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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

CHARLES F. EVANS CO., INC. v. Zurich Ins. Co.

Plaintiff Charles F. Evans Company, an insured, sought a declaration that defendant Zurich Insurance Company must defend it in an underlying action. This underlying action involved Damon G. Douglas Company, a general contractor, who subcontracted roofing work to Evans for a BASF Corporation building. BASF counterclaimed against Douglas for improperly installed and leaking roofing, leading Douglas to bring a third-party action against Evans for indemnity and contribution. BASF's counterclaim alleged bodily injuries to its employees due to slip-and-falls from the leaking roof, resulting in lost-time and workers' compensation claims. The court found that the insurance policy, covering damages for 'bodily injury,' was at least ambiguous regarding these claims and thus must be construed against the insurer, triggering Zurich's duty to defend Evans. The court also rejected Zurich's argument that the slip-and-falls were not 'occurrences' (accidents) under the policy.

Duty to DefendInsurance CoverageBodily InjurySlip and FallConstruction ContractRoofing DefectWorkers' Compensation ClaimsPolicy AmbiguityThird-Party ActionIndemnity
References
3
Case No. MISSING
Regular Panel Decision

VDP PATENT, LLC v. Welch Allyn Holdings, Inc.

This opinion addresses a patent infringement lawsuit brought by VDP Patent, LLC, against Welch Allyn Holdings, Inc. and Harold Ellis Drugs and Surgicals, Inc., concerning U.S. Patent No. 5,944,711 for an earwax removal method. The court undertook the task of construing several disputed terms within the patent's single claim, including "tip," "cylindrical shape in cross[-]section," "selected outside diameter," and "friction fit obviating fluid leakage." Key rulings include interpreting "otoscope" as a device with a light and lens for visual examination and clarifying that the method requires the operator to select a tip size appropriate for the patient's ear canal, forming a fluid-tight seal that prevents all leakage during the continuous irrigation procedure. Ultimately, the court denied the defendants' motion for summary judgment, which sought to invalidate the patent on grounds of indefiniteness, concluding that the claim terms were sufficiently clear to a person of ordinary skill in the art.

Patent InfringementClaim ConstructionPatent ValiditySummary JudgmentEar IrrigationMedical DevicesOtoscopeDoctrine of EquivalentsOrdinary Skill in the ArtPatent Specification
References
32
Case No. MISSING
Regular Panel Decision

Champagne v. State Farm Mutual Automobile Insurance

Selma Champagne appealed an order denying her motion for summary judgment and granting cross-motions by State Farm and John L. Homan. The case originated from a 1987 motor vehicle accident where Homan allegedly struck Samuel Champagne, who later settled with State Farm for the policy limit. Selma, Samuel's wife, then sought a declaratory judgment that State Farm was obligated to defend and indemnify Homan in her separate suit for loss of consortium. The Supreme Court initially granted summary judgment to both defendants. The appellate court modified the order, denying Homan's cross-motion, ruling that Selma's loss of consortium claim remained viable despite her husband's settlement as she was not a party to it. However, the court affirmed the summary judgment for State Farm, holding that State Farm had fulfilled its policy obligations by paying the "per person" bodily injury limit to Samuel, as loss of consortium damages are derivative and do not constitute a separate "bodily injury" under the insurance policy.

Loss of ConsortiumMotor Vehicle AccidentDeclaratory JudgmentSummary JudgmentInsurance Policy LimitsBodily InjuryDerivative ClaimSettlementAppellate ReviewPolicy Interpretation
References
10
Case No. ADJ4118575
Regular
May 26, 2010

MANUEL ORTIZ vs. TOWER INDUSTRIES, INC., SCIF INSURED INLAND EMPIRE

This case involves a worker, Manuel Ortiz, who sustained a severe admitted industrial injury resulting in 100% permanent disability. The defendant, SCIF, sought reconsideration, arguing the WCJ's jump from a 98% to 100% rating lacked sufficient justification and that injury to sleep and erectile dysfunction were erroneously found. However, the Appeals Board denied the petitions, finding the evidence supported the 100% permanent disability rating. The Board emphasized Ortiz's significant injuries, ongoing pain, inability to control bodily functions, and uncorrected erectile dysfunction as establishing total permanent disability.

Workers' Compensation Appeals BoardPetitions for ReconsiderationPermanent DisabilityLabor Code section 4662Agreed Medical ExaminersUrological InjuryErectile DysfunctionSleep DisorderPermanent Total DisabilityFindings and Award
References
1
Case No. MISSING
Regular Panel Decision

Watkins Glen Central School District v. National Union Fire Ins.

The Watkins Glen Central School District sought defense and indemnification from National Union Fire Ins. Co. under an errors and omissions policy after being sued for negligent hiring and supervision of a teacher involved in sexual misconduct. National Union disclaimed coverage, citing exclusions for intentional acts, assault and battery, and bodily injury. Both the Supreme Court and this appellate court affirmed that National Union is obligated to provide coverage. The courts reasoned that applying intentional act exclusions to a claim of negligent supervision would nullify the purpose of an errors and omissions policy, which is designed to cover professional negligence.

Errors and Omissions PolicyNegligent HiringNegligent SupervisionSexual MisconductInsurance Coverage DisclaimerIntentional Act ExclusionProfessional Malpractice InsuranceSchool District LiabilityIn Loco ParentisIndemnification
References
22
Case No. CA 10-02440
Regular Panel Decision
Sep 30, 2011

FARM FAMILY CASUALTY INSURANCE COMP v. BRADY FARMS, INC.

Plaintiff Farm Family Casualty Insurance Company sought a declaration that it had no duty to defend or indemnify defendant Brady Farms, Inc. regarding fatal injuries to an employee, as defendant lacked workers' compensation insurance. The Supreme Court initially ruled in favor of the defendant, obligating the plaintiff. The Appellate Division, Fourth Judicial Department, reversed this decision, holding that the defendant's liability stemmed from its failure to secure workers' compensation benefits, a statutory obligation, rather than directly from the bodily injury. Consequently, the court found no coverage under the plaintiff's Special Farm Package "10" policy and granted summary judgment to the plaintiff.

Insurance CoverageWorkers' CompensationDeclaratory JudgmentDuty to DefendDuty to IndemnifySummary JudgmentStatutory LiabilityFarm Insurance PolicyAppellate ReviewExclusion Clause
References
11
Case No. ADJ9781533
Regular
Aug 02, 2017

Rodolfo Boate vs. Truegreen Landcare, Zurich American Insurance Company

This case involves Rodolfo Boate's workers' compensation claim against Truegreen Landcare and Zurich American Insurance Company for injuries sustained during an altercation with a coworker. The defendant argued the claim was barred because Boate was the initial aggressor, citing his physical advance towards the coworker. However, the Workers' Compensation Appeals Board (WCAB) denied reconsideration of the Administrative Law Judge's (WCJ) finding that Boate's actions were in reasonable fear of bodily harm due to the coworker's prior severe threats and aggressive behavior. The WCAB adopted the WCJ's credibility determinations, finding no substantial evidence to reject them. Therefore, Boate's injury was deemed industrial.

Workers' Compensation Appeals BoardRODOLFO BOATETRUGREEN LANDCAREZURICH AMERICAN INSURANCE COMPANYADJ9781533Petition for ReconsiderationDeniedWCJCredibility determinationsGarza v. Workmen's Comp. Appeals Bd.
References
1
Case No. MISSING
Regular Panel Decision

Insurance Co. of North America v. Dayton Tool & Die Works, Inc.

In this dissenting opinion, Judge Meyer challenges the majority's interpretation of an insurance policy exclusion clause concerning an insured's obligation to indemnify another for bodily injury to an employee. The majority concluded that an obligation by way of contribution is not excluded. Judge Meyer argues this interpretation is flawed, asserting that 'indemnify' in common parlance includes contribution, making the exclusion applicable. He maintains that the ordinary businessman would understand the clause to exclude such obligations, irrespective of legal distinctions between indemnity and contribution or the perceived ambiguity of 'indemnify'. Consequently, Judge Meyer would have reversed the order in the Dayton Tool case and affirmed in the County of St. Lawrence case, contrary to the majority's rulings.

Insurance Policy InterpretationIndemnity vs ContributionBodily Injury ExclusionEmployee LiabilityContractual InterpretationCommon Parlance of LawDissenting OpinionWorkers' CompensationLiability InsuranceInsurance Law
References
7
Case No. MISSING
Regular Panel Decision

People v. Bosilkofski

The defendant appealed a judgment convicting him of seven counts of incest after a bench trial. He claimed insufficient corroboration of his daughter's testimony, collateral estoppel due to a Family Court dismissal of an abuse petition, and ineffective assistance of counsel. The court found sufficient corroboration, citing medical evidence of vaginal abrasions, seminal fluid presence, and a profile consistent with sexual abuse, despite a vasectomy. Collateral estoppel was deemed unpreserved and inapplicable due to non-identical issues and parties between the Family Court and criminal proceedings. The claim of ineffective assistance of counsel was rejected, as the record showed successful dismissal of numerous indictment counts and effective representation.

IncestPenal LawCollateral EstoppelIneffective Assistance of CounselCorroborationAccomplice TestimonyVaginal AbrasionsAcid PhosphataseVasectomyImpotence
References
12
Case No. MISSING
Regular Panel Decision
Sep 10, 1985

People v. Patten

Defendant was convicted of sodomy in the first degree. The victim, a four-year-old child, reported to his mother that he had been anally sodomized by the defendant, his mother's live-in boyfriend. A medical examination confirmed the presence of seminal fluid in the victim's rectal area, and the defendant subsequently confessed after receiving Miranda warnings. On appeal, the defendant contended that the admission of the infant victim's hearsay statement as an excited utterance was reversible error, that the evidence was legally insufficient, and that the prosecutor's summation comments were improper. The court affirmed the judgment of conviction, finding no error in admitting the excited utterance, overwhelming proof of guilt rendering any error harmless, and the prosecutor's remarks not unduly prejudicial.

SodomyFirst DegreeExcited UtteranceHearsayChild VictimSufficiency of EvidenceProsecutorial MisconductHarmless ErrorUnsworn TestimonyCriminal Appeal
References
7
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