Legal Question in Insurance Law in North Carolina
I'm an officer of a local chapter/club of an international non-profit organization. We have liability insurance through HQ. Our charter states that this group is for adults (18+). If we have visitors or guests that are 17 years old, are they covered under that policy?
2 Answers from Attorneys
Without seeing your policy, it is impossible to say. I recommend speaking to your attorney, which I assume your international organization has on retainer.
When you ask if the 17 year old is "covered," I'm assuming you're asking whether the policy would cover the organization if the 17 year old is injured. (This is different from asking whether the policy covers the liability of the 17 year old, which I assume you're not asking.) A liability policy provides coverage generally regardless of the charter. It will cover the insured's liability for accidents, and the scope of the charter generally would not affect coverage. If you have serious concerns about this, then you might want to speak with an attorney in your area for further guidance. It is also worth noting that the policy will only pay if the insured is negligent, and if the guest is not contributorily negligent; therefore, the guest or visitor will, as a practical matter, often not have coverage under the policy. Nevertheless, the policy protects the organization from potential liability, and will defend the organization if it is sued.
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