The Exclusion That Wasn't

A landlord's tenant leases warehouse space, promises to name the landlord as an additional insured, and buys a commercial general liability policy to do it. The tenant's own employee is then badly hurt on the premises and sues the landlord. Does the tenant's CGL carrier owe the landlord a defense and indemnity, or do the policy's employee and workers' compensation exclusions wipe out coverage? In SL 10 Park Place, LLC v. Utica National Insurance Group, the Appellate Division answered squarely for the additional insured, and in doing so drew a bright line that every workers' compensation practitioner should understand.