Leader Liability - Accident and Sickness Insurance

The article on Leader Liability - Negligence Claims and Lawsuits explains the liability insurance coverage provided by National Headquarters of the Boy Scouts of America for volunteers and chartering organizations. The intent of this coverage is to prevent volunteers from being placed in a position where their assets are jeopardized because of a negligence liability claim or lawsuit.

In order to further protect leaders, and the BSA, from claims and lawsuits, the Mt. Diablo Silverado Council annually purchases Council Accident and Sickness Insurance for each Cub Scout, Boy Scout and Venturer and Scouting leader. This policy covers expenses resulting from accidents and sickness while involved in official Scouting activities and while traveling to and from an activity. This insurance should preclude the need for families to pursue a lawsuit in order to recover relatively small amounts of medical costs. This accident insurance is secondary coverage to the family accident insurance policy. The Council Accident and Sickness Insurance policy takes affect after the limits of a family's policy has been reached.

This annual council policy covers every registered youth member of Scouting in the council and it automatically covers any new Scouts registered during the year. Remember, however, that Scouts are not registered until their applications and fees are turned into the Council office. Applications should be turned in as soon as they are received so that the Scouts are registered and covered by the insurance policy. The Council policy also covers non-Scouts who are involved in a Scouting activity, but only if they are looking to join.

In order to file a claim, the injury or sickness must have occurred during an official Scouting activity. The Guide to Safe Scouting explains which activities are not authorized by the Boy Scouts of America. Scout leaders and unit committees must be familiar with this guide. Tour Permits should be filed whenever there is an activity away from the regular meeting location of the unit. A Tour Permit filed with the council office verifies that the Scouts were participating in an official Scouting activity.

Anyone who has reviewed an insurance policy knows that they are filled with numerous definitions, qualifications, exemptions and exceptions. Although the details are far too extensive to cover in this article, more information on Scouting accident insurance can be found in the brochure entitled Unit Accident Insurance Plan, which was included in each unit re-charter package. This unit policy is issued by the same company and has similar benefits to the council policy. Contact your district executive if you need additional details on the council's policy.

In general terms, unit leaders should be aware that the policy does contain the following coverage within one year of the date of a covered accident or sickness:

• Loss of Life - $10,000
• Dismemberment or paralysis up to $20,000
• Medical expenses up to $15,000
• Dental treatment (repair or replacement of sound teeth) up to $5,000
• Air or surface ambulance service up to $6,000
• Specific injuries such as coma or loss of sight up to $35,000
• Return transportation expenses up to $1,500

There is, of course, an exception if the Scout is covered under a parent's medical insurance. "When medical or surgical treatment is involved, benefits in excess of the first $300 will be payable only for covered expenses which are not recoverable under any other insurance policy. If there is no other insurance this does not apply."

Units that travel to out-of-council Scout camps may be asked to provide proof of insurance. It is the accident and sickness policy that is being referred to. Council Camps have to purchase event-specific insurance for all Scouts attending their camps who are not covered already by a council policy. By providing proof that our council has an accident and sickness policy, you are helping to reduce the camp's costs.

By Greg Gamache