Claim Scenario: If a physical altercation happens between two employees and an action is brought against the employer. Would there be coverage? If so which policy would cover that GL or EPLI.
The injured employee could file a Workers comp claim. EPLI is coverage to protect the employer from accusations of wrongful termination, discrimination, sexual harrassment to name a few.
Joe, I don't think there would be coverage because I don't see any negligence on the employer's fault. If I sucker punch a fellow employee and he responds than whose fault is it? Not the employers. The employees can sue each other but they won't get far suing their employer because of their personal fight.
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By the way, they could not file a work comp claim either because a fight does not arise out of their employment.
In addition to having them suing each other, a fight between two employees in the workplace could have a range of effects on a company's insurance programme:
Workers compensation
Depending on the circumstances of the incident, the employees may be able to claim against the company's workers compensation policy. It appears, however, that in most jurisdictions, the injuries sustained must directly relate to the work performed. Not sure if the scenario you have outlined would satisfy this requirement.
Employment practices liability
The company could be sued for failing to provide its employees with adequate training, and a forthcoming lawsuit alleging harassment and workplace bullying is a realistic possibility.
Statutory liability
The company could be investigated by statutory authorities and incur penalties for failing to provide a safe workplace for its staff according to relevant employment laws.
Directors and officers
The individual managers of the company could be implicated in the same claims faced by the company, as outlined above.
General liability GL is unlikely to be involved unless one of the employees isn't actually an "employee"; for example, if one of the "employees" was actually a third party contractor. In a normal situation, however, GL wouldn't respond as bodily injury occurring to employees is explicitly excluded by this policy.
