At the same chili supper, another volunteer, John, accidentally spills some hot chili on himself, burning his hand and ruining his shirt. John does not want to sue his church, but he wants to know if he can be compensated for his medical treatment and his shirt. Will the CGL form apply?

Indiana Subscriber

A

The CGL form has been revised recently and the revision has included the status of volunteer workers. The current CGL form automatically considers volunteers as insureds while performing duties related to the conduct of the named insured's business. However, there are limitations to this status. A volunteer is not an insured for bodily injury to the named insured, partners, or other volunteer workers while performing the duties related to the named insured's business. And, volunteers are not insureds for property damage to property owned by, used by, or in the care, custody, or control of the named insured, employees of the named insured, or any volunteer worker.

Another part of the revision makes volunteers automatically eligible for medical payments, even if the volunteer is considered an insured due to his efforts.

So, in your first scenario, Sue is an insured as a volunteer worker. She is performing duties related to the church's business and is eligible for coverage and a legal defense if she and the church are sued by the injured patron. In the second scenario, John is eligible for the med pay coverage. He was accidentally injured on the insured's premises, and there is no exclusion on the current CGL form that would prevent the coverage for John even though he may be an insured at the time of the injury. As for the shirt, John is on his own. Med pay is for bodily injury only, and he is not an insured under the church's CGL form for damage to his own property.