February 16, 2011 to March 15, 2011
Lead Stories
Camp Not Liable for Assault By Volunteer on Camper After Season
Court says camp had no duty to protect camper and volunteer was not acting with apparent authority
Church Members Can’t Oust Trustees from Office
Corporation does not provide for voting members so members of congregation lack right to change trustees
Who Should Receive Income For Work of Society?
Court interprets language of trust giving funds to Bishop for work of St. Vincent dePaul Society
Ready Reference
Sole Member Bylaws Can Protect Founder of Nonprofit
The right to appoint and remove directors and veto any amendments to governing documents is critical to control of the organization
To the Point
Indemnification without insurance seems superfluous, but how about insurance without the bylaw indemnification clause?
In one of your answers you state: "One of the key questions to ask before agreeing to serve on a nonprofit board is whether the organization has an indemnification policy properly spelled out in the bylaws, and whether it has insurance to back it up."
I have been asked to join a board that carries officer and director liability insurance but nowhere in its bylaws (or elsewhere) is it written that the organization will indeed indemnify this same group. Indemnification without insurance seems superfluous, but how about insurance without the bylaw indemnification clause?
Lessons from Litigation