Section 5.19 Fellow Employee

• Library: Insurance Practice 2015

Bodily injury to any fellow employee of an insured injured while on the job if the injury arises out of the use of an auto in that job. This exclusion does not apply to you with respect to injury to the fellow employee; . . .

Baker v. DePew, 860 S.W.2d 318 (Mo. banc 1993), seems, at first glance, to ignore the distinction between the previous two exclusions (in the first the insured is an employer and in the second the insured is a fellow employee). But a closer reading suggests that the Supreme Court felt that both types of exclusions had to be approved to give effect to the statutory intent—allowing an...