What is the exclusion (j) clause in a medical malpractice case?

California, United States of America


The following excerpt is from Cal-Farm Ins. Co. v. Tac Exterminators, Inc., 172 Cal.App.3d 564, 218 Cal.Rptr. 407 (Cal. App. 1985):

Exclusion (j) is written in the disjunctive. It speaks of "bodily injury" to an employee arising out of, and in the course of, the employment by the [172 Cal.App.3d 580] insured or to any obligation of the insured to indemnify another because of "damages" arising from such injury. It should be almost unnecessary to point out that in its ordinary sense the word "or" indicates an alternative as "either this or that." (Los Angeles County-U.S.C. Medical Center v. Superior Court (1984) 155 Cal.App.3d 454, 461, 202 Cal.Rptr. 222.) Hence, the phrases separated by "or" are alternatives to each other.

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