1. AN INTERACTIVE DISCUSSION OF LIABILITY EXPOSURES FACING NON-PROFIT ORGANIZATIONS FEBRUARY 4, 2010

2. EXPOSURES FACING NON-PROFITS Sources of Funds – How do non-profits use their funds (donations, gifts, government grants)? – Personal use of donor money Use of the Internet – Websites that offer links, information, services and e-mail access carry the same risks that traditional publishers faced Copyright issues, defamation and invasion of privacy

3. EXPOSURES FACING NON-PROFITS Trends – Governance risk – Employment risk – Volunteer risk – Screening, testing and accident investigation – Youth development and protection – Vehicle safety, usage procedures and driver selection – Special event exposures – Facility risks – Directors’ and officers’ liability

4. PREMISES LIABILITY: How To Manage The Risks Know Your Premises – Landlord or tenant responsibilities – Metes and Bounds – Audit – Insured Premises – Related Entities Insurance Coverage – What is covered? – Who is covered? – Named Insured and additional insureds – Exclusions, warranties, conditions

5. PREMISES LIABILITY How To Manage The Risks Proactive Efforts – Routine Inspections – Log Book/Documentation – Notice/Constructive Notice Claims Procedure – Process – Investigation Who conducts the investigation and what is the background of the investigator? Photographs, medical records, witnesses and documentation

6. PREMISES LIABILITY How To Manage The Risks Litigation – Duty, Duty, Duty – Notice v. Constructive Notice

7. DIRECTORS & OFFICERS LIABILITY Role of directors and officers in a non-profit organization Duty of care of board members Types of claims brought against the Board – Derivative brought on behalf of the non-profit – Direct or Third Party brought by an employee or by a person who has no connection to the organization

8. DIRECTORS & OFFICERS LIABILITY Most Common Risks – Disgruntled or terminated employees – Employees who were victims of harassment – Employees who faced discrimination – All others who are not on the payroll Clients The public Vendors Donors

9. DIRECTORS AND OFFICERS: INSURANCE COVERAGE Who is covered by a D&O policy? What is covered? What exclusions typically exist? Innocent Insured How is the policy used to defend the organization? – claims made v. occurrence – defense costs What is the rating and claims paying history of the insurance carrier?

10. DIRECTORS & OFFICERS: LIABILITY EXPOSURES Volunteer Immunity – Federal Law – State Law Fiduciary Liability Workers’ Compensation and Employer’s Liability Automobile Liability

11. CONTACT US Bill DiSipio, Esquire Frank Burns, Esquire Lavin, O’Neil, Ricci, Cedrone & DiSipio Suite 500 190 North Independence Mall West 6th & Race Streets Philadelphia, PA 19106 215-627-0303 www.lavin-law.com DanielSeltzer, CPCU Cindy Wolkienicz, CPCU, ARM Cohen-Seltzer, Inc. 520 West Pennsylvania Avenue Fort Washington, PA 19034 215-542-0600 www.cosel.com