One of the first steps that your Costa Mesa business attorney will take during the discovery process is to determine if insurance policies may be available to help compensate you. However, your Costa Mesa business lawyer can explain if there may be factors that inhibit these polices from providing compensation.
Many insurance policies specifically require there to be a bodily injury before they will pay. Many claims in the employment context may not meet this definition such as discrimination, wrongful termination, harassment or emotional distress. Some courts look for some sort of physical manifestation or proof of the emotional distress before coverage will be provided.
Other Methods of Limiting or Disclaiming Coverage
Additionally, your Costa Mesa business attorney can explain that many Commercial General Liability insurance policies only provide coverage for bodily injuries that stem from a specific occurrence. This is usually discussed in terms of an accident. Therefore, if the claim did not stem from accidental conduct, coverage may not be available. Some intentional conduct such as discrimination, retaliation or harassment may be specifically precluded from coverage. Additionally, some other actions or claims may be specifically precluded such as exclusions made through a contract, employment exclusions or exclusions for the intentional acts of the insured. Some jurisdictions also prohibit indemnification for certain acts, including intentional acts as void against public policy. This may have been born out through legislation or case law.
Further Help from an Attorney
If you would like to learn more about how insurance policies may affect your employment claim, contact Daily Aljian LLP by calling (949) 861-2524.