It is an Issue of Fact that a Security Officer is an Insured of a CGL

Read the full article at https://www.linkedin.com/pulse/security-officer-must-employee-insured-barry-zalma-esq-cfe and at https://zalma.com/blog plus more than 3750 posts.

In Adam O’Shei v. Utica First Insurance Company, 2021 NY Slip Op 03786, 1237 CA 19-02019, Supreme Court Of The State Of New York Appellate Division (Decided on June 11, 2021) Plaintiff was an off-duty police officer providing security for the nightclub when the bar manager killed a customer and was eventually sentenced for manslaughter.

ZALMA OPINION

Assault and battery exclusions are effective. However, it is necessary in this case to see if the officer was entitled to coverage as an employee of the bar since he was not involved in the assault and battery. If he is proved to be an insured and not involved in the battery but was only alleged to have instituted a false arrest their might be coverage so the case was sent back to the trial court to determine the coverage issue.