Professional Liability Insurance and Eagle

FREQUENTLY ASKED QUESTIONS

Q: What could happen if I am personally sued?

Being sued personally is not limited to law enforcement employees—it could happen to anyone—especially if you deal with the public or make decisions affecting the public.

The FEDS policy pays up to $1,000,000 or $2,000,000 (depending on the policy you choose) of professional liability damages to federal employees who are sued for any act, error or omission which are committed or arise out of the course and scope of employment. See Disciplinary Scenarios and Criminal Scenarios also covered by the policy.

Scenario 1

Several SSA OIG employees are personally sued for disclosing the names of subjects of criminal investigations to third party witness. In such cases, conflict of interest rules might prevent the DOJ from representing every individual defendant. Depending on the defenses available to the individual defendants, DOJ may exercise its broad discretion to deny you DOJ representation , and also decline to hire private counsel for you. As a FEDS policy holder, you would be provided with an attorney to defend you in the civil action. Also, in this scenario, if there were a civil monetary judgment against you, your FEDS policy pays up to $1,000,000 (or $2,000,000 depending on the policy you choose) of the judgment in the event that the U.S. Government declines to indemnify you.

Scenario 2

Several FBI agents participate in the execution of a search warrant at a home, involving the arrest of a person inside that home. The arrestee then files a Bivens action, seeking damages against the agents personally, alleging that the search of his home and his arrest violated his constitutional rights. If DOJ was representing you in the civil suit, you would be provided with an attorney to monitor DOJ’s representation of you. Also, in this scenario, if there were a civil monetary judgment against you, your FEDS policy pays up to $1,000,000 (or $2,000,000 policy option) of the judgment in the event that the U.S. Government declines to indemnify you.

Scenario 3

An attorney manager is sued personally for allegedly retaliating against a subordinate attorney when he reported the subordinate to the state bar for ethics violation. As a FEDS policy holder, you would be provided with an attorney to defend you in the civil action. Also, in this scenario, if there were a civil monetary judgment against you, your FEDS policy pays up to $1,000,000 (or $2,000,000 depending on the policy you choose) of the judgment in the event that the U.S. Government declines to indemnify you.

Scenario 4

A manager is sued personally for searching a subordinate employee’s government office desk drawer. As a FEDS policy holder, you would be provided with an attorney to defend you in the civil action. Also, in this scenario, i fthere were a civil monetary judgment against you, your FEDS policy pays up to $1,000,000 (or $2,000,000 depending on the policy you choose) of the judgment in the event that the U.S. Government declines to indemnify you.

Questions: Please call or contact us online with any questions.

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