It's not easy work standing over a hot fryer making french fry rings all day, so today's fry cook isn't in the best mood when the cashier starts complaining. After the lunch rush, the employees sneak out and step over to the neighboring gas station parking lot for a fistfight.
Notable Timestamps
[ 00:26 ] - At DonutBurgers, two employees are still on the clock and in their uniforms when they leave the premises for a fight.
[ 01:39 ] - Cold or hot? Curly or shoestring? Salt or no salt? The team discusses the best fast food fries.
[ 03:25 ] - Insurance generally covers defense against claims seeking damages for bodily injury, if caused by an occurrence.
[ 04:35 ] - The concept of an occurrence is related to fortuity, as in, insurance is generally intended to cover accidents, not purposeful actions.
[ 05:20 ] - The definition of occurrence and the Expected or Intended Injury Exclusion usually operate to preclude defense of an employee for their assaults...
[ 06:00 ] - ...but the employer is often sued for negligent hiring, negligent background investigation, negligent training, negligent supervision, etc.
[ 07:15 ] - The policy in this scenario only covered employees for acts within the scope of their employment.
[ 08:15 ] - In the case upon which this scenario was based, the court held in favor of the insurer even though negligence was alleged, because the crux of the complaint centered on intentional conduct unrelated to business operations.
[ 10:30 ] - Nevada law supports the interpretation that there is no occurrence under these facts, so the action taking place off-premises likely did not impact the result.
[ 12:22 ] - Brennan provides a recap of the scenario and the points above.
Your PLRB Resources
Safety Nat'l. Cas. Corp. v. Bender (2024) 2024 U.S. Dist. LEXIS 159524 (D. Nev. 9/4/24) - https://www.plrb.org/documents/safety-natl-cas-corp-v-bender-2024/
GL17 – Occurrence/Accident Defined - https://www.plrb.org/documents/gl17-occurrence-accident-defined/
Can There Be an "Occurrence" When the Insured's Employee Deliberately Strikes a Customer With a Baseball Bat? 2022.01.18 - https://www.plrb.org/documents/can-there-be-an-occurrence-when-the-insureds-employee-deliberately-strikes-a-customer-with-a-baseball-bat-2022-01-18/
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The views and opinions expressed in this resource are those of the individual speaker and not necessarily those of the Property & Liability Resource Bureau (PLRB), its membership, or any organization with which the presenter is employed or affiliated. The information, ideas, and opinions are presented as information only and not as legal advice or offers of representation. Individual policy language and state laws vary, and listeners should rely on guidance from their companies and counsel as appropriate.
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