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

Case No. 2025 NYSlipOp 06801
Regular Panel Decision
Dec 09, 2025

AmTrust N. Am., Inc. v. Insurance Specialty Group LLC

The plaintiff, AmTrust North America, Inc., appealed an order dismissing parts of its breach of contract claim against Insurance Specialty Group LLC. The dispute stems from a 2010 Managing Producer Agreement where the defendant was to administer an asset protection program for the plaintiff, with fiduciary duties. Plaintiff alleged multiple breaches, including improper underwriting and concealment of issues, which came to light in 2022. The Supreme Court dismissed claims before May 19, 2017, but the Appellate Division modified this by applying equitable estoppel. The appellate court ruled that estoppel could allow most breach of contract claims, except those solely based on the fiduciary duty to disclose, which are not subject to estoppel for time-barred breaches.

Breach of ContractEquitable EstoppelFiduciary DutyStatute of LimitationsAsset Protection ProgramUnderwriting GuidelinesInsurance AdministrationConcealmentContinuing Wrong DoctrineAppellate Division
References
8
Case No. ADJ6814425
Regular
Apr 23, 2012

JIMMY WILLIAMS vs. SAN FRANCISCO 49ers; TIG INSURANCE COMPANY Administered By RISK ENTERPRISE MANAGEMENT LIMITED; SUCCESSOR IN INTEREST BY MERGER TO GULF INSURANCE COMPANY THE TRAVELERS INDEMNITY COMPANY; BERKELEY SPECIALTY UNDERWRITING MANAGERS, LLC; NEW ORLEANS SAINTS; LOUISIANA WORKERS' COMPENSATION CORPORATION; SEATTLE SEAHAWKS; PSI; HOUSTON TEXANS; BERKELEY SPECIALTY UNDERWRITING MANAGERS, LLC.

In this Workers' Compensation Appeals Board case, applicant Jimmy Williams' Petition for Removal has been denied. The order signifies the Board's decision not to further review or remove the case from its current proceedings. The specific grounds for denial are not detailed in this excerpt. The decision was issued by the Workers' Compensation Appeals Board on April 23, 2012.

Petition for RemovalWorkers' Compensation Appeals BoardSan Francisco 49ersTIG Insurance CompanyRisk Enterprise Management LimitedGulf Insurance CompanyThe Travelers Indemnity CompanyBerkeley Specialty Underwriting Managers LLCNew Orleans SaintsLouisiana Workers' Compensation Corporation
References
0
Case No. 2 NY3d 787
Regular Panel Decision

U.S. Underwriters Insurance v. City Club Hotel, LLC

The New York Court of Appeals addressed two certified questions from the Second Circuit regarding an insured's right to recover attorneys' fees. U.S. Underwriters Insurance Company had sought a declaratory judgment against its insureds, City Club Hotel, LLC and Shelby Realty, LLC, to deny coverage for a personal injury claim. The insurer's disclaimer of coverage was found untimely. The Court held that an insured who prevails in an insurer-initiated declaratory judgment action to deny coverage may recover attorneys' fees, irrespective of whether the insurer initially provided a defense in the underlying suit. This decision underscores that the insurer's duty to defend extends to litigation arising from its attempts to avoid policy obligations. The Court answered the first certified question in the affirmative for Shelby.

Declaratory Judgment ActionAttorneys' FeesInsurer Duty to DefendInsurance CoverageUntimely DisclaimerPrevailing PartyCertified QuestionSecond CircuitNew York Court of AppealsPolicy Obligations
References
6
Case No. ADJ8094646
Regular
Jan 17, 2014

ALEJANDRINA BARRETO vs. OUT OF THE SHELL, SOUTHERN INSURANCE COMPANY, REPUBLIC INDEMNITY COMPANY, PHARMAFINANCE, LLC, HEALTHCARE FINANCE MANAGEMENT, LLC

This case involves lien claimants PharmaFinance and Healthcare Finance Management, and their representatives Landmark Medical Management and Brian Hall, who sought reconsideration of a decision disallowing their liens for medical treatment. The Appeals Board granted reconsideration solely to notice its intention to impose sanctions of up to $2,500 against the lien claimants and their representatives. This action is due to a pattern of allegedly filing petitions containing false statements about not receiving notices, which violates the Board's Rules of Practice and Procedure and Labor Code Section 5813. The Board found these claims not persuasive and indicative of a tactic to avoid responsibility.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsLien ClaimantsHearing RepresentativesIndustrial InjuryFindings and OrderCompromise and ReleaseNotice of IntentionLabor Code section 5813
References
0
Case No. 2016 NY Slip Op 00302 [135 AD3d 572]
Regular Panel Decision
Jan 19, 2016

Domaszowec v. Residential Management Group LLC

Plaintiff Tracy Domaszowec's decedent died from a fall while cleaning a window on the 13th floor of an apartment building. The Appellate Division, First Department, modified a Supreme Court order, granting plaintiff's motion for partial summary judgment on her Labor Law § 240 (1) claim against Residential Management Group LLC and 40 Fifth Avenue Corporation (40 Fifth defendants), the building owner and manager. The court found the decedent was engaged in "commercial window washing," thereby making Labor Law § 240 (1) applicable. The court affirmed the dismissal of Labor Law § 202 against Veronica Bulgari and Stephen Haimo due to lack of exclusive control, and common-law negligence claims against T&L Contracting of N.Y., Inc. and Greenpoint Woodworking Inc. due to the lack of an exception to the contractual obligation rule. Issues of fact precluded summary judgment on negligence claims against Panorama Windows, Ltd., and the doctrine of res ipsa loquitur was deemed inapplicable to certain defendants.

Window cleaner fatalityScaffold LawSummary judgment appealAppellate Division First DepartmentCommercial vs. routine window washingLabor Law applicabilityContractual tort liabilityRes ipsa loquitur in negligencePunitive damages dismissalExpert witness evidence
References
8
Case No. CA 12-01329
Regular Panel Decision
May 03, 2013

MULLIN, CARL D. v. WASTE MANAGEMENT OF NEW YORK, LLC

Carl D. Mullin, an employee of Riccelli Enterprises, Inc., sustained injuries after falling from a ladder at a Waste Management of New York, LLC facility. Mullin initiated an action against Waste Management, which subsequently filed a third-party claim against Riccelli for breach of contract. Waste Management alleged that Riccelli failed to name it as an additional insured on various required insurance policies, including workers' compensation, commercial general liability, and automobile liability. The Supreme Court granted Waste Management's motion for partial summary judgment on the breach of contract claim. The Appellate Division unanimously affirmed the Supreme Court's order, also upholding the denial of Riccelli's motion to introduce new evidence, deeming it untimely and unlikely to alter the determination.

Breach of ContractInsurance CoverageAdditional Insured ClauseSummary Judgment MotionAppellate AffirmationThird-Party LitigationPersonal InjuryWorkplace AccidentLadder FallContractual Indemnity
References
2
Case No. 2019 NY Slip Op 04978
Regular Panel Decision
Jun 19, 2019

Robles v. Taconic Mgt. Co., LLC

Edilberto Robles, a laborer, sustained head injuries from a closing freight elevator door and commenced an action alleging violations of Labor Law §§ 200 and 241 (6) and common-law negligence against multiple entities involved in the building's management, operation, and his employment. The Supreme Court granted several motions for summary judgment. On appeal and cross-appeal, the Appellate Division modified the order. It denied summary judgment to Taconic Management Company, LLC, Taconic Management Corp., 111 Chelsea, LLC, and Waldorf Carting Corporation on the Labor Law § 200 and common-law negligence claims, finding triable issues of fact regarding supervision and control and the alter ego defense. The court also denied summary judgment on indemnification claims against Collins Building Services, Inc., and Waldorf Carting Corporation. The dismissal of the Labor Law § 241 (6) claim against Taconic and Chelsea, and the dismissal of claims against Collins Building Services, Inc., and New York Elevator & Electrical Corporation were affirmed.

Personal injuryLabor Law § 200Labor Law § 241(6)Common-law negligenceSummary judgmentIndemnificationThird-party actionWorkers' Compensation LawAlter ego defensePremises liability
References
20
Case No. MISSING
Regular Panel Decision

Nabi v. Hudson Group (HG) Retail, LLC

Plaintiffs Mohammed Nabi and Rifat Rizvi brought an action against Hudson Group (HG) Retail, LLC and Airport Management Services, LLC, alleging violations of the Fair Labor Standards Act and the New York Labor Law for misclassifying managers and failing to pay overtime. Plaintiffs sought conditional collective certification for a nationwide class of various managerial employees. The court denied the motion, finding that the plaintiffs' evidence was too localized to support a nationwide class and failed to demonstrate that the proposed class was

FLSANYLLConditional Collective CertificationClass ActionMisclassificationOvertime PayExempt EmployeesNon-Exempt EmployeesManagerial DutiesRetail Industry
References
17
Case No. 01 Civ. 6600(RLC)
Regular Panel Decision

Internet Law Library, Inc. v. Southridge Capital Management, LLC

Internet Law Library, Inc. and Hunter M.A. Carr (Internet Law) moved to consolidate two separate legal actions and sought designation as the plaintiff in the combined litigation. Cootes Drive LLC and other entities (Cootes Drive) opposed Internet Law's plaintiff designation but did not object to consolidation itself. The first action, initiated by Internet Law in Texas, alleged securities law violations and fraud by Cootes Drive regarding a Stock Purchase Agreement. The second action, filed by Cootes Drive in New York, accused Internet Law of breaching the same agreement and committing fraud. The Texas court subsequently transferred Internet Law's action to New York for potential consolidation. The court, finding common legal and factual questions and minimal risks of confusion or prejudice, granted the consolidation. Additionally, the court designated Internet Law as the plaintiff and *sua sponte* consolidated a third related case, *Brewer, et al. v. Southridge Capital Management LLC, et al.*

Consolidation of actionsRule 42(a) F.R. Civ. P.Realignment of partiesCompulsory counterclaimForum shoppingFirst-to-file ruleStock Purchase AgreementSecurities fraudBreach of contractJudicial economy
References
27
Case No. MISSING
Regular Panel Decision
Dec 16, 2004

US Underwriters Ins. Co. v. CITY CLUB HOTEL

The New York Court of Appeals addresses whether an insured who prevails in a declaratory judgment action brought by an insurer to deny coverage may recover attorneys' fees, regardless of whether the insurer provided a defense in the underlying suit. U.S. Underwriters Insurance Company had disclaimed coverage for City Club Hotel, LLC and Shelby Realty, LLC after a construction worker's injury, but still provided Shelby a defense. The insurer then initiated a declaratory judgment action to establish it had no duty to defend or indemnify. The District Court's finding that the disclaimer was untimely and its denial of attorneys' fees were appealed. The Court of Appeals, responding to certified questions from the Second Circuit, affirmed that Shelby, as a prevailing insured, is entitled to recover attorneys' fees because these expenses arose as a direct consequence of the insurer's unsuccessful attempt to disclaim policy obligations. The court explicitly answered the first certified question in the affirmative, while declining to answer the second.

Insurance LawDeclaratory JudgmentAttorneys' FeesDuty to DefendDuty to IndemnifyNew York Court of AppealsCertified QuestionsInsurer ObligationsPolicy DisclaimerTimeliness of Disclaimer
References
7
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