Tag Archives: charity

10 Building Blocks for Risk Leaders (Part 5)

Important things in life are not easily reduced to 10 steps. Nevertheless, this series provides a list of 10 building blocks to achieving long-term success in risk management from someone who has spent more than 25 years striving to carve out the most satisfying career possible, while never losing sight of the attributes attached to the bigger picture. Part 1 is here, Part 2 here, Part 3 here and Part 4 here. This is the fifth and final part.

9. Advance the Profession by Finding or Creating Personal Vision

The concept of innovation is directly and explicitly tied to risk and risk management. Put simply, there is no innovation without risk. Part of this paradigm is taking personal risk to move the discipline forward to places others may not have imagined. In the realm of risk management, settling for the status quo is to be avoided at all costs . Nothing stays the same for long, and a core competency of a true risk leader is having the gumption to push back on owners, which sometimes means questioning authority.

Just as the overall business environment is ever-evolving, the myriad internal and external drivers that can affect the risk profile of organizations must be carefully monitored. It is in this monitoring where the willingness to challenge conventional thinking and the status quo can lead to change, and risk-taking behaviors can be shifted to be more in line with risk appetite and tolerances. A vision for more innovative processes, tools and techniques can be developed, as well as an enhanced view into the murk of risk itself. Importantly, this demonstration of risk leadership will lead to the evolution of risk leaders’ personal vision for more effective risk management for their organizations.

If we haven’t learned anything else since that fateful day on Sept. 11, 2001, we’ve learned that new risks emerge with increasing regularity and seem to have increasing relevance to enterprise success. Furthermore, these new and emerging risks often fall into the strategic category, so they are often not easily measured or mitigated. All this speaks to the need for continuous improvement and innovation in how risk management is practiced and how it affects the design and execution of the organization’s risk framework and model. While personal vision for risk management is necessary — for personal satisfaction and the long-term success of the firm — no two frameworks or models are exactly alike, just as no two firm risk profiles are identical.

By crafting risk strategy, framework and model around the continuously evolving needs of the firm, risk leaders’ vision for risk management will take shape. As it is successfully implemented, this vision will also drive the risk profession forward, through benchmarking, networking and professional external collaborations, allowing all risk practitioners to improve, as well. This is the perfect segue to the last element of a personal risk leader success profile.

10. Give Back

Giving back to the next generation and to communities and nonprofit organizations (some of which can’t afford the cost of risk expertise, e.g., churches and civic organizations) is essential to developing a well-rounded leader and person. But giving back goes well beyond even service to the community and to nonprofits. In the larger context, giving back includes various strategies to help others. Examples include employing interns on a regular basis and taking the time to coach and mentor them well. Too often, intern programs are mismanaged or even abused as sources of raw labor out of which no real development or education occurs. This destroys the attraction to enter the risk profession. Because these programs—done well—can be the source of exceptional talent, it behooves all risk leaders to take advantage of intern sourcing when feasible and include it as a key component of long-term resource planning.

Giving back is also accomplished by bringing the risk leaders’ considerable knowledge to various forums, such as at conferences and industry meetings, through presentations and participation in efforts to discover new solutions to problems. While the primary goal should be to help others, it almost always includes mutual benefit. Many of my colleagues say they actually get more out of this effort than they put in. That has certainly been true for me.

Another example of giving back is the Spencer Educational Foundation’s Risk Manager in Residence Program. This program provides funding for risk experts to bring that expertise into higher educational institutions through a series of lectures and teaching done with the collaboration of selected professors whose goal is to bring diverse experiential learning to students pursuing risk and insurance degrees. This program has been instrumental in highlighting for students the opportunities available in the risk discipline.

There are many opportunities to serve other organizations through volunteer board and advisory positions, where risk experience and expertise is made available to help these organizations, particularly with risk governance. A residual benefit of this activity is broadening the network of contacts and relationships outside the industry, where a clear demand for risk expertise is almost always needed, but infrequently recognized or acted upon.

Last, but certainly not least, is the ever-present opportunity to mentor and coach others to help them achieve their career goals. This is a fundamental responsibility of every manager of people. But it really gains traction with others when those outside the immediate work circle ask for mentoring or coaching, as they recognize and value the deep and broad expertise they can learn via a mentoring program. Usually accompanying that is a keen understanding of the political, social and cultural aspects of work life that those with less experience often find challenging to navigate. One benefit of this activity is a deep and lasting gratitude that is too infrequent in day-to-day business interactions. The related personal satisfaction is often immeasurable and certainly lasting. Personal brands are enhanced, and those being mentored can close the loop on what a true risk leader profile looks like.

Conclusion

There you have it—my list of 10 building blocks for long-term success in risk management. All functions need great leaders to achieve high performance, and risk leaders have more than their share of hurdles to overcome in the process. And yet, those who stick their necks out and take the personal risk associated with doing extraordinary things often succeed in doing so. I urge you to think big about the possibilities of a career in risk and consider these 10 important things that can help define the correct path to take.

After all, no risk, no reward.

D&O Coverage: A Low-Cost Alternative for Nonprofits

Who needs nonprofit directors and officers (D&O) coverage when you have volunteer immunity and homeowners insurance? Not so fast. It is possible to find some coverage, or form of immunity, under your homeowner’s policy, and there are attorneys that find ways to wedge things into coverage when there are no other remedies available.  However, that doesn’t mean you should ignore the availability of the proper insurance. Rather than hope to fit a round peg into a square hole, buyers should look to purchase coverage for any exposure that keeps them up at night.

There are people who wrongly believe that if they are performing charity work they can’t be sued, won’t be sued, or have some form of mythical immunity or free insurance somewhere to protect them. Let’s explore those theories in more detail.

Isn't there a federal law that grants immunity?
In 1997, our government passed the federal Volunteer Protection Act (VPA) to promote volunteerism for nonprofit organizations. There is more to the act than can be summarized in this article, and any legal advice should come from an attorney, but it’s important to know that there is a federal law designed to provide protection to volunteers. Also, note that the immunity applies to volunteers, and not necessarily the nonprofit organization or compensated employees/executives. With that knowledge, it’s important to be aware of other limitations of the act.

Exceptions from the federal law include:

  • Acts of violence
  • Acts of international terrorism
  • Hate crimes
  • Sexual offenses
  • Civil rights violations
  • Claims involving use of alcohol or drugs

In the absence of a definition of “Civil Rights” in the act, all sorts of common problems could be exempt. Three instances that immediately come to mind are discrimination, sexual harassment and privacy rights. Those are common allegations in claims we see made against volunteers, nonprofit organizations and their leaders.

Volunteers may also lose their potential immunity in these situations if:

  • the volunteer is acting outside the scope of his or her responsibilities to the organization
  • the volunteer was unlicensed if required or appropriate
  • the harm was caused by gross negligence rather than ordinary or simple negligence
  • the harm was a result of operating a vehicle, vessel or aircraft that requires a license or insurance
  • the volunteer receives compensation or anything other than compensation that is worth over $500
  • the charity loses its nonprofit status

The VPA has provisions indicating that immunity provided by the act cannot be reduced by state laws, but can be broadened by state law. The federal law will apply to volunteers unless a state opts out of the law, which is permitted.  New Hampshire, for example, opted out in instances where everyone involved is a state resident and a New Hampshire state court is used.

Can we find immunity provided by state laws?
Many states do have immunity laws available to volunteers providing services to nonprofits. Every state has its own advantages and limitations. Again, seeking the advice of an attorney licensed in the relevant state is appropriate. When seeking the advice of counsel as to the immunity provided by state law, there are some questions to ask:

  • Does the state law only protect volunteers, D&O or both?
  • Will the state law prevail if the plaintiffs are from a different state?
  • What material limitations exist?
  • How is immunity impacted by willful or negligent activities?
  • Is the nonprofit organization immune from vicarious liability arising from the conduct of the volunteers?
  • Can an organization subrogate against a volunteer for costs associated with vicarious liability?

Will a personal homeowner's insurance or personal umbrella policy protect me?
The easy answer is that an insured might find some coverage, but not for all situations. Not all homeowners policies are the same and some may have special D&O enhancements. If you review what is generally covered, you will see coverage for bodily injury and property damage on those policies. It is also important to keep in mind that these are personal policies and any coverage provided would not be shared with the nonprofit organization or any other person affiliated with the organization. So if a homeowners policy or personal umbrella is designed to only cover bodily injury or property damage and is limited to protecting only one individual, is this the best solution for a nonprofit organization and all its leaders, employees and volunteers? That’s easy – no.

How about buying the proper insurance?
There is a policy specifically designed to protect the directors, officers, employees, trustees, volunteers, committee members, interns, domestic partners and the organizational entity.  Note that the coverage isn’t limited to just the directors and officers. Those other individuals are also protected by this insurance.  A typical D&O policy pays on behalf of the nonprofit organization when that organization is obligated to indemnify the individuals for their actions on behalf of the organization, as outlined in the organization’s bylaws.  The organization itself is also generally covered for alleged wrongful acts. D&O policies are broadly written to cover claims alleging any error, act or omission arising from activities on behalf of a nonprofit organization. The policy won’t cover bodily injury, property damage, pollution, workers’ compensation or issues arising from the administration of benefit plans. Those items should be covered on other policies specifically designed for those exposures.  You should also find coverage for the individuals and entity for things like discrimination, harassment, wrongful termination and other personal injury violations such as invasion of privacy, wrongful imprisonment and, in some cases, copyright violations.

Similar to personal lines policies, no two D&O policies are the same. Each one needs to be closely reviewed to identify limitations as well as unique coverage enhancements. Some limitations to avoid are antitrust exclusions, third party discrimination exclusions, or overly broad insured versus insured exclusions. There are enhancements to negotiate such as coverage for immigration claims, wage and hour claims, lifetime personal extended reporting provisions, publishers liability, public relations expense coverage, priority of payments, punitive damages coverage, where insurable, and more.

Considering the relatively low cost for a properly constructed D&O policy for a nonprofit organization, it makes a lot more sense to buy the coverage than try to hide behind limited immunity or wedge coverage into the wrong insurance policy.