Civil claim coverage is in excess. In cases where the Department has assigned counsel, including representation by the Virginia Attorney General, or is only a nominal party to the claim and is actively and adequately represented by such, coverage is in excess.

Excess coverage means that Association counsel will not actively participate in the litigation and will monitor the claim by reviewing documentation, as necessary, and per the member’s request. If the member is dissatisfied with the Department representation, he or she may request to be actively represented by Association counsel. A change in excess coverage requires a majority vote of the Board.

Exclusions- The use of paid experts is not available for civil benefits, unless approved by a majority vote of the Board. Civil claim coverage does not include appeals, interlocutory or final, cross-claims, or counter-claims unless upon the majority vote of the Board.