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This Symposium addresses the most recent insurance coverage issue that requires mastery not only of insurance law concepts but also a rapidly developing area of substantive law. Employers increasingly are finding themselves subject to state and federal regulation of the terms, conditions, and duration of their relationship with employees. The liabilities associated with increased governmental regulation represent a major financial exposure, leading many employers to demand coverage under their various insurance policies. This rapidly evolving area of insurance law achieved some measure of public notice with the recent disclosure that two insurance companies already have paid out nearly a million dollars to President Clinton's defense team in connection with the sexual harassment case brought by a former Arkansas state employee for behavior alleged to have occurred while Clinton was Governor of the state. Insurers often refuse to concede coverage in these matters, though, resulting in litigation over coverage availability. These coverage cases raise significant interpretive problems because employment law continues to be in a state of tremendous flux and the insurance industry constantly is revising policy language. The contributions to this Symposium identify and analyze many of these complex problems.

Publication Citation

18 West. New Eng. L. Rev. 1 (1996)