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Employers Liability Coverage: Exploring Coverage for Employee Tort Claims Alleging That Injury Was 'Substantially Certain'
When an employee is injured on the job, the claim is usually handled through the Workers' Compensation system. Indeed, it is relatively rare for a worker, even one who has been seriously injured, to sue his or her employer in tort because of the 'exclusive remedy' feature of most Workers' Compensation Acts. That feature, also known as the 'Workers' Compensation bar,' directs all such claims to the compensation system unless an enumerated exception applies. Nonetheless, because there are such exceptions, employers frequently purchase 'Workers' Compensation/Employers Liability' ('WC/EL') policies, which provide insurance not only for claims brought through Workers' Compensation but also for claims brought in the civil court system.
This article addresses a recurring issue under the Employers Liability coverage of WC/EL policies, namely, whether the insurer is obligated to defend and, if necessary, indemnify the policyholder/employer when an injured employee (or the estate of an employee killed on the job) sues the employer alleging that the exclusive remedy provision does not apply because the employer acted knowing that injury to the employee was 'substantially certain.' The issue has been litigated for years, and was addressed anew as recently as early December, when the New Jersey Supreme Court handed down unanimous decisions in two cases, Charles Beseler Co. v. O'Gorman & Young, Inc., No. A-75-05, 2006 N.J. LEXIS 1658 (Dec. 4, 2006), and New Jersey Manufacturers Insurance Co. v. Delta Plastics Corp., No. A-87-05, 2006 N.J. LEXIS 1659 (Dec. 4, 2006). The weight of authority (including the recent New Jersey Supreme Court decisions) and the better reasoning favor a finding of coverage.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?