California Employment Law Update

Tag Archives: insurance

Liability For Employer’s Harassment, False Imprisonment Of Employees Was Not Covered By Insurance

Jon Davler, Inc. v. Arch Ins. Co., 229 Cal. App. 4th 1025 (2014) After one of the owners of Jon Davler, Inc. (Christina Yang) found a used sanitary napkin in the women’s bathroom and blood around the toilet seat, she started yelling at the employees that they were “dirty” and demanded to know which of … Continue Reading

Claims Adjusters Were Properly Classified As Exempt Administrative Employees

Hodge v. Aon Ins. Servs., 192 Cal. App. 4th 1361 (2011) Plaintiffs in this case are claims adjusters employed by a third party administrator (Cambridge Integrated Services Group, Inc.). Depending on the entity with which it contracts and the terms of the contract, Cambridge adjusts general liability, vehicle-related and workers’ compensation claims. In their claim … Continue Reading

Employer Waived Insurance Coverage By Failing To Timely Notify Carrier Of Claim

Westrec Marina Mgmt., Inc. v. Arrowood Indemn. Co., 163 Cal. App. 4th 1387 (2008) Westrec sued its insurance carrier, Arrowood, after the carrier refused to provide a defense to an employment discrimination lawsuit on the ground that Westrec had failed to timely report the third-party claim as required under the terms of two successive directors … Continue Reading

Insurance Claims Adjusters Are Not Exempt From Overtime

Harris v. Superior Court, 154 Cal. App. 4th 164 (2007) Plaintiffs, members of four coordinated class actions filed against two insurance companies, alleged they were improperly classified as exempt employees in violation of the administrative exemption from the overtime requirements of California law. Applying the Administrative/Production Worker Dichotomy analysis, the Court of Appeal concluded that … Continue Reading
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