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A worker engaged to assist the owners of a commercial building with the recoating of the building’s roof was an “employee” and not a “temporary worker” within the meaning of a commercial general liability policy,” held a Tennessee appellate court recently. Owners of a commercial building engaged Burns to assist with roof recoating at the site. He fell from the roof and sustained serious injuries. He filed suit, contending he was the owners’ employee and not an independent contractor. The owners had a general liability insurance policy with Lafayette that excluded coverage for injuries to employees, but covered injuries to “temporary workers.” Reversing summary judgment that had found that Burns was a temporary worker, the appellate court indicated that a policy clause defined a “temporary worker” as “a person who is furnished to you [the policy holder]. The definition suggested the involvement of a third party who provided a temporary worker to the insured. Lafayette had no duty to defend or indemnify the owners for damages that might be awarded against them by Burns.
Reported by Thomas A. Robinson, J.D.
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See Lafayettte Ins. Co. v. Roberts, 2013 Tenn. App. LEXIS 489 (July 31, 2013) [2013 Tenn. App. LEXIS 489 (July 31, 2013)]
See generally Larson’s Workers’ Compensation Law, § 73.02 [73.02]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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