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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

Hartford Accident & Indemnity Co. v. Commercial Union Insurance

This case involves a dispute between two insurance companies, Hartford Accident and Indemnity Company (excess insurer) and Commercial Union Insurance Company (primary insurer), concerning liability for an injury claim. Michael Jutt, an employee of Minuteman Press International, Inc., was injured while on a Minuteman-owned boat. Commercial Union, the primary insurer, denied coverage and refused to defend Minuteman, leading Hartford, the excess insurer, to provide defense and settle Jutt's claim for $135,000. Hartford subsequently sued Commercial Union for breach of fiduciary duty. The District Court affirmed Hartford's standing to sue, recognizing a direct fiduciary duty owed by a primary insurer to an excess insurer, and found that the "paid employees" exclusion in Commercial Union's policy was ambiguous. Consequently, the Court ruled in favor of Hartford, ordering Commercial Union to pay $135,000 plus interest.

Insurance LawExcess InsurancePrimary InsuranceFiduciary DutyEquitable SubrogationPolicy ExclusionAmbiguous Contract TermDeclaratory Judgment ActionStanding to SueMarine Insurance
References
5
Case No. MISSING
Regular Panel Decision

Brown v. Eurocopter S.A.

Plaintiffs, the surviving widow and daughter of helicopter pilot Nathan Brown, filed suit after Brown was killed in a crash into an oil platform in the Gulf of Mexico. Initially, the Court ruled that the Death On The High Sea Act (DOHSA) applied, limiting recovery to pecuniary losses. Plaintiffs then moved for the Court to apply DOHSA as amended by the Wendell H. Ford Aviation Investment Reform Act for the 21st Century (AIR 21). AIR 21 introduced provisions allowing nonpecuniary damages for deaths in commercial aviation accidents occurring beyond 12 nautical miles from shore after July 16, 1996. The Court granted Plaintiffs' motion, determining that Brown’s helicopter flight, an on-demand air taxi service for profit, constituted a "commercial aviation accident" under the plain language of the amended DOHSA statute and consistent with Federal Aviation Regulations. Consequently, Plaintiffs are entitled to recover nonpecuniary damages for loss of care, comfort, and companionship.

DOHSA AmendmentsCommercial Aviation AccidentNonpecuniary DamagesWrongful DeathOCSLAFederal Aviation RegulationsStatutory InterpretationHelicopter CrashMaritime LawGulf of Mexico
References
10
Case No. MISSING
Regular Panel Decision

Employers Insurance v. General Accident, Fire & Life Assurance Corp.

Employers Insurance of Wausau (Wausau) sought summary judgment for 50% reimbursement of a $500,000 settlement and defense costs. The settlement stemmed from an underlying personal injury action where Frank Rayno, an employee of Sage Garage, was injured on a construction site in 1976. Wausau provided workers' compensation and employer's liability insurance to Sage Garage, while General Accident provided general liability coverage. Wausau paid the full settlement and then pursued General Accident for contribution. General Accident argued for a pro rata contribution based on policy limits. The court granted Wausau's motion for summary judgment, ruling that both insurers should contribute equally up to the limit of the smaller policy, which was General Accident's $500,000 policy, meaning General Accident owed $250,000. The defendants' cross-motion was denied.

Insurance disputeSummary judgmentDeclaratory judgmentContribution among insurersReimbursementPolicy limitsEmployer's liability insuranceGeneral liability insuranceWorkers' compensationPro rata contribution
References
0
Case No. MISSING
Regular Panel Decision

Croswell v. Commercial Standard Ins. Co.

W. J. Croswell appealed a decision denying him workers' compensation for an injury sustained while performing carpentry work for Pig Stands Company, Inc. The Industrial Accident Board initially refused his claim. The central legal question was whether Croswell's carpentry work was within the "usual course of trade, business, profession or occupation" of his employer, Pig Stands, which was primarily chartered for manufacturing and selling food products. The court concluded that building structures was incidental, not central, to Pig Stands' usual business. Consequently, Croswell was not deemed an "employee" under the Workmen’s Compensation Act, and the employer did not have insurance covering such specific work at the time of his injury. The trial court's directed verdict in favor of Commercial Standard Insurance Company was affirmed on appeal.

Workers' CompensationScope of EmploymentIndustrial Accident BoardInsurance CoverageCarpenterManufacturing BusinessStatutory InterpretationUsual Course of BusinessDirected VerdictAppeal
References
7
Case No. MISSING
Regular Panel Decision

Matter of Stecher Aviation Services, Inc. (Commr. of Labor)

Stecher Aviation Services, Inc., a company providing aircraft flight crews, was assessed for unemployment insurance contributions for its flight crews by the Department of Labor. Stecher Aviation argued that its flight crews were independent contractors, but an Administrative Law Judge and the Unemployment Insurance Appeal Board found an employer-employee relationship existed. The appellate court affirmed the Board's decision, citing substantial evidence supporting the employer-employee relationship, including Stecher Aviation's control over crew selection, billing, payment rates, and provision of workers' compensation insurance. The court also rejected Stecher Aviation's claim of an unfair hearing due to the tax auditor's absence, as the supervisor, familiar with the investigation, was available to testify.

Unemployment InsuranceEmployer-Employee RelationshipIndependent ContractorSubstantial EvidenceAppellate ReviewDepartment of LaborUnemployment Insurance Appeal BoardFlight CrewWorkers' Compensation InsuranceFair Hearing
References
6
Case No. MISSING
Regular Panel Decision

Lewis v. Commercial Insurance Co. of Newark

The case concerns an appeal in a workers' compensation claim filed by Melvin Lee Lewis against Commercial Insurance Company of Newark, New Jersey. Lewis sustained severe burns in 1973 from an exploding meter while working for Houston Lighting & Power. After initial compensation payments, the carrier sued to set aside an Industrial Accident Board award. A jury found Lewis's injury was not the producing cause of incapacity, leading to a judgment for the carrier. On appeal, Chief Justice Dies found the jury's findings were against the great weight of evidence, citing undisputed facts of Lewis's total incapacity due to hospitalization and extensive medical treatments, including surgeries for scar tissue. The appellate court reversed the trial court's judgment and remanded the case for a new trial.

Workers' CompensationBurn InjuryIncapacityMedical TreatmentAppellate ReviewJury FindingsReversalRemandScar TissueMicrodebridement
References
5
Case No. W2019-02089-COA-R3-CV
Regular Panel Decision
Mar 11, 2022

Commercial Painting Company INC. v. The Weitz Company LLC

This is the third appeal in a commercial construction project dispute between general contractor Weitz Company, LLC and subcontractor Commercial Painting Company, Inc. Commercial Painting originally sued Weitz for damages, including intentional misrepresentation and breach of contract, resulting in a jury award of $1,729,122.46 in compensatory damages and $3,900,000.00 in punitive damages, plus interest and attorney's fees. On appeal, the Court of Appeals of Tennessee held that the economic loss rule applies to construction contracts between sophisticated commercial entities, thus barring the fraud claim and punitive damages. The court affirmed the compensatory damages for breach of contract but reversed the punitive damages and pre/post-judgment interest due to contractual waivers. The attorney's fees award was vacated and remanded for reconsideration to reflect only those fees related to the affirmed compensatory damages.

Commercial ConstructionSubcontractor DisputeBreach of ContractFraudulent MisrepresentationEconomic Loss RulePunitive DamagesCompensatory DamagesAttorney's FeesPre-judgment InterestPost-judgment Interest
References
11
Case No. MISSING
Regular Panel Decision

Valdez v. Commercial Union Assurance Companies

Carlos Valdez, the appellant, sued Commercial Union Assurance Companies to set aside a worker's compensation settlement. Valdez sustained an ankle injury while working for NAPA and later complained of back pain, which Dr. Langston reported as non-existent. Valdez settled for $2,000, but subsequently underwent back surgery for a ruptured disc. He alleged fraud, claiming reliance on false representations by Dr. Langston, whom he claimed was an agent of Commercial Union. The jury found that Dr. Langston's representation was false and material to Valdez's decision, but failed to find that Commercial Union used the reports to induce the settlement or that Dr. Langston was their agent. The appellate court affirmed the trial court's judgment, finding no evidence that the appellee used the reports to induce the settlement or that Dr. Langston was their agent.

Compromise SettlementFraudulent InducementMedical MisrepresentationAppellate AffirmationAgent AuthorityJury Verdict ReviewBack Injury ClaimWorker's Injury SettlementInsurance DisputeTreating Physician Role
References
3
Case No. MISSING
Regular Panel Decision

Home Life & Accident Co. v. Wade

This case involves an appeal by the Home Life & Accident Company from an award of the Industrial Accident Board in favor of C. Wade. Wade, an an employee of A. C. MacParlane, sustained injuries while loading steel cranes onto a barge in the navigable Sabine River. The central legal question was whether Wade's maritime injury fell under the Texas Workmen’s Compensation Law or the exclusive admiralty jurisdiction of federal courts. The trial court initially awarded compensation to Wade under state law. However, the appellate court, citing various U.S. Supreme Court precedents and an Attorney General's opinion, concluded that maritime injuries are subject to federal admiralty law, thus precluding state workers' compensation jurisdiction. Consequently, the trial court's judgment was reversed, and the appellate court ruled in favor of the Home Life & Accident Company.

Admiralty lawMaritime jurisdictionWorkers' compensationFederal preemptionState lawInjury at workNavigable watersLongshoremanSabine RiverEmployer liability
References
5
Case No. W2013-01989-COA-R3-CV
Regular Panel Decision
Nov 18, 2014

Commercial Painting Company, Inc. v. The Weitz Company, LLC

This case involves a construction contract dispute between subcontractor Commercial Painting Company, Inc. and general contractor The Weitz Company, LLC. The trial court initially granted summary judgment in favor of Weitz on Commercial Painting's tort claims, but subsequently awarded judgment to Commercial Painting on other issues after trial. On appeal, the Court of Appeals found that the trial court applied an incorrect standard when granting summary judgment on the tort claims, including fraud, misrepresentation, and rescission. Consequently, the appellate court vacated the summary judgment order and remanded the case, declining to address other contractual issues, as their resolution could be affected by the renewed consideration of the tort and rescission claims.

Construction ContractSummary JudgmentContract DisputeTort ClaimsNegligent MisrepresentationIntentional MisrepresentationRescissionPunitive DamagesAppellate ReviewVacated and Remanded
References
37
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