Charity and NFP Legislation

Not-for-profit and charity leaders frequently prioritize constructing and nurturing communities to such an extent that they inadvertently overlook the importance of safeguarding themselves and their organizations.

When operating an office with a team of employees, volunteers, and a board of directors, it is essential to have insurance in place. Nonprofits are exposed to similar risks as private sector organizations, but they also encounter challenges specific to the charitable sector. Acquiring adequate coverage can be difficult, particularly for nonprofits with limited budgets that may struggle to obtain all the necessary types of insurance.

Nonprofit organization leaders need to possess a comprehensive understanding of potential risks and proactively take measures to ensure their organization's resilience and safeguard against events that could jeopardize its viability.

Typical Risk Exposures

An incident where a volunteer sustains an injury at an event and holds the organization accountable, instances of missing fundraising donations, and cases of a charity employee harassing a client are all tangible scenarios that expose the organization to risk and have the potential to result in insurance claims.

While not-for-profit organizations face various risks, some of the most prevalent ones include:

• Scamming for funds
• Damaging reputation
• Loss or destruction of property
• Adhering to regulations
• Management of volunteers
• Safeguarding online security

If a nonprofit organization experiences a cyber attack or a significant damage to its reputation, it may struggle to recover, especially if it lacks the necessary resources. It becomes crucial for the nonprofit's leadership to safeguard the organization by implementing risk management strategies, which includes obtaining suitable insurance coverage.

Develop an All-encompassing Insurance Program

When delving into the world of insurance, the multitude of coverage options can feel daunting. Some may even appear irrelevant to your specific needs. While certain specialized coverages may be applicable to your organization, a fundamental nonprofit insurance program typically revolves around three central coverages essential for managing organizational risks.

1. General liability insurance safeguards and bolsters overall business operations. It provides protection against claims related to bodily injury, property damage, and personal/advertising injury liability resulting from the organization's premises, operations, or products. This coverage is comprehensive in nature, encompassing a wide array of risks. It serves as a foundational policy for the organization and is commonly recognized and utilized by most nonprofits.

Example: A scenario arises where an individual below the legal age for adoption gets bitten by a dog while at your animal shelter, resulting in a visit to the emergency room. Subsequently, the parent of the affected individual files a claim against the nonprofit organization, seeking compensation for bodily injury.

2. Cyber insurance serves as a risk mitigation tool for breaches and other cyber-related incidents. It provides coverage for a range of expenses associated with responding to data breaches, as well as costs related to public relations and crisis management. However, it's important to recognize that cyber insurance cannot be standardized. Each policy should be customized to align with the organization's specific requirements, considering its distinct risks and exposures. A comprehensive cyber policy should encompass the following areas of coverage:

• A privacy lawyer's services to assist in managing legal obligations following a breach

• Funding for a forensic investigation to identify the root causes of the breaches

• Expenses related to notifying potentially affected parties and offering credit monitoring services, along with the cost of engaging a public relations firm to mitigate reputational harm

• Coverage for liability defense expenses, claim settlements, judgments, as well as regulatory fines and penalties

• Protection against damage to the IT network and digital assets, including any resulting business interruptions

Example: In an unfortunate scenario, hackers manage to gain control of an organization's donor database by exploiting a remote employee's laptop. They then demand a ransom to prevent the release of the sensitive information online.

3. Directors and Officers (Management Liability) insurance provides protection for your board of directors, safeguarding them against lawsuits and the need to personally defend themselves. This insurance coverage shields them from liabilities arising from the operational aspects of the organization, including employment-related matters like wrongful termination and acts considered as breaches of fiduciary duties concerning group benefits plans. While many nonprofit organizations may promise to indemnify their board members, such assurances often hold little value unless there is a substantial litigation defense fund or an appropriate D&O policy in place.

The crucial aspect to note is that nonprofit leaders bear personal responsibility for their decision-making. What's even more concerning is that they can be held accountable for decisions made by fellow leaders solely due to their membership on the same board.

Example: A prosperous family donates a substantial amount of money to a nonprofit organization with a specific intention in mind. However, the organization utilizes the funds in a manner that goes against the family's wishes. Consequently, the affluent family initiates a claim against the directors, alleging the "wrongful" utilization of their donated money.

Securing suitable insurance coverage can pose a significant challenge. However, in today's world, operating an organization without such coverage is hardly feasible. The potential risks are simply too great. Collaborating with a specialist who possesses a genuine understanding of the unique requirements and challenges within the nonprofit sector can alleviate the difficulties involved in this process.