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OCIP has an exclusion that voids plan
#1


Hello, does anyone have a case where they draw WC and they worked for a subcontractor and were injured at the owner/operator/contractor facility. The injury arose out of work performed directly from the owner's employee and in the insurance policy, there is an exclusion that denies coverage if any case arises out of work performed directly from the owner's employees?
 
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#2
You might want to actually post some details about a specific case, rather than a question of whether somebody else has experienced something. You'll get more specific responses.
DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
 
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#3
(11-15-2011, 05:09 PM)danitaw63 Wrote:

Hello, does anyone have a case where they draw WC and they worked for a subcontractor and were injured at the owner/operator/contractor facility. The injury arose out of work performed directly from the owner's employee and in the insurance policy, there is an exclusion that denies coverage if any case arises out of work performed directly from the owner's employees?


workers' comp laws vary by state so there could be many answers.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#4
The actual event was , my husband worked for a subcontractor and was under an OCIP (Ownwer Controlled Insurance Policy) with the subcontractor and the contractor/on premise owner and he was involved in a major chemical release of epichlorohydrin. The OCIP has an exclusion that states" This policy will not cover any case that shall arise directly from the work performed by a contractor/owner employee. The accidental release was done solely by an owner employee and has been found to be so by OSHA. We have now filed a third party suit here in Texas. I was wondering if anyone has dealt with anything similar.
 
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#5
(11-15-2011, 06:06 PM)LeglEgl Wrote: You might want to actually post some details about a specific case, rather than a question of whether somebody else has experienced something. You'll get more specific responses.



RE: OCIP has an exclusion that voids plan
The actual event was , my husband worked for a subcontractor and was under an OCIP (Ownwer Controlled Insurance Policy) with the subcontractor and the contractor/on premise owner and he was involved in a major chemical release of epichlorohydrin. The OCIP has an exclusion that states" This policy will not cover any case that shall arise directly from the work performed by a contractor/owner employee. The accidental release was done solely by an owner employee and has been found to be so by OSHA. We have now filed a third party suit here in Texas. I was wondering if anyone has dealt with anything similar

(11-18-2011, 10:10 AM)danitaw63 Wrote:
(11-15-2011, 06:06 PM)LeglEgl Wrote: You might want to actually post some details about a specific case, rather than a question of whether somebody else has experienced something. You'll get more specific responses.



RE: OCIP has an exclusion that voids plan
The actual event was , my husband worked for a subcontractor and was under an OCIP (Ownwer Controlled Insurance Policy) with the subcontractor and the contractor/on premise owner and he was involved in a major chemical release of epichlorohydrin. The OCIP has an exclusion that states" This policy will not cover any case that shall arise directly from the work performed by a contractor/owner employee. The accidental release was done solely by an owner employee and has been found to be so by OSHA. We have now filed a third party suit here in Texas. I was wondering if anyone has dealt with anything similar


One more thing, my husband accepted workman's comp from his employer but never was aware of an OCIP as all his paperwork pertains solely to his employer.
 
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