"Independent contractor" covered under "employer's" GL?
Posted: Wed Nov 13, 2013 1:04 pm
I'm trying to determine if a person would be covered under the GL of his "employer". We have a homeowner's association, and one of the homeowners works for the association doing maintenance type work. Normally, an employee would be an "insured" under the GL. However, the homeowner-also-doing-maintenance-work has a contract with the Association which specifies that he is an independent contractor and NOT an employee. Of course, the insurance is a separate contract and is not bound to obey this contract, but it's certainly against us here. Assuming that he is considered to be an independent contractor, would he still qualify as an insured in the event of a claim? How does this work in construction, if you hire an uninsured subcontractor? Does that sub gain GL coverage as an employee by virtue of being uninsured?
I've asked the insurance company, and while they are saying he would be "picked up as an insured sub", they won't be any more specific than that.
And then there's the complication, of course, that for claims that have nothing to do with his work, he would be an "insured" under the association's policy as a homeowner.
I've asked the insurance company, and while they are saying he would be "picked up as an insured sub", they won't be any more specific than that.
And then there's the complication, of course, that for claims that have nothing to do with his work, he would be an "insured" under the association's policy as a homeowner.