Volunteers as Insureds

December 27, 2010

The CGL form states that volunteers are insureds while performing duties related to the conduct of the named insured's business. The form also declares that volunteers are not considered as insureds for bodily injury or personal and advertising injury to the named insured, partners, members, co-employees, or other volunteer workers.

The question is: if the named insured, partners, or members cause injury to a volunteer worker, and the volunteer sues, does the CGL form provide coverage for the named insured, partners, or members?

Tennessee Subscriber

The CGL form will provide coverage. The clauses in the form about volunteer workers not being insureds apply only to them (and employees). The named insured, partners, and members are not included in the clauses that deny coverage for a volunteer for bodily injury or personal and advertising injury. Moreover, the separation of insureds clause makes the insurance applicable separately to each insured, so unless there is some other clause or some exclusion that limits coverage for the named insured who causes BI to a volunteer, a claim is going to be covered.

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