[sac-board] Re: [Fwd: Re: SAC insurance]

> As to incorporation, my comments were not that not that it leads to or 
> away from litigation; just
> that I feel it does offer protection to the officers and directors of the 
> club, should it find
> itself in a lawsuit. Realistically there is nothing that can insulate 
> anyone from the potential of
> litigation - all one can do is to ensure they are adequately protected. 
> Personally, I think the
> chances of such a lawsuit involving the club are extremely remote, but if 
> the club was being sued
> and its assets weren't enough I wouldn't want to be in a position where my 
> personal assets could be
> in peril (not that I am).


Peter, am I missing something here?  Kimball's statement that AJ posted 
appears to be in conflict with
your above thinking.

Specifically......
[quote]
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.
[/quote]


I get the distinct feeling that we're not going to be finishing this topic 
in any short time,
but I do encourage, and indeed ask, that we keep the discussion going so 
that we
can (hopefully) understand the best course of action.

Thanks for all the input, let's keep it rolling.

Thad

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