Case Explained: INSURANCE COMPANY OF THE WEST Plaintiff/Counter v. HIGH PERFORMANCE ALLOYS, INC Defendant/Counter

Court: United States Court of Appeals for the Seventh Circuit Filed: 2026-08-04 The Seventh Circuit affirmed the district court’s grant of summary judgment in favor of Insurance Company of the West (ICW), holding that it has no duty to defend or indemnify High Performance Alloys, Inc. (HPA) under its Employers Liability Insurance Policy for a wrongful death suit brought by an employee’s estate. The court applied Indiana law, specifically the Indiana Worker’s Compensation Act and the precedent set in *Baker v. Westinghouse*, which establishes that the Act is the exclusive remedy for workplace injuries occurring “by accident.” The court reasoned that the underlying complaint alleged either gross negligence or reckless disregard of known dangers, which does not constitute the “actual intent” or “actual knowledge that an injury is certain to occur” required to bypass the Act’s exclusivity. Consequently, the claim falls within the Policy’s exclusion for obligations imposed by workers’ compensation law. Alternatively, if the allegations were construed as intentional torts, they would be barred by the Policy’s exclusion for bodily injury intentionally caused or aggravated by the insured, as such injuries are not accidental. The court also denied HPA’s request to certify questions to the Indiana Supreme Court, finding that existing precedent provided a clear path to resolve the dispute without necessitating new state law pronouncements. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.