On Nov 19, 8:31 am, Stan <stanle...@hotmail.com> wrote:
> A synagogue provided secondary liability coverage for parents driving
> other children to youth group activities, and required each driver to
> have a minimum liability coverage that was above the state minimum.
> They didn't ask if the driver had at least 25/50 (for example)
> personal liability coverage, but rather required they list the actual
> amount of insurance on their internal "driver qualification" form.
> One of the parents, an insurance company executive, stated that they
> should not reveal this info.
Your situation actually embraces both the contexts I discussed in my previous post.
As between the drivers and the synagogue they were (volunteer) contractors for, the synagogue _required_ them to furnish evidence of coverage in excess of minimum legal limits. The synagogue had every right to do so, and were smart to do so. Those who refused to reveal such information could simply be barred from acting as volunteer drivers, just as a subcontractor who refuses to provide a certificate of insurance to the one who proposes to hire him is going to find himself not getting many contracts.
But the insurance guy was also right, and also smart, to tell those drivers not to reveal their higher-than-minimum coverage, OR the existence of the secondary excess policy provided by the synagogue, to the other parties at the scene of a crash. The carpool drivers were not legally required to disclose such information at the scene, There's no sense adding fuel to the potential fire, as it were, by giving any incentive to victims (real or imagined) to either fabricate or exaggerate the extent of their injuries simply because they have been led to believe there is a "deep pocket" out there who will uncritically pay their damages. N.b. most people who sue don't base their decision to file a claim on such dishonest criteria, and are genuinely injured. But why tempt those who aren't?
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Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
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