Now, Kinsale is asking the federal court docket to step in. The insurer says its insurance policies with TCS – an environmental mixed legal responsibility coverage and an extra legal responsibility coverage – don’t cowl the accident, irrespective of the way you slice it. Kinsale factors to 2 key coverage exclusions. First, there’s the employer’s legal responsibility exclusion, which says there’s no protection for accidents to workers whereas they’re working. Second, there’s an exclusion for unbiased contractors, which kicks in except the contractor met a number of insurance coverage and paperwork necessities. Based on Kinsale, Gamboa didn’t meet these necessities – he didn’t have his personal insurance coverage with matching limits, didn’t add TCS as an extra insured, and didn’t signal a maintain innocent settlement.
