The Scott Fetzer Co. v. Zurich American Insurance Co. matter involved a dispute over coverage for sexual assault claims against Fetzer. Three women filed suit against Fetzer, claiming that John Fields, an independent dealer of vacuums manufactured by Fetzer, verbally and sexually assaulted them. Fetzer’s alleged liability was premised on, among other things, its negligence in supervising its independent contractor’s hiring process. Fetzer settled with each of the three women.
Continue Reading Ambiguous “Occurrence” Language Results In Payment Of Single Deductible Despite Multiple Assaults
Negligent Hiring
California Supreme Court Rules That General Liability Insurer Must Defend Employer Against Employee Misconduct Allegations
By Michael S. Levine & Cary D. Steklof on
Posted in Duty to Defend, General Liability
The Supreme Court of California has ruled that a general liability insurer must defend an employer against allegations of employee misconduct, reinforcing the breadth of (1) what constitutes an “occurrence” under an employer’s commercial general liability (CGL) policy and (2) the duty to defend regarding claims for negligent hiring, retention and supervision. The opinion in Liberty Surplus Ins. Corp. v. Ledesma & Meyer Constr. Co., Inc. can be found here.
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Continue Reading California Supreme Court Rules That General Liability Insurer Must Defend Employer Against Employee Misconduct Allegations