TT&H Attorney Matthew Clayberger Wins Appeal, Affirming the Entry of Summary Judgment in Connection With an Insurance Coverage Declaratory Judgment Action

TT&H Attorney Matthew Clayberger represented an insurance company that issued a commercial general liability policy to a local roofing contractor.  An individual working under-the-table for the roofing contractor was injured in a roof collapse.  The worker filed a civil lawsuit against the contractor, since the contractor did not maintain workers’ compensation insurance.  The roofing contractor subsequently sought coverage under its commercial general liability policy.  However, the insurance policy contained an “Employer’s Liability” exclusion stating that the policy would not cover claims for bodily injuries sustained by employees while in the course and scope of their work.

Attorney Clayberger initiated a declaratory judgment action on behalf of the insurance company, arguing that the insurer had no duty to provide coverage to the roofing contractor in the personal injury lawsuit filed by the injured worker.  The roofing contractor took the position that the worker was not an employee and was instead either a “casual worker” or a volunteer.  After completing discovery, Attorney Clayberger filed a Motion for summary judgment, arguing that the factual record established that the injured worker was an employee and, therefore, the “Employer’s Liability” exclusion operated to preclude coverage for the roofing contractor.  After the Trial Court granted the Motion, the roofing contractor took an appeal to the Superior Court.  Following Briefs from both parties, the Superior Court recently issued an Order affirming the entry of summary judgment in favor of Attorney Clayberger’s client.

Questions about this case can be directed to Matthew Clayberger at (717) 237-7150 or mclayberger@tthlaw.com.