Risk Manager

Over the many years I have given lectures at District conventions, individual clubs and division meetings. As your Risk Manager for the New York District, I am please to be one of the earlier appointees and have served this particular job with enjoyment. That being said, there are three major areas for which there are great exposures under the Kiwanis International Liability Policy. First let me say that the coverage that we have is magnificent with very high limits and should be protected at all times. The exposures that we have are the following:

1.    Liquor Liability
2.    Non-Ownership Automobile
3.    Sexual Harassment

Liquor Liability.
Please be advised that there is no coverage for liquor liability, in other words, if you have a club function and you are charging as part of your activity, the price of liquor with the club collecting the money then you will have no coverage under the liability policy of Kiwanis International. I therefore suggest that if you are holding this in a restaurant, you allow the facility to dispense the liquor and charge for the liquor and then Kiwanis gets no money from the cost of the liquor. This is important; remember DWI's right now are very common in New York State, especially in the downstate area, so please take heed as to liquor liability.

Non-Ownership Automobile.
You may not know but you are covered for non-ownership automobile if you are about the business of Kiwanis such as bringing the younger members, K Club, or Circle Club or Key Club members to a convention or doing some driving about where you are on Kiwanis business. The Kiwanis non-ownership automobile works the following way: your basic liability insurance, which you have on your car, is the primary coverage, the liquor liability is above your own personal liability insurance, thusly if you had an accident or somebody was killed or injured in your car while you were about Kiwanis business, you would have coverage. Please do not allow people who have terrible driving records or numerous tickets and/or accidents to abuse this particular type of coverage. Thusly, do not allow them to use their cars on or about Kiwanis business.

Sexual Harassment.
This is where we may be penalized for the good work that we do especially with our youth, which is one of the main factors of Kiwanis. Please be advised that when taking children with you make sure that there are two people in the car. Do not make obscene remarks to the women club or youngsters who you may be transferring or working with. The best thing I can tell you is to always have two people there, so if you are accused of sexual harassment there are witnesses to protect you. There is no coverage for this under the basic-liability policy; the only way that this can be covered is under the Directors and Officers (D&O) policy which is available separately from Kiwanis International.
In closing, although this column is short, I advise anybody who has any problem to please feel free to call upon me, Steve Bernheim, at 516-795-3630 or at sbernheim@earthlink.net. I am here to serve you and to answer any and all of your questions. Remember if you have a claim be sure to issue the accident report immediately and forward it to Kiwanis International. The accident reports are in your insurance liability packet. Again, if I can be of any help, please feel free to call upon me.

Column Posted on Web Site December 12, 2009