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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Mar 04, 2011

East 51st Street Crane Collapse Litigation v. Lincoln General Insurance

This Supreme Court order addresses an insurance coverage dispute stemming from a 2008 crane collapse in Manhattan, which led to multiple claims against the property owner, East 51st Street Development Company, LLC. The primary conflict involved insurance companies Lincoln General, AXIS Surplus, and Interstate Fire and Casualty regarding their duty to defend East 51st Street and reimburse Illinois Union Insurance Company for defense costs. Initially, the Supreme Court granted various motions for summary judgment, establishing duties to defend and determining policy priority. However, the appellate court modified the order, denying Lincoln General's assertions of excess coverage and declaring Lincoln General primarily obligated to provide coverage to East 51st Street. Other aspects, such as AXIS and Interstate's duty to share defense costs, and East 51st Street's status as an additional insured, were affirmed.

Insurance Coverage DisputeDuty to DefendDefense Costs ReimbursementPrimary CoverageExcess CoverageSummary Judgment MotionAdditional InsuredCrane Collapse LitigationPolicy InterpretationInsurance Policy Limits
References
9
Case No. ADJ10276513, ADJ10276376
Regular
Aug 26, 2019

MARIA ACOSTA vs. AXIS INTEGRATIVE HEALTH CENTER, THE HARTFORD

The Workers' Compensation Appeals Board granted Maria Acosta's Petition for Removal. The Board rescinded the previous decision of May 23, 2018. The matter is now returned to the trial level for further proceedings and a new decision by the Workers' Compensation Judge. This action signifies that the initial decision was deemed insufficient or flawed, necessitating reconsideration.

Petition for RemovalDecision After RemovalWorkers' Compensation Appeals BoardWCJrescindedreturnedtrial levelfurther proceedingsopinion and orderadministrative law judge
References
0
Case No. ADJ8800095
Regular
Oct 28, 2016

MARIE HINGADA vs. AXIS SPECIALTY U.S. SERVICES, INC., VIGILANT INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Marie Hingada's petition for reconsideration in Case No. ADJ8800095. The Board adopted and incorporated the findings of the workers' compensation administrative law judge (WCJ). The decision emphasized giving great weight to the WCJ's credibility determinations due to their observation of witnesses. No substantial evidence warranted rejecting the WCJ's credibility findings.

Workers' Compensation Appeals BoardPetition for Reconsideration DeniedWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.substantial evidenceADJ8800095Van Nuys District Officeadministrative law judgeapplicantdefendants
References
0
Case No. 2015 NY Slip Op 30039[U]
Regular Panel Decision
Jan 20, 2015

Lend Lease (US) Construction LMB Inc. v. Zurich American Insurance

Plaintiffs Extell West 57th Street and Lend Lease (US) Construction LMB Inc. sued their insurers, including Zurich and Travelers, after a construction crane at the One57 building was damaged by Superstorm Sandy. The insurers denied coverage under a builder's risk policy, leading to a dispute over whether the crane qualified as a 'temporary work' and if it was excluded as 'contractor's tools.' The lower court denied summary judgment, finding factual issues. On appeal, the majority granted summary judgment to the defendants, declaring no coverage. The dissenting opinion argues that the crane should be considered a 'temporary structure' and the 'contractor's tools' exclusion should not apply, but concurs that summary judgment for plaintiffs was improper due to a factual dispute regarding whether the crane's value was included in the total project value.

Insurance coverage disputeBuilder's risk policyTemporary structuresContractor's tools exclusionSuperstorm SandyConstruction crane damageSummary judgmentContract interpretationEjusdem generisNoscitur a sociis
References
17
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