After a decision by the U.S. District Court for the Eastern District of Virginia holding that a business insurance carrier must defend an employer after a workplace shooting leads to a negligence action by the employee’s estate (see article here), a split has arisen between the Eastern and Western Districts.  According to the article, a decision from the Western District reaching the opposite conclusion is on appeal to the 4th Circuit.

Although this was not an EPLI case, it is a good reminder to employers to check for any applicable insurance coverage after any workplace “claim” arises.  If there is an arguable basis for coverage, the employer should place the carrier on notice of the claim to protect its rights under the policy.