Key point 10-13.03. Churches can reduce the risk of liability based on breach of fiduciary duty by adopting risk management policies and procedures.
“Breach of fiduciary claims” against churches and other religious organizations are rarely successful. The few exceptions generally have involved claims of sexual misconduct by clergy in the course of a counseling relationship. The risk of such claims can be reduced by implementing the same strategies mentioned in section 10-12.01 in the context of counseling activities.