Excess Liability For State Employees

Certificate of Coverage For State Employees (COC)

The following is an outline of the coverage provided by the Excess Liability Insurance policy and is intended as a general guide only. Specific questions and concerns should be directed to the Public Officers and Employees Liability Insurance Commission.

Excess Liability Policy Overview

The excess liability policy provides coverage for wrongful acts committed by employees in the performance of their job and follows the Defense of State Employees Act.The excess liability policy is administered by the Public Officers and Employees Liability Insurance Commission. Coverage is presently placed with BRIT Global Specialty USA and Kinsale Insurance Company with the following limits summary:

Policy Retention - $1,000,000; follows the Defense of State Employees Act
$2,000,000 per employee
$2,000,000 per occurrence
$10,000,000 annual aggregate

The Policy

The policy is an excess liability policy written on an occurrence basis. It is designed to provide coverage for errors and omissions of employees for losses in the purpose and scope of their position with the state and for losses resulting in bodily injury and property damage. The policy pays judgments in excess of the Defense of State Employees Act ($1,000,000) subject to policy terms, conditions, exclusions, and policy limits.

The policy is not designed to replace insurable coverage that is better provided for under other types of insurance policies (i.e. workers compensation, auto liability, or medical malpractice).

Individuals Covered

All individuals currently employed by and working for the State and covered by the Defense of State Employees Act (i.e.receive a State payroll check and the State withholds taxes and deductions for benefits)
Volunteers
Agents of the State
Individuals previously employed by the State and covered by the Tort Claims Act and the policy during their period of employment with the State.
Individuals employed by the University system, Community Colleges, or Technical Colleges and covered by the Tort Claims Act.

NOTE:

Individuals should contact the personnel office if there is a question concerning their status as a state employee/volunteer/agent.

Independent contractors are not considered employees/agents of the State.

What Is Covered

An occurrence (act or accident) which results in a claim against a state employee, as provided in GS §143-300.2 through GS §143-300.6, unless excluded in the policy or general statutes.

Who Defends

Upon request from a covered individual, the State may provide defense through:

The Attorney General
Employing other counsel
Other authorized insurance that provides defense coverage
Counsel provided by the governmental unit, which employs (ed), the individual

The State, through the Defense of State Employees Act and the excess liability policy, protects, defends and indemnifies employees from legal suits brought against them in the scope and course of their employment.

Tort Claims Presentation by Attorney General's Office, Tort Claims Section. NCDOI RM Workshop

December 4, 2019