Going Global? Best Claims Management Practices for Nonprofit Organizations Speaker: Paul D. Rytting, Director Risk Management Division THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS
Learning Objectives Review Best Practices for International Incident Investigations Identify Liability Landmines involving employees, students, and volunteers Learn strategies for optimal utilization of TPA s, service providers, insurers, brokers & legal counsel
Risk: A Matter of Perspective
Risk Profile LDS Church 15 million members 171 temples 64,000 students enrolled at BYU lds.org 43 million hits per year 20,300 meetinghouses 76,000 missionaries 18,000 fleet vehicles Operations in 189 countries/territories 4
LDS Charities https://www.ldscharities.org/ In 2015, LDS Charities completed 350+ programs providing direct aid & assistance in 131 countries. Signature Programs: Clean Water Emergency Response Immunization Maternal and Newborn Care Vision Care Wheelchairs Community Projects
Brigham Young University Three Campuses: Provo, Utah; Rexburg, Idaho; Laie, Hawaii Over 1,500 students study abroad each year 116 Study Abroad Programs in 57 Countries Africa International Business Brazil Social Work British Literature and Landscape China Business Student Exchange Costa Rica Biology Europe Public Health Ghana Unite for Sight Panama Think Impact Global Rural Mexico Literacy Thailand Mentored Research
Wall Street Journal 3/27/2016
Bombing in Brussels Brussels, Belgium March 2016
3 rd Party Fatality at Meetinghouse Mexicali, Mexico September 2015 19 year-old employee for a contractor entered an empty water cistern to paint the inside walls. While painting on a ladder, he became dizzy and fell to the bottom of the cistern. Best Practices : Independent site/incident investigation Contract review protocol Insurance, regulatory compliance, & indemnity provisions Disclaimer of employment relationship
Auto Fatality Mendoza, Argentina October 2015 Individual killed when he crashed into a semi-truck while driving two Missionaries to their apartment. Best Practices : Independent site/incident investigation Assess extent, frequency of local practice Independent contractor/employment issues? Offering to family
Earthquake Drill Veracruz, Mexico November 2015 Local congregation held an earthquake evacuation drill during Church services. 82 year-old woman tried to remain seated but while being helped out of the building she fell and broke her hip. Best Practices : Independent site/incident investigation Encourage emergency response planning General practice: Assist w/ medical bills for injuries on Church-owned property
Auto Fatality Vanuatu, South Pacific November 2015 A single car rollover in Church-owned vehicle resulted in the death of a volunteer missionary Best Practices : Independent site/incident investigation very difficult Cooperation w/ local law enforcement Compliance w/ internal Vehicle Safety guidelines? Review status of vehicle driver safety training Assist w/ funeral expenses/offering to family
Meetinghouse Fire Salvador, Brazil January 2016 Large church destroyed by arson -US $3.5m loss Best Practices : Secure loss site!! Independent site/incident investigation Cause & origin analysis Original plans Coordinate w/ local authorities Insurance carrier role & resources
Fatality at Meetinghouse La Libertad, Peru January 2016 39 year-old contractor died after fall from scaffolding while cleaning meetinghouse windows. Best Practices : Independent site/incident investigation Property owner s duty of care to 3 rd party laborers? Contract review protocol : Insurance, compliance & indemnity provisions Disclaimer of employment relationship
Cyclone Winston Fiji February 2016 Worst cyclone in Fiji s history. 200+ mph wind destroyed many homes. Minor damage to Church meetinghouses. Best Practices: Construction Design Philosophy - Build to code or build to last? Trigger Emergency Response Plan (Do we even have one??)
Drowning Hunua Falls, New Zealand March 2016 17 year-old Church member drowned while swimming at popular waterfall. Local media reported the accident occurred in connection w/ Church Camp.
BYU Students Attacked Guatemala June 2009 Belize July 2011 Fiji May 2012
Missile Attacks Jerusalem, Israel July 2014 Students and faculty at the BYU Jerusalem Center took cover in bomb shelters during missile attacks. Decision to evacuate or remain on location? Field trips and travel in the area were restricted for several weeks after attack.
Ebola Outbreak Liberia August 2014 274 missionaries were evacuated from Liberia and Sierra Leone and reassigned to new areas during Ebola outbreak. None of the missionaries contracted disease. Best Practice: Carefully follow lead of State Department Trigger Emergency Response Plan Risk Transfer - AD&D, medical, evacuation benefits Communication protocol: HQ, Media, Families, Carriers
Investigation of International Incidents Establish Clear Communication & Reporting Lines HQ: Initial incident reporting & establishing an action plan Technology: tracking follow-up, updates, funding, approvals Media: address reputational risk issues Family: clear, regular communication & updates Timely, Independent Investigation Established relationships w/ TPA, service providers and legal counsel Coordinate w/ local authorities Regular updates (Insured claims)
Liability Landmines Unless independent contractor status is documented, nonprofit should presume employment relationship. Duty of Care to protect travelers (volunteers, students, etc.) External website info for country- specific security, political unrest, travel restrictions, safety & health conditions, etc. Transfer risk through AD&D, medical, evacuation travel policies (some limitations). Internal website/app for all international travelers: Pre-trip security notifications On-line security training Emergency medical notification and resources
Questions?