Section 10.11 Exclusions d and e—Workers’ Compensation and Injury to Employee

• Library: Insurance Practice 2015

The CGL policy does not cover the obligation of the insured under a workers’ compensation policy, and it does not provide coverage for bodily injury to an employee of the insured arising out of the employment. The exclusion does not apply to liability assumed by the insured under an “insured contract.” The policy definition of insured includes employees, but no employee is an insured for “bodily injury” or “personal injury” to a co-employee. The courts have generally held that injury to employee exclusions are not ambiguous. City of Knob Noster, Mo. v. Cas. Indem. Exch., 769 S.W.2d 842 (Mo. App. W.D. 1989) (an elected marshall is an employee of the city and the exclusion applies); Interco Inc. v. Mission Ins. Co., 808 F.2d 682 (8^th Cir. 1987). Whether a person is an...