General Liability Carrier Must Indemnify Employer for Worker's Death

A general liability insurance carrier had a duty to indemnify a Texas construction company in a $15 million wrongful death claim filed by the family of one of its workers since the decedent was an independent contractor, a federal appellate court ruled. The U.S. 5th District Court of Appeals on Friday concluded that Davis Construction did not exert enough influence over Jorge Serrato for him to qualify as an employee under Texas law, so the Mid-Continent Casualty Co. insurance policy exclusions for workers' compensation obligations were inapplicable. The case was Mid-Continent Casualty Co....