Employment Practices Liability Insurance – Is it Right for Your Business?
on May 1, 2015
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....
According to Hoyle: The Ohio Supreme Court's Elimination of Employers Liability Coverage for Employer Intentional Torts for Some Policyholders
on April 22, 2015
Policyholders and brokers, alike, need to be aware of the Ohio Supreme Court's decision issued last month in Hoyle, because that decision eliminates employers liability coverage for employer intentional torts under R.C. 2745.01 for many, but not necessarily all, policyholders. See Hoyle v. DTJ Ents., Inc., Slip Opinion No. 2015-Ohio-843. The inevitable result of Hoyle is that numerous policyholders have paid substantial premiums for policies which are not worth the paper upon which they are written....
Are Punitive Damages Insurable in Ohio?
on April 15, 2015
To the non-coverage lawyer, a statute might seem to perfectly answer the question. Ohio Revised Code Section 3937.182 plainly states that no insurance policy for automobiles, motor vehicles, casualty, or liability insurance covered by sections 3937.01 through 3937.17 of the Revised Code shall provide coverage for judgments or claims against an insured for punitive or exemplary damages....
It's Complicated – A Real Life Example of a "Simple" Insurance Coverage Claim
on April 3, 2015
The following example is based on a real case. Our client, a health care provider, was sued by a former employee for sexual harassment. The rambling complaint alleged not only the usual employment-related hostile work place, negligent supervision and harassment claims, but it also threw in an allegation that the employee was a patient of the offending supervisor, a doctor....
The left hand takes away: Exclusions to watch for in your Cyber-Risk Policies
on March 25, 2015
Earlier in the year, Alexandra Dattilo warned us that data-breaches may not be covered by the typical commercial general liability (CGL) policy. And, indeed, insurance companies are fighting a two-front war to keep data-breaches out from the coverage provided by CGL policies....
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.
