Au Pair Agency Not Covered In Wage Suit, 11th Circ. Affirms

Law360 (June 27, 2019, 4:43 PM EDT) -- The Eleventh Circuit on Thursday affirmed that Berkley Assurance Co. doesn’t have to defend or indemnify an au pair placement agency accused of conspiring to set low pay rates, agreeing with a lower court that an exclusion applies because the agency knew of the underlying class action prior to obtaining coverage.

A three-judge panel of the appellate court upheld U.S. District Judge William F. Jung’s September decision granting summary judgment to Berkley in its coverage dispute with Expert Group International Inc., which does business as Expert Au Pair.

The district judge based his decision on the “prior knowledge” exclusion in Expert’s...

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