Beyond The Eight Corners: Additional Insureds And Workers Comp

Consider this common scenario. A subcontractor’s employee is injured on the job and sues the general contractor, an additional insured on the subcontractor’s commercial general liability (CGL) policy.

The employee does not sue the subcontractor because she is prevented from doing so under state workers compensation law.

If the employee’s complaint is silent as to the subcontractor’s fault, how does the general contractor trigger additional insured coverage under the subcontractor’s policy?

Prior to 2004, the standard Insurance Services Office, Inc. (ISO), additional insured endorsement forms provided that an additional insured was covered for liability "arising out of" the named insured’s operations.