Abstract
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References
1.
Women's Christian Alliance v. Executive Risk Indem., Inc., Civ. Action No. 02-2584, 2003 U.S. Dist. LEXIS 12188 (E.D. Pa July 3, 2003).
2.
See Title VII of the Civil Rights Act of 1964, 42 USC § 2000e-5(e)(1).
3.
Lodgenet Entm't Corp. v. American Int'l Specialty Lines Ins. Co., 299 F. Supp. 2d 987 (D.S.D. 2003).
4.
Pantropic Power Prods., Inc. v. Fireman's Fund Ins. Co., 141 F. Supp. 2d 1366 (S.D. Fla. 2001).
5.
Also see Janjer Enters., Inc. v. Executive Risk Indem., Inc., Civ. Action No. 03-1684, 2004 U.S. App. LEXIS 8907 (4th Cir. January 20, 2004). In Janjer, the policyholder filed a breach of contract claim against its insurer for refusing to defend and indemnify the policyholder in an employment-related sexual harassment suit. The insurer argued that the policyholder failed to comply with the notice of claim provision in the EPLI policy. The notice of claim provision required that the policyholder provide notice to the insurer of any claim as soon as practicable or no later than 60 days after the claim is first made. The employee filed a charge with the Equal Employment Opportunity Commission (EEOC) before initiating the civil suit in March 2001. The policyholder notified the insurer on October 2001, after the civil suit was initiated. The court determined that the policyholder was required to provide notice of any claim no later than 60 days. The EEOC charge and civil suit were viewed as the same claim; therefore, coverage was denied.
6.
Lodgenet, 299 F.Supp. 2d at 995.