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-   -   A question to our lawyers (https://greekchat.com/gcforums/showthread.php?t=74738)

preciousjeni 02-16-2006 07:39 PM

This may have been answered elsewhere but I can't find it. :( Does national incorporation protect individual chapters or is that what insurance is for?

utealum 02-16-2006 07:49 PM

Chapters are insured through their nationals, usually. But hazing (or breaking any laws) typically nullifies that insurance.

preciousjeni 02-16-2006 07:51 PM

Quote:

Originally posted by utealum
Chapters are insured through their nationals, usually. But hazing (or breaking any laws) typically nullifies that insurance.
Ahhhhhh! I see.

AGDee 02-17-2006 01:27 AM

I'm not a lawyer, but was on a House Association which became incorporated to reduce our personal financial liability. It was my understanding at that time, that it was to protect our personal assets should the House Association run into financial difficulties. For instance, we were renting a house from a landlord and the chapter rented it from us. If the chapter was delinquent in paying rent and we, in turn, could not pay the landlord, we wouldn't be personally responsible because the HA was incorporated. If a HA takes out a mortgage and is not incorporated, then the people who signed those closing papers could be personally responsible for paying that mortgage. Incorporation protected us from losing our own house, credit rating, etc. because of problems with the House Association.

In a civil law suit, individuals can be named and therefore, if you are in a position of authority, you should consider a personal liability rider on your home owners insurance. And yes, the Fraternity's liability insurance only covers you if you're following all the rules. If a totally sober person falls down a flight of your stairs in your house, you're covered. If a minor who your chapter provided alcohol to falls down the stairs in your house, you're not.

jmuphigam 02-19-2006 03:36 PM

No
 
Parents are not generally liable for the torts of their children, unless the tort results from the parents negligent supervision of the child.

Additionally, once you're 18, you're independant and parents will not be liable.

Brian Glass
MSU Law

Kevin 02-19-2006 05:41 PM

Re: No
 
Quote:

Originally posted by jmuphigam
Parents are not generally liable for the torts of their children, unless the tort results from the parents negligent supervision of the child.

Additionally, once you're 18, you're independant and parents will not be liable.

Brian Glass
MSU Law

Thank you Mr. Prosser :)

KA2002 02-23-2006 02:37 AM

Quote:

Originally posted by saetex
oh, and once again for kddani and sigmachiguy...........I never said anything about SAE at UT hazing at all, not once. I said I liked some hazing, lineups, and conditioning.
Not trying to bash on any one but, what do you think that the New Members get out of line ups conditioning. What are some example of hazing that is ok with you.

The purpose of line ups and conditioning is for the amusement of the Actives and nothing more. If you want to build brotherhood try Community service or do smthing like a new member vs active challenge course

KA2002 02-23-2006 02:39 AM

Wow. I would not make that statement in all states. MSU LAW - example if your 18 and get in an accident DUI and hurt someone. If you are on you parents policy watch out

AGDee 02-23-2006 06:52 AM

If MSU Law was referring to my post, I wasn't talking about parents, I was talking about officers, chapter members, advisors, regional directors, etc. People can be named personally.

kleptobyte 04-09-2006 03:24 PM

Quote:

Originally posted by GeekyPenguin
I have a question for the real lawyers, and not the pretend ones like me:

If somebody was writing stories using the names of real people involved in incidents that were based on real incidents, could those people recover damages for libel, slander, defamation of character, invasion of privacy, and intentional infliction of emotional distress?

The can "file" whatever they want. Question is, can u defend it? And, further, can you afford to defend it?

GeekyPenguin 04-09-2006 07:00 PM

Quote:

Originally posted by kleptobyte
The can "file" whatever they want. Question is, can u defend it? And, further, can you afford to defend it?
I didn't do anything, it was a hypothetical. If you were a real lawyer, you'd be familiar with those. :D


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