In ExxonMobil v. Lexington Insurance, petitioners urged the court to interpret ‘employee’ by the policy’s plain language and not by workers’‑comp statutes; respondents said reading exclusions together and the OSIP context shows Exxon’s torts are not covered. The court submitted the case for decision after extended questioning about control, settlements and industry practice.

In Morris v. Old Republic Insurance Co., counsel disputed how to calculate a workers'compensation carrier's subrogation lien when plaintiffs settled with some defendants and a jury later apportioned responsibility; the Court of Appeals'to-trial split over whether settlement credits should reduce the carrier's lien and how the statute's judgment-reduction language applies.