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Full-Text Articles in Labor and Employment Law
Insurance Coverage Of Employment Discrimination Claims, Francis J. Mootz Iii
Insurance Coverage Of Employment Discrimination Claims, Francis J. Mootz Iii
Scholarly Works
This article discusses insurance coverage of employment discrimination claims under both existing policies and emerging Employment Practices Liability Insurance policies: The first part describes the “three *7 dimensional model” of liability insurance; the second part describes general principles of interpretation as applied by courts to insurance policies; and the third part describes public policy limitations on the interpretation of insurance policies. These first three sections establish the background necessary for analyzing the availability of insurance coverage for employment disputes. The fourth part of the article then analyzes the potential for coverage under standard types of liability insurance, while the fifth …
Insuring Employer Liability For Hostile Work Environment Claims: How Changes In Discrimination Law May Affect The Growing Market For Employment-Related Practices Liability Insurance, Francis J. Mootz Iii
Insuring Employer Liability For Hostile Work Environment Claims: How Changes In Discrimination Law May Affect The Growing Market For Employment-Related Practices Liability Insurance, Francis J. Mootz Iii
Scholarly Works
Assessing the role that Employment Practices Liability Insurance might play in the future requires an understanding of two murky areas of law: employment law and insurance coverage law. In Part I of the Article I discuss the evolution of employer liability for hostile work environment sexual harassment. In Part II of the Article I analyze the consequences for insurance coverage that follow from recognizing that liability for hostile work environment sexual harassment is grounded on negligence principles.