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The effects of the insurance crisis of the 1980's are still being felt.1 The widely reported instances of sky-rocketing premiums, unavailability of certain types of insurance coverage, the litigation explosion and excessive jury awards in damage cases have led to concern about volunteer liability that persists even today. This concern led to the adoption of House Resolution No. 60, H.D. 1, entitled "Requesting the Legislative Reference Bureau to Study the Problem of Liability Exposure of Volunteers, Nonprofit Organizations, and Government Agencies that rely on the Services of Volunteers", during the Regular Session of 1995. The text of the Resolution appears as Appendix A. The Resolution suggests that fear on the part of volunteers and would-be volunteers of being sued and held personally responsible has resulted in volunteer recruitment difficulties for a myriad of entities that depend upon volunteer assistance to carry out their functions and programs. Additionally, it posits that many such entities may be without liability insurance protection because of the high costs of premiums. Finally, it contends that Hawaii law, which affords protection only to uncompensated officers and directors of nonprofit organizations and volunteers with state agencies, is one of the most restrictive in the country.
Objective of the Study
The Resolution directs the Legislative Reference Bureau (hereafter the Bureau) to study the laws and policies in other jurisdictions that address the problem of liability exposure of volunteers, nonprofit organizations and government agencies and their employees that rely on the services of volunteers. In addition, the Resolution requests the Bureau to obtain data relating to: liability issues regarding volunteers, nonprofit organizations and government agencies and their employees that rely on the services of volunteers, including the number, nature, and basis of lawsuits involving volunteers; and liability insurance, including the reasons for the increase in liability insurance premiums where volunteers or nonprofits are involved.
Organization of the Report
This report consists of the following:
Chapter 1 presents introductory material.
Chapter 2 discusses the Model State Volunteer Service Act.
Chapter 3 provides a brief summary of the volunteer protection laws in each of the fifty states and the District of Columbia.
Chapter 4 summarizes survey responses from nonprofit entities and the state and counties concerning volunteer liability issues.
Chapter 5 presents survey responses of insurers providing liability insurance for nonprofit organizations that make use of volunteers.
Chapter 6 offers some observations and conclusions.
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