United States Fourth Circuit

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Republic Franklin Insurance Co. v. Albemarle County School Baord, 10-1961

In a suit by an insurer for a declaratory judgment that it owed no duty to defend or indemnify its insured in an action commenced by the insured's employees for violations of the Fair Labor Standards Act (FLSA), the district court's grant of summary judgment to the insurer is reversed, where: 1) the underlying FLSA complaint alleged a claim for a "wrongful act" covered by the policy; and 2) liquidated damages and attorneys' fees claimed because of the FLSA violations would be "losses" covered by the policy.

Appellate Information

  • Decided 02/24/2012
  • Published 02/24/2012


  • Niemeyer


  • United States Fourth Circuit


  • For Appellant:
  • Annie Kim, Elizabeth S. Skilling