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

Stellar Mechanical Services of New York, Inc. v. Merchants Insurance of New Hampshire

This case involves an appeal concerning an insurance dispute over the duty to defend and indemnify. The plaintiff, Stellar Mechanical Services of New York, Inc., sought a declaratory judgment against Merchants Insurance of New Hampshire, claiming primary insurer obligations in an underlying personal injury action. Stellar, insured by American Empire Surplus Lines Insurance Company, had subcontracted duct work to Serge Duct Design, which was insured by Merchants. Serge was obligated to name Stellar as an additional insured. After a worker's injury and subsequent lawsuit, Merchants disclaimed coverage. The appellate court modified the lower court's order, ruling that Merchants is obligated as the primary insurer to defend Stellar from the time the second amended complaint was served, but not to indemnify Stellar. The case was remitted to the Supreme Court, Queens County, for an assessment of costs incurred by American Empire Surplus Lines Insurance Company.

Insurance CoverageAdditional Insured StatusDuty to DefendDuty to IndemnifyPrimary InsurerExcess InsurerSummary JudgmentContract LawSubcontract AgreementPersonal Injury Action
References
13
Case No. 2015 NY Slip Op 08737 [133 AD3d 860]
Regular Panel Decision
Nov 25, 2015

Matter of Russo v. New Hampshire Ins. Co.

The petitioner, Anthony Russo, was injured in an automobile accident during the course of his employment. His employer's workers' compensation carrier, New Hampshire Insurance Co., AIG Claims, Inc., and Sedgwick Claims Management Services, Inc., paid benefits. Russo subsequently settled a claim with State Farm Mutual Automobile Insurance Company for $25,000 without first obtaining consent from his carrier. He then sought judicial approval of this settlement nunc pro tunc, which the Supreme Court, Nassau County, initially granted. However, the Appellate Division, Second Department, reversed this decision, holding that the Supreme Court lacked the authority under Workers' Compensation Law § 29 (5) to approve a settlement nunc pro tunc when no third-party action had ever been commenced. Consequently, the Appellate Division denied the petition and dismissed the proceeding.

Workers' Compensation LawThird-Party ActionSettlement ApprovalNunc Pro TuncCarrier ConsentAutomobile AccidentAppellate ReviewJudicial AuthoritySupreme Court JurisdictionStatutory Interpretation
References
6
Case No. MISSING
Regular Panel Decision
May 01, 1981

State v. New Hampshire Merchants Insurance

This case involves cross-appeals concerning insurance coverage for a State employee, David L. Sinnamon, after an accident. The Attorney-General defended Sinnamon when New Hampshire Merchants Insurance Company, Inc. and Travelers Indemnity Company both refused to provide coverage, despite a prior ruling establishing their respective primary and secondary duties to defend. The State then commenced an action seeking reimbursement for legal fees incurred. Initially, summary judgment was granted against Merchants but dismissed against Travelers due to perceived lack of contractual privity. The appellate court modified this decision, concluding that both insurers breached their independent duty to defend Sinnamon, thus granting summary judgment on liability against both companies and remanding for a damages hearing.

Insurance CoverageDuty to DefendSummary JudgmentCross AppealsReimbursement of Legal FeesPublic Officers LawState Employee DefenseBreach of ContractAppellate ReviewDeclaratory Judgment
References
3
Case No. MISSING
Regular Panel Decision

Perth Amboy Drydock Co. v. New Jersey Manufacturers Insurance

This case concerns the interpretation of an insurance policy issued to Perth Amboy Drydock Co. by New Jersey Manufacturers Insurance. The policy provided workmen's compensation and employer's liability coverage, primarily for 'shipwright work' employees. The core dispute revolved around an endorsement that expanded liability limits. While the endorsement's heading mentioned 'Masters or Members of the Crews of Vessels', a typewritten addendum at its foot broadened its application to 'Shipwright Work and operation of Tugboats'. The court affirmed the order and judgment, holding that the typewritten statement should prevail, resolving any ambiguity in favor of the insured. A dissenting opinion argued against this interpretation, asserting that the language was clear and restricted to maritime employees.

Insurance PolicyWorkmen's CompensationEmployer's LiabilityPolicy EndorsementContract InterpretationAmbiguityShipwright WorkMaritime LawAppellate ReviewDissenting Opinion
References
2
Case No. MISSING
Regular Panel Decision

Continental Casualty Co. v. Employers Insurance

Plaintiff insurance companies, Continental Insurance Co. and American Casualty Co. (CNA), initiated a declaratory judgment action seeking a declaration that they have no duty to indemnify Robert A. Keasbey Co. (Keasbey) for asbestos-related claims, arguing that all claims fall under exhausted products hazard/completed operations coverage. The defendant class of asbestos claimants sought coverage under a new 'operations' theory not subject to aggregate limits. The trial court ruled in favor of the claimants, but the appellate court reversed. The appellate court found that equitable affirmative defenses like laches applied against the claimants, who stood in Keasbey’s shoes. It further determined that coverage is triggered by 'injury-in-fact' rather than mere exposure to asbestos, and that the aggregate limits of the primary and excess policies were exhausted, thus absolving CNA of further indemnity obligations.

AsbestosInsurance Coverage DisputeDeclaratory JudgmentProducts HazardCompleted OperationsOperations CoverageAggregate LimitsExcess InsuranceBodily InjuryInjury-in-Fact
References
29
Case No. MISSING
Regular Panel Decision

Castro v. New York Life Insurance

Zoila Castro, a cleaning worker, sustained a hypodermic needle puncture wound to her right thumb while working at New York Life Insurance Co.'s offices on June 22, 1989. She subsequently developed a 'generalized anxiety disorder' and 'AIDS phobia' due to the incident, leading her and her husband, Osvaldo Castro, to file a personal injury action alleging negligence by New York Life for improper disposal of hazardous medical waste. New York Life moved to dismiss the complaint and for summary judgment, arguing that fear of AIDS without reasonable certainty is not compensable and that there was no medical evidence to support the claim. The court denied both of New York Life's motions, finding that Castro's claim for mental anguish and 'AIDS Phobia' was directly tied to the incident. It concluded that a reasonable person exposed to a discarded hypodermic needle could develop such a fear, thus guaranteeing the genuineness of her claim and necessitating a trial.

Personal InjuryNegligenceHypodermic Needle InjuryAIDS PhobiaEmotional DistressSummary Judgment MotionMotion to DismissHazardous Waste DisposalCausation of InjuryGeneralized Anxiety Disorder
References
9
Case No. CA 11-00156
Regular Panel Decision
Jun 17, 2011

MERCHANTS MUTUAL INSURANCE COMPANY v. NEW YORK STATE INSURANCE FUND

Plaintiff, Merchants Mutual Insurance Company, initiated an action against New York State Insurance Fund to recover funds related to an underlying wrongful death lawsuit. The core issue was the defendant's obligation to indemnify Jerrick Waterproofing Co., Inc. for a construction accident. The Supreme Court granted summary judgment to the plaintiff, which the defendant appealed. The Appellate Division, Fourth Judicial Department, affirmed the lower court's decision, ruling that the defendant was indeed obligated to provide unlimited coverage to Jerrick Waterproofing, despite a policy exclusion, as a common-law right to indemnity existed. Consequently, the plaintiff's excess coverage was not triggered.

Insurance disputeWorkers' CompensationIndemnificationExcess coverageSummary judgmentAppellate reviewNew York lawEmployer liabilityPolicy exclusionCommon-law indemnity
References
4
Case No. MISSING
Regular Panel Decision

Moll v. US Life Title Insurance Co. of New York

The case involves plaintiffs Moll, Elser, McGuire, and Harlow suing US Life Title Insurance Company of New York, asserting claims under RESPA, RICO, and state laws. Plaintiffs alleged misrepresentation, failure to disclose kickbacks to attorneys, and aiding and abetting fraud related to title insurance premiums. The court found plaintiffs failed to adequately allege mail fraud or commercial bribery as predicate acts for RICO claims, citing insufficient evidence of misrepresentation, a duty to disclose, substantial assistance in fraud, or economic harm due to non-negotiable premiums. Consequently, the defendant's motion to dismiss the Consolidated Complaint was granted, leave to replead was denied, and pendent state law claims were dismissed for lack of federal jurisdiction.

RICO ActRESPA ActMail FraudCommercial BriberyFraud AllegationsMotion to DismissPendent State ClaimsRule 12(b)(6)Rule 9(b)Title Insurance
References
33
Case No. MISSING
Regular Panel Decision
Dec 22, 1992

Aetna Casualty & Surety Co. v. Greater New York Mutual Insurance

This case involves an appeal concerning an insurer's claim for contribution. Aetna Casualty & Surety Company, the liability insurer for Trio Drug Corporation and additional insured 58 Realopp Corporation, sought contribution from Greater New York Mutual Insurance Company, Trio's workers' compensation carrier. Aetna had settled an underlying injury action where it represented both Realopp and Trio, and subsequently sued for 50% of the settlement amount. The Supreme Court affirmed the denial of Aetna's summary judgment motion and the granting of Greater New York's cross-motion for summary judgment. The appellate court applied the anti-subrogation rule, finding that Aetna could not assert a subrogated claim against its own insured, Trio, due to potential conflicts of interest arising from its dual representation in the underlying action.

anti-subrogation ruleconflict of interestsummary judgmentcontributionworkers' compensationliability insurancethird-party claimcommon law indemnityappellate reviewinsurer dispute
References
3
Case No. MISSING
Regular Panel Decision

Insurance Corp. of New York v. United States Fire Insurance

This case concerns a dispute between a primary insurer, The Insurance Corporation of New York, and an excess insurer, United States Fire Insurance Company (US Fire), regarding the timeliness of claim notice and US Fire's subsequent disclaimer. The motion court initially denied US Fire's cross-motion for summary judgment, deeming its disclaimer untimely. However, the appellate court determined that US Fire received proper notice on April 20, 2006, not March 16, 2006, making its disclaimers, issued eight days later, timely as a matter of law. Consequently, the appellate court reversed the lower court's decision, granting US Fire's cross-motion for summary judgment and dismissing the complaint against it. Additionally, an appeal from a separate order regarding US Fire's request to rescind an insurance policy was dismissed as abandoned.

Insurance PolicyExcess InsurancePrimary InsuranceTimely NoticeDisclaimer of CoverageSummary JudgmentAppellate ReviewClaim NotificationInsurance ContractLiability Insurance
References
9
Showing 1-10 of 21,115 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