CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - THURSDAY, NOVEMBER 20, 2025

Employer’s Liability Exclusion Bars Coverage

Scaffold worker at sunset

The court held the policy’s Employer’s Liability Exclusion precluded coverage for the injured individual who was deemed to be an employee of the insured.

November 18, 2025
Tred R. Eyerly - Insurance Law Hawaii

The court held the policy’s Employer’s Liability Exclusion precluded coverage for the injured individual who was deemed to be an employee of the insured. Craft v. Access L.L.C., 2025 U.S. Dist. LEXIS 179794 (W.D. La. Sept. 2, 2025).

Charles Craft worked for FL Crane & Sons, Inc.. The general contractor of the project, Lemoine Company, LLC, hired FL Crane to do work on the project. Lemoine rented a crane from Morrow Equipment Company, LLC, and hired a crane operator from Skyhook Ops, LLC. Burlington was Skyhook’s insurer.

Craft claimed his left arm was injured while working atop a scaffolding when Skyhook caused the scaffolding system to be pulled apart when operating a crane.

Mr. Eyerly may be contacted at te@hawaiilawyer.com


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