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

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

Case No. 2025 NY Slip Op 03716 [241 AD3d 101]

Regular Panel Decision

Jun 18, 2025

Matter of Doran Constr. Corp. v. New York State Ins. Fund

Doran Construction Corp. initiated a CPLR article 52 proceeding against the New York State Insurance Fund (State Insurance Fund) as a garnishee to enforce a money judgment. The State Insurance Fund appealed an order from the Supreme Court, Westchester County, which denied its cross-motion to dismiss for lack of subject matter jurisdiction. The Appellate Division, Second Department, affirmed the order, holding that Supreme Court possessed subject matter jurisdiction under CPLR 5207 and 5221 (a) (4) as the State Insurance Fund was acting as a garnishee holding funds for another, not as a judgment debtor. The Court also rejected the State Insurance Fund's arguments regarding public policy and the denial of discovery.

Subject Matter JurisdictionGarnishmentEnforcement of Money JudgmentsState AgenciesSovereign ImmunityCourt of ClaimsCPLR Article 52Appellate ReviewDiscoveryPublic Policy

References

Case No. MISSING

Regular Panel Decision

New York Insurance Association, Inc. v. State of New York

The New York Insurance Association, Inc. and several insurance companies challenged assessment fees levied by the Department of Financial Services (DFS) and its predecessor, arguing the inclusion of 'sub-allocated programs' costs and the transfer of unused assessment funds to the State's general fund were unconstitutional. Plaintiffs contended these were unauthorized taxes and constituted a taking of private property. The appellate court affirmed the dismissal of the complaint, ruling that the inclusion of sub-allocated program costs was statutorily mandated and not arbitrary. It also found that the relevant law did not unlawfully delegate taxing power and that the assessments were regulatory fees, not taxes, thus constitutional provisions were inapplicable. Furthermore, the court determined that the insurers' right to a refund or credit had not vested before the statutes authorizing the transfers were enacted, negating the takings claims.

Insurance AssessmentsRegulatory FeesState BudgetFiscal PolicyConstitutional LawTaxation PowerTakings ClauseProperty RightsDepartment of Financial ServicesNew York State

References

Case No. MISSING

Regular Panel Decision

Teamsters, Chauffeurs, Warehousemen & Helpers, Local Union No. 182 v. New York State Teamsters Council Health & Hospital Fund

Plaintiff Teamsters Local Union No. 182 (Local 182) filed an action against the New York State Teamsters Council Health & Hospital Fund and the New York State Teamsters Conference Pension and Retirement Fund (the Funds) under 29 U.S.C. § 185. Local 182 sought a declaration affirming the existence of valid collective bargaining agreements between April 1992 and March 1994, which mandated grievance and arbitration procedures, and an order compelling the Funds to arbitrate layoff-related grievances. The Union contended there was a long-standing oral agreement to adhere to applicable provisions of the National Master Freight Agreement (NMFA). The Funds moved for summary judgment, asserting a lack of subject matter jurisdiction and denying the existence of any agreement with requisite definiteness. The court denied the summary judgment motion, affirming subject matter jurisdiction and finding that Local 182 presented genuine issues of material fact concerning the existence of a collective bargaining agreement.

Collective Bargaining AgreementSummary Judgment MotionLabor DisputeUnion RightsGrievance ProcedureArbitrationSeniority RightsLayoffsNational Master Freight AgreementPension Benefits

References

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

Case No. MISSING

Regular Panel Decision

Mar 15, 1994

Avalanche Wrecking Corp. v. New York State Insurance Fund

National Union Fire Insurance Company and Avalanche Wrecking Corp. initiated a declaratory judgment action against the New York State Insurance Fund, seeking reimbursement for defense costs and damages. This stemmed from Avalanche employees' injuries, leading to lawsuits against Republic National Bank of New York (an additional insured under National Union's policy) and third-party claims against Avalanche. National Union, having defended both Republic and Avalanche, sought to recover from State Fund, Avalanche's workers' compensation carrier. The IAS Court initially denied State Fund's motion for summary judgment, but the appellate court reversed this decision, granting summary judgment to State Fund. The reversal was based on the anti-subrogation rule, which precludes an insurer from pursuing a subrogated claim against its own insured, citing a potential conflict of interest from representing multiple parties under the same risk.

Insurance DisputeSubrogationAnti-Subrogation RuleSummary JudgmentDeclaratory Judgment ActionWorkers' CompensationEmployer LiabilityAdditional InsuredContractual ObligationIndemnification

References

Case No. 2017 NY Slip Op 08244

Regular Panel Decision

Nov 22, 2017

Matter of New York State Workers' Compensation Bd. v. Murray Bresky Consultants, Ltd

This appeal concerns the allocation of settlement proceeds from a defunct group self-insured trust. The New York State Workers' Compensation Board, as administrator of the Manufacturing Self Insurance Trust Fund, sought judicial apportionment of settlement funds recovered from third parties. Murray Bresky Consultants, Ltd, a former member of the trust, objected to the Board receiving all proceeds and asserted a counterclaim for its share and an accounting. The Supreme Court granted the Board all proceeds and dismissed Murray Bresky's objections. The Appellate Division modified this decision, ruling that Murray Bresky was entitled to share in the jointly-recovered settlement proceeds and that the Board must file a verified accounting, remitting the matter for further proceedings.

Workers' Compensation LawSelf-Insurance TrustSettlement ProceedsJudicial ApportionmentVerified AccountingCPLR Article 77Contractual InterpretationTrust DeficitAppellate ReviewFiduciary Duty

References

Case No. MISSING

Regular Panel Decision

Methodist Hospital v. State Insurance Fund

This case concerns the constitutionality of a $190 million transfer from the State Insurance Fund (SIF) to New York State's general fund, as directed by chapter 55 of the Laws of 1982. Plaintiffs, employers insured by the SIF, challenged the transfer on multiple state and federal constitutional grounds, including impairment of contractual obligations, deprivation of property without due process, unlawful taking, and improper legislative intrusion. The defendants included the SIF, its officials, the State Comptroller, and the State. Special Term and the Appellate Division both ruled the transfer constitutional. The Court of Appeals affirmed, holding that the SIF is a State agency for which the State is responsible, not a mutual insurance pool, thereby negating any property or contractual interest of policyholders in its surplus. The Court also dismissed other constitutional challenges related to separation of powers, loan of state credit, creation of debt, and appropriation bills.

State Insurance FundConstitutional LawFund TransferState AgencyMutual InsuranceProperty RightsContract ImpairmentDue ProcessJust CompensationSeparation of Powers

References

Case No. 2011 NY Slip Op 32869(U)

Regular Panel Decision

Commissioners of State Insurance Fund v. Private One of New York, LLC

The Commissioners of the State Insurance Fund of New York, as plaintiff, successfully moved for summary judgment in their action to recover $453,358.95 in workers’ compensation policy premiums, plus statutory interest, from an unnamed defendant. The Supreme Court, New York County, granted the plaintiff's motion and denied the defendant’s cross-motion for summary judgment to dismiss the complaint. This decision was unanimously affirmed on appeal. The court determined that the defendant was responsible for paying workers’ compensation premiums for its leased employees, as it failed to ensure coverage directly or by having its employee leasing companies obtain a separate policy naming the defendant as an additional insured, as required by the Workers’ Compensation Rating Manual.

Workers' Compensation PolicyPremium RecoverySummary JudgmentEmployee LeasingState Insurance FundAffirmed DecisionEmployer LiabilityLeased EmployeesInsurance PremiumsRating Manual

References

Case No. 98-CV-1117 (LEK/RWS)

Regular Panel Decision

Oct 09, 1998

Galusha v. NEW YORK STATE DEPT. ENVIRON. CONSERV.

Plaintiffs, individuals with physical disabilities, sued the New York State Department of Environmental Conservation, Adirondack Park Agency, and the State of New York, alleging that their policies in managing the Adirondack Park unfairly limit their access to certain areas in violation of the Americans with Disabilities Act (ADA). They sought a preliminary injunction to allow them to use motorized vehicles on restricted trails. The Court found that the defendants' policy had a disparate impact on disabled persons and that allowing limited, necessary motorized access on roads already used by non-disabled personnel would not fundamentally alter the Park program. Therefore, the Court granted the plaintiffs' motion for a preliminary injunction, mandating access to specific roads for persons with certified mobility impairment disabilities.

Americans with Disabilities ActADAAdirondack ParkEnvironmental ConservationMotorized Vehicle AccessMobility ImpairmentPreliminary InjunctionDisparate ImpactPublic AccommodationsState Government Action

References

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Updated Daily

Case Law Database

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

Case No. CA 11-00156

Regular Panel Decision

Jun 17, 2011

MERCHANTS MUTUAL INSURANCE COMPANY v. NEW YORK STATE INSURANCE FUND

Insurance disputeWorkers' CompensationIndemnificationExcess coverageSummary judgmentAppellate reviewNew York lawEmployer liabilityPolicy exclusionCommon-law indemnity

References

Case No. 2025 NY Slip Op 03716 [241 AD3d 101]

Regular Panel Decision

Jun 18, 2025

Matter of Doran Constr. Corp. v. New York State Ins. Fund

Subject Matter JurisdictionGarnishmentEnforcement of Money JudgmentsState AgenciesSovereign ImmunityCourt of ClaimsCPLR Article 52Appellate ReviewDiscoveryPublic Policy

References

Case No. MISSING

Regular Panel Decision

New York Insurance Association, Inc. v. State of New York

Insurance AssessmentsRegulatory FeesState BudgetFiscal PolicyConstitutional LawTaxation PowerTakings ClauseProperty RightsDepartment of Financial ServicesNew York State

References

Case No. MISSING

Regular Panel Decision

Teamsters, Chauffeurs, Warehousemen & Helpers, Local Union No. 182 v. New York State Teamsters Council Health & Hospital Fund

Collective Bargaining AgreementSummary Judgment MotionLabor DisputeUnion RightsGrievance ProcedureArbitrationSeniority RightsLayoffsNational Master Freight AgreementPension Benefits

References

Case No. MISSING

Regular Panel Decision

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

Insurance PolicyExcess InsurancePrimary InsuranceTimely NoticeDisclaimer of CoverageSummary JudgmentAppellate ReviewClaim NotificationInsurance ContractLiability Insurance

References

Case No. MISSING

Regular Panel Decision

Mar 15, 1994

Avalanche Wrecking Corp. v. New York State Insurance Fund

Insurance DisputeSubrogationAnti-Subrogation RuleSummary JudgmentDeclaratory Judgment ActionWorkers' CompensationEmployer LiabilityAdditional InsuredContractual ObligationIndemnification

References

Case No. 2017 NY Slip Op 08244

Regular Panel Decision

Nov 22, 2017

Matter of New York State Workers' Compensation Bd. v. Murray Bresky Consultants, Ltd

Workers' Compensation LawSelf-Insurance TrustSettlement ProceedsJudicial ApportionmentVerified AccountingCPLR Article 77Contractual InterpretationTrust DeficitAppellate ReviewFiduciary Duty

References

Case No. MISSING

Regular Panel Decision

Methodist Hospital v. State Insurance Fund

State Insurance FundConstitutional LawFund TransferState AgencyMutual InsuranceProperty RightsContract ImpairmentDue ProcessJust CompensationSeparation of Powers

References

Case No. 2011 NY Slip Op 32869(U)

Regular Panel Decision

Commissioners of State Insurance Fund v. Private One of New York, LLC

Workers' Compensation PolicyPremium RecoverySummary JudgmentEmployee LeasingState Insurance FundAffirmed DecisionEmployer LiabilityLeased EmployeesInsurance PremiumsRating Manual

References

Case No. 98-CV-1117 (LEK/RWS)

Regular Panel Decision

Oct 09, 1998

Galusha v. NEW YORK STATE DEPT. ENVIRON. CONSERV.

References

Showing 1-10 of 22,737 results

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