Kinsale Insurance challenges duty to cover oilfield injury lawsuit

Now, Kinsale is asking the federal court to step in. The insurer says its policies with TCS – an environmental combined liability policy and an excess liability policy – don’t cover the accident, no matter how you slice it. Kinsale points to two key policy exclusions. First, there’s the employer’s liability exclusion, which says there’s no coverage for injuries to employees while they’re working. Second, there’s an exclusion for independent contractors, which kicks in unless the contractor met several insurance and paperwork requirements. According to Kinsale, Gamboa didn’t meet those requirements – he didn’t have his own insurance with matching limits, didn’t add TCS as an additional insured, and didn’t sign a hold harmless agreement.