|
Commercial General
Liability |
Employee Exclusion |
|
Expected Or Intended
Exclusion |
|
Midwestern Indemnity Company
(Midwestern) had issued a commercial general liability policy, which included
workers compensation coverage, to Paul Savage. While working as an employee of
Savage, David Rich was seriously and permanently injured. He received workers
compensation benefits but then filed an action for damages, alleging that his
employer knew, or should have known, that the job assigned to him would place
him in a hazardous situation that probably would result in serious injuries.
Savage referred the action to Midwestern, which denied liability and refused to
defend. (A consent judgment of $1.3 million was entered in favor of Rich
against Savage.) Midwestern then filed this action for declaratory judgment.
The policy excluded coverage
of claims for bodily injury "expected or intended from the standpoint of
the insured," and "bodily injury to an employee arising out of or in
the course of (a) employment by the insured, or (b) performing duties relating
to the conduct of the insured's business."
The trial court granted
Midwestern's motion for summary judgment and Rich appealed.
The higher court pointed out
that Rich was injured while working for Savage and was performing duties
assigned to him by the insured. The policy issued to the insured excluded
injuries such as those Rich sustained.
The judgment entered in the
trial court holding that the policy did not cover the injuries sustained by the
employee was affirmed.
Midwestern Indemnity Company
v. David Rich and Paul Savage, Appellant-No. 02CA1584-Court of Appeals of Ohio,
Second District, Darke County-October 18, 2002-778 North Eastern Reporter 2d
141