Hope an attorney or person in the insurance industry will answer this, please no advice from well meaning non pros. I am the President of a HOA and a group of owner want to cull our deer herd. I believe most insurance companies will not cover us for gross or willful negligence. This does happen, we aleady have some bullet holes in homes and we don't ecen allow hunting at present. Does anyone know if willful and gross negligence would be covered by our insurance? I am having difficulty getting our Gm to contact the insurance company because she is getting well meaning advice from tons of folks.

Thanks in advance,
Bob

Here's my concern - MY advice concerning investigations I have done and the results, someone else's experience, may be very different because we are dealing with different insurance companies.

My answer would be to get an opinion IN WRITING from your insurance company (not your agent).

Sorry - I know it's a non answer but when it comes to insurance very often no two policies are the same.

So far you are saying exactly what I have told my GM. She is too accepting of other opinions and I have asked her 4x to get a written statement from the insurance company's claims adjuster, not the agent or her darn neighbor who used to sell insurance. She is reluctant for some reason but I must have a written statement otherwise I think I am putting our entire property in jeopardy. Thanks Judy no greenie until I spead more around.

We're on the same page here - the GM is the one who is putting the HOA in a precarious situation and I would tell her exactly that. I'd tell her, with a smile on my face, that she can write the opinion for the HOA based on her research and also assume responsibility if her opinion is incorrect. That usually gets people moving!

Hello Bob:

Doesn't the GM work for the HOA?? If so, I'd write HER a letter about the letter that she SHOULD get, and I'd remind her WHO she works for.

Send your letter about the letter, certified.

excon

Quote:

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Originally Posted by ballengerb1

Hope an attorney or person in the insurance industry will answer this, please no advice from well meaning non pros. I am the President of a HOA and a group of owner want to cull our deer herd. I believe most insurance companies will not cover us for gross or willful negligence. This does happen, we aleady have some bullet holes in homes and we don't ecen allow hunting at present. ...

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I generally agree with what the other posters have already said.

Here are my additional thoughts:

What is a description of a negligent act such as that you fear the HOA might be charged with? Your rules now do not allow hunting, so I'm guessing the proposal is to modify the rules to allow hunting so as to cull the deer herd. If your board desires to amend the rules, I suggest that you write the rule amendment carefully so as to avoid any problems. For example,
-bow or shotgun only,
-no hunting within a certain distance of a house,
-hunters to have current hunter-safety class certificates,
-notice to all residents of when hunting will occur (sort of like a hunting season)
-resident hunters to submit proof of applicable insurance in their own names
-resident hunters to agree (in writing) to hold harmless, defend, and indemnify the HOA against any claims against the HOA.
-etc.

In other words, besides making sure your HOA liability policy covers gross negligence on the part of the HOA and its board members, take steps to make sure that the act of allowing this hunting is not in fact negligent.

There is a world of difference between alleged negligence on the part of a HOA board member who votes to allow hunting under specific circumstances and with specified safeguards, on the one hand; and a hunter who, for example fires a gun wthout verifying that no one is down-range, on the other. I find it hard to imagine how the former case could be termed "willful negligence" (an oxymoron, by the way), or gross negligence.

AK, we are doing many of the things you suggest but here is a twist. The "committee" who have prpsoed this want to know if our umbrella policy will cover the hunters. I almost blew a gasket and said they need their own insurance and to name us also insured. Since we already have at least one house with adeer slug hole in it I know we have negligent hunters. We do not allow shot gun or rifle hunting at all and still we have a bullet hole. I just know the legal shot gun approaach if a hunter gets sued we will also be named since we allowed the hunter to huint on our property to begin with.

My other thoughts, hire a professional hunters who have insurance. Other require those hunting to provide insurance or bonds to cover damages.

Don't of course let people who are such poor hunters hunt,