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

Case No. 2023 NY Slip Op 02305 [216 AD3d 630]
Regular Panel Decision
May 03, 2023

Lochan v. H & H Sons Home Improvement, Inc.

Ashram Lochan sued H & H Sons Home Improvement, Inc., 82 S 4 Associate Limited Liability Company, and Hassan Haghanegi for personal injuries sustained from falling off an unsecured ladder while painting, alleging Labor Law violations. The Supreme Court granted the plaintiff's motion for summary judgment on liability against 82 S 4 Associate Limited Liability Company and, in effect, searched the record to award summary judgment against Hassan Haghanegi, denying the defendants' cross-motion to dismiss. The Appellate Division modified the order by deleting the award of summary judgment against Hassan Haghanegi, finding it improperly searched the record. However, it affirmed the grant of summary judgment against 82 S 4 Associate Limited Liability Company, concluding the plaintiff established a prima facie case and defendants failed to raise a triable issue. The court also affirmed the denial of the defendants' cross-motion, ruling they failed to establish the plaintiff was the sole proximate cause, a recalcitrant worker, or a volunteer.

Ladder AccidentPersonal InjurySummary JudgmentAppellate ReviewLabor Law § 240(1)Sole Proximate CauseRecalcitrant Worker DefenseUnsecured LadderConstruction Site SafetyWorker Fall
References
18
Case No. 13-15-00506-CV
Regular Panel Decision
Dec 17, 2015

Scripps NP Operating, LLC, a Wisconsin Limited Liability Company, Successor in Interest to Scripps Texas Newspapers, LP D/B/A Corpus Christi Caller-Times and the E.W. Scripps Company v. Terry Carter

This case is an interlocutory appeal of a denied motion for summary judgment in a libel lawsuit. Appellants Scripps NP Operating, LLC, and The E.W. Scripps Company are being sued by Appellee Terry Carter, former president and CEO of the Corpus Christi Chamber of Commerce, over 25 articles published in 2008. The articles reported on alleged financial and management irregularities during Carter's tenure, including shifted funds and deferred salary, which led to a stated profit instead of a deficit. Appellants argue that the articles were not defamatory, were substantially true, constituted non-actionable opinion, or were privileged fair reports of judicial proceedings and public meetings, and were published without negligence or actual malice.

LibelDefamationAppellate LawSummary JudgmentFirst AmendmentMedia LawJournalism StandardsFinancial IrregularitiesChamber of CommerceEmployment Dispute
References
50
Case No. 14-04-00651-CV
Regular Panel Decision
Mar 08, 2007

Coastal Refining & Marketing, Inc., Coastal Offshore Insurance Limited, and Lexington Insurance Company v. United States Fidelity and Guaranty Company

This insurance coverage dispute centers on whether United States Fidelity and Guaranty Company (USF&G) had a duty to reimburse its insured, Coastal Refining & Marketing, Inc., and two other carriers, Coastal Offshore Insurance Limited and Lexington Insurance Company, for costs incurred in settling a personal injury lawsuit. USF&G moved for summary judgment, arguing late notice, settlement without consent, and failure to cooperate by its insured. The appellate court reversed the trial court's summary judgment, finding that USF&G failed to produce evidence of actual prejudice resulting from the insured's actions. The court clarified that for bodily injury and property damage claims, actual, not merely speculative, prejudice must be demonstrated to void coverage. The case was remanded for further proceedings consistent with this opinion.

Insurance CoverageSummary JudgmentPrejudice (Insurance Law)Late Notice (Insurance)Voluntary Payment ClauseDuty to Cooperate (Insurance)IndemnificationContract LawAppellate ReviewTexas Law
References
41
Case No. 01-00-00586-CV
Regular Panel Decision

Ranger Insurance Company and Swift Energy Company v. American International Specialty Lines Insurance Company, Flournoy Production Company, and Flournoy Drilling Company

This case involves indemnity and insurance claims arising from oilfield litigation. Appellants, Ranger Insurance Company and Swift Energy Company, appealed a summary judgment granted to appellees, American International Specialty Lines Insurance Company, Flournoy Production Company, and Flournoy Drilling Company. The trial court had ruled that mutual indemnity provisions in an oil and gas drilling contract were void under the Texas Oilfield Anti-Indemnity Act. The Court of Appeals reversed and remanded the judgment, holding that the contract was enforceable up to the extent of mutual coverage and dollar limits, and that its indemnity provisions were conspicuous.

Oilfield LitigationIndemnityInsurance ClaimsTexas Oilfield Anti-Indemnity ActSummary JudgmentContract InterpretationMutual Indemnity ObligationConspicuousnessAppellate ReviewWell Blowout
References
18
Case No. 05-16-00875-CV
Regular Panel Decision
Jul 20, 2018

Peerless Indemnity Insurance Company, America First Insurance Company, the Netherlands Insurance Company, and America First Lloyds Insurance Company A.K.A. America First Insurance Company v. GLS Masonry, Inc.

The case involves an appeal by several insurance companies (Appellants) against GLS Masonry, Inc. (Appellee) after a take-nothing judgment in their suit to collect unpaid insurance premiums. The dispute centered on whether GLS's masonry workers were independent contractors or employees for premium calculation purposes, particularly for workers' compensation and general liability policies. The Appellants argued that GLS owed additional premiums due to audits reclassifying workers as employees and based on a lack of liability insurance for subcontractors. The trial court sided with GLS, finding that the insurance companies failed to establish the applicability of certain labor code provisions and did not sufficiently prove that GLS owed additional premiums, especially considering evidence that the workers were independent contractors and payments were made on policies. The Court of Appeals affirmed the trial court's judgment.

Insurance DisputeUnpaid PremiumsCommercial General LiabilityPremium AuditIndependent Contractor StatusEmployee ClassificationBreach of ContractTexas Appellate LawFactual Sufficiency ReviewSworn Account Claim
References
12
Case No. 01-19-00852-CV
Regular Panel Decision
Sep 21, 2021

National Union Fire Insurance Company of Pittsburgh, PA v. Exxon Mobil Corporation

This case involves two related appeals concerning insurance coverage for bodily injury claims against Exxon Mobil Corporation by its contractor's employees, Kevin Roberts and Arturo Munoz. National Union Fire Insurance Company of Pittsburgh, Pa. challenged a trial court's summary judgment in favor of Exxon and Starr Indemnity and Liability Insurance Company, arguing its umbrella policy did not provide coverage beyond its CGL policy, as dictated by the Exxon-Savage Contract. Exxon also challenged a summary judgment favoring Starr. The appeals court reversed the judgment against National Union, finding that 'Commercial General Liability insurance' in the contract referred only to primary coverage, not umbrella or excess policies. Consequently, Exxon was not entitled to coverage under National Union's umbrella policy. The court affirmed the summary judgment in favor of Starr, as its bumbershoot policy was also considered an umbrella policy. The case was remanded for reconsideration of attorney's fees and costs.

Insurance Policy InterpretationCommercial General LiabilityUmbrella Liability InsuranceExcess Liability InsuranceAdditional Insured EndorsementSummary Judgment ReviewBreach of ContractDeclaratory JudgmentAppellate ProcedurePersonal Injury Claims
References
34
Case No. 14-02-00860-CV
Regular Panel Decision
Feb 23, 2006

Lennar Corporation, Lennar Homes of Texas Land and Construction, Limited, and Lennar Homes of Texas Sales and Marketing, Limited, D/B/A Village Builders v. Great American Insurance Company, American Dynasty Surplus Lines Insurance Company, Markel American Insurance Company Gerling America Insurance Company, RLI Insurance Company, Insurance Company of the State of Pennsylvania and Westchester Fire Ins Company

This case concerns an insurance coverage dispute between homebuilder Lennar Corporation and its CGL insurance carriers over damages caused by defective stucco (EIFS) applied to homes. The court analyzed whether negligently defective construction constitutes an "occurrence" and distinguished between covered costs (repairing actual water damage) and non-covered costs (preventative EIFS replacement, overhead). While affirming summary judgment for several insurers due to unmet self-insured retentions based on individual homes as separate occurrences, the court reversed for American Dynasty and Markel, citing unresolved factual issues regarding "known loss" and policy conditions. Lennar's extra-contractual claims against American Dynasty were ultimately denied for lack of proven damages or statutory violations.

Insurance Policy InterpretationConstruction DefectsCommercial Liability InsuranceProperty Damage ClaimsStucco DefectsDuty to IndemnifySelf-Insured RetentionsKnown Loss PrincipleSubcontractor LiabilityTexas Law
References
96
Case No. No. 21-0936
Regular Panel Decision
Apr 14, 2023

Exxonmobil Corporation v. National Union Fire Insurance Company of Pittsburgh, Pa, and Starr Indemnity & Liability Insurance Company

The Supreme Court of Texas addressed whether an insurance policy incorporates payout limits from an underlying service agreement. The Court held that it does not, emphasizing that the doctrine of incorporation by reference requires a clear manifestation of intent. It clarified that an umbrella policy's 'broader coverage' clause refers to the types of risks covered, not the financial limits, and that umbrella policies serve to provide higher limits for risks already covered by exhausted primary policies. The Court reversed the judgment of the court of appeals, finding that ExxonMobil Corporation is an 'insured' under the umbrella policies and remanded the case for further proceedings.

Insurance LawContract InterpretationIncorporation by ReferenceUmbrella PolicyPrimary PolicyAdditional InsuredPayout LimitsService AgreementTexas Supreme CourtCommercial General Liability
References
9
Case No. 01–04–01277–CV
Regular Panel Decision
Jan 26, 2006

Zapata County and Zapata Independent School District v. Conocophillips Company on Its Own Behalf and as Successor–by–merger to Conoco Inc. (f/K/A Continental Oil Company, Inc.) Brandywine Industrial Gas, Inc. Phillips Petroleum Company El Paso Production Oil and Gas Company

This opinion consolidates 19 separate suits filed by various Texas counties and school districts (Taxing Units) against numerous oil and gas companies (Oil Companies). The Taxing Units alleged fraud and conspiracy to defraud through schemes to undervalue oil and gas reserves for ad valorem tax purposes, leading to underpayment of taxes. The trial courts granted the Oil Companies' pleas to the jurisdiction, dismissing the cases because the Taxing Units failed to exhaust administrative remedies under the Texas Tax Code. The Court of Appeals affirmed the trial court's decision, concluding that the Tax Code provides the exclusive means for addressing such claims, establishing a pervasive regulatory scheme through the Appraisal Review Board, and offering remedies like challenging valuations or back-appraising omitted property. The court held that the Taxing Units cannot bypass the comprehensive statutory scheme by recharacterizing tax disputes as common-law fraud cases.

Ad Valorem TaxProperty ValuationTax FraudAdministrative RemediesExclusive JurisdictionTexas Tax CodeAppraisal Review BoardOil and Gas TaxationMineral InterestsExhaustion of Remedies
References
14
Case No. MISSING
Regular Panel Decision

Employers' Liability Assur. Corp. v. Williams

J. H. Williams, an employee, sustained an injury in September 1924 while working for American Construction Company, an insured employer under the Texas Employers’ Liability Act. He initially received weekly compensation payments from Employers’ Liability Assurance Corporation, Limited. After payments ceased, Williams sought a lump sum award from the Industrial Accident Board, which was granted in June 1925. The assurance corporation subsequently sued in the district court of Galveston county to set aside this award. Williams cross-petitioned for total and permanent disability and a lump sum payment due to manifest hardship. A jury found Williams totally and permanently disabled, and the court sided with Williams, awarding him and his attorneys, Morris, Sewell & Morris, a lump sum of $6,032.15. The assurance corporation appealed this judgment, contesting the finding of total permanent disability and the lump sum award. The appellate court affirmed the lower court's decision, finding sufficient evidence to support the jury's findings and noting the appellant's failure to follow legal procedures regarding a surgical operation demand.

Workers' CompensationTotal Permanent DisabilityLump Sum SettlementIndustrial Accident BoardAppellate ReviewMedical Expert TestimonyJury FindingsEmployer LiabilitySurgical InterventionManifest Hardship
References
6
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