Euchner-USA, Inc. v. Hartford Casualty Ins. Co., No. 13-2021 (2d Cir. 2014)Annotate this Case
This declaratory judgment action under New York law involves Hartford's issuance to Euchner of comprehensive general liability insurance with an endorsement covering the company's employee benefits program. Hartford denied coverage and refused a defense as to a suit in which plaintiff alleged that she was sexually harassed and that she was coerced into accepting a changed status that Euchner improperly classified as an independent sales position. Euchner appealed from the district court's grant of Hartford's motion for summary judgment on the ground that the underlying suit alleged only intentional wrong. The court concluded that a reasonable possibility existed that some claims in the former employee's (amended) complaint might implicate the coverage extended by endorsement, and that Hartford therefore owed a duty to defend. The court did not reach the issue of indemnity. Accordingly, the court vacated and remanded in part. The court affirmed the dismissal of the claim brought under N.Y. Gen. Bus. Law 349.