Insurer Denies Coverage for Electrocution Death, Cites Misrepresentation

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NJ Judge County Line Nixing

Lyndon Southern Insurance Co. is seeking to avoid covering a lawsuit filed by the family of a man who died while performing electrical work at an Oklahoma grocery store, arguing that the store misrepresented its use of independent contractors when applying for insurance coverage.

In a complaint filed Thursday, Lyndon Southern stated that it should not be required to cover the litigation brought by the family of Michael O’Reagan Jr., who was electrocuted and killed in 2023 while working at a Tuttle, Oklahoma grocery store owned by the defendants.

Lyndon Southern issued a policy to Wenjest Corp., Williams Grocery Inc., and Williams Foods Inc. that covered the period from Sept. 1, 2022, to Sept. 1, 2023. According to the insurer, when Wenjest applied for commercial general liability and umbrella coverage in 2022, it specifically stated that it did not hire independent contractors. The application confirmed that Wenjest only worked with licensed, bonded, and insured companies for specialized services, including electricians.

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