Former Washington Recruit Accused in Noose Incident Now Sued by Fire Department’s Insurer

A former recruit firefighter who resigned after being accused of placing a noose around the neck of an African American colleague, is now being sued by the insurance company for the fire department. The former Clark County Fire District 6 recruit, John Erickson, was sued by the victim of the racist assault, Elijah Page. In addition to that suit, Erickson is now being sued by the National Union Fire Insurance Company.

The basis for National Union’s suit has to do with a rather advanced insurance-law issue, but should stand as a warning to personnel who engage in outrageous conduct. Following the noose incident in June 2022, Page filed suit against the Erickson, the fire district, and several officers alleging race discrimination, hostile work environment, a violation of the First Amendment, obstruction of justice, conspiracy, hate crime, battery, state law discrimination, wrongful discharge, outrage, negligent infliction of emotional distress, negligent training, and negligent supervision.

National Union, as the fire district’s insurer, agreed to defend the district for Page’s suit. With regard to the individual employees, the insurer agreed to cover them to the extent they acted within the scope of their employment. In Erickson’s case, the insurer agreed to provide him with a defense attorney under a reservation of rights. The terms of that reservation of rights were explained in the National Union’s complaint as follows:

• “National Union reserves the right to limit, deny or withdraw coverage on the basis that you do not qualify as an insured because your alleged acts do not appear to be within the scope and course of your employment or authorized duties.”
• On August 12, 2024, National Union sent an updated reservation of rights letter to Erickson, which explicitly reserved its right to reimbursement for defense costs incurred on Erickson’s behalf in the Lawsuit beginning the next day.

Earlier this year, the fire district filed a motion to dismiss in Page’s suit alleging that it could not be held vicariously liable for Erickson’s actions because he acted outside the scope of his employment when he placed the noose around Page’s. The court agreed, dismissing the fire district from the suit. That in turn prompted National Union to file suit against Erickson seeking (1) a declaratory judgment ruling that it has no responsibility to continue to defend him in Page’s lawsuit because his behavior was outside the scope of his employment; and (2) a claim for reimbursement of its expenses of defending Erickson.

Here is a copy of the complaint: