UTICA INSURANCE COMPANY v. RJR MAINTENANCE GROUP, INC.

6396, 110204/09.

90 A.D.3d 554 (2011)

934 N.Y.S.2d 409

2011 NY Slip Op 9193

UTICA INSURANCE COMPANY, Respondent, v. RJR MAINTENANCE GROUP, INC., et al., Defendants, and ST. JOHN'S UNIVERSITY, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 20, 2011.


The employee exclusion in the subject insurance policy unambiguously states that the insurance did not apply to "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. Accordingly, plaintiff properly disclaimed coverage based upon the status of defendant Edwards (the underlying plaintiff) as an employee of the subcontractor of RJR (the insured...

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