Legal Question in Real Estate Law in California

Re: do i need my own insurance?

I agree, with the proviso that if the misconduct is clearly outside the course and scope of the employee's duties, the insurer may decline coverage. Insurers are generally cautious not to get stuck in a bad-faith denial of coverage, and if there is any doubt about whether the misconduct was 'course and scope' will go ahead and defend and cover.

Defining what is within the course and scope of employment and what isn't is a very technical point which has been the nucleus of much litigation. An attorney who specializes in civil litigation or employment law (not me) can probably tell, after studying all the facts, with 90%+ certainty whether the facts show "course and scope" or not. One cannot possibly even guess on the basis that it is just "misconduct" being alleged.

Re: do i need my own insurance?

You should be covered. Your actions, as an employee,done in the scope of your employment, are legally your employer's actions.

Re: do i need my own insurance?

Your company should provide a defense for you. If it does not, California law requires that they indemnify you for legal fees incurred in connection with your job. You should discuss this with those responsible for presenting the matter to the insurance carrier.