Classification of Worker Results in Reversal of Summary Judgment

LAFAYETTE INSURANCE COMPANY v. JERRY S. ROBERTS, ET AL.
Court: TN Court of Appeals

Attorneys:

Christopher H. Crain, Memphis, Tennessee, for the appellant, Lafayette Insurance Company.

Dean P. Dedmon, W. Lewis Jenkins, Jr., Sean P. Day, Dyersburg, Tennessee, for the appellee, Bobby Burns.

John M. Lannom, James S. Wilder, III, Dyersburg, TN, for the appellees, Jerry Roberts, Diane G. Roberts, and James P. Roberts, Jr.

Judge: HIGHERS

In this appeal we must determine whether an injured worker was an “employee” or a “temporary worker” within the meaning of a commercial general liability insurance policy. The policy excludes coverage for injuries to the insureds’ employees, but it covers injuries to “temporary workers” who are not employees, as that term is defined in the policy. The trial court granted summary judgment to the worker upon concluding that he was a “temporary worker,” and therefore covered under the policy, and it denied the insurer’s motion for summary judgment. We find that the worker was not a “temporary worker” as that term is defined by the insurance policy. Therefore, the trial court erred in granting the worker’s motion for summary judgment and denying the insurer’s motion. We reverse and remand for entry of an order granting summary judgment to the insurer.

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