Skip to Main Content
Services Talent Knowledge
Site Search
Menu

Alert

Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

November 1, 2009

Employee Liability Exclusion Not Against Public Policy

In Utica First Insurance Company vs. Santagata, Appellate Division, First Department, October 20, 2009, the Court affirmed an order of the lower court declaring that the plaintiff had no obligation to defend or indemnify its insureds in an underlying liability action in connection with a construction accident.

The plaintiff's liability policy included an employee exclusion excluding coverage in cases of bodily injury to an employee of the insured or an employee of a contractor hired by the insured occurring during the course of employment.

The insured attempted to circumvent the policy exclusion by arguing that such a limitation violated the public policy of the State of New York. The Appellate Court rejected the argument. "[W]hen statutes and Insurance Department regulations are silent, [courts] are reluctant to inhibit freedom of contract by finding insurance policy clauses violative of public policy***.

There is no statutory requirement for commercial liability coverage which would prohibit insurers from limiting their contractual liability in the manner done so here***."

This decision highlights the fact that an employee exclusion in a personal injury liability policy does not violate the public policy of the State of New York.

If you require further information regarding the information presented in this Legal Alert and its impact on your organization, please contact any of the members of the Practice Area.

Subscribe

Click here to sign up for alerts, blog posts, and firm news.

Featured Media

Alerts

Stay Away From the Debtor? An Overview of the Automatic Stay in Bankruptcy

Alerts

Second Department: Defendants Are Entitled to Collateral Source Hearing for "To-Be Obtained" Insurance Coverage Under the ACA

Alerts

What OMH Providers Need to Know About the Proposed Amendments to the Licensing Regulations in 14 NYCRR Part 551

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Primitivo Robles, Hannibal Wheatley, Valeria Jacobs, Marlelis Hernandez, and Omar Rodriguez—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

Hitting the Reset Button: Second Circuit Decision Highlights Significant Statute of Limitations Issues for New York Foreclosure Plaintiffs

Alerts

NYS Department of Health Publishes Adopted Cybersecurity Regulations for Hospitals

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out