From dswajda at comcast.net Wed Mar 29 11:58:50 2017 From: dswajda at comcast.net (dswajda at comcast.net) Date: Wed, 29 Mar 2017 17:58:50 +0000 (UTC) Subject: [Board-2017] Insurance Review In-Reply-To: <331537012.91099833.1490808407376.JavaMail.zimbra@comcast.net> Message-ID: <2016895357.91112891.1490810330698.JavaMail.zimbra@comcast.net> I have been in contact with the firm of Drummond Woodsum, 84 Marginal Way, Suite 600, Portland, ME 04101-2480. Local telephone number is 603-433-3317. I talked with Atty. Tom Watson who actually lives in Portsmouth on New Castle Avenue. He related that a review could take between 3-5 hours and the firm would be asking for a $1500 retainer. Once the paperwork was received, they would review and make a determination of approximate cost. They would send a letter outlining their scope of work and the cost and then ask if we wanted them to proceed. I would suggest that they review our Constitution and By-Laws regarding ARTICLE XVII - Indemnification of Directors, Officers, Agents and Employees to determine if it is sufficient. I twice tried contacting the firm of Pierce Atwood at 1 NH Avenue, #350, Portsmouth, NH but was unable to make contact through their automated system. Please advise if you want to proceed - I gather I am requesting permission to spend $1500 to retain the services of Drummond Woodsum to review our insurance/liability coverage and our Constitution regarding Indemnification. David Wajda Commodore -------------- next part -------------- An HTML attachment was scrubbed... URL: From typhoonyoung at comcast.net Wed Mar 29 12:31:53 2017 From: typhoonyoung at comcast.net (C. ANTHONY YOUNG) Date: Wed, 29 Mar 2017 20:31:53 +0200 (CEST) Subject: [Board-2017] Insurance Review In-Reply-To: <2016895357.91112891.1490810330698.JavaMail.zimbra@comcast.net> References: <331537012.91099833.1490808407376.JavaMail.zimbra@comcast.net> <2016895357.91112891.1490810330698.JavaMail.zimbra@comcast.net> Message-ID: <182783680.191649.1490812314180@connect.xfinity.com> I don't think that 1500 dollars is well spent on a review of the Constitution. Tony > On March 29, 2017 at 7:58 PM dswajda at comcast.net wrote: > > I have been in contact with the firm of Drummond Woodsum, 84 Marginal Way, Suite 600, Portland, ME 04101-2480. Local telephone number is 603-433-3317. I talked with Atty. Tom Watson who actually lives in Portsmouth on New Castle Avenue. He related that a review could take between 3-5 hours and the firm would be asking for a $1500 retainer. Once the paperwork was received, they would review and make a determination of approximate cost. They would send a letter outlining their scope of work and the cost and then ask if we wanted them to proceed. > > I would suggest that they review our Constitution and By-Laws regarding ARTICLE XVII - Indemnification of Directors, Officers, Agents and Employees to determine if it is sufficient. > > I twice tried contacting the firm of Pierce Atwood at 1 NH Avenue, #350, Portsmouth, NH but was unable to make contact through their automated system. > > Please advise if you want to proceed - I gather I am requesting permission to spend $1500 to retain the services of Drummond Woodsum to review our insurance/liability coverage and our Constitution regarding Indemnification. > > David Wajda > Commodore > -------------- next part -------------- An HTML attachment was scrubbed... URL: From dan at dangingras.net Wed Mar 29 13:11:16 2017 From: dan at dangingras.net (Dan Gingras) Date: Wed, 29 Mar 2017 15:11:16 -0400 Subject: [Board-2017] Insurance Review In-Reply-To: <2016895357.91112891.1490810330698.JavaMail.zimbra@comcast.net> References: <331537012.91099833.1490808407376.JavaMail.zimbra@comcast.net> <2016895357.91112891.1490810330698.JavaMail.zimbra@comcast.net> Message-ID: <028301d2a8c0$3e4ff3a0$baefdae0$@dangingras.net> David, I assume you are speaking about a review of our insurance and liability of officers and directors. If so, I think we should proceed. Obviously reviewing our indemnification clause would need to be part of an overall review of our exposure. Dab From: Board [mailto:board-bounces at portsmouthyc.org] On Behalf Of dswajda at comcast.net Sent: Wednesday, March 29, 2017 1:59 PM To: Board PYC Subject: [Board-2017] Insurance Review I have been in contact with the firm of Drummond Woodsum, 84 Marginal Way, Suite 600, Portland, ME 04101-2480. Local telephone number is 603-433-3317. I talked with Atty. Tom Watson who actually lives in Portsmouth on New Castle Avenue. He related that a review could take between 3-5 hours and the firm would be asking for a $1500 retainer. Once the paperwork was received, they would review and make a determination of approximate cost. They would send a letter outlining their scope of work and the cost and then ask if we wanted them to proceed. I would suggest that they review our Constitution and By-Laws regarding ARTICLE XVII - Indemnification of Directors, Officers, Agents and Employees to determine if it is sufficient. I twice tried contacting the firm of Pierce Atwood at 1 NH Avenue, #350, Portsmouth, NH but was unable to make contact through their automated system. Please advise if you want to proceed - I gather I am requesting permission to spend $1500 to retain the services of Drummond Woodsum to review our insurance/liability coverage and our Constitution regarding Indemnification. David Wajda Commodore -------------- next part -------------- An HTML attachment was scrubbed... URL: From dan at dangingras.net Wed Mar 29 13:22:41 2017 From: dan at dangingras.net (Dan Gingras) Date: Wed, 29 Mar 2017 15:22:41 -0400 Subject: [Board-2017] Insurance Review Message-ID: <029901d2a8c1$d667d850$833788f0$@dangingras.net> David, I assume you are speaking about a review of our insurance and liability of officers and directors. If so, I think we should proceed. Obviously reviewing our indemnification clause would need to be part of an overall review of our exposure. Dab From: Board [mailto:board-bounces at portsmouthyc.org] On Behalf Of dswajda at comcast.net Sent: Wednesday, March 29, 2017 1:59 PM To: Board PYC > Subject: [Board-2017] Insurance Review I have been in contact with the firm of Drummond Woodsum, 84 Marginal Way, Suite 600, Portland, ME 04101-2480. Local telephone number is 603-433-3317. I talked with Atty. Tom Watson who actually lives in Portsmouth on New Castle Avenue. He related that a review could take between 3-5 hours and the firm would be asking for a $1500 retainer. Once the paperwork was received, they would review and make a determination of approximate cost. They would send a letter outlining their scope of work and the cost and then ask if we wanted them to proceed. I would suggest that they review our Constitution and By-Laws regarding ARTICLE XVII - Indemnification of Directors, Officers, Agents and Employees to determine if it is sufficient. I twice tried contacting the firm of Pierce Atwood at 1 NH Avenue, #350, Portsmouth, NH but was unable to make contact through their automated system. Please advise if you want to proceed - I gather I am requesting permission to spend $1500 to retain the services of Drummond Woodsum to review our insurance/liability coverage and our Constitution regarding Indemnification. David Wajda Commodore -------------- next part -------------- An HTML attachment was scrubbed... URL: From wendyclement10 at comcast.net Wed Mar 29 13:49:57 2017 From: wendyclement10 at comcast.net (Wendy) Date: Wed, 29 Mar 2017 15:49:57 -0400 Subject: [Board-2017] Insurance Review In-Reply-To: <2016895357.91112891.1490810330698.JavaMail.zimbra@comcast.net> References: <2016895357.91112891.1490810330698.JavaMail.zimbra@comcast.net> Message-ID: I agree... I vote to proceed. Regards, Wendy Clement > On Mar 29, 2017, at 1:58 PM, dswajda at comcast.net wrote: > > I have been in contact with the firm of Drummond Woodsum, 84 Marginal Way, Suite 600, Portland, ME 04101-2480. Local telephone number is 603-433-3317. I talked with Atty. Tom Watson who actually lives in Portsmouth on New Castle Avenue. He related that a review could take between 3-5 hours and the firm would be asking for a $1500 retainer. Once the paperwork was received, they would review and make a determination of approximate cost. They would send a letter outlining their scope of work and the cost and then ask if we wanted them to proceed. > > I would suggest that they review our Constitution and By-Laws regarding ARTICLE XVII - Indemnification of Directors, Officers, Agents and Employees to determine if it is sufficient. > > I twice tried contacting the firm of Pierce Atwood at 1 NH Avenue, #350, Portsmouth, NH but was unable to make contact through their automated system. > > Please advise if you want to proceed - I gather I am requesting permission to spend $1500 to retain the services of Drummond Woodsum to review our insurance/liability coverage and our Constitution regarding Indemnification. > > David Wajda > Commodore -------------- next part -------------- An HTML attachment was scrubbed... URL: From info at blueberrybayfarm.com Wed Mar 29 14:38:25 2017 From: info at blueberrybayfarm.com (Ron Laurence - Blueberry Bay Farm) Date: Wed, 29 Mar 2017 16:38:25 -0400 Subject: [Board-2017] Insurance Review In-Reply-To: <2016895357.91112891.1490810330698.JavaMail.zimbra@comcast.net> References: <331537012.91099833.1490808407376.JavaMail.zimbra@comcast.net> <2016895357.91112891.1490810330698.JavaMail.zimbra@comcast.net> Message-ID: <00cc01d2a8cc$6b33b030$419b1090$@blueberrybayfarm.com> Dave: I very much appreciate your pursuing and efforts so far in this matter, that I brought up. However, while I am not an insurance expert, or an attorney, I’m not sure that a review of our liability insurance by an attorney is money well spent. According to paperwork from Joe Cunningham, I’m confident that the club and its officers and directors are protected on liability claims up to $3million. What I’m deeply worried about is a claim, and later an award by a judge or jury, exceeding $3M, in a case where particularly a child, but even an adult for that matter, lost his/her life, because ambulance-chasing personal liability lawyers for the plaintiff convinced them that the club was negligent. Remember, a yacht club, and its officers and directors are perceived to be wealthy and this would no doubt enter into a judge’s decision into making an award. I believe, in the case of whomever of the officers and directors have net worth over $3M, that it’s a simple fact that these individuals are not adequately protected and that their assets are at risk. While most likely no one wants to reveal their personal wealth, perhaps if we simply polled the board to find out if increasing our coverage to say $5M or some other number is adequate, and with a unanimous vote, then ask Joe what the cost would be. [and by the way, I have a suggestion as to how we could pay for the increase]. I think the club has an obligation to both its current and future officers and directors that they are protected in the case of such an unlikely event. Ron Laurence Blueberry Bay Farm 38 Depot Road Stratham, NH 03885 603-580-1612 www.blueberrybayfarm.com From: Board [mailto:board-bounces at portsmouthyc.org] On Behalf Of dswajda at comcast.net Sent: Wednesday, March 29, 2017 1:59 PM To: Board PYC Subject: [Board-2017] Insurance Review I have been in contact with the firm of Drummond Woodsum, 84 Marginal Way, Suite 600, Portland, ME 04101-2480. Local telephone number is 603-433-3317. I talked with Atty. Tom Watson who actually lives in Portsmouth on New Castle Avenue. He related that a review could take between 3-5 hours and the firm would be asking for a $1500 retainer. Once the paperwork was received, they would review and make a determination of approximate cost. They would send a letter outlining their scope of work and the cost and then ask if we wanted them to proceed. I would suggest that they review our Constitution and By-Laws regarding ARTICLE XVII - Indemnification of Directors, Officers, Agents and Employees to determine if it is sufficient. I twice tried contacting the firm of Pierce Atwood at 1 NH Avenue, #350, Portsmouth, NH but was unable to make contact through their automated system. Please advise if you want to proceed - I gather I am requesting permission to spend $1500 to retain the services of Drummond Woodsum to review our insurance/liability coverage and our Constitution regarding Indemnification. David Wajda Commodore -------------- next part -------------- An HTML attachment was scrubbed... URL: From nancgulley at gmail.com Wed Mar 29 19:03:00 2017 From: nancgulley at gmail.com (Nancy Gulley) Date: Thu, 30 Mar 2017 01:03:00 +0000 Subject: [Board-2017] Insurance Review In-Reply-To: <00cc01d2a8cc$6b33b030$419b1090$@blueberrybayfarm.com> References: <331537012.91099833.1490808407376.JavaMail.zimbra@comcast.net> <2016895357.91112891.1490810330698.JavaMail.zimbra@comcast.net> <00cc01d2a8cc$6b33b030$419b1090$@blueberrybayfarm.com> Message-ID: Quick question... The $1500 is a retainer. As I read your info Dave - I understand that once they see the. info they will then inform us how much more It could cost. Is this correct? I think I agree with Ron. Perhaps just increasing the board and clubs coverage to $5 million would work. Nanc On Wed, Mar 29, 2017 at 4:39 PM Ron Laurence - Blueberry Bay Farm < info at blueberrybayfarm.com> wrote: > Dave: > > I very much appreciate your pursuing and efforts so far in this matter, > that I brought up. However, while I am not an insurance expert, or an > attorney, I’m not sure that a review of our liability insurance by an > attorney is money well spent. According to paperwork from Joe Cunningham, > I’m confident that the club and its officers and directors are protected > on liability claims up to $3million. What I’m deeply worried about is a > claim, and later an award by a judge or jury, *exceeding $3M*, in a case > where particularly a child, but even an adult for that matter, lost his/her > life, because ambulance-chasing personal liability lawyers for the > plaintiff convinced them that the club was negligent. Remember, a yacht > club, and its officers and directors are *perceived* to be wealthy and > this would no doubt enter into a judge’s decision into making an award. I > believe, in the case of whomever of the officers and directors have net > worth over $3M, that it’s a simple fact that these individuals *are not > adequately protected* and that their assets are at risk. While most > likely no one wants to reveal their personal wealth, perhaps if we simply > polled the board to find out if increasing our coverage to say $5M or some > other number is adequate, and with a unanimous vote, then ask Joe what the > cost would be. [and by the way, I have a suggestion as to how we could pay > for the increase]. I think the club has an obligation to both its current > and future officers and directors that they are protected in the case of > such an unlikely event. > > Ron Laurence > > Blueberry Bay Farm > > 38 Depot Road > > Stratham, NH 03885 > > 603-580-1612 > > www.blueberrybayfarm.com > > > > *From:* Board [mailto:board-bounces at portsmouthyc.org] *On Behalf Of * > dswajda at comcast.net > *Sent:* Wednesday, March 29, 2017 1:59 PM > *To:* Board PYC > *Subject:* [Board-2017] Insurance Review > > > > I have been in contact with the firm of Drummond Woodsum, 84 Marginal Way, > Suite 600, Portland, ME 04101-2480. Local telephone number is 603-433-3317. > I talked with Atty. Tom Watson who actually lives in Portsmouth on New > Castle Avenue. He related that a review could take between 3-5 hours and > the firm would be asking for a $1500 retainer. Once the paperwork was > received, they would review and make a determination of approximate cost. > They would send a letter outlining their scope of work and the cost and > then ask if we wanted them to proceed. > > > > I would suggest that they review our Constitution and By-Laws regarding *ARTICLE > XVII - Indemnification of Directors, Officers, Agents and Employees* to > determine if it is sufficient. > > > > I twice tried contacting the firm of Pierce Atwood at 1 NH Avenue, #350, > Portsmouth, NH but was unable to make contact through their automated > system. > > > > Please advise if you want to proceed - I gather I am requesting permission > to spend $1500 to retain the services of Drummond Woodsum to review our > insurance/liability coverage and our Constitution regarding Indemnification. > > > > David Wajda > > Commodore > -------------- next part -------------- An HTML attachment was scrubbed... URL: