National emergency medical services company seeks insurance coverage against negligent retention claims

Client(s) Emergency Medical Services Corporation

Jones Day represented a national emergency medical services company and its wholly owned regional subsidiary as plaintiffs seeking insurance coverage for claims against the companies, including negligent retention and supervision, based on allegations that a paramedic assaulted female passengers during emergency transport. In 2011, the district court granted summary judgment for the insurers, holding assault can never be a covered “occurrence” for the employer, even if the employer is seeking coverage for claims that it acted negligently.

On May 15, 2013, the U.S. Court of Appeals for the Ninth Circuit reversed the district court, holding that an employer is covered for its own negligent acts and omissions, even if its employee engaged in intentional assault. The case has been remanded to the district court for further proceedings.