New Jersey Charitable Immunity Law

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New Jersey Charitable Immunity Law

Introduction

The purpose of this paper is to provide a New Jersey non-profit organization with a secure up-to guide the introduction, the date of purchase: how to decide whether you need insurance or not and, if so, how to buy wisely. This article will focus on general liability and directors and officers liability insurance, the two most common nonprofit needs. It is by no means a specific legal opinion, but rather is a guide to assess your organization's exposure and cover their risks. Best defense of an organization's responsibility is to have policies and practices that reduce the risks non-profit that a claim will be filed. (Binkewitz, 100)

Nonprofit to make a priority of reducing their vulnerability to lawsuits, particularly in the field of employment, and addressing the problems of personnel policy as soon as they arise. Ensure that the nonprofit organization has adequate insurance protection is also paramount. Every nonprofit should conduct a thorough assessment of its policies, including its management and officers insurance policies to confirm that the key types of claims - especially those made by employees or former employees - are not mutually exclusive and that the liability limits are adequate. (Binkewitz, 100)

New Jersey Statutes immunity

The key legal protection for many non-profits charitable immunity law in New Jersey (NJSA 2A: 53 A-7 et seq.). Originally enacted in 1959, the law has been amended several times since, most recently in 2006. In its current form, the law provides that a nonprofit corporation organized exclusively for religious, charitable, educational or hospital is not responsible for damages resulting from ordinary negligence of someone acting on behalf of nonprofit profit, if the person suffering damages is a recipient of the organization - with some notable exceptions (see below). The case law provides some guidance as to ...
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