Liability

Liability

Peter J. McGrath

As a small suburban community fire department, we have our share of issues and concerns, as we respond to an average of 1,300 fire calls annually. As a department, we have perceived a potential legal issue that most likely can be circumvented via an insurance policy. Through our limited local resources, neither the legal profession nor the insurance industry has fully responded to this issue for us.

Case in point: Do fire officers of a corporation, in a community that is self-insured, require liability insurance coverage on their duties to protect their personal possessions from being consumed in lengthy legal litigation from one of the corporation`s customers?

Policies for fire officers` “errors and omissions” most likely are available in the marketplace. However, are we alone in seeing this need to protect those who serve–“to protect”? How widespread is the concern for this coverage among fire departments? What major insurance carriers offer this coverage? Who sets the minimum standards for a fire officer to be covered in such a policy? When, if at all, does the fire officer`s education and experience levels preclude the need for such coverage? If a probationary firefighter is used past his abilities, as defined by statutes, is the fire officer at risk for not being aware that the probationary firefighter is acting beyond trained skill levels?

Address any comments, suggestions, resource information, or experience on the issue of “errors and omissions” or these related questions to: Captain Peter J. McGrath, South Plainfield Volunteer Fire Department, 123 Maple Avenue, South Plainfield, NJ 07080.

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