Employers Liability Exclusion – How Does It Apply?

Q

To capsulize the facts, a seven months' pregnant woman was struck by a patient while working in a nursing home. The fetus, a viable plaintiff, was injured. The carrier cites the employers liability exclusion on the CGL form to exclude injury to the child, saying that the injury arose out of and in the course of the mother's employment by the insured. We maintain that the injury was incidental to her employment and that the intent of the exclusion is to exclude from liability coverage collateral losses, such as loss of care and services and loss of consortium, not direct injuries to the spouse or child of the employee.