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Questioning the validity of our Trustee insurance...

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Peter Dun Scottish School PTA Posted 8 months ago

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I've been a trustee of my local PTA for a couple of years. As I have learnt more about the duties of being a trustee, the more I've become aware of the dysfunctionality of my charity's leadership.
I understand the charity holds trustee insurance though the details are a mystery. Generically, I understand it is supposed to cover the legal costs should some incident happen that would result in the charity or trustees ending up in a legal dispute.
My question is around the validity of the insurance, and I know the answer should be "read the policy" or "speak to the broker" but the chances of our Treasurer handing over those details are slim. (Remember I mentioned dysfunctionality.)
So, imagine an incident, a press release perhaps, that libels someone. That someone raises an action, and all hell breaks out. Lawyers appear and that trustee policy is called upon.
Insurers don't like paying out so would they, as a default action, want proof that the trustee(s) really are trustees or would they take it at face value? Is there normally a condition that states "keep us up to date with the names of your trustees"?
Now there's a clause in our constitution that broadly says "you are a trustee for four years and after that you must stand down for at least two years".  Circling back to "dysfunctional", what might be the reaction of the insurers if a blind eye  had been turned at an AGM and it were found that a) some of the trustees were on their fifth year b) the trustees calling on the policy were on their fifth year?
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