HomeMy WebLinkAboutHHSB Legal Liabilities and Defense 04/15/2025HHS Legal Defenses and Insurance
Who defends DSS employees and board members?
1. North Carolina Attorney General when enforcing general Statutes and State
regulations
2. A. County Attorneys Office when enforcing General Statues and State regulations
and AG not defending
B. County Attorneys Office when enforcing local Board rules (such as body piercing,
and prior to enhanced State law, areas like special events, private pools, seafood)
3. Private counsel designated by insurance carrier, perhaps under a reservation of
rights
Insurance Coverages
Employees and Board members have a basic coverage of one million dollars with an
umbrella excess coverage of an additional five million. The policy is with Travelers
Indemnity Company.
Additional Defenses and Payments of Judgments
1. Immunity and legal defenses may exist for an undertaking performed as an official
act in the course of governmental business and activity. Such sovereign immunity
may apply for claims exceeding insurance coverages. Application is determined by
Courts on a case by case basis, and may be only applicable to suits under State law
and potentially not Federal 42 USC 1983 allegations of civil rights deprivations.
2. Under General Statute 160A-167, an employee or board member may request the
County Commissioners pay a judgement secured against them when performing
official duties. The employee or board member must not have acted with fraud,
corruption or actual malice. Judgment payment is deemed a legitimate authorized
use of government monies for a public purpose.