Employment Exclusion Effectgive

0
4Кб

Employment Exclusion Effective

Read the full article at https://lnkd.in/gUayvNyF and see the full video at https://lnkd.in/gH4cKCap and at https://lnkd.in/gQucYGNi and at https://zalma.com/blog plus more than 4400 posts.

Worker's Death Not Covered by E & O Policy

To compel coverage under an errors and omissions policy, Roadway Services, Inc. sued its insurer, Travelers Casualty and Surety Company of America seeking defense of a wrongful death case claiming Roadway failed to provide a safe place to work for the decedent. Travelers argued it has no duty to cover Roadway's claim because of clear and unambiguous exclusions.

In Roadway Services, Inc. v. Travelers Casualty And Surety Company Of America, No. 22-3337, United States Court of Appeals, Sixth Circuit (December 29, 2022) the Sixth Circuit resolved the dispute.

FACTS

In 2018, a driver struck and killed a Roadway employee while he was on the job. His widow sued Roadway for wrongful death, alleging it failed to maintain safe working conditions. Roadway did not seek coverage under its employment-liability insurance contract. Instead, it asked Travelers to pay for its defense out of a directors-and-officers insurance contract. Travelers refused, citing an exclusion in the policy. Roadway sued to compel coverage. Both parties moved for summary judgment and the District Court, finding the policy ambiguous, ruled for Roadway. Travelers appealed.

THE INSURANCE POLICY

Under Ohio law an insurance policy is generally interpreted like any other contract. Travelers "will not be liable for loss for any claim . . . based upon or arising out of any employment related wrongful act."

ANALYSIS

The exclusion bars Roadway's claim since the parties agree the suit qualifies as an employment-related wrongful act. The district court's judgment was, therefore, reversed, and the case was remanded with instructions to enter judgment for Travelers on the coverage claim.

ZALMA OPINION

When an employee dies on the job the exclusive remedy available to the heirs is the workers' compensation system. To gain a larger recovery the decedent's spouse filed a wrongful death action claiming the employer was negligent for failing to provide the decedent with a safe place to work. Roadway had employers liability insurance but chose to claim against an E&O policy only to find that a clear and unambiguous exclusion defeated their claim.

(c) 2023 Barry Zalma & ClaimSchool, Inc.

Subscribe and receive videos limited to subscribers of Excellence in Claims Handling at locals.com https://lnkd.in/gfFKUaTf.

Go to substack at https://lnkd.in/gEEnV7Dd Consider subscribing to my publications at substack at https://lnkd.in/gEEnV7Dd

Barry Zalma, Esq., CFE, is available at http://www.zalma.com and [email protected].

Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://lnkd.in/gV9QJYH; Go to the Insurance Claims Library – https://lnkd.in/gWVSBde

Спонсоры

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Поиск
Категории
Больше
Другое
Construction Contract Controls Over "Other Insurance" Clause in Policy
Insurer Must Defend and Indemnify Insured Because of Indemnity Agreement in Construction...
От Barry Zalma 2021-10-12 12:50:55 0 13Кб
Другое
The Adjuster and Underwriting
A Video Explaining The Adjuster’s Obligation to the Insurer’s Underwriters Read the...
От Barry Zalma 2021-08-12 12:35:27 0 3Кб
Другое
It is Insulting to Appeal After Pleading Guilty and Receiving Non-Custodial Probation
Insurance Fraud is is Inimical to Public Safety, Welfare and Order Read the full article at...
От Barry Zalma 2021-04-28 12:41:46 0 4Кб
Politically Incorrect
Constitutional Duty
Volunteer for your State Militia and enforce Constitutional Law by acting under the Articles of...
От Ron Patton 2020-10-17 13:01:58 0 4Кб