Employers Liability Exclusion under CGL Form

In a claim where a doctor is suing a hospital because the latter negligently suspended the doctor's privileges in that hospital, can the employers liability exclusion on the CGL form apply?

Florida Subscriber

The employers liability exclusion on the CGL form applies to bodily injury claims (coverage A) to an employee of the insured. Suspending medical privileges is not bodily injury as the term is defined on the CGL form, so that exclusion is not applicable.

As for a personal injury claim (coverage B), there is no employers liability exclusion that would affect coverage. However, personal injury is a defined term and the claim has to fit into one of the definitions of personal injury found on the CGL form. Suspending medical privileges is not part of the definition of personal injury, but if there is slander or libel involved, these are included in the definition. If the claim against the insured involves one or both of these items, the insurer would at the very least owe the insured defense.

There are exclusions in the coverage B part of the CGL form, of course, and these would have to be reviewed to see if any of them would apply in this situation.

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