The Employee Exclusion Rides Again in New York.

In the case of Utica Insurance Company v. RJR Maintenance Group, Inc., et al., an employee of a RJR subcontractor suffered an on-the-job-injury.  Utica disclaimed coverage.  The basis for the disclaimer was an employee exclusion that barred coverage for “bodily injury to any employee of any insured, to any contractor hired or retained by or for any insured, or to any employee of such contractor sustained during the course of employment.”  The trial court affirmed the disclaimer.  An appeal resulted.  The First Department has now affirmed the trial court.

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