Did Liberty Mutuals WC/EL Policy and Applicable Exclusions Trigger a Duty to Defend the Suit Against LDF?
The basic insuring agreement under the WC/EL policy provides in material part: “This employers liability insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must arise out of and in the course of the injured employee’s employment by you.” Among the express exclusions is the following: “This insurance does not cover: . . . . 7. damages arising out of coercion, criticism, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination against or termination of any employee, or any personnel practices, policies, acts or omissions.” Because this policy covers only “bodily injury” and excludes personnel “acts or omissions,” our analysis need not belabor this opinion. We have already concluded that Fields neither suffered nor claimed bodily injury, and that Fields’ damages arose from an employment-related act or omission, which we perceive as identical to a “personnel” “ac
