Idaho State Statutes - Idaho Attorney Directory

LIMITATION ON LIABILITY OF VOLUNTEERS, OFFICERS AND DIRECTORS OF
NONPROFIT CORPORATIONS AND ORGANIZATIONS. (1) In any nonprofit corporation or
organization as defined in section 6-1601(6), Idaho Code, officers, directors,
and volunteers who serve the nonprofit corporation or organization without
compensation shall be personally immune from civil liability arising out of
their conduct as an officer, director, or volunteer, if such conduct is within
the course and scope of the duties and functions of the individual officer,
director or volunteer and at the direction of the corporation or organization.
The provisions of this section shall not eliminate or limit, and no immunity
is hereby granted for the liability of an officer, director or volunteer:
(a) For conduct which is willful, wanton, or which involves fraud or
knowing violation of the law;
(b) To the extent of coverage for such conduct under a policy of
liability insurance, whether the policy is purchased by the corporation or
organization, the individual officer, director, volunteer or some third
party;
(c) For any intentional breach of a fiduciary duty or duty of loyalty
owed by the officer, director or volunteer to the corporation,
organization or the members thereof;
(d) For acts or omissions not in good faith or which involve intentional
misconduct, fraud or a knowing violation of law;
(e) For any transaction from which the officer, director or volunteer
derived an improper personal benefit;
(f) For any violation of the provisions of section 30-3-82, Idaho Code;
or
(g) For damages which result from the operation of a motor vehicle.
(2) Reimbursement of an officer, director or volunteer of a nonprofit
corporation or organization for costs and expenses actually incurred shall not
be considered compensation.
(3) Nothing in this section shall be construed to supersede, abrogate, or
limit any immunities or limitation of liability otherwise provided by law.

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