He was not covered by workers’ compensation insurance. But his course and scope of employment was enough for an employer’s liability insurance exclusion to apply, said the U.S. 11th Circuit Court of Appeals, which overturned a lower federal court ruling and left a left-for-dead convenience store employee with no recompense from the store’s insurance carrier.
The appellate court found in favor of State Farm Fire and Casualty Co., noting that the employer’s liability policy clearly excluded coverage for criminal acts or for injuries arising “out of and in the course of … employment.” The decision negated a lower court’s $1.3 million judgment against State Farm.
The shooting took place at the Pit Stop Grocery in Birmingham, Alabama, in 2016. The clerk, Amanali Babwari, closed the convenience store about 11 p.m. that night. As he walked to his car in the parking lot, a robber shot him nine times, took the store’s money bag, and disappeared. The worker survived but was severely injured…