A former recruit firefighter who was accused of putting a noose across the neck of an African American colleague, is now being sued by the insurance coverage firm for the hearth division. John Erickson, who resigned from the Clark County Fireplace District 6 and was sued by the sufferer, Elijah Web page, is now being sued by the Nationwide Union Fireplace Insurance coverage Firm.
The idea for Nationwide Union’s swimsuit has to do with a somewhat superior insurance-law situation, however ought to stand as a warning to personnel who interact in outrageous conduct. Following the noose incident in June 2022, Web page filed swimsuit towards the Erickson, the hearth district, and a number of other officers alleging race discrimination, hostile work setting, a violation of the First Modification, obstruction of justice, conspiracy, hate crime, battery, state regulation discrimination, wrongful discharge, outrage, negligent infliction of emotional misery, negligent coaching, and negligent supervision.
Nationwide Union, as the hearth district’s insurer, agreed to cowl the district for web page’s swimsuit. With regard to the person staff, the insurer agreed to cowl them to the extent they acted inside the scope of their employment. In Erickson’s case, the insurer agreed to supply him with a protection below a reservation of rights. The phrases of that reservation of rights was defined within the Nationwide Union’s criticism as follows:
- “Nationwide Union reserves the precise to restrict, deny or withdraw protection on the premise that you don’t qualify as an insured as a result of your alleged acts don’t look like inside the scope and course of your employment or approved duties.”
- On August 12, 2024, Nationwide Union despatched an up to date reservation of rights letter to Erickson, which explicitly reserved its proper to reimbursement for protection prices incurred on Erickson’s behalf within the Lawsuit starting the subsequent day.
Earlier this yr, the hearth district filed a movement to dismiss in Web page’s swimsuit alleging that it couldn’t be held vicariously accountable for Erickson’s actions as a result of he acted exterior the scope of his employment when he positioned the noose round Web page’s. The courtroom agreed, dismissing the hearth district from the swimsuit. That in flip prompted Nationwide Union to file swimsuit towards Erickson looking for (1) a declaratory judgment ruling that it has no duty to proceed to defend him in Web page’s lawsuit as a result of his habits was exterior the scope of his employment; and (2) a declare for reimbursement of its bills of defending Erickson.
Here’s a copy of the criticism: