2d DCA Rules that Comprehensive Liability Exclusion for Injuries to Children Ambiguous

In NORTH POINTE CASUALTY INSURANCE COMPANY v. M & S TRACTOR SERVICES, INC., 36 Fla. L. Weekly D1365a (Fla. 2d DCA June 24, 2011), the Second District Court of Appeals of Florida has found that insurance policy which states that it does not apply to “ ‘Bodily Injury' sustained by the spouse, child, parent, brother or sister of any employee of any insured, or of a contractor, or of an employee of a contractor of any insured as a consequence of ‘bodily injury' to such employee, contractor, or employee of such contractor, arising out of and in the course of such employment or retention by or for any insured” was properly found by trial court to be ambiguous. The court further found that the trial court properly found that coverage was not excluded for injuries to the son of an employee of the named insured who was injured when he fell from a tractor being operated by the employee in the course and scope of his employment with the named insured.

North Pointe issued this policy relying on ISO standard forms. The main section of the policy is identified as CG-00-001-12-04 under a 2003 copyright. The critical endorsement, entitled “Exclusion of Injury to Employees, Contractors and Employees of Contractors,” is identified as NP-08-16-02-06. I have considered this policy language is several coverage matters and have been of the opinion that the Florida courts would find this clause ambiguous. Unfortunately, I have been proven correct.

If you are interested in receiving a full copy of this decision, please write me at miamipandi@comcast.net, motero@houckanderson.com or via LinkedIn at

http://www.linkedin.com/in/michelleoterovaldes.

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