"Independent contractor" covered under "employer's" GL?

[rcenters]

I'm trying to determine if a person would be covered under the GL of his "employer". We have a homeowner's association, and one of the homeowners works for the association doing maintenance type work. Normally, an employee would be an "insured" under the GL. However, the homeowner-also-doing-maintenance-work has a contract with the Association which specifies that he is an independent contractor and NOT an employee. Of course, the insurance is a separate contract and is not bound to obey this contract, but it's certainly against us here. Assuming that he is considered to be an independent contractor, would he still qualify as an insured in the event of a claim? How does this work in construction, if you hire an uninsured subcontractor? Does that sub gain GL coverage as an employee by virtue of being uninsured?

I've asked the insurance company, and while they are saying he would be "picked up as an insured sub", they won't be any more specific than that.

And then there's the complication, of course, that for claims that have nothing to do with his work, he would be an "insured" under the association's policy as a homeowner.

[gforaker]

A subcontractor is not covered as an insured on the insured's policy, but the association is covered. He needs to have his own GL coverage, but if drawn into the lawsuit, the association is covered. The company could then subrogate against the independent contractor who caused the damage.

Recommend that the repair guy buy a small contractor policy to cover himself. It should cost $500 or less and the Association could even pay him a little extra to purchase it.

[gennydill]

I agree with the previous poster - if the HOA "hires" him as an "independent contractor" the HOA should be requiring GL coverage. i would go one step further and also require that he either also obtain Workers Compensation insurance. If this person were to get injured while doing these jobs, who should pay for his medical expenses, loss of wages, etc? I would hope that the HOA would protect themselves and require a solution (either with insurance or a contract amendment that has been legally vetted)that takes the liability for this out of their lap.

One more thing, the HOA as a non-profit association (as most are), should be careful about hiring anyone from the board or the association. Conflicts of Interest, real or imaginary, are one of the most seen claims on HOA D&O poiicies. You don't have to not hire someone who is affiliated, but if you do it should be done completely above board and with a hiring process that was open and fair to others.