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Resources for Trustees

Errors and Omissions

Errors and Omissions Liability Insurance

Liability insurance for “officers and directors errors and omissions” should cover all key areas where liability may be incurred. These include:

  • Errors in acts - for example, a board exercised its legal authority to purchase land for a new library building, but later it was revealed that the land was contaminated.
  • Acts in excess of the authority - for example, giving a library director an order that conflicts with adopted library policy or procedures.
  • Nonfeasance - (Definition: failure to act, especially failure to do what ought to be done.) For example, a board did not deal with a known conflict of interest when the board discussed and voted to award a contract. Failure to meet contractual obligations.
  • Negligence - for example, allowing unsafe buildings or grounds to exist, or failure to properly supervise funds.
  • Intentional violations of civil law against a person or their property -these may include: discrimination, infliction of mental distress or outrageous conduct; libel and slander; assault and/or battery; invasion of privacy; negligence; fraud or misrepresentation; wrongful discharge of employee.
  • Acts in violation of state, federal, or local statutes or regulations, bylaws of the library- for example, authorizing payment of improper expenses, failure to establish policies that follow pertinent rules in employing personnel, not following legal bid procedures.