Supreme Court Reviews Missouri Work Injury Wrongful Death Case
The Missouri Supreme Court recently held that business insurance coverage applied to the wrongful death of a man who was employed privately by the owner outside of the business.
October 16, 2012
After a workplace injury or fatality, many legal issues can arise, including eligibility for workers' compensation benefits and whether a contractor or other third party is also liable for a worker's injury. The key issue in the aftermath of a recent Missouri wrongful death case had nothing to do with issues of liability, but instead addressed whether an employee's death was covered under a business owner's insurance policy.The Missouri Supreme Court recently resolved this issue in Mendenhall v. Hartford Insurance by holding that business insurance coverage applied to the wrongful death of a man who was employed privately by the business owner. The case involved a farmhand who was killed when the truck he was unloading overturned and crushed him.
The worker's wife filed a wrongful death claim and received a nearly $900,000 judgment against the business owner. One key fact in the case: the man had originally applied for a position at the business owner's Missouri farm and ranch store, and had been recommended by the store's management to the business owner as a good candidate to work on his private cattle ranch. While the farmhand was paid personally by the owner of the business for work performed on the ranch, he frequently used a truck and trailer owned by the farm and ranch store.
The parties had negotiated an agreement providing that the judgment was to be paid by a Hartford business liability policy that covered the truck. However, in a subsequent action by the plaintiff to collect on the judgment, the trial court found that Hartford did not have to pay because the farmhand was subject to exclusionary language in the insurance policy.
Interpretations of insurance policies often involve complex language riddled with potential ambiguities. In this case, the final resolution depended on a subtle interpretation of whether the farmhand had been "furnished" to the owner by his own business. The Supreme Court agreed that he was, and held that the wrongful death was covered by the business owner's insurance policy.
Litigation of Complex Work Injury Issues
Whether the primary issues revolve around the extent of a worker's injuries under a workers' compensation claim or the potential liability of a non-employer, work injury cases often require close scrutiny of the law and creative interpretations of statutes, cases and policy documents. A Missouri personal injury attorney can explain the legal landscape, the likelihood of settlement and a client's prospects for success on appeal.
Article provided by Adler & Manson
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