Fraternal Order of Police: Newark, Lodge No. 12

Legal Defense Agreement

To Report A Covered Incident

Contact: Fusco and Macaluso, P.A.
Phone (973) 779-1163
Fax (973) 779-5437

Legal Defense Agreement

The FOP Legal Defense Agreement applies to criminal, civil, and administrative proceedings arising from law enforcement duty related activities.

LDA provides unlimited benefits per covered incident for the defense of duty-related criminal, civil and administrative matters. Benefits include unlimited legal fees, court costs, transcript fees and other miscellaneous costs regarding the matter. Every administrative charge is covered with no exclusions.

Counsel of Record

Fusco and Macaluso, P.A. Attorneys at Law will represent all covered FOP members for incidents as set forth in the Legal Defense Agreement.

Covered Incidents

All duty-related incidents are covered: on duty, off duty, part-time.

Duty-related refers to actions of the individual while performing his or her duties as a law enforcement officer. This includes the protection of persons or property from illegal acts while the Officer is technically off-duty or working part time. Incidents are actual or alleged acts or omissions to which the Agreement applies Incidents which occurred prior to enrollment are covered if the Officer first had notice of a legal proceeding offer the effective date of his or her enrollment in this Defense Agreement and Fusco and Macaluso, P.A. or F.O.P. N.J. State Lodge were notified during the Agreement period.

Annual Cost Per Member

Negotiated Fee
F.O.P. Lodges with 100% Participation
Annual Fee of $103.00 per member

Voluntary Fee
All other F.O.P. members in the State of NJ Annual Fee of $136.00 per member

Comparison Chart	PATROLMEN'S BENEVOLENT ASSOCIATION (PBA)	FRATERNAL ORDER OF POLICE (FOP)
DEPARTMENTAL/DISCIPLINE
Departmental Charges On-Duty	PBA-LLP $15,000.00 cap	FOP-LLA Covered (No Cap or Deductibles)
Departmental Charges Off-Duty (with the scope of duty)	$100 Deductible	Covered (No Cap or Deductibles)
Expert Witnesses (i.e. private detective polygraph, etc)	Caps and Deductibles apply	Covered (No Cap or Deductibles)
Choice of Attorney	Limited-Coverage	Covered (No Cap or Deductibles)
State Correction Officers	Not Covered	Covered (No Cap or Deductibles)
CRIMINAL/CIVIL
Civil Actions (Scope of Employment)	$25,000.00 Cap	Coverage Unlimited (No Caps or Deductibles)
Criminal Complaint (Scope of Employment)	$250.00 Deductible	Coverage Unlimited (No Caps or Deductibles)
Target of a Criminal Investigation	$250.00 Deductible	Coverage Unlimited (No Caps or Deductibles)
Express Witnesses (i.e. private detective polygraph, etc.)	$250.00 Deductible	Coverage Unlimited (No Caps or Deductibles)
Out-Of-State Coverage	Excluded	Covered, NJ/NY/PA
Moonlighting Coverage (Additional Cost)	Yes	Included at no extra cost
Must Use Other Insurance (Additional Cost for Extended)	Yes	Included at no extra cost
Supplement Reporting Period	Yes	Included at no extra cost
ARREST
On/Off Duty Immeditate Response by Attorney	None	Yes
PREMIUM
Annual Cost	$175.00/yr (Options are additional cost)	$103.00/yr (Options are no additional cost)
EDUCATIONAL SERVICES
	None	FREE Annual Labor Seminars
STATE NEWSPAPER
	None	FREE Monthly and Quarterly Newspapers

Exclusives

This agreement does not apply to the following:

1) Any actual or alleged act or omission that is NON DUTY-RELATED.

2) In Civil Actions, any actual or alleged act or omission arising out of ownership, maintenance, operation, use loading or unloading of any vehicle, watercraft or aircraft, except that this exclusion shall not apply to allegations of intentional wrong doing.

3) The cost of bail bonds, appeal bonds or other bonds.

4) Payment of any monetary judgments, awards, settlements, fines or penalties of any kind.

5) Any incidents occurring prior to the effective date of this Agreement if the Officer at the effective date knew or could reasonably have foreseen that such incident might be the basis of a suit, proceeding or action.

6) Arbitrator fees.

7) Non-FOP members.

8) Labor Grievances.

9) If you leave the plan and seek outside counsel, YOU are responsible for payment to said counsel. The plan will not cover you or your counsel.

Conditions

Eligibility
Active law enforcement officers in good standing are eligible. Since this Agreement applies to duty-related incidents, retired members are not eligible.

Obligations by Other Entities
This Agreement is not intended to supersede any other obligation by the State, County and/or Local Municipalities to supply defense costs and/or indemnification to law enforcement officers pursuant to applicable statues and/or contracts but merely supplements same.