Article ID: a1916e17399db03b90fea84e20f814f25b391081893944e3f0fa489ac7521d23
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URL: https://www.businessinsurance.com/7th-circuit-backs-insurer-in-fatal-workplace-claim/
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7th Circuit backs insurer in fatal workplace claim - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers 7th Circuit backs insurer in fatal workplace claim by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Aug 6, 2026 A federal appeals court on Tuesday ruled that Insurance Company of the West has no duty to defend a metal alloys manufacturer against a wrongful death lawsuit stemming from a worker’s fatal workplace injury. In Insurance Company of the West v. High Performance Alloys Inc. , the 7th U.S. Circuit Court of Appeals affirmed a lower court ruling that coverage was barred under both Indiana’s workers compensation law and the intentional injury provisions of the employer’s liability policy. Insurance Company of the West issued High Performance Alloys a workers compensation and employers liability policy covering the period from Oct. 1, 2021, through Oct. 1, 2022. During the policy period, employee Elliott Sullivan was killed while working at the company’s facility. His estate sued High Performance Alloys, alleging the company knew of dangerous machinery conditions, failed to implement available safety protections and acted with actual intent to cause Mr. Sullivan’s injury. The insurer denied coverage and filed a federal declaratory judgment action, arguing it had no duty to defend or indemnify the company. An Indiana federal judge granted judgment on the pleadings to the insurer. High Performance Alloys argued on appeal that the wrongful death complaint alleged an intentional tort that fell outside the exclusive-remedy provision of Indiana’s workers compensation law. The appeals court rejected that argument, holding that Indiana law requires deliberate intent to injure or actual knowledge that an injury is certain to occur before an employer’s conduct falls outside the workers compensation system. Allegations that the company knew about dangerous conditions, prior violations and available safety measures showed, at most, gross negligence or wanton and reckless conduct, not actual knowledge that Mr. Sullivan’s injury was inevitable, the court said. The court said the company’s coverage argument presented an unavoidable conflict. If Mr. Sullivan’s death was accidental, the claim fell within Indiana’s workers compensation law and the policy’s workers compensation exclusion. If the company intentionally caused the injury, coverage was barred because the policy applied only to accidental injuries and expressly excluded injuries intentionally caused or aggravated by the employer. “Either way, ICW does not have a duty to defend HPA,” the court said. The appeals court also declined to certify questions to the Indiana Supreme Court, finding that existing state precedent provided sufficient guidance to resolve the dispute. The panel affirmed the district court’s judgment in favor of the insurer. 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