News & Analysis as of

Employer Liability Issues Negligence Policy Terms

Maynard Nexsen

Decisions Expand Scope of Business Owners’ Policy Exclusion

Maynard Nexsen on

In the age where cling wrap doesn’t cling and “shrinkflation” is a necessary portmanteau, it’s rare to get more. This is especially true for insurers, whose policies are construed against them when ambiguous, and...more

Zelle  LLP

“With a Gap in the Pleadings and Extrinsic Evidence Unavailable,” the Insurer has a Duty to Defend

Zelle LLP on

On December 11, 2024, the United States District Court for the Southern District of Texas refused to allow extrinsic evidence under the Monroe conditions where plaintiff’s employment status and the merits of the case...more

Ervin Cohen & Jessup LLP

Negligent Retention, Hiring Rulings Show Importance of Policy Language

Where an employee of a company commits an intentional act, such as a battery or sexual molestation, the managers of that company are often named as defendants on a theory of “negligent supervision”, “negligent retention” or...more

Carlton Fields

‘Me Too’ Coverage Implications For Employers

Carlton Fields on

When an employer negligently supervises an employee who commits separate acts of sexual harassment against three different co-workers on separate occasions, how many “occurrences” are there under a standard commercial general...more

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