Legal Question in Insurance Law in Indiana

I am on the leadership team at my church and we frequently receive requests to rent the church building for one-time events such as weddings, funerals, etc. We have the group or individual renting the facility sign a rental agreement and hold-harmless waiver however we are unsure if we should require the renter to provide a certificate of liability insurance. We are concerned that someone attending the event could sue the church in the case of an injury that is unrelated to any negligence by the church but we asking a bride and groom to obtain liability insurance for their wedding seems like overkill. What's the best way to go with this type of event?


Asked on 9/06/10, 8:13 am

1 Answer from Attorneys

Larry Jackson Jackson Law Firm, LLC

You should first check with your liability insurer/proprerty insurer and ask your agent to explain to you what coverage you have for events such as those you are discussing. It may be that your policy provides adequate coverage for such events and then there will be no need to ask the renters to obtain their own insurance (which would likely be very difficult for them to do for a one-time occasion).

With regard to whether someone can sue the church for an act that does not involve the church's negligence but which happened on church property, the answer is yes, they could bring such a suit, but they could not win it. A property owner is liable for injuries on the property only to the extent the property owner is negligent.

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Answered on 9/13/10, 10:31 am


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