CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision

Homestead Village Assoc., L.P. v. Diamond State Insurance

Plaintiff Homestead Village Associates, LP sued its insurers, Diamond State Insurance Company and Chubb Insurance Company of New Jersey, seeking a declaratory judgment regarding their duty to defend and indemnify Homestead in a personal injury action. Homestead also sued its insurance broker, Capacity Coverage Company of New Jersey, for breach of contract and negligence due to late notification of the accident. All parties cross-moved for summary judgment. The court granted Diamond's motion, finding Homestead's 16-month delay in notification unreasonable. Chubb's motion was granted in part and denied in part, as the court found late notice from Homestead, but a factual dispute remained regarding Chubb's timely disclaimer. The court also clarified that Chubb's excess policy would not 'drop down' to cover primary obligations and it had no duty to defend. Homestead's and Capacity's cross-motions for summary judgment were denied, with factual disputes remaining regarding a special relationship and Capacity's knowledge of the accident's seriousness.

Insurance Coverage DisputeDeclaratory JudgmentSummary Judgment MotionLate Notice DefenseExcess Insurance PolicyInsurance Broker LiabilityBreach of ContractNegligence ClaimChoice of LawNew York Insurance Law
References
41
Case No. MISSING
Regular Panel Decision

Northbrook Excess & Surplus Insurance v. Chubb Group of Insurance Companies

This declaratory judgment action addresses the hierarchy of excess insurance policies in a situation where one policy is primary for owned vehicles but excess for non-owned, and the second is an umbrella policy covering multiple risks. The case stems from an accident involving a rented van, which led to a $650,000 settlement. After the primary insurer paid $500,000, Chubb Group of Insurance Companies and Northbrook Excess and Surplus Insurance Co. each contributed $75,000, pending a determination of their respective excess coverage obligations. The Supreme Court initially ruled for ratable contribution. However, citing State Farm Fire & Cas. Co. v LiMauro, the appellate court reversed, holding that Northbrook's umbrella policy constitutes a final tier of coverage, not required to contribute ratably with Chubb's excess policy. Consequently, summary judgment was granted to Northbrook, entitling it to a $75,000 reimbursement from Chubb.

Excess InsuranceUmbrella InsuranceDeclaratory JudgmentInsurance Policy InterpretationInsurance Coverage DisputeAutomobile Liability InsuranceNon-Owned VehicleRatable ContributionFinal Tier CoverageSummary Judgment
References
2
Case No. LBO 0377371
Regular
Apr 28, 2008

EDUBIJES TORREZ vs. RED HILLS COUNTRY CLUB, CHUBB SERVICES CORPORATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Chubb Insurance's petition for reconsideration, affirming the original finding that Edubijes Torrez sustained a cumulative trauma injury (leiomyosarcoma) due to chemical exposure as a groundskeeper. The Board found that despite the provision of protective gear in 1998, the applicant's exposure continued through his last year of employment, making Chubb, the insurer during that period, liable for the $100\%$ permanent disability award. Chubb's argument that exposure ceased in 1998 was rejected due to evidence of ineffective protective gear and continued exposure.

LeiomyosarcomaCumulative traumaLabor Code section 5500.5Injurious exposureRespirator protective gearLatency periodIndustrial chemical exposurePermanent disabilityGroundskeeperRed Hill Country Club
References
3
Case No. ADJ1037873/ MON 0258640, ADJ3453731/MON 0258719 and ADJ2344562/MON 0315443
Regular
Jan 21, 2011

ANTHONY BENDT vs. DAVID E. KELLEY PRODUCTIONS, FILM PAYMENT SERVICES, CHUBB GROUP OF INSURANCE COMPANIES, TIG, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LEGION INSURANCE COMPANY

This case involves two petitions for reconsideration by defendants Chubb and Continental concerning separate workers' compensation awards. Chubb sought reconsideration of an award holding it solely liable for an applicant's knee and back injuries, arguing TIG Insurance was also responsible. Continental contested being ordered to administer a claim, asserting another defendant held greater exposure. The Board denied Continental's petition, but for Chubb, it returned the case for further proceedings to address its claim of shared liability with TIG.

Workers' Compensation Appeals BoardCIGALegion Insurance Companyinsolvent insurercompensable consequencepermanent disabilityapportionmentother insurancecontributionarbitration
References
0
Case No. ADJ2109115; ADJ3790194; ADJ4103411
Regular
Aug 01, 2013

LETICIA BENAVIDES vs. BON APPETIT DANISH; MACY'S; CHUBB GROUP OF INSURANCE CO.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant sought penalties and attorney fees for the late payment of a Compromise and Release (C&R) settlement, alleging Chubb Group failed to make timely and correct payment. The Board found that the delay was due to a single instance of human error involving an incorrect address on the C&R, which was promptly corrected upon discovery. The applicant also contributed to the delay by not notifying Chubb of the non-receipt of payment for over three months. Therefore, the Board concluded there was no unreasonable delay justifying penalties.

Workers Compensation Appeals BoardPetition for ReconsiderationDeniedWCJ ReportDefective VerificationCured VerificationSupplemental PetitionCompromise and ReleaseLate PaymentChubb Group
References
3
Case No. ADJ11391724, ADJ11391757
Regular
Oct 03, 2019

PABLO LOPEZ DURAN vs. SOUTH HILLS ACADEMY, CHURCH MUTUAL INSURANCE COMPANY, SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA, CRESCENT HOTELS & RESORTS, LLC, CHUBB INSURANCE GROUP, GALLAGHER BASSETT SERVICES, INC.

This Workers' Compensation Appeals Board case involves applicant Pablo Lopez Duran and multiple defendants including South Hills Academy, Church Mutual Insurance Company, Security National Insurance Company, Crescent Hotels & Resorts, LLC, and Chubb Insurance Group. The Board granted a petition for reconsideration and affirmed a prior order regarding sanctions and costs. Specifically, Chubb Insurance Group, administered by Gallagher Bassett Services, Inc., was ordered to pay an additional $395 for attorneys' fees related to a petition for fees, less any credit for prior payments.

WORKERS' COMPENSATION APPEALS BOARDSOUTH HILLS ACADEMYCHURCH MUTUAL INSURANCE COMPANYSECURITY NATIONAL INSURANCE COMPANYAMTRUST NORTH AMERICACRESCENT HOTELS & RESORTSLLCCHUBB INSURANCE GROUPGALLAGHER BASSETT SERVICESINC.
References
0
Case No. ADJ8589789
Regular
Jun 05, 2014

ANTONIA GARCIA vs. GOGLANIAN BAKERIES, CHUBB GROUP OF INSURANCE COMPANIES

The Workers' Compensation Appeals Board (WCAB) dismissed Antonia Garcia's Petition for Reconsideration against Goglanian Bakeries and Chubb Group of Insurance Companies. The dismissal was based on the petition's failure to meet the verification requirement of Labor Code section 5902. Even if it had been verified, the WCAB would have denied the petition on its merits, adopting the reasoning of the workers' compensation judge.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissalWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationVerified PetitionDenied on MeritsWCJ
References
2
Case No. ADJ8620182
Regular
Jul 28, 2016

ANSON CARTER vs. CAROLINA HURRICANES, LOS ANGELES KINGS, CHUBB INSURANCE

The Appeals Board denied Chubb Insurance's Petition for Removal on behalf of the Carolina Hurricanes and Los Angeles Kings. The Board found that the Kings failed to demonstrate substantial prejudice or irreparable harm despite concerns about discovery and the completeness of the medical record. Because the teams had a shared defense agreement, the Kings had access to the master claims file. Any remaining arguments regarding the medical record can be addressed at trial.

Petition for RemovalDue ProcessDiscoveryQualified Medical Evaluator (QME)Medical-Legal EvaluatorPrimary Treating PhysicianShared Defense Consent AgreementCumulative TraumaMaster FileClaims Information
References
0
Case No. ADJ7915283
Regular
Nov 01, 2013

GUILLERMO LEMUS vs. G & K MANAGEMENT, INC., CHUBB INSURANCE GROUP, GALLAGHER BASSETT SERVICES, INC.

This case involves an applicant, Guillermo Lemus, and defendants G & K Management, Inc., and Chubb Insurance Group. The Workers' Compensation Appeals Board (WCAB) issued an order dismissing a Petition for Reconsideration filed in this matter. The WCAB adopted the reasoning of the workers' compensation administrative law judge, noting the petition was skeletal and unverified. Even on the merits, the petition would have been denied based on the WCJ's report.

Petition for ReconsiderationWCABAdministrative Law JudgeLien ClaimantUnverifiedSkeletalDismissalChubb Insurance GroupGallagher Bassett ServicesG&K Management
References
0
Case No. MISSING
Regular Panel Decision

Polidoro v. Chubb Corp.

Margaret Polidoro, injured at work, filed a Workers' Compensation claim against her employer's insurer, Pacific Indemnity. After Pacific terminated her physical therapy based on a doctor's report from Jay Winokur, Polidoro suffered further injuries and sued Pacific and Winokur for $16 million in compensatory and $15 million in punitive damages. Her husband, Dominick Polidoro, also filed a loss of consortium claim. The case was removed to the U.S. District Court for the Southern District of New York. The court dismissed Polidoro's claims against Pacific for negligence, bad faith denial of insurance, intentional infliction of emotional distress, and deceptive business practices under N.Y. Gen. Bus. Law § 349, while preserving Dominick Polidoro's punitive damages claim. The court also dismissed the negligence claim against Winokur due to the expiration of the statute of limitations.

Workers' CompensationInsurance Coverage DenialNegligence ClaimIntentional Infliction of Emotional DistressDeceptive Business PracticesStatute of LimitationsMotion to DismissMedical MalpracticeBad FaithTort Law
References
28
Showing 1-10 of 107 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational