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"Arising Out of Bodily Injury Sustained By An Employee Of Any Insured" Examined in NY.

July 23, 2010

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In the case of <i></i><i>Baker v. Safety Casualty</i><i></i>, American Safety insured Point Recycling. Point Recycling was a tenant in a building owned by Baker. Robert Ruiz, a Point employee, was injured working in Baker's building. He sued Baker. Baker tendered to Safety as it was a named additional insured under that policy. Safety disclaimed based upon an exclusion that barred from coverage all claims "arising out of bodily injury sustained by an employee of any insured." The trial court rejected that argument, but the 2nd Dept. reversed and found for the insurer based upon the exclusion.

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