In an historic recent court case, an executive was convicted of murder on the grounds that the company’s failure to adopt accident prevention and safety measures resulted in the deaths of seven workers in 2007.

The conviction of the ThyssenKrupp executive marks a turning point in the Italian case-law, as it is the first time that workplace deaths resulted in murder charges and a conviction.

 “The charge was ‘willful murder’ for single managers, and the civil action associated with the penal action allows families to claim damages to the company,” noted Roberto Greco, managing director, Marsh Italy.  “The Italian employers’ liability (EL) policy wording typically includes liability coverage (even with malice/willful intent) for third parties, as well as personal liability coverage for managers and employees.

In the event of a civil trial, a company’s liability would be covered by the EL cover—as it differs from a penal trial in that the company is represented as a “person” separate from single managers and employees.

Marsh Italy is monitoring the civil trial and its implications for insurance liability.