Workers' Comp: CGL vs. Workers’ Comp 1B - Coverage In Construction Cases

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The question as to the applicability of CGL and/or 1B Coverage in any given case remains a fertile ground for dispute. The 1B Coverage generally provides liability coverage for bodily injury sustained by an employee, excluding coverage of the employer for contractual indemnity but covering it for common law indemnity or contribution. The CGL coverage covers the employer for contractual indemnity but excludes coverage for common law indemnity or contribution.

Generally, both common law and contractual claims are asserted against the employer. While the two policies cover different types of liability, in Labor Law cases a common scenario arises in which both policies apply.

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