Poll: Have you ever been sued?

[Zoocat]

I'm on the board of a newly-formed homeowners association. The board was discussing the cost of D & O insurance and questioning whether or not we really needed to spend money on insurance since there were much greater needs. I told them not only did we need it, but I would not serve on the board unless we had a minimum of a $1M policy. We got it.

Please explain: What is D&O insurance? and what are some common circumstances that a HOA might be sued?
Thanks!

 

[REWahoo]

Please explain: What is D&O insurance? and what are some common circumstances that a HOA might be sued?
Thanks!

Directors & Officers liability insurance - protects directors and officers from liability arising from actions connected to their corporate positions.

Common circumstances for suing a HOA? Anything and everything under the sun.

One example: A condo owner had his unit on the market and was several months behind in paying association dues. The HOA posted a past due notice on his front door just prior to a RE agent bringing by an interested buyer for a second look. The prospective buyer was disturbed by the notice and decided to pass on the condo. The owner sued the HOA board for damages due to the loss of the sale.

Even if a suit is frivolous, the HOA still has to shell out $ for legal fees. The cost of D&O insurance isn't terribly expensive, especially if the HOA owns no property, which is the case for our association. We got quotes ranging from $850 to $1250 for $1M coverage.

 

[Kwirk]

Not yet. Fortunately, my practice doesn't involve much risk and few people understand what I do well enough to second guess me.

 

[bssc]

When I worked in a hospital, any meeting we had had to follow a certain procedure (which I have forgotten) so that the discussion would not be discoverable. I think that any hospital gets constantly sued. I remember one case of a crack baby that didn't make it. Mother sued the hospital and IIRC, we settled for just over six figures to make her go away.

 

[Rich_by_the_Bay]

When I worked in a hospital, any meeting we had had to follow a certain procedure (which I have forgotten) so that the discussion would not be discoverable. I think that any hospital gets constantly sued.

For years, medical staff had a weekly meeting to review cases where the patient died. It was extremely helpful in gently identifying what, if anything, could have been done differently and it really helped us avoid the mistakes or missed opportunities of others. It was done in complete confidence, and the patient identity was protected, though in many cases we know who the patient was.

Occasionally guests would attend, in the company of trusted colleagues who would vouch for them. But over time, this got lax and strangers were tolerated as long as they "looked" like doctors. Some were plaintiff malpractice lawyers and used the conference to either identify potential clients' families, define the litigation strategy, etc. The conferences were cancelled.

Today, patient information has additional protections under HIPAA and other law but there's still a reluctance to discuss educational patient "events" if any "mea culpa" might be inferred.

 

[tryan]

Here's a few (although I only voted once ) :

• Had 2 proverbial "fell down the stairs"; settled one for the medical costs (ambulance ride included) the second was already in a lawyers hand. Got the "letter". My liability company interviewed me and took some pictures; then said "call when you get the summons". Never got the summons. Buuut every time I went to the unit the tenant - and extended family - would run around saying "he's here, he's here!". I had moved twice; my address is unknown to the tenants and the city. I think they simply could not find me to summon me.
• A couple years later - different property - I hire a guy to take down a tree on the property line. Talk to the neighbor; everything's fine. Until the neighbor's dad shows up and picks a fight with the arborist (he thinks his son owns the tree; son is away on vacation). Arborist pushes the old dude who falls then has a panick attack... ambulance, police. My company and the arborist are named in the suit. SIDE NOTE: another neighbor - old timer - pulls me aside and says not only do I own the tree, I own his steps right outside the side door "never should have subdivided those lots the way they did". Sooo I cold call my neighbor and ask what his intentions are. He says his father was "assaulted" and they want monetary damages. I said "I hope we can work this out because I am thinking of an 8 foot fence right down the property line." He dropped my company from the suit and lost the suit to the arborist.
• Then there was a lead paint suit in a de-leaded unit. Settled that one in court for 4 months rent (most of it back rent). Evicted the tenant 6 months later for non-payment.
  

Like I say, this stuff is not for the weak at heart!