Weber Gallagher Simpson Stapleton Fires & Newby LLP

April 28, 2011 : Andrew L. Indeck and Anthony P. Seijas Obtain Summary Judgment in Coverage Case

The case involved an insurance coverage dispute and the underlying bodily injury claim. The Defendant insurance company issued a Comprehensive General Liability Policy to the Plaintiff's employer, a temporary staffing firm. The staffing firm entered into a contract with an employer to staff a temporary worker. The contract contained a clause that stated that the staffing firm would provide insurance for the employer, but had a number of exclusions, namely, that it did not cover employees.

The Plaintiff was injured in the course of his employment. The employer sought coverage under the insurance policy by virtue of its contract with the staffing agency. At the conclusion of discovery, we moved for summary judgment based upon the language of the policy, the contract and prevailing case law. The court ultimately agreed with our analysis that there could be no coverage for the Plaintiff because the definition of "employee" included employees of either the staffing firm or the employer, regardless of whether the Plaintiff was a temporary employee of the employer or an employee of the staffing firm. The court also agreed with our other arguments as well, namely, that a CGL policy normally covers the negligence of employees, not the injuries of employees.