MICHAEL EASTER v. JOHN DOE CRIMINAL: THE IMPORTANCE OF UNINSURED MOTORIST COVERAGE FOR PUBLIC SAFETY OFFICERS
By David P. Mastagni and Michael Easter

On March 11, 2004, Roseville Police Department narcotics detective Michael Easter was called by a local retailer regarding suspicious activity on the premises. When he arrived, "John Doe Criminal" attempted to escape by driving his car into Officer Easter, injuring the detective’s legs.

John Doe Criminal did not have insurance and California law prohibits insurance against intentional conduct. Officer Easter brought an action against his own uninsured motorist carrier. The carrier claimed it could not be required to insure against intentional conduct.

Once we sued, and before the court could hear a declaratory relief action on the issue, Officer Easter’s insurance company agreed the intentional criminal acts of John Doe were not the same as the intentional acts of an insured excluded from coverage. Officer Easter entered into a sizeable confidential settlement with his insurance company.

Law enforcement officers are required to operate department vehicles at times and under circumstances where there is a high risk of injury from the criminal acts of suspects operating their own vehicles, stolen vehicles, or other uninsured vehicles. Most insurance companies undersell uninsured/underinsured motorist (UM) coverage to police personnel despite the obvious need for such coverage. Even in cases where your own insurance company sells you a $1 million umbrella policy, your policy requires a special endorsement before a claim can reach your uninsured/underinsured motorist coverage.

Uninsured/underinsured motorist (UM) coverage is critically important to law enforcement officers so that they may protect themselves and their families. In most circumstances, your insurance company will undersell uninsured/underinsured motorist coverage and assert any defenses available, including intentional conduct, when you tender a claim.

In Officer Easter's case, John Doe Criminal was convicted of attempted murder of a peace officer, an act constituting an "accident" for purposes of the officer’s uninsured motorist coverage.

Michael Easter is a veteran police officer with the City of Roseville. He began his police career in 1998 and is currently a narcotics detective. Mike would be more than happy to explain how to obtain uninsured/underinsured motorist coverage and the importance of such coverage to public safety officers and their families. For any further questions or advice, Officer Easter can be reached at the Roseville Police Department at (916) 774-5400.

David P. Mastagni has practiced personal injury law and police labor law since 1973. He is the senior managing partner of Mastagni, Holstedt, Amick, Miller, Johnsen & Uhrhammer. MHAMJU is trust counsel to the PORAC Insurance and Benefits Trust and the I & B Committee. David P. Mastagni may be reached at (916) 446-4692 or (800) 852-7581. He will be pleased to explain how to obtain uninsured/underinsured motorist coverage with high policy limits.