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I
concur with Mr. Honigman.
However, community garden organizations, not individual gardens,would be
wise to have d and o insurance to protect the board of directors from financial
harm. I have several board members who would not serve without it, having
experienced the costs of runnin bare. Only if there is a fudiciary
responsibility is it necessary. FYI, since 9-11, d and o insurance has
more than doubled. Gateway Greening's runs $3,700 annually up from $1,700; altho
we are checking out some via the United Way
We do
carry liability for the one garden we own, via the Missouri Botanical
Garden. It is a local carrier. If you have no permanent
structures, you might get away with a "flat land" rate, considerably less than
if you have something that can fall down on someone or that someone can fall off
of....
Best
wishes from St. Louis, Gwenne
Message-----
From: Adam36055@aol.com
[mailto:Adam36055@aol.com]
Sent: Thursday, May 20, 2004 1:06
PM
To: community_garden@mallorn.com
Cc:
SChun@oaklandnet.com
Subject: Re: [cg] insurance
In no way or form should this message be considered
legal advice, which can only be given by a licensed practitioner in your area.
However...
Director's & Officer's
Insurance? Holy moly!
As a former corporate paralegal who
was engaged in D & O Litigation on both sides of the fence, I think that
it would be overkill for a not-for-profit community garden to engage in.
Generally D & O Insurance is for stockholder run companies that
are in the position to be sued for financial misdoings, toxic waste dumping
and the kinds of things that the folks who run Haliburton or a "Malefactor of
Great Wealth" should go to the slammer for.
Unless you have an atty
who insists on it, which I doubt, garden insurance protecting the usual
mishaps that can happen in a not-for-profit garden should be sufficent.
And a garden form signed by all gardeners and keyholders, with a "hold
harmless, at your own risk" phrase should cover you.
Litigious clients
and their attorneys are like sharks - they can only feed where there is food,
so if there is a basic garden insurance policy that should suffice - to give
them a tasty D & O policy to feed on is being far too nice.
Best
wishes,
Adam Honigman
Volunteer,
Clinton Community Garden
Subj: RE: [cg] insurance
Date: 5/20/04 1:11:57 PM
Eastern Daylight Time
From: S*@oaklandnet.com
To: community_garden@mallorn.com
Sent
from the Internet
At the Hayward Community Gardens in
Hayward California, we have general commercial liability insurance from
Financial Indemnity Co., through a local agent. We pay $1,075/year,
including the landowner (the local gas and electric company) and a funder
(City of Hayward) named as additional insured. The garden is about 7
acres.
How about Directors &Officers coverage? Do any of
the gardens have D &O insurance? We are debating whether it's
necessary.
Stacie Chun
Hayward Community
Gardens
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