Alaska Employment Law

Employment Practices Liability Insurance:  The basics of EPLI are covered today at Pennsylvania Employment Law Blog.  Connecticut Employment Lawyer Blog adds commentary.  EPLI covers claims that General Liability carriers usually try to exclude.  See next item.

Employment-claim exclusion:  The 9th Circuit has affirmed a judgment holding that the General Liability insurer succeeded in excluding employment-related claims:

The straight-forward organization of the endorsement, the heading of the endorsement as specific to [the insured] “FITNESS AND WELLNESS PROGRAM,” the use of bold capital letters to highlight “EXCLUSIONS,” the use of simple and understandable text to explain the scope of the limitations it imposes, and the conformity with the same exclusion under the Employer’s Liability Insurance section of the policy combine to make the Exclusion an enforceable part of the insurance contract.

For Women Only Fitness, Inc. v. Specialty National Insurance Company, 2008 WL 399262 (9th Cir. Feb. 12, 2008)(California law)(unpub.)

“Strict” arbitration of stop loss policy disputes:  In a dispute between an employer and its “stop loss” group health insurer, the 7th Circuit (per Posner) has held that a) stop loss insurance is not reinsurance; and b) an arbitration provision that requires the arbitrator to “strictly” apply certain (here, Wisconsin) law differs analytically from, and is less suspect than, a provision for heightened judicial scrutiny.  Whether parties may require a court to exercise heightened scrutiny of an arbitration award is currently before the U. S. Supreme Court, in Hall Street Associates, LLC v. Mattel, Inc., 196 F.Appx. 476 (9th Cir. 2006), cert. granted, 127 S.Ct. 2875 (May 29, 2007).  

Edstrom Industries, Inc. v. Companion Life Ins. Co., 2008 WL 351450 (7th Cir. Feb. 11, 2008).