From JDSupra, Peter Dworjanyn discusses whether an insurance company had to cover a claim made by an independent contractor against an employer. The case involved the federal motor carrier regulations whose definition of employee included an independent contractor. 49 C.F.R. § 390.5 provides:
Employee means any individual, other than an employer, who is employed by an employer and who in the course of his or her employment directly affects commercial motor vehicle safety. Such term includes a driver of a commercial motor vehicle (including an independent contractor while in the course of operating a commercial motor vehicle), a mechanic, and a freight handler. Such term does not include an employee of the United States, any State, any political subdivision of a State, or any agency established under a compact between States and approved by the Congress of the United States who is acting within the course of such employment.
Because the term “employee” includes an independent contractor, the insurance company was not required to provide coverage.
Source: Employee Exclusion Applies to Independent Contractor Truck Driver
