts: 1,786

Posted:

Is finding DO insurance for a nudist colony difficult?

DannyP2 (Florida)
Posts: 5

Posted:

Yes, several companies will do D&O liability policy, but they wont do it for Clothing Optional. We don't have employees, but perhaps there are more lawsuits in CO communities involving employees vs officers.

I asked the insurance agent and she said its because of Clothing Optional

ElleN (Idaho)
Posts: 1,333

Posted:

Quote:

Posted By DannyP2 on 12/06/2024 5:58 AM
I am trying to find an insurance company willing to issue a Directors & Officers Liability Policy for a Clothing Optional Resort in Florida.

Anyone have any recommendations?

If you post an email address, people might have recommendations.

Create a separate "junk" email address for this purpose. This site does have stalkers who send harassing emails.

If you check posts here from the last 18 months or so, you will see that insurance premiums in Florida have increased massively year-over-year. Increases of 200% or more are common. Insurers are looking for excuses not to just raise premiums, but deny coverage in general. Some Florida HOAs/Condos cannot get insurance and have resorted to becoming "self-insured" via an amount set aside in the reserve account. You might be stuck with this is your only option.

DannyP2 (Florida)
Posts: 5

Posted:

email is

[email protected]

LoriM15 (Florida)
Posts: 1,009

Posted:

I find it interesting that you can get liability insurance but D&O insurance is such an issue. I would think your liability insurance premiums would be through the roof just because of the unique situation with a clothing-optional resort and residents/visitors possibly not understanding the limits of what clothing optional really means (unwanted touching, etc.)

You might try a different broker who carries more insurance lines. If you can't find D&O insurance you might really be in a bind - I would never serve on the board of an organization without D&O insurance.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By DannyP2 on 12/06/2024 8:42 AM
Yes, several companies will do D&O liability policy, but they wont do it for Clothing Optional. We don't have employees, but perhaps there are more lawsuits in CO communities involving employees vs officers.

I asked the insurance agent and she said its because of Clothing Optional

Is the issue clothing or calling yourself a resort, which to me doesn’t sound like an HOA.

DannyP2 (Florida)
Posts: 5

Posted:

The issue as I stated:
"but they wont do it for Clothing Optional"

This is from the insurance telling me why they cant get a policy for me.

The issue is not "calling yourself a resort"

TimB4 (Tennessee)
Posts: 21,059

Posted:

Danny,

I see that you are in FL.
Many insurance companies are backing away from FL or increasing premiums so high many simply can't afford the policy.
Of course, if your resort/company has had any legal actions that a previous D&O coverage covered, that could be a reason as well.

Expecting that you do carry liability insurance, I would think that the insurance company who is providing you with the liability coverage would be more than happy to quote you a D&O policy price.

If you desire specific company names, this site does not provide a messaging option. Therefore, many will simply create an email account for this specific purpose and post it here. This would allow those who can provide you with specific companies a way to recommend them to you.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By DannyP2 on 12/06/2024 2:45 PM
The issue as I stated:
"but they wont do it for Clothing Optional"

This is from the insurance telling me why they cant get a policy for me.

The issue is not "calling yourself a resort"

Looks to me like your issue is Florida law and an insurance company s not going to issue insurance for possible criminal behavior. Your members without clothing are on the property of another - the HOA- or within view of Private premises (out the windows of a unit a person who wears cloths)

Chapter 800
LEWDNESS; INDECENT EXPOSURE
Entire Chapter
SECTION 03
Exposure of sexual organs.
800.03 Exposure of sexual organs.—
(1) A person commits unlawful exposure of sexual organs by:
(a) Exposing or exhibiting his or her sexual organs in public or on the private premises of another, or so near thereto as to be seen from such private premises, in a vulgar or indecent manner; or
(b) Being naked in public in a vulgar or indecent manner.
(2)(a) Except as provided in paragraph (b), a violation of this section is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) A second or subsequent violation of this section is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) The exposure of sexual organs by any of the following does not violate this section:
(a) A mother breastfeeding her baby; or
(b) An individual who is merely naked at any place provided or set apart for that purpose.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By DeanJ on 12/06/2024 11:58 PM

(3) The exposure of sexual organs by any of the following does not violate this section:
(a) A mother breastfeeding her baby; or
(b) An individual who is merely naked at any place provided or set apart for that purpose.

Dean,

I'm fairly positive that the resort would be exempt under 3b of the statute.

I also expect that any such resort would take necessary precautions to minimize exposure to those outside of the resort (high hedges, fences, etc.).

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By TimB4 on 12/07/2024 4:55 AM

The problem is merely vs vulgar or indecent manner, and law suits.

KerryL1 (California)
Posts: 14,550

Posted:

I'm with Tim on this one: )

"(b) A second or subsequent violation of this section is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.The exposure of sexual organs by any of the following does not violate this section:
775.084 ....(a) .....
(b) An individual who is merely naked at any place provided or set apart for that purpose."

KerryL1 (California)
Posts: 14,550

Posted:

Note correction: "(3) The exposure of sexual organs by any of the following does not violate this section:...
...(b) An individual who is merely naked at any place provided or set apart for that purpose.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By KerryL1 on 12/07/2024 9:43 AM
Note correction: "(3) The exposure of sexual organs by any of the following does not violate this section:...
...(b) An individual who is merely naked at any place provided or set apart for that purpose.

So if a male merely naked if he has an erection or is that something else?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I need pics.

KerryL1 (California)
Posts: 14,550

Posted:

I'd sy that merely naked included male erections.

Say,Danny I'm curious. Is one area of your HOA reserved for clothing optional? Or are the entire common areas cli othing optional?

What size is your hOA?

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