Archives: Employment Practices Liability

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A Further Extension Of Coverage For Intentional Acts

Following the June 4, 2018 landmark decision by the California Supreme Court in Liberty Surplus Insurance Corporation v. Ledesma & Meyer Construction Company, 5 Cal. 5th 216 (2018), the insurance industry is not taking the decision to heart—but rather continuing to wage war on their insureds to avoid paying claims for unintended injuries, when caused … Continue Reading

Renewal Notices Must Warn of Major Changes in Coverage

California Insurance Code §678 provides as to personal lines policies (such as homeowners, auto or personal liability): “(a) At least 45 days prior to policy expiration, an insurer shall deliver to the named insured…(1) an offer of renewal of the policy contingent upon payment of premium…stating…(A) Any reduction of limits or elimination of coverage…” Insurance … Continue Reading

Liability Insurer Tries to Dodge Coverage Hiding Behind The Employee Exclusion

Not long ago an owner of a four-unit apartment building, fully insured with a Landlord/Tenants package policy and Umbrella coverage, tendered an injury lawsuit to his insurance company. The insured had hired a roofer to replace the roof. The roofer hired a worker to help and the worker fell from the roof just hours into … Continue Reading

The Scope of Commercial General Liability Policies Continues to Shrink

Watch out for those Employment Practice Liability “EPL” exclusions.  The courts have routinely upheld these exclusions now explicitly added to both the Coverage A (bodily injury and property damage) and the Coverage B (personal and advertising injury) parts of the Commercial General Liability “CGL” policy.  A recent decision out of the Second Appellate District, Davler … Continue Reading

Upcoming Presentation on Employment Practices Insurance at Annual SHRM Conference

Throughout my career I’ve represented many employers regarding a wide range of claims and insurance coverage issues.  I was initially asked by some insurance providers to assist in drafting some of the first Employment Practices Insurance ("EPL") forms.  Since then I have assisted policyholders both in acquiring the most comprehensive insurance and when claims do arise, … Continue Reading

A Ray of Good News

We all need a piece of good news in the midst of the financial markets’ gloom. It should therefore be welcome information that the California Insurance Commissioner, Dave Jones, issued a press release today that puts Standard & Poor’s downgrade of “certain insurers” credit ratings into context. S&P downgraded many insurance companies’ credit ratings from … Continue Reading