Wrongful Withholding of Tips Not Covered by Club’s Insurance

Wrongful Withholding of Tips Not Covered by Club’s Insurance

Wrongful Withholding of Tips Not Covered by Club’s Insurance

Loss came from pre-existing obligation, not from wrongful act, says Court
When wait staff of the Kittansett golf club in Massachusetts sued the club and one of its officers for failure to properly distribute gratuities added to meal charges, the club tendered the claim to its Directors and Officers insurance carrier. It sought coverage under the provisions providing indemnification for losses suffered from claims for wrongful acts. The carrier said it had no obligation under the policy, and a federal District Court has agreed. It held that the claim was essentially one for money the club already had the obligation to pay, and not for the failure to pay it. ( Kittansett Club v. Philadelphia Indemnity Insurance Company, D. MA, No. 11-11385, 9/10/12 .)

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