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Enron Mail |
Below is the response from our broker commenting on the coverage issue posed by NEPCO. Our confidential approach to this policy is in jeopardy as more and more people are creating a need to know and the "traffic" on this topic (internally and externally) has increase considerably. On this Nepco inquiry, I suggest that I speak with David Lund on the coverage and request that he keep same confidential and advise his operations people that they need not pursue the issue any further. Please advise if you concur?
On this same subject, I have received a request from Michelle Cash to notify our insurers of a potential "age discrimination " claim. EEOC has made an "inquiry", which means (according to Michelle), that they have received a complaint and want information. I have discussed with our broker, and they recommend, based upon review of the reporting provisions in the policy, that we file a report of a potential claim with underwriters. I do not have the all facts nor do I have copies of any of any documents, however, understand that this arises from the "Performance Review process". This is one we should discuss, as it could involve a large class of people. Please give me a call. -----Original Message----- From: Paul Sparks <pspa@mcgriff.com<@ENRON [mailto:IMCEANOTES-Paul+20Sparks+20+3Cpspa+40mcgriff+2Ecom+3E+40ENRON@ENRON.com] Sent: Monday, April 30, 2001 5:44 AM To: Bouillion, James L.; Mary Harkins Cc: Alastair Muir-Taylor; Paul Sparks; Kendall, Earline; Natalie Solomon Subject: RE: Newest ASAP from Littler Mendelson Jim, Your coverage, with AEGIS, does extend to the individual employees should they be named as a defendant in employment related litigation. This was done as there are other states where the courts have adopted a similar position. Regards, Paul -----Original Message----- From: James.L.Bouillion@enron.com [mailto:James.L.Bouillion@enron.com] Sent: Thursday, April 26, 2001 12:51 PM To: MHAR@McGriff.com Cc: amui@McGriff.com; Paul Sparks; Earline.Kendall@enron.com Subject: FW: Newest ASAP from Littler Mendelson Have you been made aware of this decision? What is the view on coverage under our program? ---------------------- Forwarded by James L Bouillion/HOU/ECT on 04/26/2001 12:46 PM --------------------------- Richard Vincent@ENRON 04/24/2001 08:46 AM To: James L Bouillion/HOU/ECT@ECT, Paul Clayton/HOU/ECT@ECT cc: David Lund/ENRON@enronXgate Subject: FW: Newest ASAP from Littler Mendelson Please respond. ---------------------- Forwarded by Richard Vincent/NA/Enron on 04/24/2001 08:45 AM --------------------------- Davidlu@nepco.com on 04/23/2001 03:36:48 PM To: Mikei@nepco.com cc: johng@nepco.com, rvincen@enron.com Subject: FW: Newest ASAP from Littler Mendelson Mike, According to a recent decision by the Washington Supreme Court, a supervisor can be held personally liable for job-related discrimination or harassment. We need to check out with Enron Insurance group to determine if our current employment practice liability insurance covers a situation like this. The distinction is that if the plaintiff employee names the company, we're covered, but he/she names only the supervisor "personally" would the Enron insurance decline coverage? By copy to Dick Vincent, I am asking him to confirm this issue with our insurance program. If coverage exists, then should we document something in the policy to specifically cover this new form of employment liability unique to Washington State? David H. Lund, Jr. Assistant General Counsel National Energy Production Corporation 11831 North Creek Parkway N. Bothell, WA 98011 425-415-3138 Fax: 425-415-3032 David.Lund@nepco.com or davidlu@nepco.com -----Original Message----- From: Notestine, Kerry [mailto:KNotestine@littler.com] <mailto:[mailto:KNotestine@littler.com]< Sent: Monday, April 23, 2001 5:57 AM To: 'knotestine@mciworldcom.net' Subject: Newest ASAP from Littler Mendelson I am sending you our most recent ASAP. Our ASAP's are our summaries of recent developments in employment matters. This ASAP addresses a recent case from the Washington State Supreme Court in which that court held that individual supervisors can be held personally liable for acts of unlawful harassment and discrimination. This ruling relates to the Washington state discrimination statute and not Title VII. This ruling is contrary to federal law under Title VII where individual supervisors are not personally liable for such acts. Similarly, individual supervisors are not subject to personal liability under the Texas Commission on Human Rights Act. It may be prudent for employers with workers in Washington to review insurance and indemnity agreements to determine if these contracts cover supervisors who may be sued for acts in the course and scope of their employment. http://www.littler.com/nwsltr/asap_scott_paper.html <http://www.littler.com/nwsltr/asap_scott_paper.html< Please double click on the above link to access the ASAP. Let me know if you have trouble accessing this ASAP, and I can send you a hard copy. You also may visit our website (www.littler.com <http://www.littler.com<; ) to review these and other publications by lawyers from our firm. Feel free to forward this link or print a copy and distribute it to others within or outside your organization. In addition, let me know if you do not want to receive these updates, and I will delete you from my distribution list. I also wanted to call your attention to the invitation to our National Employer seminar that you should have received in the last week or two. The invitation is a two-sided document, with the white side having valuable information regarding current employment issues and the dark side being the invitation. If you look at the white side originally, you may not realize that the document is an invitation. Our National Employer is one of the largest and most comprehensive employment-law conferences in the country with over 1000 people attending every year. You can review the invitation and more information regarding the National Employer by visiting our website (www.littler.com <http://www.littler.com<; ) or I will send you another copy of the invitation if you tossed yours or never received one. Littler Mendelson is the nation's largest firm representing employers in employment and labor matters. With approximately 400 attorneys in 30 office, we address more issues related to employment than any other law firm. Please contact me if we can assist you with employment issues related to harassment, discrimination, other matters. Kerry E Notestine Littler Mendelson, PC 1900 Chevron Tower 1301 McKinney Street Houston, Texas 77010 713.652.4748 713.951.9212 (fax) knotestine@littler.com <mailto:knotestine@littler.com< www.littler.com <http://www.littler.com<; ---- This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply email and delete all copies of this message. To reply to our email administrator directly, send an email to postmaster@littler.com <mailto:postmaster@littler.com< Littler Mendelson, P.C. http://www.littler.com <http://www.littler.com<;
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