Utica Insurance v. RJR Maintenance Group, Inc.

The employee exclusion in the subject insurance policy unambiguously states that the insurance did not apply to “bodily injury to any employee of any insured, to any contractor hired or retained by or for any insured, or to any employee of such contractor” sustained during the course of employment. Accordingly, plaintiff properly disclaimed coverage based upon the status of defendant Edwards (the underlying plaintiff) as an employee of the subcontractor of RJR (the insured) at the time *555of the alleged accident (see 385 Third Ave. Assoc., L.P. v Metropolitan Metals Corp., 81 AD3d 475, 476…