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Enron Mail |
If you have not already done so,can you get back to Jim. Thanks
-----Original Message----- From: =09Derrick Jr., James =20 Sent:=09Monday, August 20, 2001 4:44 PM To:=09Sanders, Richard B.; White, Bonnie Subject:=09FW: Casey, John A. v. Nepco Please let me have your recommendation re the possible extention of coverag= e. Thank you. Jim -----Original Message----- From: =09Cole, Rob =20 Sent:=09Monday, August 20, 2001 8:44 AM To:=09Derrick Jr., James Cc:=09Bouillion, James L.; Cole, Rob; Mathis, Ken; Studdert, James P.; Kend= all, Earline Subject:=09Casey, John A. v. Nepco Mr. Derrick, I am directing this email to your attention at the request of = Mr. Jim Bouillion for consideration of extending coverage to Nepco, pursuan= t to the EMPLOYMENT PRACTICES LIABILITY ENDORSEMENT on our Directors & Offi= cers policy. We have reviewed the Petition wherein a former iron worker of Nepco alleges= damages as a result of being terminated, in violation of Title 85 O.S. d 5= . The Plaintiff sustained an on the job injury on April 6, 2001, when he w= as struck by a crane. He received workers compensation benefits. He alleg= edly re-injured his back on June 15, 2001. The Plaintiff alleges that "sev= eral hours after notifying his employer of re-injuring his back, Plaintiff = was summarily terminated by Defendant." The "Plaintiff alleges that a sign= ificant part of Defendant's decision to terminate him was because of his in= jury and because he exercised his rights under the Workers Compensation Act= ." The Petition goes on to state that the Defendant's actions "were done i= n reckless disregard for the rights of the Plaintiff and/or were wanton and= motivated by oppression, fraud and/or malice" and thus includes a count fo= r punitive damages. Suit is filed in Tulsa County, State of Oklahoma, with= an Answer date of before September 4, 2001. Our preliminary review of the Petition, absent any independent investigatio= n or knowledge with respect to the allegations and the value placed on same= , suggests there might be coverage for this loss under the Directors & Offi= cers policy. The definition of "WRONGFUL EMPLOYMENT PRACTICE" includes "th= e actual or constructive termination of a career opportunity, or employment= discipline or evaluation in a manner which violates any local, state, or f= ederal law, whether existing by statute or common law, or which breaches an= y implied contract to continue employment"...It is doubtful this matter wou= ld exceed the $1M policy deductible. Please advise if you would like for us to extent coverage to Nepco. Accord= ing to the information provided, the matter has been assigned to Bonnie Whi= te of the Litigation Unit and is being overseen by Richard Sanders of ENA. Thanks, Rob Cole, Manager-Claims ENA - Global Risk Markets P.O. Box 1188 (77251-1188) 1400 Smith Street, EB2136F Houston, Texas 77002 713-853-7739 (telephone) 713-646-2341 (facsimile) Rob.Cole@Enron.com (email)
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