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You are here: Home / Archives for Employment Practices Liability

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

April 11, 2025 by Oliver Phillipson

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 that the umbrella policy’s employer’s liability exclusion applied to preclude coverage for bodily injury claims made against Exxon given its status as a “statutory employer” of the injured claimants. Brock Services contracted with Exxon to provide ... Keep Reading »

Ninth Circuit Adopts General Rule Regarding Circumstances in Which Excess Insurers May Dispute Exhaustion of Underlying Insurance

November 13, 2020 by Alex B. Silverman

Addressing an issue of first impression, the Ninth Circuit recently adopted a general rule that will sharply limit the ability of excess insurers to second-guess payment decisions made by lower-level insurers. Subject to limited exceptions, the court concluded that an excess carrier generally cannot challenge decisions underlying insurers made with respect to earlier, unrelated claims, as a basis for arguing that its own layer of coverage has not yet been reached.  AXIS ... Keep Reading »

‘Me Too’ Coverage Implications for Employers

March 9, 2018 by Jillian Orticelli

Sexual Harassment Complaint Form

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 liability policy? The Northern District of Ohio, Eastern Division, considered this question in Scott Fetzer Co. v. Zurich Am. Ins. Co., No. 16 CV 1570 (N.D. Ohio Dec. 18, 2017), and concluded that the answer is three. Three Times the Harassment In ... Keep Reading »

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Recent Articles

  • Tenth Circuit Interprets Excess Policy’s Definition of “Medical Incident” as Applying to the Injuries of One Single Person
  • Divided Ninth Circuit Finds Claimant’s Failure to Provide Medical Records Insulates Insurer From Bad Faith Failure to Settle
  • Eighth Circuit Finds No Coverage Under “Ensuing Loss” Provision Under Arkansas Law

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