Employer's Liability Exclusion and Injury to Child of Employee

The claimant in this situation is the child of an employee of our insured. She was injured after she fell on the insured's premises. We are wondering if the employer's liability exclusion in the CGL form would be applicable to the claim.

Florida Subscriber

The employer's liability exclusion will not apply to the claim by the child. That exclusion refers to consequential injury to a spouse or child as a result of bodily injury to the employee. In this instance, the injury was a direct injury suffered by the child, not as a consequence from the injury to the employee. So, if the insured is liable for the injury, there is no exclusion to prevent coverage.