Top Notch Toys - January 2022

PROTECT YOUR LOCAL & SPECIALTY CLUBS

by Bonnie Guggenheim

H as your kennel club ever been sued? Have you had an exhibitor fall in the ring? A judge slip while entering the building? A dog bite a child? A spectator who paid to at- tend your showwho gets knocked over by an exhibitor with crates on a dolly? In any of the situations, liability could be the determining factor in what happens to your kennel club, unless you are properly insured by a Com- mercial General Liability policy with adequate limits to protect your club, the venue, and your officers, directors, and volunteer working members. Next concern is your treasury. Big or small, you must have funds to put on your show, which includes payment to judges, the superintendent, lunches or dinners for judges and members, raffle or auction expenses, and all the many other costs involved with put- ting on a show. A Fidelity Bond policy would protect your kennel club, your directors, and show chair, plus give your members confidence that the money earned by the club is protected from theft or embezzlement. Anyone serving as a treasurer should also be bonded, and the club should insist on a Position Bond, so they are able to elect a new treasurer and know that the insurance is in place; no specific name is required. Your books should, of course, be auditedwith each change in the treasurer’s office. Depending on the amount of money and the financial circumstances of your club, the audit may or may not be a certified audit, but could be per- formed by an outside source offering this service. Limits on a Fidelity (or Crime coverage) policy are deter- mined by the company underwriting the policy and the number of Board and kennel club members. Most important in this determination is the amount of money in your trea- sury. Some companies will include your rescue funds (most do not) and some will include your funds for your

Canine Health Foundation accounts. Be certain to cover as much as the company will offer, as the premiums for this type of insurance are very rea- sonable. If your assets were wiped out, could you put on a show? Back to the Commercial General Li- ability policy. Today it seems that everyone is subject to allegations of liability that are a result of your dog show, and possibly your conforma- tion classes and evenMeet The Breed events hosted by your kennel club. For the CGL to cover any accident or inju- ry, your clubmust be legally liable and negligence must be proven. The cost of defense, even when you are found not liable, is high. And should your club be liable, for whatever reason, claims can be extremely high. The frightening part of this—and do check your club policy and your home- owner’s policy—is that each director and officer can be held personally ac- countable. An attorney hired to sue the club will include the venue, your officers and directors, and anyone additionally involved. I’m personally aware of a lawsuit that included the city the show was held in! Final insurance that your all-breed or specialty club should consider is Direc- tors and Officers Liability. As a general rule, this is the most costly of the types of insurance discussed, but personally, I would not serve as an officer or direc- tor of a club that did not carry it. This type of insurance provides coverage or protection from claims as a result of club activities that include mislead- ing statements, breach of duty, neglect, error or acts of omission. The company underwriting will have specific ver- biage to clarify all coverage. Discuss all of your needs with the agent or agency that you decide to purchase your insur- ance from. You can request a quote, so your board or members can vote on the amount of insurance your club needs to carry as well as discuss the various types of coverage. Coverage can be

adjusted based on what underwriting can offer and on the club’s budget. My reason for including this brief insurance lesson is simple. Unfortu- nately, several years ago, I was Show Chair of a fairly large and active all- breed club that was accused of negli- gence in preventing injury to an ex- hibitor. The kennel club was sued, the city, the large civic center, and all of- ficers and directors of the board were personally sued. The person who claimed negligence stated that she stepped into the building and slipped on a wet floor, falling and breaking several bones. She said there were no cones indicating a wet floor and no warning signs were posted—probably some dog relieving itself there, was her comment. In reality (and there were several wit- nesses), she stepped out of her motor home in the parking lot and stepped onto a dolly she’d planned to load wire crates on, to pull dogs into the building. Her foot became entangled and she went down. She then got up, loaded and pulled the dolly with dogs on it (in wire crates), and entered the building. Upon entering, she stated that she slipped on the wet floor and was ultimately taken to the hospital as a result of the fall inside the building. Exhibitors saw her fall in the parking lot and others saw her enter the build- ing where she supposedly slipped and fell, and they stated that she did not fall inside at all. Fortunately, this club had the appropriate insurance and no liability was assigned to the club or any of the members. She received no money and the claim was denied. It was a learning experience for all concerned and one that I discuss with every club I’m involved with. The per- son discussed later passed away in an auto accident. Protect your club, your members, and your money—learn about insurance, club and personal liability, and make sure you’re covered!

64 • T op N otch T oys , J anuary 2022

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