Court Upholds “employee Exclusion” In Worksite Accident Claim

In a case approved for publication on May 18, 2012, the Appellate Division reversed a trial court determination that required a commercial general liability policy to cover the general contractor in the situation were a subcontractor’s employee was fatally injured in a worksite accident.

In Estate of Gabriele v. Lyndhurst Residential Communities, et al. v. International Insurance of Hanover, the Appellate Division reversed the trial court’s determination and found that the “employee exclusion” precluded coverage to the general contractor.

The decedent was employed as a foreman by Bravante Sprinkler, which had been hired to perform work at a commercial industrial site. A pallet fell off the sixth floor of a building, striking and crushing the decedent. The decedent’s estate brought an action against the general contractor, the owner, and multiple subcontractors involved in the work. Ultimately, the case settled for approximately $7.5 million dollars.

Date Published: March 1, 2017

Written by: Cooper Levenson, P.A.

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