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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
Jan 22, 2007

Liberty Mutual Insurance v. Insurance Co. of Pennsylvania

This case concerns an appeal regarding an insurance dispute between Liberty Mutual (excess insurer) and AIG (primary insurer) over a $1.5 million settlement payment in a personal injury action. The underlying action involved an employee of General Industrial Service Corporation, a subcontractor, suing the project's owner and construction manager under the Labor Law. AIG, General's primary insurer, had refused to participate in the defense or settlement. The Supreme Court's order, which limited plaintiff's recovery to $500,000, was modified on appeal. The appellate court increased AIG's potential liability limit to $1,000,000, pending a determination of whether the employee sustained a 'grave injury' under Workers' Compensation Law § 11. The court affirmed that AIG, as a primary insurer, must exhaust its coverage before Liberty's excess coverage is implicated and is not entitled to apportionment with the excess insurer.

Insurance Coverage DisputeExcess InsurancePrimary InsuranceIndemnificationSubrogationWorkers' Compensation LawGrave InjurySummary JudgmentPolicy LimitsApportionment of Liability
References
6
Case No. MISSING
Regular Panel Decision

Long v. Liberty Mutual Insurance

A claimant, a member of the Buffalo Destroyers football team, was injured and filed a workers' compensation claim with Liberty Mutual Insurance Company. Liberty Mutual denied coverage, arguing the claimant was not an employee of its insured, Source One Group, and that the policy could not cover a New York entity. The Workers' Compensation Board initially found the claimant a dual employee, then a special employee of the Destroyers and a general employee of Source One, entitling him to coverage. The court determined that while the claimant was not a de facto employee of Source One, Liberty Mutual was estopped from denying coverage due to its conduct, including issuing a certificate of insurance and accepting premiums. Therefore, the court affirmed the Board's decision, holding Liberty Mutual responsible for the claimant's workers' compensation benefits.

Insurance Coverage DisputeEmployer LiabilityProfessional Employee OrganizationSpecial Employment DoctrineEstoppel in InsuranceAssigned-Risk Insurance PolicySports Athlete InjuryAppellate DecisionPayroll Audit DisputeCertificate of Insurance Validity
References
11
Case No. MISSING
Regular Panel Decision
Dec 11, 2002

State Insurance Fund v. Liberty Mutual Insurance

The New York State Insurance Fund (SIF), acting on its own behalf and for its subrogee Kaback Enterprises, Inc., sued Liberty Mutual Insurance Company. SIF sought a declaratory judgment that Liberty Mutual must indemnify Kaback and contribute one million dollars to a two-million-dollar settlement SIF made on Kaback's behalf. This settlement stemmed from an accident involving Kaback employee Steven Flamio in 1991. The core dispute involves whether Liberty Mutual's general commercial liability policy covers the settlement, given an employee exclusion, and questions of timely notice and disclaimer of coverage. Both parties moved for summary judgment, but the court found numerous disputed material facts, including the scope of claims covered by the settlement, timely notice to Liberty Mutual, and the timeliness of Liberty Mutual's disclaimer. The court therefore denied both motions for summary judgment, directing the parties to a trial scheduling/settlement conference.

Summary JudgmentDeclaratory JudgmentInsurance Coverage DisputeEmployee ExclusionIndemnificationWorkers' CompensationSubrogationTimely NoticeDisclaimer of CoverageMaterial Issues of Fact
References
11
Case No. 2019 NY Slip Op 08951 [178 AD3d 525]
Regular Panel Decision
Dec 12, 2019

Matter of Global Liberty Ins. Co. of N.Y. v. North Shore Family Chiropractic, PC

The Appellate Division, First Department, affirmed the dismissal of a petition by Global Liberty Insurance Company of New York, which sought to vacate an arbitration award denying their claim. Global Liberty had argued that workers' compensation benefits were available to the assignor, Ramon Martinez, and thus their denial of the no-fault insurance claim to North Shore Family Chiropractic, PC (Martinez's assignee) was proper. The court found that Global Liberty failed to prove Martinez was injured in the course of his employment. The order was modified to remand the matter for a determination of attorneys' fees owed to North Shore Family Chiropractic, PC, including those for the appeal.

Insurance DenialNo-Fault BenefitsArbitration AwardAttorneys' FeesWorkers' Compensation CoverageEmployment StatusAppellate ReviewRemandBurden of ProofAssignor
References
4
Case No. MISSING
Regular Panel Decision

Doherty v. Barco Auto Leasing Co.

This case concerns an appeal challenging an order that vacated two intercompany arbitration awards. The dispute originated from a 1984 accident involving Andrew Doherty, whose employer was insured by Liberty Mutual for workers' compensation and automobile liability, and a vehicle insured by State Farm. After a jury found defendants 80% liable, Liberty Mutual pursued arbitration to recover paid workers' compensation and no-fault benefits, receiving an 80% award. State Farm successfully applied to the Supreme Court to vacate these awards, arguing a prior settlement stipulation waived Liberty Mutual's rights. The appellate court reversed, holding that Insurance Law § 5105 provides mandatory arbitration as the sole remedy for loss transfer, not a lien, and the stipulation did not explicitly waive this right. Consequently, the arbitration awards were confirmed, as State Farm failed to prove misconduct.

Arbitration AwardsInsurance Law § 5105Loss Transfer ClaimsWorkers' Compensation BenefitsNo-Fault BenefitsStipulation of SettlementWaiver of RightsIntercompany ArbitrationAppellate ReviewCPLR 7511
References
4
Case No. 532194
Regular Panel Decision
Nov 10, 2022

In the Matter of the Claim of Marc Trombino

Claimant Marc Trombino, an iron worker, filed a workers' compensation claim in September 2016 for work-related lung conditions, including silicosis and chronic obstructive pulmonary disease, naming FMB Inc. as his employer. The claim was initially indexed against Phoenix Insurance Co., then corrected to Liberty Insurance Corporation after an investigation. Liberty disputed coverage, but a Workers' Compensation Law Judge (WCLJ) found prima facie evidence and established the claim, finding an occupational disease and permanent total disability. Liberty appealed, belatedly raising a lack of policy coverage for the work location. The Board remitted the matter for a hearing on coverage, during which Ace American Insurance Company was put on notice. The WCLJ and subsequently the Board invoked the doctrine of laches, barring Liberty from denying coverage due to its inexcusable delay in raising the defense and the resultant prejudice to Ace American. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision.

Workers' CompensationOccupational DiseaseSilicosisChronic Obstructive Pulmonary DiseaseLaches DoctrineInsurance Coverage DisputeAppellate ReviewPrima Facie EvidencePermanent Total DisabilityMedical Expert Testimony
References
7
Case No. MISSING
Regular Panel Decision

Big Yank Corp. v. Liberty Mutual Fire Insurance (In Re Water Valley Finishing, Inc.)

This case is an appeal from an adversary proceeding in the United States Bankruptcy Court for the Southern District of New York. The Bankruptcy Court ruled that a Kentucky district court's award of sanctions against Big Yank Corporation, in the form of attorney's fees, was discharged in bankruptcy under 11 U.S.C. § 1141(d)(1). Liberty Mutual Fire Insurance Company, the appellant, challenged this ruling, arguing the claim did not arise until after the confirmation of Big Yank's reorganization plan. The District Court affirmed the Bankruptcy Court's decision, finding that the possibility of the sanctions claim was within the contemplation of the parties prior to the bankruptcy petition and plan confirmation, thus making it a pre-petition claim discharged by the plan.

Bankruptcy AppealSanctions DischargeAttorney's FeesChapter 11 ReorganizationClaim AccrualPre-petition ClaimContingent ClaimUnmatured ClaimBad Faith LitigationFederal Bankruptcy Law
References
20
Case No. MISSING
Regular Panel Decision

Liberty USA Corp. v. Buyer's Choice Insurance Agency LLC

Liberty USA Corporation sued Buyer's Choice Insurance Agency LLC and Terry S. Jacobs for $183,333.00 due on a Promissory Note. Defendants, after removing the case to federal court in the Southern District of New York, moved to dismiss or transfer venue. The central issue was conflicting forum selection clauses in the Promissory Note (New York) and an Asset Purchase Agreement (Ohio), both part of the same transaction. Applying contract interpretation principles from both New York and Ohio law, the court determined the Asset Purchase Agreement's Ohio forum selection clause superseded the Promissory Note's clause. Lacking statutory authority to transfer to a state court, the federal court granted the Defendants' motion to dismiss without prejudice.

Forum Selection ClausePromissory NoteAsset Purchase AgreementSubject Matter JurisdictionPersonal JurisdictionTransfer of VenueDiversity JurisdictionContract InterpretationOhio LawNew York Law
References
26
Case No. MISSING
Regular Panel Decision

Nationwide Insurance v. Empire Insurance Group

This case concerns a dispute over insurance coverage. Marcos Ramirez was injured while working for Fortuna Construction, Inc. at premises owned by 11194 Owners Corp. Fortuna had subcontracted work from Total Structural Concepts, Inc. and agreed to add Total Structural as an additional insured on its general liability policy with Empire Insurance Group and Allcity Insurance Company. Ramirez sued 11194 Owners Corp. and Total Structural. Total Structural then commenced a third-party action against Fortuna. Nationwide Insurance Company, as Total Structural's insurer and subrogee, initiated a declaratory judgment action against Empire and Allcity after discovering Total Structural was an additional insured on their policy, demanding coverage for the Ramirez action. The Supreme Court granted Nationwide's motion for summary judgment, but the appellate court reversed, finding that Total Structural failed to provide timely notice of the Ramirez action to Empire and Allcity as required by the policy. The court emphasized that timely notice is a condition precedent to recovery and that lack of diligent effort to ascertain coverage vitiates the policy. Consequently, the appellate court granted Empire and Allcity's cross-motion, declaring they are not obligated to defend or indemnify Nationwide/Total Structural.

Insurance CoverageTimely NoticeCondition PrecedentDeclaratory JudgmentAdditional InsuredSubrogationSummary JudgmentBreach of ContractPersonal InjuryGeneral Liability Policy
References
8
Case No. MISSING
Regular Panel Decision
Mar 21, 2008

WTC Captive Insurance v. Liberty Mutual Fire Insurance

This opinion addresses the second phase of a dispute between the City's 9/11 clean-up insurance carriers, focusing on which carriers must defend the City and its contractors against lawsuits from injured clean-up workers. Plaintiff WTC Captive Insurance Company, funded by FEMA, sought a declaration that defendant London Insurers owed a duty to defend. District Judge Alvin K. Hellerstein granted WTC Captive's motion for partial summary judgment, ruling that the London Insurers have an ongoing duty to defend the City and its contractors. The court found that the pollution exclusion clause in the London Insurers' policies did not excuse this duty, as the underlying claims were based on negligent workplace safety rather than direct pollution causation. Additionally, the London Insurers' defense of inadequate notice was rejected, as timely notice was deemed to have been provided.

Insurance Coverage DisputeDuty to DefendPollution ExclusionWorld Trade Center Litigation9/11 Clean-upExcess Insurance PolicyWorkplace Safety NegligenceDeclaratory JudgmentSummary Judgment RulingNotice of Claims
References
15
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