Having the right insurance is a key part of good risk balancing for land trusts. Terrafirma helps cover threats to the lasting conservation, however, land trusts need to assess many other types of insurance to balance risk. We will present real life stories of how insurance plays into all land trust activities. Do you own buildings? Is your board covered against hostile legal actions? What about employee owned vehicles used for work? Are you responsible for physically monitoring conservation easements? Is your fee property open for public recreational use? We will cover basic types of insurance, as well as some that may be unique to land trusts, and using a land trust example we discuss how a board goes about assessing what insurance to purchase.
Terrafirma has been helping member owner land trusts defend their public liability for their conservation portfolios for over six years now. Presenters will share two stories involving a conservation easement and a preserve that Terrafirma helped them defend. We’ll also discuss practical takeaways and have an open conversation about results, claims trends, forecasts, financial stability, premiums and anything else on your mind about the world’s only conservation defense liability insurance company. This session qualifies for the 2020 Terrafirma risk management discount.
We will take participants through a worst case easement violation, from the day staff discovered it through trial. Successor owners dug up and hauled three heritage oak trees down the length of an easement property to landscape a new house on the neighboring parcel. Sonoma Land Trust staff encountered not just egregious physical harm from the easement violations, but a sophisticated landowner who lied, obstructed staff’s investigation and strung out negotiations to restore the property. Once the land trust filed suit, the owners’ legal team fought every step of the case with scorched earth tactics, requiring enormous amounts of staff and legal time. In this workshop, senior staff will share how they responded to physical results of easement violations, communicated with the violators, worked with Terrafirma, engaged outside counsel and handled discovery, depositions and trial. Counsel will address important legal issues including enforcement against third parties and valuing harm to the easement, as well as how to work with staff to build the strongest possible case over the course of multi-year litigation. Terrafirma will provide a perspective on assessing and ultimately supporting negotiations and then litigation to enforce against an easement violation.
Session Level: Intermediate Session Location: Raleigh Convention Center CLE: CLE
Having the right insurance and smart mitigation strategies is a key part of good risk balancing for land trusts. Terrafirma helps cover threats to the lasting conservation, however, land trusts need to assess many other types of insurance to balance risk. We will present real life stories of how insurance plays into all land trust activities with a special focus on disasters of all types, extreme weather, preparation and risk assessment. We also will explore “catastrophe zones” and how your location affects your insurance.