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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Wausau Underwriters Insurance v. Old Republic General Insurance

This case addresses a dispute between Wausau Underwriters Insurance Company and Old Republic General Insurance Company concerning their respective obligations to defend and indemnify the "Broadway Defendants" in an underlying personal injury lawsuit. Wausau, providing coverage to the Broadway Defendants, sought a declaratory judgment that Old Republic, as the insurer for construction manager McGowan Builders Inc., was required to provide coverage as the Broadway Defendants were additional insureds. The Court, applying New York law, determined that the injury sustained by a potential subcontractor's employee on the construction site arose from McGowan's "ongoing operations," thus triggering Old Republic's duty to both defend and indemnify. Furthermore, the Court rejected Old Republic's defense of untimely notice, finding no material prejudice to its ability to investigate or defend the claim. Consequently, Wausau's motion for summary judgment was granted, ordering Old Republic to fulfill its defense and indemnification duties and reimburse Wausau for its costs and interest.

Insurance DisputeDeclaratory JudgmentSummary JudgmentDuty to DefendDuty to IndemnifyAdditional InsuredOngoing OperationsConstruction Site InjuryNew York LawLate Notice Defense
References
40
Case No. 2025 NY Slip Op 02026
Regular Panel Decision
Apr 03, 2025

Structure Tone, Inc. v. Merchants Preferred Ins. Co.

The Supreme Court properly denied Old Republic's motion for summary judgment due to unresolved questions of fact concerning whether the negligence of its named insured, Port Morris Tile & Marble Corp., was a proximate cause of an underlying accident, which would trigger indemnification by Old Republic. Evidence suggests factual disputes regarding Port Morris's responsibility for ensuring proper lighting and safety for its employees. The court also correctly granted Scottsdale's cross-motion for summary judgment. It found that Old Republic, as the primary insurer with an 'other insurance' provision, is not entitled to contribution from Scottsdale, whose policy contains an 'excess' clause, until Old Republic's coverage has been fully exhausted. The doctrine of collateral estoppel was deemed inapplicable because prior dismissals were not based on findings regarding Port Morris's negligence.

Insurance LawContractual IndemnificationDuty to DefendDuty to IndemnifyOther Insurance ClauseExcess ClauseSummary JudgmentProximate CauseNegligenceRespondeat Superior
References
7
Case No. ADJ3430003 (AHM 0094014)
Regular
Sep 25, 2009

GORDON KENT vs. CONTROL COMPONENTS, INC.; ARROWOOD INDEMNITY COMPANY, OLD REPUBLIC INSURANCE COMPANY

This case involves a dispute over contribution between two insurance carriers, Arrowood Indemnity Company and Old Republic Insurance Company, for a cumulative injury claim. Initially, the arbitrator correctly found Arrowood's petition for contribution untimely for the original award due to failure to file within the statutory one-year period. However, the Appeals Board granted reconsideration, recognizing that Arrowood timely filed its contribution petition within one year of a supplemental award approving a compromise and release agreement for new and further benefits. The Board amended the decision, allowing Arrowood to seek contribution from Old Republic solely for the $25,000 compromise and release settlement and remanding the matter for apportionment of liability.

Workers' Compensation Appeals BoardContributionReconsiderationLabor CodeCumulative InjuryCompromise and ReleaseSupplemental AwardNew and Further DisabilityArbitrationTimeliness
References
2
Case No. ADJ8406544
Regular
May 26, 2017

TONY BUTLER vs. QUALITY PERSONNEL, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BAXTER HEALTHCARE, OLD REPUBLIC INSURANCE COMPANY

This case concerns Baxter Healthcare's petition for reconsideration of a finding that applicant Tony Butler was a special employee of Baxter. The Workers' Compensation Appeals Board denied the petition, upholding the finding of special employment based on Baxter's significant control over Butler's work, including training, the ability to replace him, and negotiation of his pay rate. Baxter and its carrier, Old Republic, were ordered to administer the claim, with the Board finding that CIGA was not liable due to the existence of other insurance.

Special employeeBorrowing employerControlManner and meansQuality PersonnelBaxter HealthcareOld Republic Insurance CompanyCalifornia Insurance Guarantee Association (CIGA)Petition for ReconsiderationFindings and Order
References
13
Case No. ADJ8710519
Regular
Jul 27, 2015

DENNIS HERNANDEZ vs. YRC FREIGHT, OLD REPUBLIC INSURANCE COMPANY

This Workers' Compensation Appeals Board (WCAB) case involves YRC Freight and Old Republic Insurance Company petitioning for reconsideration of a May 1, 2015 decision concerning applicant Dennis Hernandez. The WCAB has granted reconsideration to allow for a more thorough review of the factual and legal issues. This will enable the Board to issue a just and reasoned decision after further study and potential proceedings. All related correspondence and filings must now be directed to the WCAB Commissioners in San Francisco, not the district office.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersElectronic Adjudication Management SystemEAMS
References
1
Case No. ADJ6474423
Regular
Feb 27, 2017

MICHAEL LEBOY vs. PRAXAIR, INC., OLD REPUBLIC INSURANCE COMPANY, BROADSPIRE

The Workers' Compensation Appeals Board denied Praxair, Inc. and Old Republic Insurance Company's petition for reconsideration in the case of Michael Leboy. The Board adopted and incorporated the reasoning from the workers' compensation administrative law judge's report and opinion. The Board noted a minor clerical error regarding a case citation within the judge's report. Therefore, the petition for reconsideration was denied.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJdenial of reconsiderationclerical errorAcme Steel v. Workers' Comp. Appeals Bd. (Borman)PRAXAIROLD REPUBLIC INSURANCE COMPANYBROADSPIREADJ6474423
References
1
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. ADJ2435600
Regular
Jun 22, 2011

MARIA JAIME vs. REMEDY TEMP, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, INC., RELIANCE INSURANCE COMPANY, BASS TECH, INC., REPUBLIC INDEMNITY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Republic Indemnity Company's petition for reconsideration. Republic sought to overturn a decision that found its policy provided "other insurance" and relieved CIGA of liability for the applicant's 1999 spinal and extremity injuries. The Board found Republic failed to prove prejudice from CIGA's joinder, despite Republic's claims of record loss due to delay. Furthermore, the Board determined Republic's policy lacked specific exclusions for special employees and therefore provided coverage.

CIGARepublic IndemnityRemedy TempBrass TechReliance Insurancespecial employeegeneral employerspecial employerlachesprejudice
References
18
Case No. ADJ9106180
Regular
Mar 11, 2016

JOSE GONZALEZ (Deceased), ARELY GONZALEZ, MYRNA GONZALEZ vs. STEVENS CREEK QUARRY, OLD REPUBLIC INSURANCE

This Workers' Compensation Appeals Board case involves claims by Arely and Myrna Gonzalez following the death of Jose Gonzalez. The defendants are Stevens Creek Quarry and Old Republic Insurance. The Board has issued an order dismissing the Petition for Reconsideration filed by the petitioner because that petitioner withdrew it. Therefore, the reconsideration request will not be reviewed by the Board.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardApplicantDefendantDeceasedInsurerAdministratorSan Jose District Office
References
0
Case No. ADJ18158502
Regular
Aug 14, 2025

Sandra Pleasure vs. G2-Pacific Bell Network Integration, Old Republic Insurance Company

The defendant, G2-Pacific Bell Network Integration and Old Republic Insurance Company, sought reconsideration of a Workers' Compensation Administrative Law Judge's (WCJ) May 19, 2025 finding that applicant Sandra Pleasure's claim for a left knee injury was barred by laches. The defendant argued lack of employment during the claimed period and that the injury was specific, barring the claim by the statute of limitations. The Workers' Compensation Appeals Board dismissed the petition for reconsideration, determining the defendant was not an aggrieved party since the WCJ's decision already precluded the applicant's claim against them due to laches. The Board also noted the defendant failed to present evidence on employment at trial and cautioned against frivolous petitions.

WCABPetition for ReconsiderationDismissedAggrieved PartyStatute of LimitationsLachesLeft Knee InjuryEmploymentDate of InjurySpecific Injury
References
6
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