Jim Ahearn, CPCU, CIC, CRM Account Executive Principal Hausmann-Johnson Insurance, Inc. Madison, WI. Liability Risks for Non-Profits
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1 Insurance Basics for Non-Profits Jim Ahearn, CPCU, CIC, CRM Account Executive Principal Hausmann-Johnson Insurance, Inc. Madison, WI Agenda Liability Risks for Non-Profits General & Misconduct Professional Information Security Director s & Officer s Employment Practices Fiduciary Risk Management Analysis, Control, Financing, Administration Corporate Governance Insurance Underwriting Steps to Take Information Premium Development Controlling Costs 1
2 Physical Injury Risks Children Risk in Programming General & Misconduct Liability Elderly Volunteer Involvement Professional Risk Design Services? Financial Analysis? Counseling? Advice or Guidance? Your Organization s Purpose Health or Medication Services? 2
3 Information Security Risk Loss of Data Risk to your organization Data Restoration/Forensic Expenses Crisis Management Revenue Loss Use of Non-public personal/confidential information Credit Monitoring/Notification Cost Liability risk towards others Defense Costs Resulting Damages Executive Liability Risks Director s & Officer s Conflicts of interest Inadequate/inaccurate disclosure Financial reporting & performance, executive compensation Contract disputes Quality of programming or services Business interference Regulatory/government issues Employment Practices Complaints/suits based on discrimination, harassment, wrongful termination, failure to hire, retaliation, hostile work environment, defamation, disability Regulatory Violations (EEOC, Dept of Labor, Fair Labor Stds Act, ADA, FMLA) Defense costs Fiduciary ERISA violations Conflict of interest in investment of plan assets Imprudent investment decisions Inappropriate plan asset loans Delinquent employer contributions Mishandling of funds Inaccurate reporting 3
4 Risk Management Identify Property, Human, Liability, Balance sheet Analyze Financial, Physical, Legal, Political, Social Control Avoid, Prevent, Reduce, Duplicate, Transfer Financing & Admin Retention, Transfer methods Corporate Governance for Directors & Officers Duty of Care Perform in Good Faith In Interest of Organization Based on expertise, experience, and background of each person Duty of Loyalty To the organization Avoid Conflicts of Interest Avoid unfair personal gain or profit Duty of Obedience To Applicable Statutes To the Corporate Charter 4
5 Risk Financing & Underwriting Stock vs. Mutual Comparing Ratings AM Best Financial AM Best Size Product Offerings Risk Financing & Underwriting Agent/Risk Manager Selection Application & Information Gathering Selection of terms, conditions, & limits Needs Analysis Proposal & Coverage Comparison Monitor & Evaluate 5
6 Needs Analysis Basic Needs General Liability Auto Liability Director s & Officer s Misconduct Liability Employment Practices Fiduciary Information Security Premium & Pricing Development Director s & Officer s Financial assets & condition Audited statements preferred Employment Practices Based on # of employees, turnover, policies & procedures Limits from $100K to multi-million $50-$100 per employee annually Fiduciary Based on benefit plan assets & financial condition of plan Compliance with ERISA, eligibility Information Security Based on amount/type of non-public personal/confidential info held Website presence, IT security 6
7 Premium & Pricing Development Professional Based on type of services, advice, or guidance provided # of professionals & their credentials General/ Misconduct Often based upon area, # of participants, # of programs Auto Type of vehicles, usage, age, radius Past claims experience Controlling Costs Strong Corporate Governance Ethics Security Low Turnover & Good Hiring Practices Strong Financials Cost 7
8 Questions? Thank You! Jim Ahearn, CPCU, CIC, CRM Commercial Account Executive & Principal D: E: 14 8
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