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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.

However, the family of O'Reagan, an unlicensed independent contractor, filed a lawsuit blaming the grocery store and other insured parties for negligently hiring him. The complaint alleges that the store’s failure to take proper safety precautions led to O'Reagan's fatal electrocution while performing contracted work. Additionally, the family claims that the store negligently failed to warn O'Reagan about the dangers associated with his tasks.

The insurer argued that, based on Wenjest's misrepresentation regarding independent contractors, no coverage is owed for the claims in the underlying case. Lyndon Southern further requested the court to award any attorney fees and related costs associated with the lawsuit.

Representatives for the involved parties did not immediately respond to requests for comment.

Lyndon Southern is represented by Lisa M. Wilson of Wilson Elser Moskowitz Edelman & Dicker LLP.

The case is Lyndon Southern Insurance Co. v. Williams Grocery Inc. et al., case number 5:25-cv-00038, in the U.S. District Court for the Western District of Oklahoma.