[sac-board] [Fwd: Re: SAC insurance]
- From: AJ Crayon <acrayon@xxxxxxxxxxxxxx>
- To: SAC Bored <SAC-Board@xxxxxxxxxxxxx>
- Date: Tue, 19 Jul 2005 19:53:25 -0700
At the urging of Thad I did another search of my many archives and came up
with the following e-mail from Kimball. I don't think this made it with the
three earlier postings. In this communication he addresses the
incorporationtopic. I'll not put my 2 cents in, thereby forcing everyone to
read for themselves.
Don't try to e-mail Kimball, that address is no longer valid.
Enjoy,
aj
P.S. - I'm with Rick Rotramel on the monetary subject!
-------- Original Message -------- Subject: Re: SAC insurance Date: Mon, 20
Sep 2004 20:50:39 -0700 From: Kimball Corson <kcorson@xxxxxxxxx>[1] To: AJ
Crayon <acrayon@xxxxxxxxxxxxxx>[2] References:
<4118215D.7090504@xxxxxxxxxxxxxx>[3]
<019b01c47e7f$d7ebfcd0$ed440d82@kimballc><414E5F5C.1040607@xxxxxxxxxxxxxx>[4]
Hi AJ, Sorry I have been slow to get back. I changed my email address and
fell off the Board list and then additionally I have been getting ready for
or in trial until a few days ago. Even so, I viewed my charge to be broader
that just reviewing the policy. I understood I was to address the liability
problem more broadly and I have done that. The policy is decent and
worthwhile. It or one like it should be retained. I believe it would be
difficult to get a much better policy for comparable expense. The
requirements of the policy must be adhered to in order to have effective
coverage, however, and attention should be paid to them. But additionally,
there is more that can be done. Incorporation of SAC is not a real solution
per se, by way of seeking additional protection. While it would arguably
protect members as such, it would do little to protect the Officers and
Boardmembers of SAC themselves, while acting as such. Most actions of SAC
areBoard or Officer determined. The claim would be that the Board, Officers
or all of them acted negligently and therefore outside the scope of their
corporate authority. It is difficult to argue that they were authorized to
act negligently by the corporation in most cases. While there are defenses,
reasonable certainly does not attend them. Though not expensive,
incorporation would not likely be cost effective. What the Board and
Officerscould and should do is require event participants to sign a release
as a condition of participation in the event. This would require some
paperwork, but it is worthwhile. If an event participant is required to read
and sign a full release, in order to participate in the event, which
providesSAC and its Board, Officers and Members are each fully released from
any and all liability of every kind arising out of the event, whether known,
knowable or foreseeable or not, and the signatory further assumes all risk
associated with participatation in the event, it is very difficult for a
participant to later argue someone with SAC should be held liable. This is
the biggest addition step SAC could take. Kimball Corson
--- Links ---
1 mailto:kcorson@xxxxxxxxx
2 mailto:acrayon@xxxxxxxxxxxxxx
3 mailto:4118215D.7090504@xxxxxxxxxxxxxx
4 mailto:414E5F5C.1040607@xxxxxxxxxxxxxx
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