A

We believe that the CGL form excludes any coverage for this lawsuit. The employers liability exclusion applies to bodily injury to an employee arising out of and in the course of employment by the insured. That is what happened in this case and the fact that the injured worker is now a former employee does not make any difference. The insured as the employer is not covered for this lawsuit. As for the son, he is not covered either because he is not even an insured, since an employee is not an insured for bodily injury to a co-employee who is injured in the course of employment.

The insured should look to his workers compensation and employers liability policy for coverage. Employers liability insurance applies to all sums that the insured legally must pay as damages because of bodily injury to employees injured in the course of employment; defense coverage is also included in this insurance. However, this coverage extends only to the employer and not the employer's son. The employer named on the WC policy's information page is the insured, so unless the son is also named as an insured on the information page, he has no coverage under the workers compensation and employers liability insurance policy.