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Old 10-15-2019, 05:44 PM
Noonien Soong Noonien Soong is offline
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Default Law Enforcement Officer/Public Servant Insurance?

Greetings.

In the past few weeks there have been two high profile incidents in Texas where law enforcement officers shot and killed private individuals in their homes.

Now, for medical providers there is medical malpractice insurance, for negligent acts and other actions causing harm or worse to their patients.

Is their such a liability for police departments? Do they have liability insurance for against their officers acting against training and causing injury or death? A peer informed me NYC law enforcement has some kind of liability insurance, but i'm not familiar if this product is common.

Would this be a surplus line liability coverage?

Is anyone familiar with police liability insurance, or even public servant (city/state/county/federal) liability insurance? Say a firefighter fails to rescue someone, is this insured?

Humanly,

Noonien Soong
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Old 10-16-2019, 01:08 PM
tommie frazier tommie frazier is offline
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it exists. I recall working for a govt entity that had it insured through a captive and then purchased excess risk behind it.
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Old 10-16-2019, 01:41 PM
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Arthur Itas Arthur Itas is offline
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Law Enforcement Liability is a subset within the Public Entity market. Many entities join pools for a portion of their exposure.

The strength of sovereign immunity limits/caps varies widely by jurisdiction.
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Old 10-16-2019, 01:47 PM
Beach Bum Beach Bum is offline
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Ditto to what Itas said. There are a handful of large public entity players in the market. Often times you have primary limits for say $1M per occ up to maybe $3M. Then there are excess liability policies available that may cover a public entity up to say $10M or greater per occurrence. The excess piece generally covers GL or commercial auto major claims.

Public entity classes include gov't buildings/operations, housing districts (HUD), sewer/water district, law enforcement, transit authorities, park districts, etc.

You are right that high profile events such as the recent Fort Worth shooting trigger claims and often place the excess carrier on notice. If you have access to rate filings you can search and find some of the key markets and their products.
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Old 10-16-2019, 01:48 PM
Beach Bum Beach Bum is offline
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Ditto to what Itas said. There are a handful of large public entity players in the market. Often times you have primary limits for say $1M per occ up to maybe $3M. Then there are excess liability policies available that may cover a public entity up to say $10M or greater per occurrence. The excess piece generally covers GL or commercial auto major claims.

Public entity classes include gov't buildings/operations, housing districts (HUD), sewer/water district, law enforcement, transit authorities, park districts, etc.

You are right that high profile events such as the recent Fort Worth shooting trigger claims and often place the excess carrier on notice. If you have access to rate filings you can search and find some of the key markets and their products.
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Old 10-16-2019, 03:06 PM
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Maphisto's Sidekick Maphisto's Sidekick is offline
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The market for public entity coverage varies wildly from state to state, due to differences in laws on the applicability of sovereign immunity and tort caps, and local court rulings related to those concepts.

In some states, the coverage is provided ground up (gross of a deductible or self-insured retention) by primary insurers. In other states, there are pools with insurers providing reinsurance or excess coverage above the pools.

In a couple of states, there is no market because court rulings have held that purchasing coverage waives immunity. Or, elsewhere, larger-municipalities with self-insure, buying excess coverage attaching at six- or seven-figures.

Law enforcement liability, public officials liability, school liability, emergency services liability...they all are usually handled as separate insuring agreements classified under "professional liability". Aside from the reinsurance or pure excess plays, the products are usually written on an admitted basis, but are not always filed due to various versions of deregulation.
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