Professional Liability Insurance and Eagle

LIABILITY SPOTLIGHT

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Federal Managers

There is inherent risk in everyday federal management decisions. Media sensation, negative public impact, political agendas and disgruntled employees are just a few of the reasons federal managers should have liability insurance for federal managers from FEDS Protection in place. Congress understands that you need this protection. This is why federal agencies are required to reimburse all managers and supervisors up to half the cost of this insurance.

Administrative & Disciplinary Matters
Very often, you must invoke your policy benefits due to employee allegations of:
  • Harassment,
  • Discrimination,
  • Retaliation,
  • Wrongful Termination, and
  • Whistleblower Reprisal.
Sometimes, it is the result of more serious and costly investigations such as:
  • OIG Investigations
  • OSC Investigations
  • OPR/OIA Investigations & Other Professional Misconduct Hearings
  • HR Investigations / Management Inquiries
  • Internal Disciplinary Boards
  • MSPB Appeals
  • Disciplinary Proceedings
Civil Suits

Although very rare, you may even find yourself facing a civil suit, or personal capacity lawsuit, without DOJ representation. Personal capacity lawsuits, however, should not be confused with lawsuits filed under the Federal Torts Claims Act, in which you have absolute immunity. If you are sued in your personal capacity for a job related decision or action, all you really need to understand is that:
  1. DOJ representation is not mandatory. DOJ representation is not automatic. DOJ can deny representation if it is not in the interest of the United States to do so, and
  2. You can be held personally liable even if DOJ represents. You don’t have absolute immunity like you do for lawsuits under the FTCA.

Criminal Investigations

The most common criminal investigations involving federal managers are due to:

  • Conflict of interest statutes where intent is not a prerequisite to prove the crime,
  • Misappropriation of federal funds,
  • Release of privacy act or other statutorily protected information, and/or
  • Allegations of misuse or abuse of position or authority.

There is very little you can do wrong in the federal government and not have it also be a violation of Title 18.

FEDS PROTECTION
  • For administrative matters, your FEDS policy will pay for legal defense (up to $200,000) to defend the allegations prepare you for the agency administrative or investigation process, attend the investigative interview with you, and defend you in any resulting disciplinary action at both the agency level and at the MSPB.
  • If you are sued, your FEDS attorney will defend you in a personal capacity lawsuit when DOJ exercises its discretion not to. This most often happens if you are being investigated for the very same reason that you are being sued—you can see that DOJ will not want to be on both sides of that. The policy will also provide indemnification if you are held liable. Defense and indemnification limits are either $1,000,000 or $2,000,000 depending on the policy you choose.
  • And finally, if you are the subject of a criminal investigation, FEDS will pay for legal defense up to $100,000. The most common criminal investigations involving federal managers are due to conflict of interest statutes where intent is not a prerequisite to prove the crime, misappropriation of federal funds, release of privacy act or other statutorily protected information, and/or an allegation of misuse or abuse of position or authority. Often, it is the career executive that gets served up to testify on congress.
FEDS Protection is Affordable:
$1,000,000 Limit; Annual Premium is $290 plus SL tax
$2,000,000 Limit; Annual Premium is $390 plus SL tax
All agencies will reimburse managers and supervisors up to half the cost of this insurance for out of pocket costs as low as $145 annually.
Enrollment takes just a few minutes AND payroll deduction is available.

Have questions? Call us at 866.955.FEDS (3337) or contact us online.
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