What Is Police Professional Liability Insurance and Why Do You Need It

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Police professional liability insurance is a must-have for law enforcement agencies and officers. It provides financial protection against claims of misconduct, negligence, or excessive force.

This type of insurance helps to shield officers from personal financial loss and reputational damage. It's a critical component of any police department's risk management strategy.

Without police professional liability insurance, officers could be held personally responsible for costly lawsuits and settlements. This can lead to financial ruin and even force officers to retire early.

In the event of a claim, police professional liability insurance can help to cover legal fees, damages, and other related expenses.

Benefits and Features

Our police professional liability insurance program offers a range of benefits to protect law enforcement agencies and personnel from costly lawsuits.

The average defense cost in court is a staggering $10,000, with some cases exceeding $10,000 even if the officer is not held liable.

Vicarious liability is a key area of concern, with charges including failure to adequately train subordinates, hiring the unfit, and failure to direct.

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Our program is designed to protect against these charges, which can lead to financial ruin.

Coverage is also available for individual Constables, Marshals, and other process servers.

Professional liability insurance can cover the costs of lawsuits related to civil rights violations, mishandled evidence, and employment practices liability.

If someone sues a law enforcement officer on charges related to civil rights violations, the department could be liable, but having police professional liability insurance offers peace of mind that the insurance will cover the damages.

Coverage and Protection

Police professional liability insurance provides a crucial layer of protection for law enforcement agencies and personnel. This type of insurance covers damages and lawsuits related to police misconduct, including allegations of excessive force, civil rights violations, and mishandled evidence.

The coverage offered by police professional liability insurance can include up to $5,000 in income replacement, which can be a significant help in case an officer is unable to work due to a lawsuit or investigation.

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The insurance can cover a range of claims, including:

  • Unnecessary use of force
  • Excessive force
  • Improper use of tasers, nightsticks or other equipment
  • Improper discharge of firearms
  • Unlawful search or seizure
  • False arrest and/or imprisonment

In most jurisdictions, public entities are required to defend and indemnify officers acting within the course and scope of their duties, unless the officer acts in bad faith or with malice. This means that the agency will typically cover the costs of defending against a lawsuit, as well as pay damages, except for punitive damages.

Purchasing and Options

Police professional liability insurance can be purchased on a claims-made or occurrence basis, with the former typically being more cost-effective for law enforcement agencies.

Agencies can choose from various policy limits, including $1 million, $2 million, and $5 million, to ensure they have sufficient coverage in the event of a lawsuit.

The deductible for police professional liability insurance can range from $0 to $25,000, depending on the agency's risk tolerance and budget.

Purchasing Individual Insurance

Purchasing Individual Insurance can be a complex and nuanced topic, especially for law enforcement officers. The likelihood of personal liability is extremely remote unless you act with malice or engage in criminal conduct.

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Some law enforcement associations or unions may offer limited insurance policies to cover duty-related activities not defended or indemnified by your agency. These policies can be quite expensive, with annual costs ranging from $500 to $1,000.

You should carefully review the exclusions in these policies, as they may include allegations of criminal conduct, punitive damages, and more. It's essential to understand what is and isn't covered.

Your local laws addressing defense and indemnification should be checked, as they can impact your individual exposure. This includes laws like Ohio Rev. Code 2744.07, California Government Code 825, and Missouri Revised Statute 105.711.

Many indemnification provisions explicitly exclude criminal conduct, which may become increasingly relevant in light of rising politically motivated prosecutions of officers.

Non-Mandatory Limit Rating

When purchasing police officer professional liability insurance, you'll want to consider the non-mandatory limit rating options.

One option is to purchase a policy with a $25,000 limit for $15 per month per officer, with a current legal defense cost plan in place.

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You'll receive a claims-free discount, dropping the monthly premium to $14 in year two and $13 in year three.

Alternatively, you can opt for a policy with a $25,000 limit and include legal defense costs for $25 per month per officer.

This option also offers a claims-free discount, reducing the monthly premium to $24 in year two and $23 in year three.

Group rates are available for these policies, making them a more affordable option for larger departments.

Comparison and Analysis

General liability insurance is a must-have for law enforcement agencies, but it's not enough on its own. It protects agencies from basic business lawsuits.

Professional liability insurance, on the other hand, specifically covers police officers and departments against lawsuits arising from performing their professional duties. This type of insurance is essential for protecting officers and agencies from claims related to their work.

Some common types of professional liability coverage include defense costs, consent to settle, pay on behalf, punitive damages, and personal injury. These coverages are crucial for mitigating the financial impact of lawsuits.

Policy deductibles and limits for both types of insurance will vary based on the law enforcement agency's needs. The limit for professional liability is generally up to $5 million.

Intentional acts are often excluded from professional liability policies, so it's essential to understand what's covered and what's not.

Frequently Asked Questions

How much does police liability insurance cost?

Police liability insurance costs $15-$25 per month per officer, depending on whether you have a legal defense cost plan in place. Contact us for a quote and to learn more about our group rates.

Are police officers personally liable?

In California, police officers may be personally liable for misconduct in certain circumstances. However, liability depends on the specific situation and may require taking legal action.

Does professional liability insurance cover duty to defend?

Professional liability insurance typically only covers a duty to defend if it's tied to a finding of professional negligence. If not, coverage is unlikely.

Ruben Quitzon

Lead Assigning Editor

Ruben Quitzon is a seasoned assigning editor with a keen eye for detail and a passion for storytelling. With a background in finance and journalism, Ruben has honed his expertise in covering complex topics with clarity and precision. Throughout his career, Ruben has assigned and edited articles on a wide range of topics, including the banking sectors of Belgium, Luxembourg, and the Netherlands.

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