HERMITAGE INS. CO. v. EVANS FLOOR SPECIALIST, INC.

11916, 100691/10.

118 A.D.3d 494 (2014)

988 N.Y.S.2d 37

2014 NY Slip Op 4235

HERMITAGE INSURANCE COMPANY, Appellant, v. EVANS FLOOR SPECIALIST, INC., Defendant, and MIGUEL LUIS et al., Respondents.

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

Decided June 12, 2014.


Plaintiff, Hermitage Insurance Company, issued a commercial general liability policy to defendant flooring contractor Evans Floor Specialist, Inc. Although the policy covered property damage and bodily injury for which the insured was held liable due to an accident, it contained an exclusion for bodily injury to an employee of the insured "arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business...

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