Employer Liability Issues, Employees, Insurance Claims

NC Court of Appeals Clarifies How Insurers’ Duties to Defend and Indemnity Are Triggered in Atypical Employment Relationships

Spilman Thomas & Battle, PLLC on 6/16/2025

The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more

Understanding the Impact on Employers of West Virginia’s Formal Recognition of Negligent Supervision Claims

Steptoe & Johnson PLLC on 6/3/2025

In a recent important decision, the Supreme Court of Appeals of West Virginia formally recognized that a third party can sue an employer for negligent supervision of an employee, even if the employee’s intentional or reckless...more

Third Circuit Holds Harassment Exclusion Bars Coverage for Sexual Assault Suit Under Pennsylvania Law

Carlton Fields on 5/19/2025

In Rice Enterprises LLC v. RSUI Indemnity Co., the Third Circuit Court of Appeals affirmed the district court’s finding that the insured was not entitled to coverage from its employer’s liability insurer or its umbrella...more

Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

Carlton Fields on 4/14/2025

On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found...more

Refresher: Parking Lot Liability and Ability to Recover Workers’ Compensation Liens in New Jersey

Goldberg Segalla on 2/25/2025

As the winter months roll on and snow and ice continue to cover the asphalt and concrete, it is helpful to remind ourselves about the state of the law with regard to employee injuries that result from falling down in parking...more

The Role of Forensic Accountants in Measuring and Detecting Fraud in Employee Loss Claims

J.S. Held on 9/29/2022

Insurance claims for employee losses are generally examined by insurance carriers. The carrier will often retain a forensic accountant who has the ability to measure employee losses. Employee losses are typically categorized...more