HDH Corp. v. Atlantic Charter Insurance

The primary question presented is whether a workers’ compensation insurer has a duty to defend an insured employer in a civil action brought by an employee who has not preserved her right of action at common law. See G. L. c. 152, § 24.1 A former employee of the plaintiff, HDH Corporation (HDH), brought an action against HDH in the Superior Court, seeking damages for emotional distress, lost wages, and lost benefits caused by gender discrimination and wrongful termination. The employee’s husband claimed loss of consortium and loss of support in the same action.

HDH notified its workers’…