Catlin Specialty Ins. Co. v. Cohen et al. (U.S. District Court M.D. Fla. 2012)
This case involved a dispute over the application of an independent contractor exclusion in a commercial general liability (“CGL”) policy. In the underlying state court action, the insured commercial property owner was sued for wrongful death when a man fell to his death from a roof on the premises. The decedent, a security camera installer, had been on the premises in order to take various measurements in order to properly install security cameras in accordance with a contract he had entered into with the insured property owner.
The insured first attempted to argue that the decedent was an unauthorized trespasser since he had ascended the roof without permission. The court rejected this claim, finding that the record established that there had been no prohibition against the decedent’s ascending the roof without permission. The insured then attempted to argue that the decedent was not yet an independent contractor, but was actually a mere business invitee. The explanation offered was that, at the time of his death, the decedent had not yet provided proof of insurance, as contemplated by the camera installation contract.
The court emphasized, however, that under the contract proof of insurance was not required on or before any stated time. Ultimately, the court entered judgment in the insurer’s favor, finding that because the decedent qualified as an independent contractor, the policy exclusion applied.
Florida Insurance Coverage Law 