Employer’s Liability Exclusion Jenny lee asked 5 months ago
Employer’s Liability Exclusion

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.

  1. 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!

1 Answers
Answer for Employer’s Liability Exclusion United Policyholders Staff answered 4 months ago

Dear Jenny,

We consulted with a volunteer New York-based attorney to get an answer to your question. However, we have learned that your question would require considerable research in order to respond correctly, which is more work than is appropriate to ask a legal professional who is volunteering their time to do. Since United Policyholders is not able to provide individual policy review or legal advice, unfortunately we are unable to provide you with an answer that would offer good advice on how to resolve your situation.

You can visit our Find Help page to find an attorney who supports our mission and is experienced in insurance matters. You can select your state and then choose “attorney, legal help” from the dropdown menu.

Sorry not to be able to provide a more comprehensive answer, but this is really a question for an attorney. Good luck.