News & Analysis as of

Policy Exclusions Employment Litigation

Phelps Dunbar

Abuse or Molestation Exclusion Bars Coverage for Sexual Assault of Insured’s Employee While Employment Exclusions Do Not

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The U.S. District Court for the Southern District of Georgia recently ruled that an insurer must provide coverage to its insured with respect to a civil lawsuit involving allegations of sexual assault. The case, BOJ OF WNC,...more

Carlton Fields

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

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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

Carlton Fields

California Appellate Court Agrees Marijuana Delivery Driver’s Accident Not Covered Under Personal Auto Policy

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A California Court of Appeals decision brought one auto policyholder decidedly down from “cloud nine” in Murphy v. AAA Auto Insurance of Southern California, which found no coverage over a cannabis delivery service employee’s...more

Wiley Rein LLP

Court Holds that Contract Exclusion in EPL Policy Does Not Preclude Duty to Defend When Some Allegations Extend Beyond Employment...

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Applying Indiana state law, the Indiana Court of Appeals has held that a breach of contract exclusion did not preclude a duty to defend under an employment practices liability policy because some of the underlying allegations...more

Laner Muchin, Ltd.

Eleventh Circuit Finds Gender-Affirming Surgery Exclusion in Governmental Employer’s Health Plan Violated Title VII

Laner Muchin, Ltd. on

held that a governmental employer’s health plan violated Title VII by applying an exclusion for services and supplies associated with gender reassignment surgery. The Court relied on the Supreme Court’s decision in Bostock v....more

Wiley Rein LLP

Breach of Contract Exclusion Bars Coverage for Judgment Rendered in Employment Dispute

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The United States District Court for the Eastern District of Louisiana, applying Louisiana law, has held that an insurer does not need to cover a monetary judgment rendered in favor of two former employees of the insured...more

Steptoe & Johnson PLLC

Steptoe & Johnson's First Look Winter 2018 Insurance Newsletter

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Employers face liability in a variety of contexts; however, commercial general liability (“CGL”) policies “generally exclude coverage for injury to an employee ‘arising out of and in the course of’ the employment.” In...more

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