Liability Coverage for Police K-9s

OMAG’s liability coverage extends to the actions of a Police K9 in most cases. Liability coverage applies to losses that are not expected or intended (i.e. an accident). If a loss could be the expected or intended result of an intentional action by an Officer (i.e. using the K9), then the loss only qualifies for coverage if the use of the K9 was for the purpose of protecting persons or property from some imminent threat.

Injuries resulting from a K9 bite are typically covered because the bite was either accidental or was the result of an intentional K9 deployment to apprehend a suspect. Intentional deployments will qualify for liability coverage so long as they are justified by a need to apprehend a suspect who is a threat to persons or property.

A Police K9 can also cause damage to property when deployed for drug detection purposes. In those cases, coverage turns on how the K9 was trained to alert to the presence of narcotics. K9s trained to passively alert would not be expected to cause damage to property when they alert and, therefore, qualify for coverage. By contrast, when a K9 is trained to actively alert, it can be expected that their alert could result in damage to property (most often: scratching paint on a vehicle). In those cases, the property damage would not typically qualify for coverage because, at the time the K9 is deployed, there are typically not facts establishing a present threat of injury to persons or property.

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