Attorney Vaccination Status Becomes Subject of Investigation, Court Must Decide if Insurance Should Cover the Defense
Monday, July 17th, 2023 Liability LitigationTheodore Cooperstein worked as an assistant United States attorney in the Southern District of Mississippi. Part of his job was to appear in federal court as counsel for the government, and as such, he was insured under a federal employee professional liability policy.
This policy would cover costs to defend against judicial sanctions and/or disciplinary proceedings should they arise out of alleged misconduct caused by Cooperstein while on the job.
During the timeframe of June 2021 and October 2021, Cooperstein appeared in federal court as counsel on four separate occasions.
Cooperstein was asked each time whether he was vaccinated against COVID-19. Here are his answers: The first instance, Cooperstein nodded his head in affirmation; the second occasion, he was recorded as stating he was vaccinated; thirdly, he answered ‘Yes, sir;’ and finally, he responded that he was not vaccinated but had instead applied for an exemption from the vaccine requirement.
