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HOOVER v. MAXUM INDEM. CO.

Nos. S11G1681, S11G1683.

730 S.E.2d 413 (2012)

291 Ga. 402

HOOVER v. MAXUM INDEMNITY COMPANY. Hoover v. Maxum Indemnity Company.

Supreme Court of Georgia.

June 18, 2012.

Attorney(s) appearing for the Case

Lance Alan Cooper, The Cooper Firm, Mathew G. Nasrallah, Robertson, Bodoh & Nasrallah, LLP, Marietta, GA, for appellant.

Philip Wade Savrin, Freeman Mathis & Gary, LLP, Christopher Bryan Freeman, Carlton Fields, P.A., Atlanta, GA, for appellee.

Christopher Bryan Freeman, David M. Leonard, Carlton Fields, P.A., Atlanta, for amici appellees.

John Stephen Berry, J. Randolph Evans, McKenna, Long & Aldridge, LLP, Atlanta, GA, amici appellants.

HUNSTEIN, Presiding Justice.

James Matthew Hoover sustained a serious brain injury on October 20, 2004 when he fell while climbing down from the roof of a residence while working for his employer, Emergency Water Extraction Services, LLC ("EWES"). At the time of the accident, EWES held a commercial liability insurance policy issued by Maxum Indemnity Company. Maxum denied coverage and refused to defend, citing the policy's Employer Liability Exclusion.

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