Our insured is a contractor and two of its employees got into a fight at the job site; the foreman broke up the fight and fired both employees. Then, the superintendent came along and upheld the firing of the one employee but reinstated the other. This led to a fight between the superintendent and the fired worker in which the superintendent was injured. The superintendent then filed a workers compensation claim but the insurer denied coverage. We believe that the superintendent started the fight in which he was injured, but the insurer has not stated clearly if that was the reason for the denial.

In any case, the injured superintendent has now filed a lawsuit against our insured. The workers comp carrier has stated that it will not provide a defense. We reported this claim to the insured's general liability carrier and it too has denied any coverage or defense, citing the employer's liability exclusion under the CGL form. Please give us your thoughts as to where coverage for our insured is available.

Tennessee Subscriber.