Well, how can I not comment on this, given the focus of both this blog and my practice? The Second Circuit was just presented with the question of whether an insurer has to provide a defense to a company and its officer, under the employee benefits liability portion of a policy, for an ERISA claim
Employment Practices Liability Insurance
Insurance Coverage for Disgorgement or other Equitable Remedies
You say disgorgement, I say damages. Sorry, I couldn’t, try as I might, make that fit into the old lyric “you say tomato, I say tomahto, lets call the whole thing off,” but the sentiment fits. In this recent Sixth Circuit decision, reported on here, the Court addressed the question of…
Then and Now: Proving a Duty to Defend By Using Evidence Outside of a Complaint
You know, this is actually of more personal interest to me than it is probably of importance to insureds, insurers and their lawyers with regard to determining whether a duty to defend exists in a given case. That is because the rule reflected in the case I am about to tell you about is sensible…
Legal Services as Commodities, and the Role of Insurance in that Process
By Stephen Rosenberg on
Posted in Employment Practices Liability Insurance
The macro view of trends is often fun, but detailed analysis of what is really going on is often more fruitful. A long, long time ago – in blog years, anyway, which given the youth of legal blogging is akin to dog years – I wrote this post about how the rise of employment practices…
Employment Law and Insurance Defense
By Stephen Rosenberg on
Posted in Employment Practices Liability Insurance
I made a prediction some years ago – long before I had a blog on which to note such things – that the rise of employment practices liability insurance (commonly known as EPLI), which covers employment related claims, would eventually transform the market for employment law services, moving it further away from a traditional corporate…