Hangley Aronchick attorneys Ron Schiller, Bonnie Hoffman and Tom Brown, with some key help from Liz Dolce in a companion case, won an appeal before the West Virginia Supreme Court of Appeals on behalf of Federal Insurance Co., a unit of Chubb. The circuit court had ruled that an employee’s liability exclusion did not apply in the case of an underlying death claim brought against Dana Mining Co. of Pennsylvania (insured by Federal), but the appeals court found otherwise, noting in its decision that, “a literal reading of this exclusion denies coverage for any insured for claims by an employee of any of the universe of insureds under the policy — regardless of whether the insured seeking coverage is the employee’s actual employer or not.”
