Arthur Kill Power, LLC v. American Casualty Safety Insurance

Tom, J.P., and Román, J.,

dissent in part in a memorandum by Román, J., as follows: To the extent the majority concludes that plaintiff Arthur Kill Power, LLC is not entitled to coverage under defendant’s insurance policy because of the “Employer’s Liability Exclusion” contained within defendant’s policy, I respectfully dissent.

Whether plaintiff is entitled to coverage under defendant’s insurance policy, and indeed whether the abovementioned exclusion applies is, under Georgia law, “a matter of contract and the parties to the contract of insurance are bound by its plain and unambiguous terms”…