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

Folksamerica Reinsurance Co. Ex Rel. Christiana General Insurance Co. of New York v. Clean Water of New York, Inc.

Folksamerica Reinsurance Company, as successor to Christiana General Insurance Company, sought a declaratory judgment against Clean Water of New York, Inc., seeking to be relieved of its obligation to defend or indemnify Clean Water in a personal injury lawsuit. The underlying suit stemmed from an injury sustained by Milton Rivera while cleaning an ocean-going vessel in New York Harbor. The central legal question for the federal court was whether it possessed admiralty jurisdiction, which hinged on whether the insurance policy was a 'maritime' contract. The court concluded that the primary Section I of the policy, a comprehensive general liability section, lacked maritime character, and the policy as a whole was not purely maritime. Consequently, as the claim did not arise under the potentially maritime Section II, and exceptions for mixed contracts did not apply, the court dismissed the complaint for lack of subject matter jurisdiction.

Admiralty JurisdictionMaritime LawInsurance ContractDeclaratory JudgmentSubject Matter JurisdictionComprehensive General LiabilityMarine InsuranceContract InterpretationFederal CourtShip Cleaning
References
11
Case No. MISSING
Regular Panel Decision

General Electric Co. v. M/V Gediz

General Electric Company brought an action against Turkish Cargo Lines under the Carriage of Goods by Sea Act (COGSA) for alleged cargo damage. Turkish Cargo Lines moved for summary judgment, asserting that General Electric's claim was barred by COGSA's one-year statute of limitations. General Electric contended that Turkish Cargo was estopped from raising this defense due to its conduct, which supposedly induced General Electric not to file suit within the required period. The court conducted a hearing to assess the validity of the estoppel claim. Ultimately, the court found that General Electric failed to demonstrate sufficient conduct by Turkish Cargo to warrant an estoppel, noting that claimed extensions were invalid or made by unauthorized agents. Consequently, Turkish Cargo Lines' motion for summary judgment was granted, and General Electric's complaint was dismissed as time-barred.

COGSAStatute of LimitationsEstoppelSummary JudgmentCargo DamageMaritime LawShipping DisputeAgent AuthoritySettlement NegotiationsTime Barred
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

Gould v. General Mills, Inc.

Plaintiff Gould, a longshoreman, was injured in 1973 while unloading a vessel and sued General Mills, Inc., alleging negligence and breach of warranty due to defective equipment. General Mills, the vessel's owner and cargo consignee, then filed a third-party complaint against Great Lakes Associates, Inc., the stevedore and Gould's employer, claiming negligence and breach of Great Lakes's warranty of workmanlike performance. Great Lakes moved for summary judgment, citing the exclusivity provision of the Longshoremen’s and Harbor Workers’ Compensation Act (33 U.S.C. § 905) as immunity from General Mills's indemnity claim. The court denied Great Lakes's motion, ruling that General Mills's claim was not solely based on Gould's injury but primarily on Great Lakes's alleged breach of independent contractual obligations and implied warranties to perform work safely.

Longshoreman injuryNegligence claimBreach of warrantyThird-party actionSummary judgment motionLongshoremen’s and Harbor Workers’ Compensation ActExclusivity provisionIndemnification claimWorkmanlike performanceFederal Rules of Civil Procedure
References
22
Case No. MISSING
Regular Panel Decision
Jul 07, 1978

SOCIALIST WKRS. PARTY v. Attorney General of US

This case involves an action by the Socialist Workers Party (SWP) and the Young Socialist Alliance (YSA) against various federal agencies and officials, primarily the Attorney General and the FBI, for alleged constitutional violations stemming from extensive FBI informant activities and disruption programs. The current opinion addresses the Attorney General's refusal to comply with a May 31, 1977, court order to produce 18 confidential FBI informant files to plaintiffs' counsel. The court rejected the Attorney General's arguments concerning informant confidentiality, appellate review, and alternative sanctions, emphasizing the files' indispensable nature for the litigation of plaintiffs' claims, which include demands for damages and injunctive relief. The court ruled that the Attorney General must comply with the production order by July 7, 1978, or face civil contempt, underscoring the judiciary's power to enforce orders even against high-ranking government officials.

Informant ConfidentialityDiscovery DisputeCivil ContemptGovernment MisconductFBI SurveillancePolitical OrganizationsFirst Amendment RightsConstitutional ViolationsAppellate ReviewAttorney General
References
35
Case No. MISSING
Regular Panel Decision

Johnson v. General Design and Development, Inc.

Jerry Johnson was severely injured in November 1991 when a drill bound, causing him to fall from a stepladder at a construction site. He and his spouse sued the general contractor, General Design and Development, Inc., alleging violations of Labor Law §§ 200, 240 (1), and 241 (6), among other claims. General subsequently initiated a third-party action against subcontractors Omni Plumbing Company and Thomas P. Pleat Construction, Inc., seeking contribution and indemnification. Plaintiffs were granted partial summary judgment on liability under Labor Law § 240 (1) by the Supreme Court. The defendants appealed, contending the injuries were not elevation-related. The appellate court affirmed the Supreme Court's order, ruling that the stepladder was inadequate and the accident constituted an elevation-related risk under Labor Law § 240 (1), thus establishing a prima facie violation.

Construction AccidentLabor LawFall from HeightScaffolding LawSummary JudgmentAppellate ReviewPersonal InjuryContractor LiabilitySubcontractor LiabilityIndemnification
References
11
Case No. MISSING
Regular Panel Decision

Carlingford Australia General Insurance v. St. Paul Fire & Marine Insurance

This case involves a dispute between Carlingford Australia General Insurance Limited (plaintiff) and defendant reinsurers, including St. Paul Fire and Marine Insurance Company, Aetna Insurance Company, and CIGNA Corporation, along with broker Marsh & McLennan, Inc., concerning a worker's compensation reinsurance policy. The core issue revolves around whether the reinsurance was on an aggregate or per-occurrence basis. Defendants moved to amend their answers to introduce an affirmative defense and counterclaim for rescission, alleging the plaintiff concealed material facts about its premium arrangements with the insured (Courtaulds-Nilsen), which seemingly guaranteed the plaintiff a profit. The court, after reviewing arguments and relevant case law such as Sun Mutual Insurance Company v. Ocean Insurance Company and China Union Lines v. American Marine Underwriters, granted the reinsurers' motion to amend their answers, concluding that the arguments regarding the materiality of the non-disclosures address the merits and should be allowed to be tested.

Reinsurance DisputeWorker's Compensation InsuranceMotion to Amend PleadingsAffirmative DefenseCounterclaim for RescissionMaterial NondisclosureInsurance PremiumsUnderwriting PracticesBroker LiabilityContract Interpretation
References
10
Case No. MISSING
Regular Panel Decision
Nov 13, 2000

Rosenberg v. Ben Krupinski General Contractors, Inc.

Robert Rosenberg, an employee of an alarm company, was allegedly injured after tripping over cardboard at a construction site. He and his wife sued Ben Krupinski General Contractors, Inc. (the general contractor) and Dave Mims Fifth Generation Painting Contractors (a subcontractor) under Labor Law §§ 200 and 241 (6). The Supreme Court granted summary judgment to Mims but denied Krupinski's motion for similar relief. On appeal, the order was modified; Krupinski's motion for summary judgment dismissing the Labor Law § 200 claim was granted, as Krupinski established it had no authority to control the activity causing the injury. However, the motion for summary judgment on the Labor Law § 241 (6) claim was properly denied due to triable issues of fact regarding whether the accident occurred in a passageway or work area and whether specific regulations (12 NYCRR 23-1.7 (e) (1) or (2)) were violated, and whether Krupinski was still the general contractor at the time of the accident.

Personal InjuryConstruction AccidentGeneral Contractor LiabilitySummary JudgmentSafe Place to WorkAppellate DivisionTriable Issue of FactLabor Law CompliancePremises LiabilitySubcontractor
References
3
Case No. MISSING
Regular Panel Decision
Mar 04, 2011

East 51st Street Crane Collapse Litigation v. Lincoln General Insurance

This Supreme Court order addresses an insurance coverage dispute stemming from a 2008 crane collapse in Manhattan, which led to multiple claims against the property owner, East 51st Street Development Company, LLC. The primary conflict involved insurance companies Lincoln General, AXIS Surplus, and Interstate Fire and Casualty regarding their duty to defend East 51st Street and reimburse Illinois Union Insurance Company for defense costs. Initially, the Supreme Court granted various motions for summary judgment, establishing duties to defend and determining policy priority. However, the appellate court modified the order, denying Lincoln General's assertions of excess coverage and declaring Lincoln General primarily obligated to provide coverage to East 51st Street. Other aspects, such as AXIS and Interstate's duty to share defense costs, and East 51st Street's status as an additional insured, were affirmed.

Insurance Coverage DisputeDuty to DefendDefense Costs ReimbursementPrimary CoverageExcess CoverageSummary Judgment MotionAdditional InsuredCrane Collapse LitigationPolicy InterpretationInsurance Policy Limits
References
9
Case No. MISSING
Regular Panel Decision

O'Keefe v. General Accident Insurance

Plaintiff Violet O'Keefe initiated an action against General Accident Insurance Company, alleging disparate treatment and retaliation based on age and sex, violating Title VII, ADEA, and New York Human Rights Law. O'Keefe claimed a discriminatory work environment and unlawful termination following her refusal of a proposed job transfer. The defendant argued O'Keefe's performance was poor and the transfer was a lateral move. The District Court denied the defendant's motion for summary judgment regarding the federal discrimination and retaliation claims, finding a genuine issue of material fact existed as to whether General Accident's reasons for termination were pretextual. However, the Court granted summary judgment for the defendant on the state law claims, declining to exercise pendent jurisdiction.

DiscriminationAge DiscriminationSex DiscriminationTitle VIIADEARetaliationSummary JudgmentEmployment LawPretextPrima Facie Case
References
19
Showing 1-10 of 2,208 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