READ THE CASE: Ohio Govt. Risk Mgt. Plan v. Harrison
Decided: September 27, 2007
INSURANCE - DUTY TO DEFEND - EQUAL PROTECTION - HOSTILE WORK ENVIRONMENT - RIGHT TO PRIVACY CLAIMS - SEX DISCRIMINATION - ALLEGATIONS POTENTIALLY OR ARGUABLY WITHIN INSURANCE COVERAGE - COVERED
Federal action alleging individual claims, as well as claims in official capacity against Chief of Police for (1) denial of equal protection by creating a hostile work environment; (2) violation of right to privacy; (3) R.C. 4112.02 sex discrimination; (4) common law invasion of privacy; (5) common law intentional infliction of emotional distress. ("The Federal Case")
The Chief's and the Police Department's insurer was Government Risk Management Plan ("The Plan"). A Declaratory Judgment action ensued to determine the rights, if any, of the Chief to insurance coverage under The Plan for The Federal Case.
The Ohio Supreme Court held that: "The issuer of a law-enforcement liability insurance policy has a duty to defend its insured against an action ... [containing] allegations ... that could arguably be considered covered by the policy." Further, The Plan agreed to defend against any such claims, regardless of whether they were groundless, false or fraudulent. Finally, the Court recognized that The Plan covered the Chief as an "insured" as long as he was "acting on behalf of or in the interests of" the Police Department. The use of the word "or" was disjunctive allowing coverage if the Chief was acting on behalf of the City, even if such actions were not in the interests of the City.
The Ohio Supreme Court held inter alia that since the allegations against the Chief were potentially within his official capacity or committed under color of state law, The Plan was obligated to provide a defense against the Federal Case.
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