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Liability Coverage for County Officials

This article provides information on liability coverage for county officials, including torts, immunities, federal claims, types of claims, and insurance coverage. It also discusses the Idaho Tort Claims Act and its provisions, timelines for filing claims, and what a claim should look like. Additionally, it covers topics such as governmental entity liability, federal liability, common public entity claims, and the ICRMP policy coverage for property and auto liability. The article emphasizes the importance of notifying ICRMP promptly in the event of an incident or lawsuit.

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Liability Coverage for County Officials

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  1. Liability Coverage for County Officials

  2. LIABILITYISSUES • Torts andimmunities • Federal claims • Types ofclaims • Insurancecoverage

  3. IDAHO TORT CLAIMSACT IDAHO CODE §§ 6-901 ETSEQ. • Adopted in 1971 in response to Smith v. State and the abolition of sovereignimmunity. • Applies only to TORTactions. • Does NOT applyto • Contract actions • Statutorily created claims. • Equitable actions. • Federal claims.

  4. 4 TOPICS OF THEACT • When is the governmentliable? • Exceptions toliability. • Proceduralguidelines. • Insurance – you can buy moreliability.

  5. TORTCLAIMS • Must be in writing! • Must be served on Clerk or Secretary of Governing Board (mailed or handdelivered) • Filing of a complaint (lawsuit) is NOT notice. • Tort claim is a precursor to a lawsuit

  6. TIMELINES 180Days— Tort Claim filing orbe foreverbarred. 90Days— If it doesn’trespond within 90 days to approve or deny, claim DENIED. 2Years— Statute of limitationsto isdeemed file complaints inmost actions.

  7. WHAT DOES A CLAIM LOOKLIKE? Hand or typewritten claim tortclaim; Lawsuit (complaint &summons); Idaho Human Rights Commission Complaint; EEOCComplaint; If in doubt, send it tous!

  8. Governmental Entity is Liable for the Acts of Its Employees, as longas: • Acting within the course and scope of their employment. I.C. §6-903(a). • Entity has a duty to defend andindemnify. • If employee acted with malice or criminal intent, governmental entity may not beliable.

  9. FEDERALLIABILITY • Primarily Civil rightsissues • Employment • Discrimination • Due process fortakings • Can be Federal environmentallaws • Law enforcement claims such as excessiveforce • Not always worse to be in Federal Court • May be served on individual employee!!!

  10. COMMON PUBLIC ENTITY CLAIMS • Auto • E&O • GeneralLiability • PoliceLiability • Property

  11. ICRMPPOLICY PROVIDES COVERAGE FOR LOSSES IN TWOAREAS: 1stParty—Property 3RD Party—Auto Liability, GeneralLiability, Errors/Omissions, Chemical Spray, may be either state or federal.

  12. FIRST-PARTY PROPERTYLOSSES: • Property Belonging to theInsured: • (must be listed on your policy by youragent.) • Autos—motorized, licensed & for use onroadways. • Buildings. • Mobile Equipment (road graders, snow mobiles, trailers, etc.)—not licensed for use onroadways.

  13. Other Covered PropertyLosses: • Crime • Embezzlement • Public officialbonds • Boiler &Machinery • Cyber

  14. THIRD-PARTY LOSSES: • LIABILITY CLAIMS: • Property Damage toothers • Personal Injury toothers • PoliceLiability • No-Fault MedicalPayments • AUTO LIABILITY • ERRORS &OMISSIONS • Wrongful Act • CHEMICAL SPRAYING

  15. IMPORTANT!!!!!! Notify ICRMP as soon as the incident is reported to you or as soon as you become aware ofit. If you receive a LAWSUIT, please send it to the Claims ManagerIMMEDIATELY. We only have 20 days from service torespond.

  16. ICRMPPOLICY Any elected or appointed official serving as a volunteer or employee of the named insured, as well as any volunteer or employee of the named insured while acting within the scope of their duties assuch. This does not include any appointed or elected official or employee who is serving the named insured as an independentcontractor.

  17. PERSONALLIABILITY- THE“GOOD” • As a public official in Idaho the it is very unlikely that you will ever be personally liable for your actions on behalf of the County as long as your actionsare; • Within “course andscope”. • And not intentional ormalicious.

  18. THE BAD –OTHER CONSEQUENCES • Not everything is financial you maybe: • Disciplined, fired, embarrassed, fined, sent to jail, make the headlines – not in a goodway. • Burden is shifted to supervisors/managers to make sure that employees act appropriately. • No such thing as “I’ll beresponsible”.

  19. Employment ClaimsMost Costly claims area for Counties

  20. LIABILITY FOREMPLOYMENT DECISIONS • NegligentAppointment • NegligentRetention • Negligent Assignment • NegligentEntrustment • Failure toTrain • Failure toDirect • Failure to Supervise

  21. WHAT YOU CANDO! • Have and followpolicy • Personnel policy • Operationspolicies • Hire the bestemployees • Take the time to evaluate/don’t hireproblems • Train them • Expectations and process (formal andOTJ) • Dealing with thepublic • Dealing with co-workers (incl.harassment) • Train on when and how to gethelp

  22. WHAT YOU CAN DO!(CONT) • Provide goodsupervision • Most liability could be avoided by first linesupervisors. • Make sure supervisors are trained andmanaged. • Get rid of those who persist in misconduct/ cannot or will notperform. • Don’t believe the myth that youcannot • (do socarefully)

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