Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Recent Rulings Expand the Scope of the Employment-Related Exclusionary Clause

BY Jessica F. Pardi
July 02, 2015

In December of last year, the Indiana Court of Appeals expanded the scope of employment-related exclusions when it granted summary judgment in favor of Peerless Indemnity Insurance Company (“Peerless”) in a coverage dispute with Justin Stimson, a named partner in the now defunct law firm of Moshe & Stimson, LLP. Peerless Indem. Ins. Co. v. Moshe & Stimson LLP, 22 N.E.3d 882, 2014 Ind. App. LEXIS 642 (Ind. Ct. App. 2014). The other named partner, Sarah Moshe, is Mr. Stimson's sister. In December 2011, Moshe informed Stimson that she planned to leave the firm. Thereafter, the relationship between the siblings soured, and Stimson allegedly refused to dissolve the partnership and/or pay his sister monies owed to her by the firm, including her regular income. Additionally, Moshe claims Stimson began making accusations about her “personal integrity and professional competency.”

In early 2012, Moshe filed a lawsuit against her brother, claiming defamation and seeking a formal dissolution of Moshe & Stimson and an accounting, injunction and damages. Stimson sought coverage from Peerless, the law firm's insurer. Peerless sought a declaratory judgment that it had no responsibility to defend or indemnify Stimson based upon the employment-related exclusionary clause (the “Employment Exclusion”) in the Moshe & Stimson policy which read as follows:

This insurance does not apply to:

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.