What it does
The business auto, motor carrier and auto dealers forms exclude bodily injury to a fellow employee of the insured arising out of the fellow employee's employment. The exclusion protects the insurer from employee-versus-employee suits that workers compensation is meant to handle. CA 20 55 simply states that the Fellow Employee Exclusion under Covered Autos Liability Coverage does not apply.
Who needs it
Employers that transport crews (construction, landscaping, agriculture, utility work) or where an injured worker can sue a co-worker who was driving. Where state law permits a co-employee suit, workers compensation exclusivity may protect the employer but not the driving employee.
Key points
- It removes the exclusion for all employees. To restore coverage only for specific people or positions, use CA 20 56.
- The employee injury (employer's liability) exclusion still applies to the employer itself; this endorsement protects the co-employee driver who is an insured.
Quoting and selling notes
Ask whether employees ride together and whether the state permits co-employee negligence claims. The cost is usually modest compared with the defense cost of an uncovered suit against a driver.
