Ohio Government Risk Management Plan v. Harrison

The Court held that alleged 13 by police chief was not outside the scope of his employment; therefore the insurer owed the police chief a duty to defend him in a lawsuit brought by a former employee alleging 13. Plaintiff alleged that defendant used the department’s computer system to distribute pornographic images and emails and also used hidden electronic devices to record female employees in the restroom. Plaintiff filed a five-count complaint that included claims for hostile work environment due to her gender and a sex-discrimination claim. She sued him in his individual and official capacity, arguing that he acted in his official capacity as chief of police. At the time, the Ohio Government Risk Management Plan provided liability insurance coverage to Harrison, the police chief. It filed a declaratory judgment action seeking a declaration that it had no duty to provide coverage or a defense to Harrison. The court held that whether acts fall within the scope of employment will vary from case to case; however, the court would not find that 13 always lies outside the scope of employment. Whether or not acts occurred within the scope of employment “turns on the fact-finder’s perception of whether the supervisor acted, or believed himself to have acted, at least in part, in his employer’s interests.” The Court also examined the language of the policy and held that the insurer had a duty to defend.