Dana Mining sought defense and indemnity from Federal Insurance, which denied coverage based, in part, on the policy's employer's liability exclusion (ELE), which excluded coverage for claims or damages sustained by Dana Mining sought defense and indemnity from Federal Insurance, which denied coverage based, in part, on the policy's employer's liability exclusion (ELE), which excluded coverage for claims or damages sustained by "any employee" arising out of his or her employment with "any insured." (Credit: Michael Evans/Adobe Stock)

The West Virginia Supreme Court sided with an insurance company last week, finding a circuit court erred in concluding the policy's "employer's liability exclusion" was inapplicable to a wrongful death action filed against Dana Mining Co. of Pennsylvania because the decedent was not an employee of the mining company.

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Allison Dunn

Allison Dunn is a reporter on ALM's Rapid Response desk based in Ohio, covering impactful litigation filings and rulings, emerging legal trends, controversies in the industry, and everything in between. Contact her at [email protected]. On Twitter: @AllisonDWrites.