Q
An employee of the insured operates the insured's tractor-trailer while performing duties related to the conduct of the insured's business. The employee has an accident and his wife, who is not an employee of the insured, is in the sleeper compartment of the vehicle when the accident occurs and she is killed. The estate for the decedent seeks damages due to her death.
Upon reviewing the truckers coverage form, CA 00 12 10 01, it appears that exclusion 4.b. prevents coverage for bodily injury to the spouse of the employee. The exclusion states that if the spouse's injuries arose out of the employee's employment by the insured, or out of the employee's performing duties related to the conduct of the insured's business, there is no coverage afforded. It is my belief that this exclusion applies to the estate's claim. What is your opinion?
New Jersey Subscriber
A
We believe that the exclusion would not apply to the situation as described in your scenario. You stated that the employee's wife was killed in an auto accident while the employee was driving a company vehicle. Exclusion 4.b. of the truckers form applies to bodily injury suffered by a spouse as a consequence of bodily injury to an employee of the insured arising out of and in the course of employment. The exclusion does not speak to a direct injury to the spouse, only a consequential one. The purpose of the exclusion is to prevent the insured's truckers form from paying for a loss that should be handled under a workers compensation policy. In this case, the spouse directly suffered fatal injuries as a result of the accident, and if the insured is liable for those injuries, the truckers coverage form will respond to the estate's claim.
This premium content is locked for FC&S Coverage Interpretation Subscribers
Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.
- Quality content from industry experts with over 60 years insurance experience, combined
- Customizable alerts of changes in relevant policies and trends
- Search and navigate Q&As to find answers to your specific questions
- Filter by article, discussion, analysis and more to find the exact information you’re looking for
- Continually updated to bring you the latest reports, trending topics, and coverage analysis
Already have an account? Sign In Now
For enterprise-wide or corporate access, please contact our Sales Department at 1-800-543-0874 or email [email protected]