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Firefighters Need Change in Law

July 24, 2010
The Intelligencer

A threat by some volunteer firefighters in West Virginia to stop responding to emergencies may sound irresponsible, at first glance. In reality, it may be simply to keep themselves from getting burned badly - in court.

Representatives of some volunteer departments gathered in Charleston this week to call attention to a major new problem. Unless it is resolved, they may have no choice but to refuse to fight fires, they said.

Volunteer fire companies throughout West Virginia have been provided with "broad form" liability insurance by the BrickStreet Mutual Insurance Co. But BrickStreet has announced it will stop providing such coverage after Sept. 1. Other companies also are unwilling to provide the policies, according to the State Fireman's Association.

"Broad form" liability policies cover officers and board members of volunteer fire companies. They protect officials against lawsuits by firefighters who are injured in the line of duty. Clearly, a volunteer fire company chief without such protection would have to be a fool to command members of his unit to enter a burning building.

Apparently, the insurance companies' concern is state law on volunteer firefighters' liability. Changing the law to provide some protection against lawsuits for volunteer fire company officers - similar to the safeguards provided for civilians in "good Samaritan" situations - probably would encourage insurance firms to provide the necessary "broad form" policies.

The vast majority of West Virginians are served by volunteer fire companies, not paid departments. Loss of such protection would be a disaster of monumental proportions.

Gov. Joe Manchin and state legislators should act as soon as possible to address the problem. If that can be done through a minor change in the law, such an amendment should be enacted.