There are several problems facing insurance agents who are involved in providing coverage to churches, and they can be exacerbated if the agent is a member of the board of trustees. We talked to Clarance E. Hagglund, a litigation attorney practicing primarily in insurance coverage, about these issues. Courts are reluctant to touch cases involving religious doctrine. However, secular activities are not protected under the First Amendment, an expert warns. Wrongful discharge, sexual harassment and intentional acts are considered to be in the secular domain.
Courts are very reluctant to touch cases involving religious doctrine.
However, he goes on to warn that secular activities are not protected under the First Amendment. Matters such as wrongful discharge, sexual harassment and intentional acts or torts all are considered to be in the secular domain. Counseling is an area where the lines between religious and secular can become blurred, he warns, and where liability could occur. Clergy often provide counseling as part of the pastoral duties, Hagglund notes, but adds that they need to make it clear to the people whom they are advising that they are not providing psychological or psychiatric services. Defamation is another area of concern for members of the clergy.