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WCM Wins on Employer Liability Exclusion in NJ Coverage Dispute.

April 4, 2016

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Partner Bob Cosgrove and associate Colleen Hayes were awarded summary judgment dismissing all claims in a New Jersey coverage action arising out of the alleged degloving of a construction worker.
In the case of <em>Nautilus Insurance company v. ATN, et al.</em>, the underlying plaintiff suffered degloving injuries while working at a construction site where the Nautilus insured was the general contractor.  At all times relevant to that action, the underlying plaintiff was employed by a sub-subcontractor of the insured.   
At the close of discovery, we moved for summary judgment.  We argued that based on the policy’s Injury To Employees, Contractors, Volunteers, and Other Workers Exclusion, there was no coverage available to the insured as the Policy defined "employee" to include the employees of contractors (and subcontractors) hired by the insured. The trial court agreed and held that no coverage was owed to the Nautilus insured.
For more information about this post please e-mail <a href=""target="_blank">Bob Cosgrove </a>.


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