In the past week an Uber driver in Kalamazoo, Michigan went on a shooting rampage between picking up customers. It is not farfetched to believe that at some point Uber may be the target of lawsuits filed by the estates of the various decedents for the actions of its driver. While it may seem like a stretch, when an employee's intentional actions – or in the case of Uber, arguably an independent contractor – causes bodily injury or property damage, those intentional actions may give rise to negligent hiring or retention claims....
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The May 1, 2015 edition of Coverage Counselor discussed Employment Practices Liability Insurance ("EPLI") – what it is and what types of claims are covered. While policies vary, typically EPLI covers employers and its employees against claims of discrimination and harassment based upon protected class status; retaliation and wrongful termination based upon protected class status; other common law claims arising out of the employment relationship, including defamation, false imprisonment and negligent supervision....
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In a recent edition of Coverage Counselor my colleague, Keven Drummond Eiber, discussed the interplay between Employment Practices Liability Insurance ("EPLI") and a medical malpractice policy. The article outlined the details of professional liability coverage in a real life situation where a former employee alleged sexual harassment against her supervisor, a doctor, and professional liability claims because the former employee was also a patient of the doctor. In that case, because of specific language in the competing policies, the medical malpractice insurer agreed to defend and indemnify even though the crux of the suit involved claims against the employer that arose out of the employment relationship....
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This Blog is intended to provide information generally and to identify general legal requirements. It is not intended as a form of, or as a substitute for legal advice. Such advice should always come from in-house or retained counsel. Moreover, if this Blog in any way seems to contradict advice of counsel, counsel's opinion should control over anything written herein. No attorney client relationship is created or implied by this Blog. © 2024 Brouse McDowell. All rights reserved.