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.
