November 1, 2015 Michael Labadorf, CPCU Executive Vice President

I. Words of Wisdom for the Camp Insurance Buyer II. Certificates of Insurance III. Camp Claims & Lessons Learned

 What does it cover?  Most often includes employment practices liability (EPL). Vast majority of nonprofit claims are EPL, not D&O  Most D&O/EPL policies share one limit of liability so EPL claims erode what’s left for the D&O’s. Options are split the limits, increase the limits, or buy separate side A D&O coverage.  D&O/EPL coverage ‘goodies’: ◦ Defense costs in addition to limits ◦ No hammer clause or most favorable allocation ◦ Wage & hour defense ◦ Punitive damages with most favorable venue clause ◦ Qui tam coverage ◦ Third party EPL

 Flood versus Water Damage. Hurricane Sandy, Massapequa, NY 8/12/14 – 13.6” of rain, October ‘15 S.C. flood disaster  Building Ordinance A, B, C  Property in the open  Video all major buildings (dining hall loss). Take digital photos of all memorabilia

 Off premises service interruption  Business Income due to food contamination & communicable disease  Property of campers & staff  Be circumspect scheduling inland marine items. Many items are automatically covered under personal property coverage. Insure to true replacement cost – boats especially  Cash – spike periods, cover cash left in camp safe, keeping records to justify loss

 Employee Benefit Liability and Fiduciary Liability  Leased office space – mutual waiver of subrogation for insured losses, fire damage legal liability  Pollution. Don’t focus only on known fuel tanks  Employment Practices Liability  Cyber Liability  Transmittable Pathogens  Foreign liability, auto, and workers comp  Suspend auto liability & collision for vehicles laid up during the off season  Have strong venue clause in camper contracts  Not all sex abuse forms are equal. Beware the perpetrator form or forms that limit coverage only while victim is abused at camp

 Camper Accident Medical & Sickness  Report every incident that could give rise to a claim  Fidelity ‘social engineering’ coverage  Workers Compensation experience modification, and split point changes. Prior to 10/01/13, losses were capped at $5,000. Now: ◦ As of 10/1/13 - $10K of every claim goes into the formula ◦ As of 10/1/14 - $13.5K of every claim goes into the formula ◦ As of 10/1/15 - $15K of every claim goes into the formula Review unit stat cards, experience mod worksheets, and your loss runs. Review and learn from every claim, push return to work policy

 Critical, critical, critical! Many big & nasty claims can easily be avoided or mitigated by evidence of proper insurance  When to ask for one; when to give one  Read it carefully. The devil is in the details

 Additional insured on a primary, non contributory basis  Contractors – no injury to employee or 3 rd party action over exclusion  Written contracts with strong indemnity in your favor and extensive insurance clause are a must

 Counselors on time off injured at camp. Is it a liability or workers comp claim? Lines are blurred and laws vary by state. Where possible, keep WC and Liability with same insurer. No room for denial and much quicker, coordinated and less expensive claim.  Don’t focus solely on campers and counselors. Workers compensation claims from maintenance and year round staff are a growing, serious, and expensive problem. Nationally, workers compensation is the worst performing line of insurance. Have separate orientation for these staffers and enforce safety protocols and review every accident with the goal of non recurrence. Michael Labadorf