Plaintiff filed its Motion for Partial Summary Judgment seeking a determination that the insurer owed a duty to defend a case filed by a former employee who claimed that she was misclassified as exempt and that her emails had been improperly accessed and deleted by her employer. The dual theory on which the MSJ is based is that the EPLI policy covers both "privacy" violations and "misstatements" made to employees, and that the asserted exclusions (including those under the Fair Labor Standards Act) do not apply.
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