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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
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. MISSING
Regular Panel Decision
Aug 04, 1994

Washington v. New York City Industrial Development Agency

An employee of Par Par Contracting was injured and sued the New York City Industrial Development Agency (IDA). IDA, insured by National Casualty, then filed a third-party action against Par Par for contribution and indemnification, relying on Par Par's State Insurance Fund coverage. The Supreme Court denied Par Par’s motion for summary judgment. However, the appellate court unanimously reversed this decision, dismissing the third-party action related to National Casualty’s insurance coverage. The dismissal was based on the antisubrogation rule, which prohibits an insurer from pursuing a subrogated action against its own insured for claims covered under the original policy, even if separate insurance policies for common law indemnity exist.

antisubrogation ruleinsurance disputethird-party liabilitysummary judgment motionWorkers' Compensationemployer liabilitycontractual indemnificationcommon law indemnificationappellate reversalNew York law
References
6
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
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. 2017 NY Slip Op 08926 [156 AD3d 1192]
Regular Panel Decision
Dec 21, 2017

Cromer v. Rosenzweig Insurance Agency Inc.

Plaintiff, Bradley E. Cromer, as assignee, sued Rosenzweig Insurance Agency Inc. and other defendants for negligence, breach of contract, and fraud, alleging failure to procure appropriate insurance coverage for his assignors, Allen Skriloff and SOS 1031 Properties 112, LLC. The lawsuit stemmed from a workplace injury where the assignors' insurance carrier disclaimed coverage due to an employee exclusion. The Supreme Court granted summary judgment to the insurance agency, finding the assignors were presumed to know their policy's contents. The Appellate Division affirmed this decision, concluding that plaintiff failed to demonstrate a specific request for the excluded coverage or establish a 'special relationship' with the broker that would impose a higher duty of advisement beyond the written notice provided.

Insurance Broker LiabilityNegligenceBreach of ContractFraudMaterial MisrepresentationSummary JudgmentAppellate ReviewSpecial RelationshipDuty to AdviseCommercial General Liability
References
11
Case No. MISSING
Regular Panel Decision

Reyna v. Safeway Managing General Agency for State & County Mutual Fire Insurance Co.

This appeal addresses a judgment against Reyna Insurance Agency entities for failing to forward suit papers, leading to a default judgment against Juan Antonio Alvarado. The appellate court reviewed several issues raised by the Reynas, including the award of breach of contract damages, settlement credits, and sanctions. The court reversed the trial court's award of breach of contract damages to the Ledesmas and the Rule 13 sanctions against the Reynas. It also modified the judgment to grant the Reynas a settlement credit for $75,000 paid by Safeway. The remainder of the trial court's judgment, including findings on mental anguish and DTPA/Insurance Code violations, was affirmed.

Insurance LawDTPAInsurance CodeBreach of ContractFiduciary DutyDefault JudgmentSettlement CreditRule 13 SanctionsMental AnguishProducing Cause
References
0
Case No. MISSING
Regular Panel Decision

Rodriguez v. Lockhart Contracting Services, Inc.

Appellant Leonardo Rodriguez appealed a summary judgment granted in favor of Lockhart Contracting Services, Inc. in a suit concerning the exclusive remedy provision of the Texas Workers’ Compensation Act. Rodriguez was injured while working and asserted negligence claims against Lockhart Contracting, arguing he was not an employee of Prime Source, the Professional Employer Organization (PEO) Lockhart Contracting had a co-employment agreement with. The appellate court identified a genuine issue of material fact regarding Rodriguez's employment status with Prime Source, as he had not completed the necessary employment paperwork. Consequently, the court reversed the trial court's judgment, which had barred Rodriguez's suit based on the exclusive remedy provision, and remanded the case for further proceedings.

Workers' Compensation DisputeExclusive Remedy DefenseProfessional Employer Organization LiabilityCo-employment RelationshipSummary Judgment AppealTexas Labor Code ComplianceWorkplace Injury ClaimAppellate Review StandardFactual DisputeNegligence Action
References
45
Case No. 13-11-00005-CV AND 13-11-00013-CV
Regular Panel Decision
Jul 25, 2013

Brannan Paving Gp, LLC D/B/A Brannan Paving Company v. Pavement Markings, Inc., San Juan Insurance Agency, Inc. D/B/A Valley Insurance Providers and Leicht General Agency

This case involves an appeal from a breach of contract dispute between a contractor, Brannan Paving, and its subcontractor, Pavement Markings. Brannan Paving alleged Pavement Markings breached a subcontract by failing to obtain additional insured coverage. Pavement Markings joined its insurance agents, VIP and LGA, for negligence in procuring insurance. The appellate court found the trial court erred by including a waiver instruction in the jury question, as there was insufficient evidence of Brannan Paving's intent to waive. Consequently, the breach of contract claims were reversed and remanded. However, the take-nothing judgments on Brannan Paving's negligence claims against VIP and LGA were affirmed due to lack of privity, and Pavement Markings' cross-appeal for attorney's fees under the DTPA was denied due to the absence of actual damages.

Breach of ContractSubcontractor AgreementAdditional Insured CoverageWaiver InstructionJury Charge ErrorNegligence ClaimsInsurance Agent LiabilityPrivity of ContractDeceptive Trade Practices ActAttorney's Fees
References
60
Case No. MISSING
Regular Panel Decision

Bonded Waterproofing Services, Inc. v. Anderson-Bernard Agency, Inc.

This case involves Bonded Waterproofing Services, Inc. suing its insurance broker, Anderson-Bernard Agency, Inc. and Thomas Bernard (A-B and Bernard), and its insurer, National Indemnity Company (NIC), after NIC disclaimed coverage for a worker's injury. Bonded alleged that A-B and Bernard misrepresented coverage, breached contract, and were negligent in failing to obtain adequate insurance, and that NIC was vicariously liable. The Supreme Court denied motions to dismiss by A-B and Bernard and a summary judgment motion by NIC. On appeal, the court affirmed the denial of A-B and Bernard's motions, finding that Bonded sufficiently stated causes of action for negligent misrepresentation and breach of contract, and that the negligence claim was not time-barred. However, the court found that NIC's motion for summary judgment should have been granted, as A-B and Bernard were not its agents.

Insurance Coverage DisputeBroker NegligenceBreach of ContractNegligent MisrepresentationSummary Judgment MotionVicarious LiabilityAgency RelationshipStatute of LimitationsConflict of LawsNew York Law
References
26
Case No. MISSING
Regular Panel Decision

Brannan Paving GP, LLC v. Pavement Markings, Inc.

This case involves an appeal from a breach of contract claim where Brannan Paving sued subcontractor Pavement Markings for failing to obtain additional insured coverage. Pavement Markings subsequently joined its agent, San Juan Insurance Agency (VIP), who in turn joined Leicht General Agency (LGA). Brannan Paving also asserted negligence claims against VIP and LGA. The appellate court reversed and remanded Brannan Paving's breach of contract claims, finding the trial court erred by including an unproven waiver instruction in the jury charge. However, the court affirmed the take-nothing judgment for Brannan Paving's negligence claims against VIP and LGA due to a lack of privity. Additionally, the take-nothing judgment for Pavement Markings' DTPA claims against VIP was affirmed because no actual damages were awarded by the jury.

Breach of contractNegligenceWaiver (law)Insurance lawSubcontractor liabilityAppellate reviewJury instructionsAttorney's feesDeceptive Trade Practices Act (DTPA)Privity (contract law)
References
55
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