The Insurance Recovery Team advises on, litigates, arbitrates and settles coverage disputes arising from employment-related claims. The Team secures coverage for these claims under the employers’ liability insurance coverage provisions of policyholders’ workers compensation policies and under the newer, more specialized employment practices liability insurance policies. Each type of insurance policy gives rise to different and complex, coverage issues, all of which we handle regularly and proficiently.
The Insurance Recovery Team, for example, has secured coverage for employment-related discrimination claims under an employers’ liability policy, despite a facially applicable exclusion for such claims, by proving that state public policy requires coverage for bodily injury arising from such discrimination. The Team also has secured coverage under an employment practices policy, despite the policyholder’s notice of the claim more than one year after the policy expired by showing that the insurance company could not prove appreciable prejudice arising from the allegedly late notice. The Insurance Recovery Team, under both kinds of policies, successfully represented one of the world’s largest financial services firms in securing coverage for losses arising from a class action settlement of hundreds of employment discrimination claims. We also have substantial experience with issues arising under workers’ compensation policies and their relationship to other types of insurance.