Cracker Barrel v. Cincinnati Ins. Co. 2012 U.S. App. LEXIS 19161, 2012 WL 3632814, 2012 Fed. App. 01001N (6th Cir.) – Peters & Nye represented Cincinnati Insurance Company against Cracker Barrel Old Country Store’s attempt to obtain coverage for a lawsuit filed by the Equal Employment Opportunity Commission (“EEOC”). Peters & Nye secured an order granting summary judgment for Cincinnati Insurance Company in the U.S. District Court for the Middle District of Tennessee and an order from the U.S. Appellate Court for the Sixth Circuit Court of Appeals affirming summary judgment. The appellate court held that the EEOC lawsuit predated the inception of the claims made employment practices liability insurance policy because it arose out of charge of discrimination that predated the inception of the policy.
Superior Beverage Group v. Cincinnati Insurance Company, 2012 Pa. Super. LEXIS 527, 2012 WL 3057340 (Pa. Superior Court) – Peters & Nye successfully defeated an insured’s attempt to implicate two policy limits in connection with a single wrongful employment termination lawsuit by securing summary judgment for the insurer and defeating the insured’s appeal of that order. The appellate court affirmed, agreeing that an amended complaint that added new causes of action of race discrimination to the prior age discrimination causes of action, is not a new “claim” under a claims made employment practices liability insurance policy.
High Court of Justice, Queen’s Bench Division, Commercial Court, London, England – Peters & Nye secured an anti-suit injunction in favor of arbitration resulting in voluntary dismissal without prejudice of client in U.S. coverage litigation.
Confidential Dispute Resolution Proceeding – Peters & Nye obtained an Advisory Opinion in favor of client from a former U.S. Federal Court Judge finding absence of coverage under Employment Practices Policy based on Prior Notice Exclusion and Prior Knowledge Exclusion.