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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

National Union Fire Insurance v. Great American E&S Insurance

Plaintiff Ethical Culture Fieldston School (ECF) and Tishman, the project manager, were named additional insureds on Solar's general liability policy with Great American. Solar employee, Lisa Best, was injured on site. While Solar filed workers' compensation, notice to Great American about Best's personal injury lawsuit against Tishman and ECF, and Solar's subsequent impleading, was delayed. Tishman and ECF sought a declaratory judgment that Great American was obligated to defend and indemnify them, and Solar cross-claimed. Great American moved for summary judgment, asserting untimely notice. The court found Solar's delay of over a year in notifying Great American was untimely and that Solar's belief of nonliability was unreasonable, especially given its contractual indemnification obligations. Consequently, Great American was not obligated to provide coverage to Solar in the underlying action.

Insurance Coverage DisputeTimely Notice RequirementCondition PrecedentDuty to DefendDuty to IndemnifySummary JudgmentWorkers' Compensation ExclusivityContractual IndemnificationAdditional Insured StatusConstruction Site Injury
References
5
Case No. 08-20-00153-CV
Regular Panel Decision
Oct 12, 2022

Empower Texans, Inc. and Michael Quinn Sullivan v. Texas Ethics Commission

Appellants Empower Texans, Inc. and Michael Quinn Sullivan appealed a trial court's summary judgment regarding their counterclaim against the Texas Ethics Commission. They sought a declaratory judgment that Texas Government Code sections 571.061, .172, and .173 violate the Texas Constitution's Separation of Powers Clause, contending the Commission is a legislative body improperly exercising executive powers. The trial court affirmed the constitutionality of the statutes, ruling the Commission is an executive agency with constitutionally granted legislative powers. The Court of Appeals affirmed the trial court's judgment, concluding that neither the placement of the Commission's enabling provision in Article III nor its hybrid appointment procedure conclusively establishes it as a legislative body. Consequently, the appellate court found no violation of the Separation of Powers Clause.

Separation of PowersTexas ConstitutionEthics CommissionGovernment CodeJudicial ReviewState AgenciesExecutive BranchLegislative BranchSummary JudgmentDeclaratory Judgment
References
19
Case No. 2022 NY Slip Op 03553 [207 AD3d 117]
Regular Panel Decision
Jun 02, 2022

Sullivan v. New York State Joint Commn. on Pub. Ethics

Katherine C. Sullivan and Kat Sullivan LLC challenged the New York State Joint Commission on Public Ethics (JCOPE) regarding the application of the Lobbying Act to their advocacy efforts for the Child Victims Act. Plaintiffs asserted the Act was unconstitutional on its face due to First Amendment violations, vagueness, and overbreadth, and also challenged its constitutionality as applied to their activities, alongside the validity of JCOPE's regulations. The Appellate Division affirmed the dismissal of the facial challenges to the Lobbying Act, declaring it constitutional, and also upheld the dismissal of the challenge to JCOPE's regulations. However, the court reversed the Supreme Court's dismissal of the 'as-applied' challenges, concluding that a justiciable and ripe controversy existed. This allows for judicial review of JCOPE's interpretation and enforcement against plaintiffs' past and threatened future advocacy.

Lobbying ActFirst AmendmentFreedom of SpeechOverbreadth DoctrineVagueness DoctrineJusticiabilityRipenessDeclaratory JudgmentAppellate ReviewChild Victims Act
References
77
Case No. MISSING
Regular Panel Decision

Tishman Construction Corp. v. Arc Electrical Construction Co.

This case concerns a declaratory judgment action brought by Morgan Trust Company and Tishman Construction Corporation (plaintiffs) against Northbrook Property & Casualty Insurance Company (defendant). Plaintiffs sought a declaration that Northbrook was obligated to defend and indemnify them in an underlying action involving an injured worker, Joseph Hickey, who fell on a construction site. The initial motion for summary judgment by plaintiffs was denied by the IAS Court. However, the appellate court unanimously reversed this decision, granting summary judgment to the plaintiffs. The court determined that prior rulings based on res judicata established Northbrook's obligation, and that a late notice of claim argument by Northbrook lacked merit. Consequently, Northbrook was declared obligated to defend and indemnify the plaintiffs.

Summary judgmentDeclaratory judgmentInsurance obligationIndemnificationAdditional insuredRes judicataLate notice of claimAppellate reviewConstruction accidentContract law
References
4
Case No. MISSING
Regular Panel Decision
Jan 23, 2008

AIU Insurance v. Nationwide Mutual Insurance

The case involves a dispute between two insurers regarding their respective coverage obligations for a mutual insured in an underlying action following a fatal construction site accident. Plaintiff, who insured both the site owner and the subcontractor, sought reimbursement from defendant, who also insured the employer under a workers’ compensation policy, for half of a settlement paid in the underlying action. The Supreme Court initially granted summary judgment to plaintiff, obligating defendant to reimburse plaintiff. However, the appellate court reversed this decision, vacating the judgment and granting summary judgment to defendant. The appellate court ruled that the antisubrogation rule would have compelled the dismissal of any third-party action, thereby precluding plaintiff from obtaining reimbursement from a coinsurer.

Insurance CoverageSubrogationSummary JudgmentWorkers' CompensationConstruction AccidentFatal AccidentCoinsuranceAppellate ReversalUnderlying ActionThird-Party Action
References
1
Case No. MISSING
Regular Panel Decision

Preserver Insurance v. Ryba

This is a declaratory judgment action where an unnamed plaintiff insurance company appealed an order denying its motion for summary judgment and granting Northern Assurance Company of America's cross-motion for summary judgment. The plaintiff sought a declaration that it was not obligated to defend and indemnify East Coast Stucco & Construction, Inc., in an underlying personal injury action. The Supreme Court affirmed the lower court's decision, finding that the plaintiff failed to raise a triable issue of fact against Northern's prima facie showing that Insurance Law § 3420 (d) applied, rendering the plaintiff’s disclaimer untimely. Additionally, Northern established that the injured party was subject to Workers’ Compensation Law, precluding the application of the policy’s liability limit. The court remitted the matter for entry of a judgment declaring the plaintiff is obligated to defend and indemnify East Coast.

Insurance LawDeclaratory JudgmentSummary JudgmentIndemnificationDuty to DefendPolicy ExclusionWorkers' CompensationAppellate ReviewTimely DisclaimerInsurance Coverage
References
11
Case No. MISSING
Regular Panel Decision
May 06, 2004

In Re CEI Roofing, Inc.

This case concerns an emergency motion filed by CEI Roofing, Inc. and its affiliated debtors, undergoing Chapter 11 bankruptcy, to authorize the payment of pre-petition employee wages and benefits. The motion, seeking relief under Sections 105(a) and 363(b) of the Bankruptcy Code, was granted by Judge Harlin D. Hale. The court permitted the debtors to pay employee payroll obligations and maintain various benefit programs, including health plans, retirement benefits, and workers' compensation. The decision emphasized the necessity of these payments for preserving the debtors' going-concern value and was supported by the consent of the secured creditor, aligning with the Bankruptcy Code's priority scheme for such claims.

Chapter 11Emergency MotionEmployee ObligationsWage ClaimsBenefit ProgramsPriority ClaimsCash CollateralGoing Concern ValueBankruptcy Code SectionsCritical Vendors Doctrine
References
8
Case No. MISSING
Regular Panel Decision
Apr 17, 1979

Hughes, Harrison & Brown Roofing, Inc. v. Merchants Insurance

Plaintiffs, a corporation and individuals, initiated an action seeking a declaration that their insurance company, the defendant, was obligated to defend and indemnify them in a negligence lawsuit filed by an employee, Patrick Paul Black. The underlying negligence action alleged that the corporation failed to secure workers' compensation insurance. The defendant insurer denied its obligation, citing policy exclusions related to workers' compensation liabilities and disputing coverage for the individual plaintiffs. Initially, the Supreme Court, Orange County, granted the plaintiffs' request for accelerated judgment, compelling the insurer to provide defense. However, this judgment was subsequently reversed on appeal, with the appellate court noting the absence of the actual insurance policy and the impropriety of adjudicating coverage without it, especially concerning the workers' compensation exclusion.

Insurance coverage disputeDuty to defendDuty to indemnifyWorkers' compensation exclusionAccelerated judgmentNegligence actionEmployer liabilityAppellate reviewPolicy interpretationSummary judgment
References
0
Case No. MISSING
Regular Panel Decision

Government Employees Insurance v. Kolodny

Government Employees Insurance Company (GEICO) initiated a declaratory judgment action to determine if it was obligated to indemnify Chaim S. Kolodny or provide coverage for claims stemming from a fatal 1990 automobile accident. GEICO argued a policy exclusion applied because the vehicle was for Kolodny's regular use. The Supreme Court initially granted GEICO's motion for summary judgment. However, the appellate court reversed this decision, ruling that GEICO's disclaimer, issued over a year after receiving notice of the accident, was untimely and lacked an adequate explanation for the delay. Consequently, GEICO was found to be obligated to provide coverage. The appeal from the intermediate order was dismissed.

Insurance CoverageAutomobile AccidentDeclaratory JudgmentTimely DisclaimerPolicy ExclusionSummary JudgmentAppellate ReviewEstate AdministrationIndemnificationRegular Use Clause
References
6
Case No. MISSING
Regular Panel Decision
Feb 04, 2004

HRH Construction Interiors, Inc. v. Royal Surplus Lines Insurance

This case involves HRH Construction Interiors, Inc. (HRH) and National Union Fire Insurance Company (National) seeking to establish Royal Surplus Lines Insurance Company's (Royal) obligation to defend HRH in an underlying action and reimburse legal fees. The Supreme Court, New York County, initially ruled that Royal was obligated to defend HRH and reimburse legal fees from December 30, 1999. Upon appeal, this order was modified to change the reimbursement start date to November 22, 2000, and otherwise affirmed. The court rejected Royal's argument that a specific endorsement overrode a general blanket additional insured endorsement, which Royal claimed would make them coprimary insurers with National. The duty to defend was clarified to be triggered upon the commencement of the underlying action against HRH.

Insurance disputeGeneral contractor liabilityAdditional insured endorsementDuty to defendInsurance reimbursementSummary judgmentPolicy interpretationConstruction site accidentPrimary insuranceOther insurance clause
References
0
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