Damon Key Attorneys Author ABA Article

Mark Murakami and Tred Eyerly‘s article, “Getting Around LHWCA’s Exclusion Remedy Roadblock – Injured Employee’s Claims Against Employer and Insurer for Intentional Torts,” was published in the July/August 2010 issued of Coverage, an ABA publication focusing on insurance coverage. Although an exclusive remedy provision under the Longshore Harbor and Workers Compensation Act bars actions against insurers for bad faith handling of claims, the article suggests pursuing intentional torts, including intentional infliction of emotional distress, may be appropriate remedies.