Many members of the school board and other offices are worried that they will be held liable for the decisions they have made.
Many Nevada Public Boards, Councils, and Commissions who are insured by the POOL/PACT insurance policies are starting to ask one very important question. Are we liable for our mandate and if so will our POOL/PACK policy provide us with coverage?
According to the notice some school boards received in Nevada the SB4 protections doesn’t seem to apply to them. It appears that school boards and hospitals do not have this protection. The best defense they have is to claim that they were in substantial compliance with controlling health standards as their sole defense against such claims.
School boards can be held liable for the acts of mandates because they fall outside their scope of public official’s public duties. Nowhere in any state laws or statutes does it give the school board the authority to create and write mandates.
The insurance provider strongly recommend against enacting an ordinance prohibiting compliance with and/or enforcement of any Governors mask mandates.
The insurance company is very clear about their standing on this issue. If a member of the board votes in favor of following these mandate they can be held personally responsible for the liability and the insurance company will not cover these damages. However, if they vote against the mandate and charges are brought up against this individual the insurance company will defend this person.
This is very important to understand the stand that insurance companies are taking on this issue.
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