Commercial General Liability (CGL) insurance often include an “Employee Benefits Liability Coverage” endorsement (see, e.g., ISO CG 04 35 03 05). The endorsement grants coverage for damages attributable to any negligent act, error, or omission in the “administration” of an “employee benefit program.” The coverage under this endorsement is similar to, Read More
The Fair Credit Reporting Act, 15 U.S.C. §§ 1681, et seq. (FCRA), may barely sneak into a top ten list of federal labor and employment laws. Competing with such stalwarts as Title VII, ADEA, ADA, § 1981, FMLA, FLSA, NLRA, and OSHA, the FCRA might make the list because it regulates Read More
On Monday, April 29, 2019, the Eighth Circuit ruled that the “total pollution exclusion” (CG 21 49 or similar) to a CGL insurance policy eliminated coverage for claims against a policyholder that supplied a contaminated ingredient incorporated in livestock feed. See Restaurant Recycling, LLC v. Employer Mutual Casualty Co., No. Read More
Most commercial policyholders have some understanding of Fiduciary Liability Insurance, which covers the sponsors and fiduciaries of employee benefit plans against ERISA and similar state law claims. In addition to liability insurance coverage, these policies often provide first-party coverage for certain attorneys’ fees, and IRS fines and penalties associated with Read More
Sometimes a client/in-house lawyer will call, uneasy with a legal project. Perhaps the lawyer has been asked to give aggressive advice, represent the company in a high stakes deal, or to handle a type of matter with which they have no experience. Ultimately, the lawyer will ask whether their company’s Read More
