- Tennessee Appeals Court Holds “Temporary Worker” Requires that Worker be Furnished to Insured by a Third Party
- September 27, 2013 | Author: George B. Hall
- Law Firm: Phelps Dunbar LLP - New Orleans Office
The Tennessee Court of Appeals has held that in order to qualify as a “temporary worker” one must have been furnished to an insured by a third party. Lafayette Insurance Co. v. Roberts, No. W2012-02038 (Tenn. App. July 31, 2013).
The insureds hired a worker to help in the recoating of a roof on a building they owned. The worker fell and sustained injury, and sued the insureds alleging he was their employee and not an independent contractor. The insureds tendered the suit to their CGL insurer, which sought a declaratory judgment that the worker was a “temporary worker,” triggering the employer liability exclusion, and obtained a summary judgment of no coverage on that basis.
The Tennessee Court of Appeals reversed, holding that the definition of the term “temporary worker” requires that such person be “furnished to you,” which the appellate court concluded required the furnishing by a third party, which would not include the direct hiring by an insured.