Dear Madeline,
Finally a straight answer from Edmund! I received the
following on Friday and, just as contended, volunteers are not covered under the
D&O Liability policy:
>
> " I have included some additional
follow up in regards to your question about the insurance coverage for volunteer
members within the community.
>
> "Jacky spoke with Kelly McGee
from Stateowners Insurance in regards to her question on coverage for committee
members. Kelly's response was that only Board members are covered under our
current policy."
>
> Thanks,
>
> Edmund
LaFrance
>
> Property Manager
>
> William Douglas
Management"
Apparently, Jacky DID call the insurance company and
DID receive an answer. This all happened last month . Kelly McGee's reply
causes me, and should all of you, some real concerns:
Why did it take
one month and numerous e-mails before an answer was forthcoming?
I
believe that our attorney, Mr. Moody, opined months ago that all volunteers
were, by extension, covered by the Board's policy. It is obvious that Mr. Moody
made his opinion known WITHOUT checking with the insurance company. He opined
without investigating the issue. Has he offered other opinions that do
not pass the sniff test? He seems to give opinions that are contrary to
opinions of other attorneys--recall petition, sub-association,... The legal
chair has an obligation to make sure that Mr. Moody's opinions are based on a
thorough investigation of fact, not 'off the cuff.'
Volunteers do not
need to be covered by the D&O Policy if the Board would add to its policy
manual something like the following:
The Board of Directors will
cover any and all legal expenses incurred by an approved volunteer because of
his/her actions as a committee member.
Madeline, it is unfortunate that
the residents of this community continue to suffer under a Board that appears to
make uninformed decisions.
Jude
