Claimant’s counsel argued the decedent was a ‘statutory employee’ of the insured employer….  But, as a subcontractor he wasn’t covered. In the summer of 2008, a construction worker fell off a ladder and was killed. The deceased worker’s estate filed a wrongful death action against the contractor. The suit was tendered to the firm’s client, an insurance carrier that had issued a CGL policy to the contractor. The carrier declined to provide defense and indemnity with regard to the wrongful […]