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Insurance agents and other types of salespeople with the discretion to determine when, how, and whether to sell a company’s products may properly be classified as independent contractors, according to the California Court of Appeal’s recent holding in Arnold v. Mutual of Omaha Insurance Company the first California decision to detail the circumstances under which insurance agents, and potentially other types of salespeople, may be classified as independent contractors
In Manganella v. Evanston Insurance Company, the District Court ruled that employment practices liability insurance (EPLI) precluded coverage of a sexual harassment claim against a company president where the policy contained an exclusion for intentional acts and an arbitration decision found that the president had willfully violated the Company’s harassment policy
