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“The life of the law has not been logic; it has been experience.”

-Oliver Wendell Holmes, Jr.

Workers’ Compensation Carrier Has No Liability Where No Employer-Employee Relationship Exists Between Injured Party and Insured

The Second District Court held that a claim is not compensable under a Workers’ Compensation Liability policy when an insured had no employer-employee relationship with an injured person and, therefore, absent liability on the part of an employer to an employee, a workers’ compensation carrier bears no liability. 

Here, injured indoor football players filed claims for their injuries received while playing home games in Illinois.  The claims were not compensable under the Wisconsin Workers’ Compensation Act because there was no employer-employee relationship as required by the Act.  The court held that express language in the contract established that the players were not employees of the insured.  Absent facially ambiguous language, parol evidence should not be used to determine the meaning of contract provisions.  West Bend Mutual Insurance Co. v. Talton, 2013 IL App (2d) 120814, 2013 Ill. App. LEXIS 674 (2nd Dist. 2013).

Full Opinion

Categories Insurance Litigation Defense



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