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Trustee indemnity insurance

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Trustee Indemnity Insurance, sometimes available as part of Professional Liability Insurance or other insurance packages, offers trustees some cover for damages and legal expenses for which they are legally liable as a result of a ‘wrongful act’ such as breach of confidentiality, copyright, accidental or unintended breaches of trust.

Charity trustees may take out indemnity insurance from charity funds against personal liability in their role as charity trustees, as long as the charity’s constitution does not prohibit them from doing so.

As with all insurances there are ‘fine print’ details which set out all the things which are not covered and these frequently include:-

• breaches of contract
• fines for breaches of statutory duty
• losses resulting from fraudulent or dishonest acts
• losses resulting from failure to insure or underinsurance of the charity’s assets etc.

Technically Trustee Indemnity Insurance contravenes Section 67-78 of the Charities and Trustee Investment (Scotland) Act 2005 because it is a form of remuneration benefiting all the Trustees. However, the Office of the Scottish Charity Register (OSCR) will not take action against charities which choose to take out Trustee Indemnity Insurance or turn down an application for charitable status on this basis.  

Contact the Community Toolkit Editor

Conditions of Use
Last Updated 17/10/2011 11:02

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Contact the Community Toolkit Editor

Conditions of Use
Last Updated 17/10/2011 11:02

_uacct = “UA-829849-2″;urchinTracker();

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