I’m presently involved as an insurance expert witness in a similar arm caught in high pressure steam pressing machine which had a safety guard on it to prevent such occurrences. Employee removed safety guard so she could work faster, being paid on piece work basis. Very close to settlement. Producer failed to warn, failed to offer coverage for this kind of accident because it was available only from the surplus lines market, and expensive. Absolute need to document offers of coverage. S/L producer also involved because it had seen this risk before, and never notified its S/L carrier r and never gave notice of same to S/L carrier’s underwriters.
I’m presently involved as an insurance expert witness in a similar arm caught in high pressure steam pressing machine which had a safety guard on it to prevent such occurrences. Employee removed safety guard so she could work faster, being paid on piece work basis. Very close to settlement. Producer failed to warn, failed to offer coverage for this kind of accident because it was available only from the surplus lines market, and expensive. Absolute need to document offers of coverage. S/L producer also involved because it had seen this risk before, and never notified its S/L carrier r and never gave notice of same to S/L carrier’s underwriters.