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General Liability Insurance

What Is Police Protective Liability Insurance?

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Law enforcement officers face several risks on their job. They are often in situations where certain reactions are necessary and allow them to continue serving the community. 


For some time now, there have been increasing protest calls about police brutality against people of color and ethnic minorities. Even though it is for a good reason, sometimes it is used to wrongly accuse a police officer who was just performing their duty. 


To protect themselves from allegations and liability, it is essential for police offers to buy police protective liability insurance. While it protects police officers from getting falsely accused, it also protects the rights of the citizens by increasing and holding accountability of police officers involved in “wrongful” acts. 


This is, of course, of utmost importance, especially after the devastating case of the killing of the unarmed civilian, George Floyd, in Minnesota, where Floyd was arrested and forcefully put down on the ground over suspicions of using a counterfeit bill of $20. Officer Chauvin kept his knee on Floyd’s neck, blocking his air passage and restricting Floyd’s breathing until he died in the same spot because the officer used excessive force, which resulted in wrongful death.


This isn’t always the case, though. Let’s look into the meaning of police protective liability insurance and the type of coverage it offers. 


Police Protective Liability Insurance Meaning 




Police protective insurance is especially for law enforcement officers to protect them from claims of misrepresentation, accusation, negligence, and personal injury liability claims. 


Police officers are ordered by law to use force and other strong actions under certain circumstances. Often, these actions are taken as “wrongful actions,” and police officers get sued despite being in the right to perform their duty. 


Such claims often result in police officers getting sued for millions of dollars. 


In such cases, a police protective liability insurance helps police officers perform their duty with dedication and hard work without stressing about serving with zeal. It also increases their liability in owning their actions. 


Keep reading to see the policy coverage and the advantages of having police protective liability insurance. 



Policy Coverage


The insurance covers 3rd party lawsuits that are filed against police officers for “wrongful acts.” Even during a regular course of legal actions, some acts of police officers are considered ”wrongful.” 


These “wrongful acts” are defined in every state’s law differently, and anyone interested in learning more about liability insurance for police officers should refer to the law of their state. 


Hence,  liability insurance protects officers by covering damage from personal injury, property damage, or bodily injury which may have occurred due to mentioned “wrongful acts.” 


Additionally, if a lawsuit is filed against the police offer, the policy will also help pay the ensued fee. Other than that, the following are some claims that are usually filed against police officers:


  • Civil rights violation
  • Use of excessive force
  • Failure to protect
  • Negligence
  • Unusual punishment
  • Furthermore, the policy is likely to cover:
  • Attorney fee
  • Defense cost
  • Court costs 
  • Settlements


Who Needs Police Protective Liability Insurance?


It is essential to know that liability insurance is not just for providing coverage to police officers. It is a part of professional liability insurance and covers departments, municipalities, and officers. 


However, suppose officers think they need this protection due to their line of work. In that case, it is of utmost importance that they learn about police protective liability insurance and buy the policy. It will give them peace of mind, and they will be able to perform well in their job while also being conscious of their actions and being accountable for them.

 

Police officers sometimes have to make hard decisions because they are bound by the state to do so and hence, should take measures to protect themselves from any false accusations that may affect their career. 



Advantages of Police Protective Liability Insurance


Every police officer should consider getting liability insurance so that they may be able to work stress-free and serve the state without any worry of getting sued. With the rising claims of excessive force and police brutality, officers might feel hesitant to perform their duty and use the course of action required under specific circumstances. Following are some advantages of having a police protective liability insurance: 



Improved Handling of Police Misconduct


Contrary to popular belief, such policies do not take off responsibility from the police officers. Instead, they are held responsible for their actions like misconduct, which will give way for police officers to improve their performance. 


According to research by the Comptroller of the City of New York, 5,601 lawsuits were filed in 2012 against police offers in New York. This indicated a 22% rise in the number of lawsuits filed compared to the previous year when 4,584 lawsuits were filed. 



Increased Civil Litigation Action


US citizens have the right to file lawsuits against an officer who they feel has acted wrongfully toward them. The most common issues that police officers get sued over are failure to intervene, false arrest, or alleged use of excessive force.


However, it has also been seen that those police officers get indemnity from their department most of the time. The police officers are protected from getting sued if the state thinks their actions comply with the course of action they must take in the line of duty.


But action can be taken if it is proved that the police officer acted with malice or in bad faith. 


In this case, the police department must provide legal protection to the officer and must pay all damages for the civil claims. 


This lifts individual liability from the police officers because the state and their department will eventually indemnify them, as proved in 99.98% of civil violation cases against police officers. This, of course, is a shocking number. 


Therefore, police protective liability insurance will make these officers accountable for actions proven against them and will make them liable for paying for their protection. 


Of course, insurers will only be able to profit if the police officers in question remain civil and follow regulations instead of indulging in misconduct with the backing of indemnity and qualified immunity.


Thus, liability insurance will increase the accountability of officers, which further benefits the state and its people by saving the taxpayer's money in indemnity.



Builds Trust Between Police Officers and the Community they Work With


When police officers are made responsible for their actions and held responsibly, the trust between them and the community will grow. 


The people of the state want to see action taken against officers like Derek Chauvin, who was continuously involved in misconduct, ultimately leading to the killing of the unarmed black civilian George Floyd in 2020. If he had police protective liability insurance, he would have been fired and taken off the force before this sad and devastating incident happened. 


You see, police officers are supposed to protect the citizens of the state. They are responsible for maintaining peace in communities. If they instigate violence, people will lose hope and trust in them, which can only lead to anarchy in the state as people take the law into their own hands. 


Thus, if police officers have protective liability insurance and are held accountable by law, this will improve the relationship, especially between the police force and the community of color.



The Final Note


It is important to understand the delicateness of this issue. Police officers go through many situations that require them to act in certain ways that may be classified as “wrongful” acts by civilians. 


At times they are in the right when taking action according to the regulations they are meant to follow. In such cases, police officers must be protected against false allegations of different kinds like alleged excessive use of force, misconduct, or negligence. This is essential to empower them to work with the zeal and dedication expected from a police officer serving the state. 


However, it is equally important to protect the rights of the citizens and hold those officers accountable who truly misconduct and display malice, racism, and discriminatory actions toward civilians, especially people of color and ethnic communities. 


As mentioned earlier, protection liability for police officers will have insurers force the departments to take action against such officers if they are continuously involved in uncalled-for aggressive behavior toward the public, resulting in insurers facing loss in the form of covers. 


Hence, when the public sees justice and accountability for the actions of police officers, the relationship will improve between them and the public – something that we need more of today. 


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Dax Kastrin


Owner of Elemental Risk Management


For over a decade, ERM founder Dax Kastrin has had a passion for providing excellence in the commercial insurance industry.


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