Written by: Sean Cox, Esq.
On October 24, 2018, the 5th Circuit Court of Appeals issued an opinion in Northfield Insurance Company v. Herrera, No. 17-51080 (5th Cir., October 24, 2018) wherein it upheld the enforceability of an employee injury exclusion to upstream employers of the insured and their employees.
Herrera owned an elevator repair company that bought a commercial general liability insurance policy from Northfield Insurance Company. The policy contained a standard exclusion