 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Fieldcrest Cannon Inc. v. Fireman''s Fund Insurance Co.11/5/1996
Comprehensive General Liability Endorsement G222" which is a part of the "Comprehensive General Liability Insurance" portion of the policies, and includes items (a) through (c) of the first definition, but is silent as to discrimination.
"Bodily injury " is defined thusly: "'bodily injury' means bodily injury, sickness or disease sustained by any person which occurs during the policy period, including death at any time resulting therefrom[.]" The "Comprehensive General Liability Insurance" section of the policies provides,
The Company [(defendant Fireman's Fund)] will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of . . . bodily injury or . . . property damage to which this insurance applies, caused by an occurrence, and the Company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage even if any of the allegations of the suit are groundless, false or fraudulent, . . . .
This coverage was explicitly stated to be inapplicable "to bodily injury to any employee of the insured arising out of and in the course of employment by the insured . . . ."
A.
The Applicable Definition of "Personal Injury "
First, plaintiff argues that the second definition of personal injury (found in the "Broad Form Comprehensive General Liability Endorsement G222" portion of the policies) does not indicate that it is exclusive of the first definition (found in the "Employee Benefits Liability Insurance" section of the policies) and does not expressly remove discrimination from the concept of personal injury . As such, plaintiff contends that any ambiguity between the two definitions must be construed against the drafter, defendant Fireman's Fund. Brown v. Lumbermens Mut. Casualty Co., 326 N.C. 387, 392, 390 S.E.2d 150, 153 (1990). While it is true, as plaintiff contends, that the canons of insurance policy construction provide that an insurance policy must be given the same meaning throughout the various coverages in the absence of a clear expression therein of an intent that the term be given different meanings with reference to the different coverages in the same policy, Grant v. Insurance Co., 295 N.C. 39, 54, 243 S.E.2d 894, 904 (1978), it appears to this Court that the definition of "personal injury" under the "Employee Benefits Liability Insurance" coverage part of plaintiff's insurance policies is not applicable to the remaining coverages of the policies. The "Employee Benefits Liability Insurance" section of the policies are clearly labelled as such, and appears separate and apart from the "Broad Form Comprehensive General Liability Endorsement G222" part of plaintiff's policies. It seems clear, on the face of the policies, then, that the two definitions are exclusive of each other. Moreover, as the underlying actions do not appear to arise out of or during the course of the administration of plaintiff's employee benefits program, the definition of personal injury included therein would not work to plaintiff's advantage in this case. See Tomlin v. State Farm Mut. Auto. Liability, 290 N.W.2d 285 (Wis. 1980). We must still, however, examine whether the underlying discrimination claims fall within the applicable definition found in the "Broad Form Comprehensive General Liability Endorsement G222" section of the "Comprehensive General Liability Insurance" part of defendant Fireman's Fund's policies.
B.
Coverage for "Personal Injury " Under "Broad Form Comprehensive General Liability Endorsement G222"
While we are aware that some courts have found discrimination claims to be ak
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 North Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|