On November 27, 2013, in a 5-4 decision,
the Washington Supreme Court ruled that a commercial general liability policy
issued to a general partnership, ABCD Marine, LLC (“ABCD”), did not provide
coverage for bodily injury suffered by one of its general partners while he was
working as an independent contractor for Northland Services Inc. (“NSI”). Int’l
Marine Underwriters v. ABCD Marine, LLC, No. 87231-7, __Wn.2d__, __P.3d __
(Nov. 27, 2013).
ABCD’s liability policy excluded
coverage of liability ABCD contractually assumed, but exempted from that
exclusion agreements assuming liability for injury to third persons. The Court ruled the general partner was not a
“third person” and therefore not covered for injuries he sustained while doing
work for NSI under ABCD’s agreement to indemnity NSI for injuries arising out
of the ABDC’s operations or use of NSI’s property.
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