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Recent Photos

WPGTA Plow , Pull and show day at the Beacon Hotel

Answers to some question about IHCC and Chapter answered byhttps://members.webs.com/MembersB/EditPage/index.jsp?pageID=257424841

 Please don't send anything to the IHCC general Counsel Richard Foster. If you have any questions we will try to answer them here first then if need be I'll forward then to IHCC.

Wally


This is how we will handle any of our problems.


Walter -- Thank you for making the recent change to the web site concerning member questions about IHCC policies. These questions should be directed first to Chapter officers. If the question cannot be answered locally, then an e-mail, letter, or phone call to the National President is surely in order. The National President or another Board member may or may not ask me to draft a reply or communicate directly with the correspondent as was done in this case. Questions concerning our insurance program may be directed to the Insurance Committee through the Board of Directors.


Again, thank you for making the change under the IHCC General Counsel tab on the website.


Richard A. "Dick" Forster

Law Office of Richard A. Forster

204439 Blue Ridge Parkway

Fancy Gap, VA 24328

On 1/15/2012 10:27 AM, Walter Whitfield wrote:

Hi Dick, could you answer Jeffs question? I am not sure what to say here. I told him that they all need to be members of IHCC and would love to have there father to belong to Chapter 34

Wally Chapter $34

---------- Forwarded message ----------

From: Walter Whitfield<[email protected]>

Date: Sun, Jan 15, 2012 at 10:20 AM

Subject: Re: One more question

To: Jeff Silvis <[email protected]>

Hi Jeff, I am going to ask our general console about tihs.

Wally

Hi Dick, could you answer Jeffs question? I am not sure what to say here. I told him that they all need to be members of IHCC and would love to have there father to belong to Chapter 34

Wally Chapter $34

---------- Forwarded message ----------

From: Walter Whitfield<[email protected]>

Date: Sun, Jan 15, 2012 at 10:20 AM

Subject: Re: One more question

To: Jeff Silvis <[email protected]>

Hi Jeff, I am going to ask our general console about tihs.

Wally

On Sun, Jan 15, 2012 at 9:18 AM, Jeff Silvis <[email protected]> wrote:

Hi Wally,

Sorry to keep bothering you but I have one more question regarding plow days. I got a friend of mine into this tractor thing recently. How I did it is a story I will relate to you at another time. You'll love it. Anyway, they've decided they want to get a treactor to work on together and learn on which I think is great. Then he mentioned plow day. I told him about it and showed him some pictures and I believe he would like to find something and give it a try. My question is this, he has two boys, would he have to pay fees for all three to plow or would he just pay for himself and the boys plow under his name? If it's all three, I'm afraid it would be a deal breaker for him as $75 is a lot to pay to just play in the dirt. He's just not the type that would do that. Could he become a member of one but not the other (either/or) and still be able to plow. That's what I had planned to do but it when I got up there to pay, I felt that I had to join both. Figured I should let him know the whole story before he enters in to this.

Jeff


On Mon, Jan 16, 2012 at 5:13 PM, Dick Forster wrote:

Walter -- The answer is simple and has been widely advertised in the past.


It is long-standing Club policy and, in addition, a requirement of our insurance that all participants or exhibitors in a national IHCC or chapter sponsored event must be members of the national IHCC organization. Part of the national dues paid by the member goes to pay our insurance premium. There is no national requirement that the exhibitor or participant belong to any chapter, although many chapters have this requirement too.


Finally, while the age of the two children is not stated in your e-mail, I urge that you exercise extreme caution in allowing children to operate agricultural machinery under load in the plow day event you are proposing. You may well wish to establish a minimum age for allowed operations. I'm sure you will recall that IH, CASE, and MTD have all repeatedly warned against allowing children to operate Cub Cadet machinery because of the risk of personal injury.


I trust I have answered your immediate question


Richard A "Dick" Forster

Law Office of Richard A. Forster

204439 Blue Ridge Parkway

Fancy Gap, VA 24328

276-236-3235


Member - Iowa Chapter 5

Member - Virginia Chapter 41

Member - National Insurance Committee


General Counsel to the IHCC Board of Directors


On 1/17/2012 10:48 AM, Walter Whitfield wrote:


No I don't recall the IH case. So what is age that members should be to become members then? These two children are 11, 12 years old. And too now that no one has to be a member of any chapter, how do we know if someone comes to our plow days or any event and says he belones to IHCC and wants to plow or ect. that he is/she a member at all?

Wally

Walter -- I address the subjects raised in your e-mail in turn.


A. There is no "IH case." When the sentence is carefully read, you will see that I am referring to warnings issued by the various manufacturers of Cub Cadets -- International Harvester, Case IH, and MTD Products. All have issued specific product warnings against operation of Cub Cadet products by children. In particular, every MTD owners manual specifically states that Cub Cadet products must not be operated by children under the age of 14.


B. There is no specific age below which children cannot be members of IHCC. We have children as young as 1 or 2 who are members (gifts from grandparents). You have misread my reply. I did not address any of my comments to the subject of a minimum age for membership. What I was referring to was the need to exercise extreme caution in allowing children to operate agricultural machinery under load in an event such as the proposed plow day.


Now that you have identified the age of the children involved, I would like to make another point. Children of 11 and 12 years of age must not be allowed operate equipment in a plow day such as you propose. First, as pointed out above, the manufacturer specifically recommends against allowing children under 14 years of age to operate this equipment. Good reason exists for such a warning -- lack of maturity and good judgment, lack of full physical coordination, small size, and underdeveloped brains. Second, Pennsylvania law prohibits the operation of implements of husbandry on the public roads by children under the age of 14. See 75 Pa. Consol. Stat. Ann. § 1502(5) (West 1990).


I think it clear that plaintiff's counsel could easily convince a Pennsylvania jury that any organization or club that allowed 11 and 12 year old children to operate such machinery in public venue that led to an accident injuring the child or another was gross negligence or reckless conduct given the existence of specific warnings and a state law. Finally, allowing gross negligence or recklessness such as this could very well void our insurance coverage for the event and expose the chapter, national club, and individual members involved in organizing the event to the specter of a punitive damages award. The Club simply cannot afford this type of risk taking.


C. Respecting enforcement of the participant as member rule, various chapters have adopted different solutions. Again, you have misread my reply. I did not say that exhibitors or event participants did not have to be members of a chapter -- only that they had to be a member of IHCC. The question of whether a participant must be a member of the hosting chapter is a matter for that chapter to decide -- your national Board of Directors takes no position in this regard. Our National Membership Secretary will be pleased to send you a complete list of all dues paid national members for your use in checking entrants in your events. And, as pointed out in my previous e-mail, other chapters have made it a rule that only chapter members with paid up dues can exhibit or participate. In that way, the chapter has it own set of records to ensure the rule is complied with and does not have to refer to a national list. The method of checking is up to the chapter.


The contents of your e-mail and this reply have been forwarded to the national Board of Directors and the Insurance Committee for their information. I trust I have addressed your immediate concern

Richard A "Dick" Forster

Law Office of Richard A. Forster

204439 Blue Ridge Parkway

Fancy Gap, VA 24328

276-236-3235

Answers to my questions to IHCC President Robert Caloud. The first was who do I report to that now I am President of chapter#34, and the other was about what we can do and not do with our Ins.

Wally. All officer changes should be made to the National Sec. Ins. rules, No tractor rides. (includes going on a public road). No hay rides. No tractor pulls. ( do not advertise, endorse, sponsor, support or partner with any other group that has one). At an chapter event any one who displays or demonstrates a tractor or equipment must be a member. You can sign up a member any time. It would be a good practice to notify the Nat. President of any events. The Nat Board does not have any rules of what a chapter can do or not do. It is not the Nat. Board's intent to control any chapter event. If you follow the Ins. guidelines above and follow all State and local laws, and follow safety recomendations of the equipment manufactures. ( age, operation or safety equipment). If you have questions about Ins. contact me and I will contact the Ins, Chairman. Any Chapter concerns or questions I will only take from the chapter president. I hope this answers your concerns. Bob

Insurance Quote

Hi Wally,


Attached is a quote that I received from Selective Insurance Company for your club. It appears that Selective writes other chapters.


The annual premium of $553 includes an enhancement coverage endorsement which would include your club’s members as additional insureds.


If you have any questions, or if you are interested in pursuing coverage, please do not hesitate to let me know.


Thanks again for your assistance.


Jeff Howard

C. W. Howard Insurance Agency

Phone: 724-283-8181

Fax: 724-285-9032

Starting a nonprofit organization in Pennsylvania

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