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Court Upholds Eroding Defense Expense Provision; ERISA Exclusion Bars Coverage for Constitutional and Statutory Civil Rights Claims
Wiley Rein LLP Link to more items from this source
Mar. 31, 2017

"A number of underlying lawsuits were brought against the insured alleging that it underfunded its retirement plan and trust. The suits alleged beaches of contract and fiduciary duty, as well as violations of the Mississippi and United States constitutions and 42 U.S.C. Section 1983. The insurer defended the insured under a reservation of rights. The insurer then filed an action seeking a declaration that defense costs were included in the limit of liability and that no coverage existed under the EPL coverage part due to the Employee Benefits Law Exclusion.... On appeal, the Fifth Circuit recognized that defense costs erode the limit of liability under the plain language of the policy.... The court further held that the Employee Benefit Law Exclusion barred coverage for claims not only under ERISA and related laws but also based on federal and state constitutions and statutes, including Section 1983 claims." [Federal Ins. Co. v. Singing River Health Sys., No. 15-60876 (5th Cir. Mar. 1, 2017)]

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