In reviewing the discussions there isn't anything current that clearly defines the requirement for liability insurance.  We are a Nonprofit Road Association, what are other associations of this type doing now with regards to insurance?  Are board members covered by current legislation?  Do we only need to have liability insurance?  If sued is our liability limited to only the current assets of the association?

Dave

THOMAS DECOSTE wrote:We are a Mutual Benefit Non-Profit Corporation since 1988.  We also have never had liability insurance.  In the past, inquiries with insurance companies have resulted in huge premiums so we have not purchased it.  Our Association is a bit different from most.  We have 22 miles of road and two bridges, so, the underwriters viewed us more like a municipality.  I spoke with a company yesterday who should be getting back to me soon and I will update with that information.  This time they seem to understand that the insurance is for the Executive Board and Directors.  If someone were to sue the corporation, we would loose our meager savings and go bankrupt.  No deep pockets there.  If then, the suit attempted to collect from the Corporate leadership, then we should be protected.   I am hoping the underwriters view this as similar to an umbrella policy which are fairly inexpensive.  Will let you know what they say and if it is positive, let everyone know the company we are inquiring with.   

We are researching the need for liability insurance and have found that the Landowners Liability Law exists which provides landowners with protection for a broad range of recreational activities on their land. The law also provides protection for landowners for the "entry of and passage over private roads and lands in order to pursue any of these recreatioanl activities".  With the protection that this law provides it leaves two other areas of liability concern..Directors and Officers and liability for commercial road users such as delivery people and contractors.  I would like more information on what coverage is provided in the 2009 law that provides limited immunity for Officers.  In regard to commercial people and/or contractors, would they be covered under workers compensation or their own firms insurance for injuries they might suffer in using our association roads (ie like falling when exiting their vehicles)?

Thanks for any information you can provide.