Are insurance underwriters entitled to overtime pay?

We’ve written about mortgage loan underwriters and how the 2d Circuit ruled that they get overtime pay.  But what about insurance underwriters?

There is presently a case pending in the District of Connecticut which makes this claim.  In Graves v. Chubb & Sons, Inc., a former insurance underwriter claims that he was primarily performing non-exempt work and should not have been denied overtime pay.

The only case we’ve found on this topic comes out of Mississippi.  In Edwards v. Audobon Insurance Group, Inc., the Southern District of Mississippi ruled that Edwards’ work as an insurance underwriter was exempt administrative work.  (2004 wl 3119911).

We disagree.  We think that insurance underwriters who primarily process insurance applications and apply underwriting guidelines are product workers, just like Davis was an underwriter at JP Morgan!

We wish good luck to Mr. Graves and his attorneys.  If he wins, perhaps the insurance industry will have to change its ways!

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