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Larry Drabot Prevails in Court of Appeals: CGL "Fellow Employee Extension" Does Not Waive Work Comp's Exclusive Remedy Provision

Attorney Larry Drabot recently prevailed in the Wisconsin Court of Appeals with a published decision affirming summary judgment in his favor. The plaintiff was injured by a forklift operated by our client, plaintiff’s co-worker, who was operating a leased forklift on a construction project. The Court of Appeals held that the Fellow Employee Extension in a commercial general liability ("CGL") policy of insurance did not waive the exclusive remedy provision of Wisconsin's Worker’s Compensation Act. It further held that a forklift operated in a construction setting was not a “motor vehicle,” so the plaintiff could not invoke the exclusive remedy exception in Wisconsin's Worker's Compensation Act for the negligence of a co-employee while operating a "non-owned vehicle."

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