Labor/Employment » Second Circuit Extends Reach Of Benefits Insurance

Second Circuit Extends Reach Of Benefits Insurance

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June 23, 2014

The case turned on whether a claim made under ERISA, by a woman who alleged retaliation that included termination of certain benefits, was covered by a an EBL (employee benefits liability) endorsement on a general liability policy. In what K&L Gates attorney James E. Scheuermann says was a “well reasoned decision,” the court said it did. Scheuermann sees a potentially significant precedent here: There is a good chance that litigation related to the Affordable Care Act will be the next “soup du jour” for the class-action plaintiffs’ bar, he says, and the question of EBL coverage could be front and center.

 

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