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Reese v. United States Fire Insurance Co.6/30/2005
in the "Employee Indemnification and Employer's Liability" exclusion and the subsequent absence of family members' claims in the "Fellow Employee" exclusion should be strictly construed against USF and in favor of Mizer.
As the insurer, USF was in the position to draft an insurance contract that specifically precluded claims by family members under the "Fellow Employee" exclusion. USF could have eliminated this ambiguity by specifically precluding family members' claims under both the "Fellow Employee" exclusion and the "Employee Indemnification and Employer's Liability" exclusion. Because of USF's failure to specifically preclude family members' claims under the "Fellow Employee" exclusion, the trial court did not err in entering judgment against USF.
Point II is denied.
Conclusion
For the foregoing reasons, the judgment of the trial court is affirmed.
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