C-IV.B · Commercial Casualty Insurance
CGL exclusions: intended injury, liquor, workers' comp, employment practices
Expected or intended injury: the CGL excludes bodily injury or property damage expected or intended from the standpoint of the insured. One exception: bodily injury from the use of reasonable force to protect persons or property, such as a store guard stopping an attack. Carelessness is the accident a CGL exists to cover, so it does not trigger this exclusion. California adds a statute: under Insurance Code §533, an insurer is not liable for a loss caused by the wilful act of the insured, but it is not exonerated by the negligence of the insured or of the insured's agents or others. A deliberately set fire is outside coverage; a careless kitchen fire is not.
Liquor liability: the exclusion applies only to an insured in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. Letting guests bring their own alcohol, with or without a fee, is not by itself that business. So a bar, winery or caterer needs separate liquor liability coverage, while an accounting firm pouring free wine at a client party is not excluded. Whether that firm is liable at all is a separate question; California's social host rule in Civil Code §1714(c) generally shields such hosts.
Workers' compensation and employers liability: the CGL excludes any obligation under a workers' compensation or similar law, and bodily injury to the insured's employee arising out of employment. Those belong under a workers' compensation and employers liability policy. Under Labor Code §3602(a), where the conditions of compensation are met, compensation is generally the employee's exclusive remedy against the employer.
Employment practices: the ISO Employment-Related Practices Exclusion endorsement (CG 21 47) adds exclusions to Coverages A and B for injury arising from refusal to employ, termination, or employment-related practices such as harassment, discrimination, humiliation and defamation, whether before, during or after employment. Employment practices liability insurance (EPLI) is designed for these claims.
Remember
· Intended injury excluded, except reasonable force to protect people or property.
· Liquor exclusion hits only insureds in the alcohol business.
· Employee injuries → workers' comp; employment practices → EPLI.
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