Question 1/5:

True or False: You can not be sued personally or held liable for actions you take within the scope of your federal employment.

Question 2/5:

True or False: The most common reason LEOs use professional liability insurance policies is for cases involving injury or death.

Question 3/5:

True or False: A professional liability insurance policy will not appoint counsel until after the DOJ determines scope and interest.

Question 4/5:

True or False: I am a FLEOA member entitled to legal representation so I don't need FEDS insurance.

Question 5/5:

True or False: All federal law enforcement officers need LEOSA coverage in addition to PLI coverage.

Results

True or False: You got 1/5 of our questions right.

Results

True or False: You got 2/5 of our questions right.

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True or False: You got 3/5 of our questions right.

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True or False: You got 4/5 of our questions right.

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True or False: You got 5/5 of our questions right.

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True or False: You got 0/5 of our questions right.

Correct!

DOJ representation is not mandatory. DOJ representation is not automatic. Even if DOJ defends you, you can still be held personally liable for damages if they lose.

Incorrect!

DOJ representation is not mandatory. DOJ representation is not automatic. Even if DOJ defends you, you can still be held personally liable for damages if they lose.

Correct!

While cases involving injury, death, public programs, terrorism, security breaches, or political agendas certainly grab headlines, they are not the most common type of case or investigation LEOs face in their careers.

Incorrect!

While cases involving injury, death, public programs, terrorism, security breaches, or political agendas certainly grab headlines, they are not the most common type of case or investigation LEOs face in their careers.

Correct!

Unlike similar policies, FEDS will appoint coverage counsel prior to DOJ's determination of scope and interest. This is especially important, and sometimes critical, in situations involving injury or death.

Incorrect!

Unlike similar policies, FEDS will appoint coverage counsel prior to DOJ's determination of scope and interest. This is especially important, and sometimes critical, in situations involving injury or death.

Correct!

While FLEOA membership provides important advocacy on behalf of federal law enforcement and does provide some legal defense benefits that overlap with FEDS, your FLEOA membership does not provide legal defense or indemnification for civil lawsuits/Bivens actions or coverage for criminal matters.

Here is a brief explanation of the differences in legal coverage between FEDS and FLEOA as well as the reasons that we strongly encourage enrollment in both.

Civil Suits

FEDS Professional Liability Insurance (PLI) provides defense and pays the judgment if you are held liable - up to the $1,000,000 or $2,000,000 limit (depending on the policy limit you choose). Your FLEOA membership does not cover you for civil lawsuits/Bivens actions and provides no indemnity protection against these suits. Note: unlike other carriers, FEDS will not deny your claim if you initially get legal advice through FLEOA, and later need to invoke your insurance benefits.

Administrative & Disciplinary Matters

This is where your FEDS and FLEOA benefits overlap. Your FLEOA membership provides advice, counseling and assistance on agency level administrative matters, internal affairs investigations, adverse actions, whistleblower retaliation, DOJ "scoping" issues, Henthome & Giglio disclosure issues, etc. Your FLEOA administrative and legal support is also available for matters not covered by the FEDS policy including: fitness for duty actions, injuries and job related disability, disability retirement, availability pay, transfers pay and benefit disputes, etc. And unlike any other program, provides you with an Emergency 24-hour hotline and immediate legal assistance in the event you are arrested, involved in a shooting, or involved in a serious injury incident.

FEDS pays for legal representation up to $200,000 for any administrative investigation or disciplinary action arising out of your scope of employment which includes representation both at the agency level and appeals outside of the agency, if necessary. Disciplinary appeals outside of the agency are not covered by FLEOA benefits.

FEDS/FLEOA members typically initially invoke their FLEOA benefits for these administrative matters and preserve FEDS benefits for matters requiring an attorney after FLEOA benefits have been exhausted. Unlike other policies, FEDS will not deny your claim if you get initial advice from FLEOA and then need to invoke your policy benefits.

Criminal Investigations

Your FLEOA membership does not provide legal defense for most criminal investigations and proceedings. Some of the most common criminal investigations involving a federal law enforcement officer usually involve inaccurate information in an investigative document or court testimony, or something arising out of an alleged misuse of position or use of force issue.

Incorrect!

While FLEOA membership provides important advocacy on behalf of federal law enforcement and does provide some legal defense benefits that overlap with FEDS, your FLEOA membership does not provide legal defense or indemnification for civil lawsuits/Bivens actions or coverage for criminal matters.

Here is a brief explanation of the differences in legal coverage between FEDS and FLEOA as well as the reasons that we strongly encourage enrollment in both.

Civil Suits

FEDS Professional Liability Insurance (PLI) provides defense and pays the judgment if you are held liable - up to the $1,000,000 or $2,000,000 limit (depending on the policy limit you choose). Your FLEOA membership does not cover you for civil lawsuits/Bivens actions and provides no indemnity protection against these suits. Note: unlike other carriers, FEDS will not deny your claim if you initially get legal advice through FLEOA, and later need to invoke your insurance benefits.

Administrative & Disciplinary Matters

This is where your FEDS and FLEOA benefits overlap. Your FLEOA membership provides advice, counseling and assistance on agency level administrative matters, internal affairs investigations, adverse actions, whistleblower retaliation, DOJ "scoping" issues, Henthome & Giglio disclosure issues, etc. Your FLEOA administrative and legal support is also available for matters not covered by the FEDS policy including: fitness for duty actions, injuries and job related disability, disability retirement, availability pay, transfers pay and benefit disputes, etc. And unlike any other program, provides you with an Emergency 24-hour hotline and immediate legal assistance in the event you are arrested, involved in a shooting, or involved in a serious injury incident.

FEDS pays for legal representation up to $200,000 for any administrative investigation or disciplinary action arising out of your scope of employment which includes representation both at the agency level and appeals outside of the agency, if necessary. Disciplinary appeals outside of the agency are not covered by FLEOA benefits.

FEDS/FLEOA members typically initially invoke their FLEOA benefits for these administrative matters and preserve FEDS benefits for matters requiring an attorney after FLEOA benefits have been exhausted. Unlike other policies, FEDS will not deny your claim if you get initial advice from FLEOA and then need to invoke your policy benefits.

Criminal Investigations

Your FLEOA membership does not provide legal defense for most criminal investigations and proceedings. Some of the most common criminal investigations involving a federal law enforcement officer usually involve inaccurate information in an investigative document or court testimony, or something arising out of an alleged misuse of position or use of force issue.

Actually - it depends!

While we carefully designed this optional coverage to protect you and highly recommend it for all federal law enforcement officers, only you can determine if it is something you need. Factors to consider include your agency’s off duty authorization, how and when you carry when off-duty or not on assignment, how and when you would involve yourself in a particular situation, i.e., if it is within your agency authority to defend yourself/others while off duty, or otherwise acts to prevent loss of life or serious injury to others.

Civil exposure becomes a concern for federal LEOs if the agency finds the officer acting outside of scope, outside of the interest of the U.S. to defend, and/or outside of agency LEOSA authority for off-duty incidents. The coverage was developed with the help of LEOSA expert attorneys who defended active officer LEOSA situations, to fill the LEOSA civil exposure gaps similar to the on-duty civil liability gaps of federal LEOs.

See Master Policy for complete terms and conditions.

Actually - it depends!

While we carefully designed this optional coverage to protect you and highly recommend it for all federal law enforcement officers, only you can determine if it is something you need. Factors to consider include your agency’s off duty authorization, how and when you carry when off-duty or not on assignment, how and when you would involve yourself in a particular situation, i.e., if it is within your agency authority to defend yourself/others while off duty, or otherwise acts to prevent loss of life or serious injury to others.

Civil exposure becomes a concern for federal LEOs if the agency finds the officer acting outside of scope, outside of the interest of the U.S. to defend, and/or outside of agency LEOSA authority for off-duty incidents. The coverage was developed with the help of LEOSA expert attorneys who defended active officer LEOSA situations, to fill the LEOSA civil exposure gaps similar to the on-duty civil liability gaps of federal LEOs.

See Master Policy for complete terms and conditions.

"In my experience, it is often the most aggressive, most productive and most capable agents who get ground up in the disciplinary machinery of their respective law enforcement agencies. And when that happens, you may be shocked to learn two things:

First, you are now in an adversarial relationship with the Agency that once embraced you as a member of its family; and

Second, you may find that your exemplary record of performance and achievement may not count for as much as you think.

I have represented hundreds of federal law enforcement officials in my career. The best advice I have given any of them is to purchase a professional liability policy in anticipation of that dark day when they might need it. Unless you are one of those rare 'no cases, no problems' agents, you simply cannot afford not to."

- Thomas G. Roth, Retired, Law Offices of Thomas G. Roth, Former Federal Prosecutor

Agencies reimburse up to half the cost of this insurance for all LEOs, so a $1,000,000 policy is only $145 out of pocket annually.

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Professional Liability Insurance
for Federal Law Enforcement Officers

Professional liability insurance often becomes necessary when there is a major incident or an enforcement operation that results in injury, death, public alarm, threats to public safety, oversight or a security vulnerability or breach. Defending a decision, action or inaction could be cost prohibitive, even if actions were within scope and you are ultimately vindicated.

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Indemnification for Civil Suits

If a personal capacity lawsuit or Bivens action is filed against you and you don't have PLI in place, you could spend tens to hundreds of thousands of dollars just to defend yourself. If a civil case is decided against you, you could also be held liable for damages even though your actions were within scope of employment.

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Defense Against Claims & Allegations

Facing an investigation or administrative sanction, without legal representation, could cost you more than just your savings. FEDS PLI provides objective and experienced counsel to deal with investigations and disciplinary proceedings resulting from alleged acts, errors and omissions while in the performance of today's federal law enforcement job duties.

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FEDS $1,000,000 policy is $290 a year or $145 after agency reimbursement. Federal Law requires agencies to reimburse law enforcement officers up to 50% of the cost of insurance.

"In my opinion, agents and investigators should strongly consider professional liability insurance, regardless of your rank. The staff at FEDS understand the issues faced by law enforcement professionals so they are well suited to design a policy to fit your needs.In the past few years, law enforcement professionals have seen an unprecedented number of lawsuits and investigations resulting from job duties. Don't risk your family's financial future by not protecting yourself with professional liability insurance."

Michael R. Bouchard, Assistant Director, ATF (Retired)