Judge: Bad Faith Suit Subject To Stay Pending Workers’ Compensation Action

Mealey's (August 31, 2016, 2:16 PM EDT) -- RUTLAND, Vt. — An insured’s bad faith lawsuit against her former employer’s workers’ compensation insurance provider is subject to the primary jurisdiction doctrine and, thus, is subject to a stay pending the outcome of the insured’s workers’ compensation proceedings with the Vermont Department of Labor (DOL), a federal judge in Vermont ruled Aug. 26 (Annemieke Graven Meau v. Sentry Casualty Co., No. 15-67, D. Vt.; 2016 U.S. Dist. LEXIS 113653)....