The Employer’s Liability Exclusion (page 2 of 16 of Commercial General Liability Coverage form CG 00 01 10 01), has a statement below at the end.
“This exclusion does not apply to liability assumed by the insured under an ‘insured contract’ ”
I’m an additional insured on my neighbor’s Commercial General Liability insurance policy. They will hire a construction company who is also a Named Insured, to work on my driveway to build a new building on my neighbor’s property. The construction company also has Worker’s compensation of $1 million for each accident. My neighbor and I will have a legal access agreement signed stating neighbor is responsible for damages to my property or injuries to my tenant or myself. As per the definition in the CG form for “insured contract,” my access agreement falls in the definition listed below.
To add, the policy also has Medical Payment exclusion on page 7 of 16. No exceptions.
- ExclusionsWe will not pay expenses for “bodily injury”:
a. Any Insured
To any insured, except “volunteer workers”.
b. Hired Person
To a person hired to do work for or on behalf of
any insured or a tenant of any insured.
Question: Assuming the exclusion does not apply due to my access agreement, does this mean the policy would cover their worker (that fell on my driveway) after claiming worker’s compensation was not enough to cover their ongoing medical expense, or psychological damage or loss of income for the coming 12 months? FYI The policy does not have any over action exclusion or covers any over action.
Definition stated on the Commercial General Liability Coverage
Page 11 of 16; Section V.8.c
c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad;
Thank you!