Insurer’s Motion to Dismiss Employee Benefits Claim Denied

AUE Staffing Solutions, Inc. v. Zurich American Insurance Co. (M.D. Fla., December 8, 2015)

An employee of the insured filed a workers’ compensation claim against the insured and the insured discovered it failed to include the employee in its workers’ compensation coverage. It sought coverage for this “wrongful act, error or omission,” and the insurer denied the claim. It brought suit against the insurer and the court denied the insurer’s motion to dismiss as premature.