Cracker Barrel v. Cincinnati Ins. Co.

Cracker Barrel v. Cincinnati Ins. Co. 2012 U.S. App. LEXIS 19161, 2012 WL 3632814, 2012 Fed. App. 01001N (6^th 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.