Tred R. Eyerly | Insurance Law Hawaii
The court granted summary judgment to the insurer based upon an endorsement which barred coverage for injuries to employees. Northfield Ins. Co. v. Z&J Mgt. LLC, 2020 N.Y. Misc. LEXIS 10801 (N.Y. Sup. Ct. Dec. 18, 2020).
Ravi Sooklal sued his employer, Z&J Management LLC (Z&J), for injuries at the job site. Northfield, who had issued a CGL policy to Z&L, denied coverage based upon two endorsements. The first was titled “Injury to Employees of Insureds” and the second was “Employers’ Liability.” Northfield sued for a declaratory judgment and now moved for summary judgment.
Northfield argued Sooklal was injured during the course of his employment with Z&J. Under the “Employer’s Liability” exclusion, the policy did not apply to bodily injury to an employee of the insured arising out of and in the course of employment by the insured. Under the”Contracted Persons” exclusion there was no coverage for bodily injury to any person who was an employee and the injury arose out of employment by the insured.
Northfield met its burden of establishing that the exclusions applied in this case. Under the “Employer’s Liability” and “Contracted Persons” exclusions, the policy did not apply to bodily injury to employees of the insured. Therefore, summary judgment was awarded to Northfield.