Wood Smith Henning & Berman is pleased to announce a significant victory on behalf of a national insurance carrier in a coverage dispute before the U.S. District Court for the District of New Hampshire. The Court granted our client's motion for judgment on the pleadings, deciding in favor of the insurer in a case involving claims-made coverage under an Employment Practices Liability ("EPL") policy endorsement.
The plaintiff in the underlying action sought to recover more than $300,000, plus attorney fees, following a state court judgment arising from her termination after a series of pregnancy-related absences. She alleged sex discrimination and retaliation related to her pregnancy and subsequent employment separation.
WSHB Senior Counsel Aaron Cruz and Partner Kate Adams successfully argued the insurer had no duty to defend or indemnify because the plaintiff's claims were first made long before the insured employer first purchased the EPL endorsement at issue. Like many claims-made policies, the endorsement afforded coverage only for claims first made during the policy period.
The Court agreed with WSHB's arguments, entering judgment in the insurer's favor, and held that claims fell outside the scope of coverage. In so holding, the Court rejected the plaintiff's attempt to recover the underlying judgment and attorney fees.
"This ruling reaffirms the importance of the claims-made framework and the clear boundaries of coverage that apply to EPL policies," said Cruz. "Our client's position was grounded in the plain language of the policy and the well-established timing principles that govern claims-made insurance."
Adams added, "We are proud to have achieved a result that reinforces both the predictability and integrity of claims-made coverage. These policies serve a critical function for employers and insurers alike, and this decision provides useful clarity for future disputes of this nature."
This decision underscores WSHB's national expertise in resolving complex coverage disputes efficiently and decisively, particularly in the claims-made context involving EPL and other professional liability policies.
Wood Smith Henning & Berman: Your Trusted Partner
Experience the power of a proven industry leader in the law. Wood Smith Henning & Berman (WSHB) is renowned globally for our exceptional trial results and expertise in handling complex litigation. With our nationwide network of over 500 lawyers across 43 office locations, we are dedicated to providing comprehensive litigation and counsel to both public and private companies. From start-ups to Fortune 100 corporations, we deliver unrivaled legal representation that consistently achieves favorable outcomes for our clients.
At WSHB, our strength lies in our diverse and accomplished team of attorneys. We boast thought leaders and defense specialists in over 41 fields of practice, covering an extensive range of specialties. Founded in 1997, we are proud to be among the top ten law firms in the nation for diversity, female partners, female lawyers, and Hispanic lawyers. This rich tapestry of diversity forms the foundation of our success when presenting cases to juries of our peers, ensuring we understand the unique nuances underlying each claim.
Our expansive geographic footprint allows us to provide effective and efficient representation to clients nationwide, regardless of their location, background, or legal expertise. By prioritizing strategic and cost-effective approaches to litigation, our dedicated attorneys work tirelessly to protect the interests of our clients. We have a track record of success, securing numerous victories such as summary judgments and defense verdicts on behalf of our clients. As a trial firm, we have taken over 2,000 cases to verdict, making us well-equipped to handle even the most complex and high-stakes litigation matters across the country.
