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Fatal Risk Category: Exclusion Trap • Edition: Contractual Limitation

CG 21 39 / CG 24 26 — Action Over Exclusion (Labor Law 240/241 Scaffold Trap)

Removes contractual liability coverage for bodily injury to an employee of the subcontractor who sues the General Contractor or Owner.

⚠️ The Underwriting Trap

If an injured worker collects Workers Comp from the sub and then files a third-party negligence lawsuit against the GC (standard in NY, IL, FL, CA), an Action Over exclusion leaves the GC with a six-or-seven-figure uncovered loss.

✅ General Contractor Remedy

Reject any subcontractor policy bearing CG 21 39, CG 24 26, or any manuscript 'Employee Bodily Injury Exclusion'. Demand full contractual indemnity without carve-outs.

Standard ISO Policy Wording

This insurance does not apply to: Any obligation of the insured to indemnify or hold harmless any person or organization for bodily injury to an employee of the insured arising out of and in the course of employment.

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Upload your ACORD 25 certificate or copy/paste policy endorsement schedules.

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