Credit: Rasta777/Shutterstock.com W.Va. High Court: Employer's Insurance Policy Doesn't Cover Non-Employee Killed in Pa. Mining Accident
"We therefore conclude that the circuit court erred in finding the ELE inapplicable to Neice's action against Dana Mining. Under the language of the applicable ELE endorsement, we find that Neice's claim arises out of Mr. Neice's employment with 'any insured,' i.e., Mepco LLC, and the policy therefore excludes coverage for Neice's action against Dana Mining," Justice William R. Wooton wrote on behalf of the West Virginia Supreme Court.
March 08, 2023 at 01:51 PM
5 minute read
The Supreme Court of Appeals of West Virginia sided with an insurance company last week, finding a circuit court erred in concluding the policy's "employer's liability exclusion" was inapplicable to a wrongful death action filed against Dana Mining Co. of Pennsylvania because the decedent was not an employee of the mining company.
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