January 21, 2008 Source:
WorkInjury.com
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CA/2:
Carrier Not Obliged to Investigate Worker's Status If No WC Coverage
In this unpublished case, Cutter v. Greenwich Ins., the Second District rejected the contention that, even if an insurance policy with an employer specifically excludes workers' compensation and bodily injury coverage, an insurance company must still investigate and defend any such claim on behalf of its insured.
The insurance policy at issue clearly stated that there was no coverage for workers' compensation or personal injuries. And the lawsuit against the insured employer even admitted that the claimant was an employee of the employer when he was injured on the job.
But the claimant's assignee nevertheless argued that the carrier was obligated to investigate and defend the insured so the issue of whether the claimant was an independent contractor could be raised.
The Court said the carrier had no obligation to investigate (or defend) beyond what the policy says is covered.
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