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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Local 205, Community and Social Agency Employees'union v. Day Care Council of Ny Inc.

Local 205, Community and Social Agency Employees’ Union petitioned for confirmation and enforcement of an arbitration award against the Day Care Council of New York, Inc. (DCC). The award arose from employee grievances against the now-closed Georgia-Livonia Day Care Center. The Union argued that the award should be interpreted as binding upon DCC, a multi-employer bargaining association, despite not explicitly naming DCC for relief. DCC contended it was not a party to the arbitration agreement in the collective bargaining agreement (CBA) and therefore not obligated to arbitrate disputes involving itself. The court, after reviewing the CBA's language and the parties' past conduct, found no agreement by DCC to arbitrate. It also ruled that DCC's defenses were not time-barred by either the Federal Arbitration Act or New York C.P.L.R. § 7511, as these limitations do not apply to arguments challenging the existence of an arbitration agreement itself. Consequently, the Union's petition for confirmation and enforcement of the award against DCC was denied.

Arbitration AwardCollective Bargaining AgreementGrievance ProcedureMulti-Employer AssociationAgreement to ArbitrateFederal Arbitration ActLabor Management Relations ActConfirmation of AwardEnforcement of AwardSouthern District of New York
References
25
Case No. MISSING
Regular Panel Decision

Liberty USA Corp. v. Buyer's Choice Insurance Agency LLC

Liberty USA Corporation sued Buyer's Choice Insurance Agency LLC and Terry S. Jacobs for $183,333.00 due on a Promissory Note. Defendants, after removing the case to federal court in the Southern District of New York, moved to dismiss or transfer venue. The central issue was conflicting forum selection clauses in the Promissory Note (New York) and an Asset Purchase Agreement (Ohio), both part of the same transaction. Applying contract interpretation principles from both New York and Ohio law, the court determined the Asset Purchase Agreement's Ohio forum selection clause superseded the Promissory Note's clause. Lacking statutory authority to transfer to a state court, the federal court granted the Defendants' motion to dismiss without prejudice.

Forum Selection ClausePromissory NoteAsset Purchase AgreementSubject Matter JurisdictionPersonal JurisdictionTransfer of VenueDiversity JurisdictionContract InterpretationOhio LawNew York Law
References
26
Case No. MISSING
Regular Panel Decision
Aug 21, 2012

Fred Loya Insurance Agency, Inc., and Loya Insurance Company v. Martin W. Cohen, Martin W. Cohen & Co., and Nehoc Advisors, Inc.

This case involves a double appeal concerning competing motions for summary judgment between Fred Loya Insurance Agency, Inc. and Loya Insurance Company (collectively 'Loya') and Martin W. Cohen, Martin W. Cohen & Company, and Nehoc Advisors, Inc. (collectively 'Cohen'). Loya challenged the summary judgment granted to Cohen on Loya's breach of fiduciary duty claim and the award of attorney's fees. Cohen cross-appealed orders striking an affidavit, granting Loya's summary judgment motions, and denying Cohen's motion to reconsider. The core dispute revolved around a verbal 1% Agreement for accounting and lobbying services, its terminability at will, and related claims of breach of fiduciary duty and fraudulent inducement. The appellate court affirmed the trial court's decision, upholding the termination of the 1% Agreement at will and rejecting Loya's breach of fiduciary duty claim and Cohen's fraudulent inducement claim, while also affirming the award of attorney's fees based on intertwined claims.

Contract LawSummary JudgmentBreach of Fiduciary DutyFraudulent InducementAttorney's FeesAt-Will ContractAgency RelationshipIndependent ContractorContract TerminationAppellate Review
References
60
Case No. MISSING
Regular Panel Decision
Feb 01, 2001

Silva v. Incorporated Village of Hempstead Community Development Agency

Jose Silva, an employee of Mar Jea Equipment, Inc., was allegedly injured during construction work on property owned by the Incorporated Village of Hempstead Community Development Agency. Silva sued the Agency for personal injuries. The Agency, in turn, initiated a third-party action against Mar Jea for indemnification. Mar Jea moved to dismiss this third-party complaint, arguing that the Agency's claim for common-law indemnification was barred by Workers’ Compensation Law § 11. Although the Agency contended it had a claim for contractual indemnification, the subcontract between Mar Jea and the general contractor required written consent from the Agency, which was never obtained. Consequently, the Supreme Court granted Mar Jea's motion to dismiss, a decision that was subsequently affirmed on appeal.

Personal InjuryConstruction AccidentThird-Party ActionIndemnificationContractual IndemnificationCommon-Law IndemnificationSubcontractCondition PrecedentWorkers' Compensation LawSummary Judgment
References
2
Case No. 10-94-174-CV
Regular Panel Decision
Nov 16, 1994

Agricultural Transportation Corporation v. Fortenberry Insurance Agency

Fortenberry Insurance Agency sued Agricultural Transportation, Inc. (ATI) for unpaid premiums on a specified-vehicle liability policy. The trial court found an oral contract existed where Fortenberry Insurance would obtain coverage and ATI would pay a reasonable premium, which ATI breached by failing to pay a $7,575.92 deficit, and awarded attorney's fees. ATI appealed, arguing legal and factual insufficiency of evidence for an oral contract or its breach. The appellate court affirmed the lower court's judgment, finding sufficient evidence of an agreement and breach based on the parties' conduct and custom, despite subjective disagreements on policy type.

Insurance Premium DisputeOral ContractBreach of ContractAttorney's Fees AwardSufficiency of EvidenceAppellate AffirmationContract InterpretationCustom and PracticeBusiness InsuranceLiability Policy
References
10
Case No. MISSING
Regular Panel Decision

Abe I. Brilling Insurance Agency v. Hale

Abe I. Brilling Insurance Agency, the appellant, sued Glen Hale, doing business as South Lamar Iron & Steel, to collect unpaid premiums on workers' compensation and general liability insurance policies. Brilling initially brought the action as a suit on a sworn account under Tex.R.Civ.P. 185, seeking a judgment on the pleadings. The trial court denied Brilling's motion and ruled in favor of Hale, finding no agreement to pay the sums, a decision upheld by the appellate court. The appellate court affirmed the judgment because Brilling's petition did not present the account in the itemized form mandated by Rule 185, thus exempting Hale from its specific answer requirements. Consequently, Brilling's arguments regarding the sufficiency of Hale's answer were deemed irrelevant.

Sworn AccountInsurance PremiumsCivil ProcedureRule 185Pleading RequirementsDebt CollectionAppellate DecisionPrima Facie CaseItemized AccountWorkers' Compensation
References
6
Case No. MISSING
Regular Panel Decision

Lewis Family Farm, Inc. v. Adirondack Park Agency

Lewis Family Farm, Inc. (LFF), an organic farm, initiated construction of three single-family dwellings for employees within a resource management area of the Adirondack Park without a permit. The Adirondack Park Agency (Agency) issued a cease and desist order and sought enforcement, arguing these were 'single family dwellings' requiring permits, not exempt 'agricultural use structures'. LFF challenged the Agency's jurisdiction and interpretation, asserting that dwellings associated with agricultural use should be considered 'agricultural use structures'. The court annulled the Agency's determination, concluding that single-family dwellings 'directly and customarily associated with agricultural use' can qualify as 'agricultural use structures' under the APA Act, thereby dismissing the Agency's enforcement action.

Adirondack Park Agency ActAgricultural Use StructuresSingle Family DwellingsResource Management AreasPermit RequirementsStatutory InterpretationSubdivision of LandFarm Worker HousingArticle 78 ProceedingAdministrative Determination
References
54
Case No. 03-02-00462-CV
Regular Panel Decision
Feb 06, 2003

Texas Municipal Power Agency v. Public Utility Commission and City of Bryan

In this interlocutory appeal, the Texas Municipal Power Agency challenged a Public Utility Commission (PUC) order concerning the allocation of electricity transmission costs to the City of Bryan. Municipal Power Agency filed both an APA appeal and a Uniform Declaratory Judgment Act (UDJA) claim, the latter of which was dismissed by the district court on grounds of sovereign immunity and duplication of remedies. The Court of Appeals reversed this dismissal, ruling that the UDJA waives sovereign immunity when interpreting an agency's general statutory authority, even if a parallel APA appeal addressing specific agency actions is ongoing. The court emphasized that the UDJA action sought a broader declaration of the Commission's fundamental authority, distinguishing it from merely challenging a particular agency order. Therefore, the case was remanded for further proceedings on the declaratory judgment claim.

Sovereign ImmunityDeclaratory Judgment Act (UDJA)Administrative Procedure Act (APA)Subject Matter JurisdictionInterlocutory AppealPublic Utility CommissionElectricity Transmission RatesStatutory InterpretationAgency AuthorityDuplicate Remedies
References
35
Case No. MISSING
Regular Panel Decision
Jun 18, 1992

Shelton Insurance Agency v. St. Paul Mercury Insurance Co.

This case involves an appeal by Shelton Insurance Agency and John M. Roberts against St. Paul Mercury Insurance Company regarding the alleged mishandling of an insurance claim. Shelton Agency initially sued St. Paul for violations of the DTPA, Texas Insurance Code, breach of contract, and breach of the duty of good faith and fair dealing after St. Paul denied coverage to its customer, Frio Drilling Company. A jury found in favor of Shelton Agency, awarding actual and exemplary damages, but the trial court granted St. Paul's motion for judgment n.o.v. The appellate court affirmed the trial court's judgment on the DTPA, insurance code, breach of good faith, and punitive damages claims. However, it reversed and rendered the judgment on the breach of contract claim, ruling that Shelton Agency was entitled to recover $34,000 for premiums it wrote off.

Insurance LawAgency LiabilityBreach of ContractGood Faith and Fair DealingDTPATexas Insurance CodeDenial of CoverageInsurance Bad FaithPunitive DamagesJudgment N.O.V.
References
30
Case No. 03-04-00050-CV
Regular Panel Decision
Jul 29, 2004

Al Boenker Insurance Agency, Inc. v. the Texas FAIR Plan Association The Texas Department of Insurance And Jose Montemayor, Commissioner of Insurance

Appellant Al Boenker Insurance Agency, Inc. appealed a summary judgment ruling in favor of the Texas FAIR Plan Association (FAIR Plan). Al Boenker had challenged a bulletin issued by FAIR Plan, which restricted fees insurance agencies could charge for homeowners insurance applications and allowed for termination of agencies violating the contract. Al Boenker argued that FAIR Plan violated the separation-of-powers doctrine and exceeded its statutory authority. The Court of Appeals affirmed the district court's judgment, concluding that FAIR Plan is not a state agency subject to the Texas Administrative Procedure Act's rulemaking provisions and acted within its authority derived from the FAIR Plan Act and its Plan of Operation by contractually limiting agent compensation and establishing conditions for agent termination.

Administrative LawInsurance LawContract LawSummary JudgmentDeclaratory JudgmentInjunctionAgency AuthoritySeparation of PowersStatutory ConstructionTexas Court of Appeals
References
16
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