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How to Trigger Liability Insurance Coverage for an ERISA Claim of Independent Contractor Misclassification
Stephen Rosenberg, The Wagner Law Group
June 12, 2014 "[T]he ERISA claim itself did not require any type of intentional misconduct, which is basically true across the board with most types of ERISA claims, and [the Court] held that the insurer therefore could not deny coverage for the ERISA claim based on an exclusion for dishonest or malicious acts. The Court found that the ERISA claim could, in essence, simply be a claim for negligent conduct ... and thus the insurer could not deny a defense to the insured based on such an exclusion, which would not reach a claim of negligence." [Euchner-USA Inc. v. Hartford Casualty Ins. Co., No. 13-2021-cv (2d Cir. June 10, 2014)] MORE >> |
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