Day Laborer “Employee” Under Temp Agency's CGL Policy?
This loss occurred in Texas . The insured provides temporary staffing. The insured provided a day laborer to a client. This individual was provided to client with no certification to drive a forklift and that was not part of his responsibilities. In any event apparently during a break he entered the warehouse and attempted to drive a forklift (kind of a joy ride) and crashed into a pillar causing significant damages.
The service agreement with the client is brief. It indicates the insured provides payroll funding, workers comp and liability insurance and all other employer burdens. There is no hold harmless agreement.
Several questions:
1. Would this worker be considered an employee under the insured's CGL policy?
2. Could his actions not be considered in the course and scope of his employment?
3. Could the Expected or Intended Injury or Contractual liability exclusion apply?
4. Do you think this leased or temporary worker may have also be covered under the party we leased him to, if they have a standard CGL policy?
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