RF Ougheltree Insurance

Non-Profit Organizations

Being not-for-profit does not mean that the decisions of the board are immune from public scrutiny.  Directors and officers of a not-for-profit organization can be held personally liable for the decisions they make or actions not taken.

Donors, employees, recipients of service, vendors, competitors, and even the government may bring an action against the organization and its board. A corporate shield and broad by-laws offer board members and employees some protection. Unfortunately, in many cases, such protections may not be adequate.

Typical lawsuits against directors and officers include allegations of:

  • Mismanagement of operations or organization assets.
  • Acts beyond authority granted in by-laws.
  • Violation of certain state and federal laws.
  • Breach of fiduciary duties.
  • Discrimination (age, race, sex, employment, membership), harassment or wrongful termination of employees.
  • Inefficient administration or supervision.
  • Misleading reports or other misrepresentations.
  • Libel and slander.
  • Failure to deliver services.
  • Acts beyond granted authority.

Each of these types of litigation can last several years, becoming a financial burden and a continuous drain on a not-for-profit organization. If an organization cannot indemnify its directors, officers, or employees, either because of the allegations of a lawsuit or as a result of the organization’s insolvency, then this financial burden can become the personal responsibility of the organization’s directors, officers, or employees.

The non profit organization liability policy offers comprehensive coverage at a competitive price.

Hull & Company, Inc. (RFO) works closely with independent agents and brokers to help protect non profit organizations and their executives, employees and volunteers. Call us to discuss your activity with this class of business and opportunities to support your efforts to develop meaningful coverage programs for your clients.

We are interested in helping you “roll over” books of business to a stable insurance company that specializes in Non Profit Organizations. To be eligible for a “roll over” we require a book of business that can generate a minimum of  $100,000 premium.  The process is simple; all you need to do is contact us with the total number of policy files. We will then arrange a visit to your office with an underwriter who will quote each eligible account based on information in your file.

Eligible Accounts:

No restrictions

  • Insurance Company cancellations or non renewals due to unfavorable claims experience
  • Organizations facing financial distress
  • Start-Ups
  • Other special situations

Coverage:

Negotiating the correct coverage for the desired level of protection can be involved and require various carriers and policy forms. 

As a D&O specialist, Hull & Company, Inc. (RFO) develops a variety of protection options for the boards of public, private, and not-for-profit organizations. We welcome you to contact a staff broker to discuss a particular risk.

  • Admitted and non-admitted insurance companies
  • Traditional Primary and Excess coverage
  • Side A Excess Difference-In-Conditions coverage for preserving personal liability coverage when the company:
    • fails or refuses to indemnify a director or officer.
    • is sued along with the directors and officers, and the D&O policy limits are eroded or consumed by the policy's entity coverage.
    • is financially unable to indemnify its directors and officers against claims made against them.
    • is prevented by law (domestic or international) from indemnifying its directors and officers for the particular claim at issue.

Other D&O Coverages:

  • Personal Director’s Liability
    • With evolving legislation and stricter corporate governance standards, directors face greater personal liability than ever before. This policy is designed to protect their personal assets beyond protection afforded them by a traditional directors and officers (D&O) liability insurance policy.
  • Outside Directorship Liability Insurance (ODL)
    • When companies encourage their employees to contribute their time and talents to community activities including service as directors, officers, or other leaders of nonprofit and for-profit organizations they can also create complicated liability issues and unintended losses for the company and the individuals who serve.
    • As separate coverage, the policy provides a separate and distinct limit of liability independent of a company's directors and officers (D&O) liability limit.

Applications:

New Business Application-Stand alone

New Business Application-Package policy

(includes Directors and Officers Liability, Employment Practices Liability, Fiduciary Liability, Miscellaneous Professional Liability, Media Professional Liability, Network Security & Privacy, Technology and Telecommunications E&O, and Crime)

Side A Excess Difference-In-Conditions Application (All states except NY)

Side A Excess Difference-In-Conditions Application (NY only)

Personal Director’s Liability Application

Outside Directorship Liability Insurance Application

On-Line Quoting:

USLI Non Profit Directors & Officers (NDO)

This product targets not-for-profit organizations with less than 200 employees. Click on Target Accounts for a list of risks that are eligible for this product.

The  link will enable you to quote online with us through United States Liability Insurance Co. (USLI)  If you are using this service for the first time you will need to create a new account.  If you are a returning customer, you will need to supply your user name and password.

Scottsdale Non Profit Organizations

This product targets not-for-profit organizations with up to 300 employees and less than $20,000,000 in total assets. Click on Target Accounts for a list of risks that are eligible for this product.

This link  will enable you to quote online through ERisk Services.  The quote will be sent to us and then forwarded to you. Please contact us if you would like your own link that will give you instant quotes with your company’s logo.

The online application is designed as a package for non-profit organizations and includes the coverage sections shown below.  The applicant only needs to complete the desired Coverage Sections along with the basic application section I through VI.

Each coverage section can be purchased on a standalone basis or included in combination with any of the other coverages offered.

Directors & Officers and Company Coverage Section:

This product targets not-for-profit organizations with up to 300 employees and less than $20,000,000 in total assets. Click on Target Accounts for a list of risks that are eligible for this product.

Employment Practices Coverage Section:

This product targets not-for-profit organizations with up to 300 employees and less than $20,000,000 in total assets. Click on Target Accounts for a list of risks that are eligible for this product.

Fiduciary Coverage Section:

This product targets private companies with up to $50 million in plan assets. Union and Multi-employer plans are NOT eligible for this product.

Privacy & Security Coverage Section:

 

Note: Technology, Media & Professional Services Coverage Section and Miscellaneous Professional Services Coverage Section are the other modules in the package policy which are not available online.

Other Coverages:

All or most other coverages that comprise the RFO practice are appropriate. Contact a staff broker to discuss a particular account.

All insurance product and/or coverage descriptions are informational only. It is neither an offer to sell nor a solicitation to purchase any particular insurance product. Coverage may not be available in all jurisdictions.