Charles Beseler Co. v. O'Gorman & Young, Inc.

I

This appeal involves interpretation of an exclusion contained in the liability portion of an employer’s Workers’ Compensation and Employers Liability Insurance Policy (Policy). The facts involved are these.

Malden A. Homar was an employee of Liberty Bureau Steel, a division of the Charles Beseler Company (collectively, Beseler). On Homar’s first day at Beseler, he was assigned to work on a large press brake machine, which bends metal into library shelves. Tragically, the machine compressed unexpectedly and amputated eight of his fingers.

Homar filed workers’ compensation and common-law claims…