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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

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. MISSING
Regular Panel Decision

Employers Insurance v. General Accident, Fire & Life Assurance Corp.

Employers Insurance of Wausau (Wausau) sought summary judgment for 50% reimbursement of a $500,000 settlement and defense costs. The settlement stemmed from an underlying personal injury action where Frank Rayno, an employee of Sage Garage, was injured on a construction site in 1976. Wausau provided workers' compensation and employer's liability insurance to Sage Garage, while General Accident provided general liability coverage. Wausau paid the full settlement and then pursued General Accident for contribution. General Accident argued for a pro rata contribution based on policy limits. The court granted Wausau's motion for summary judgment, ruling that both insurers should contribute equally up to the limit of the smaller policy, which was General Accident's $500,000 policy, meaning General Accident owed $250,000. The defendants' cross-motion was denied.

Insurance disputeSummary judgmentDeclaratory judgmentContribution among insurersReimbursementPolicy limitsEmployer's liability insuranceGeneral liability insuranceWorkers' compensationPro rata contribution
References
0
Case No. MISSING
Regular Panel Decision
Mar 04, 2011

East 51st Street Crane Collapse Litigation v. Lincoln General Insurance

This Supreme Court order addresses an insurance coverage dispute stemming from a 2008 crane collapse in Manhattan, which led to multiple claims against the property owner, East 51st Street Development Company, LLC. The primary conflict involved insurance companies Lincoln General, AXIS Surplus, and Interstate Fire and Casualty regarding their duty to defend East 51st Street and reimburse Illinois Union Insurance Company for defense costs. Initially, the Supreme Court granted various motions for summary judgment, establishing duties to defend and determining policy priority. However, the appellate court modified the order, denying Lincoln General's assertions of excess coverage and declaring Lincoln General primarily obligated to provide coverage to East 51st Street. Other aspects, such as AXIS and Interstate's duty to share defense costs, and East 51st Street's status as an additional insured, were affirmed.

Insurance Coverage DisputeDuty to DefendDefense Costs ReimbursementPrimary CoverageExcess CoverageSummary Judgment MotionAdditional InsuredCrane Collapse LitigationPolicy InterpretationInsurance Policy Limits
References
9
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. MISSING
Regular Panel Decision
Apr 05, 2007

North Country Insurance v. Jandreau

This appeal concerns an insurer's motion for summary judgment, seeking a declaration that it is not obligated to defend or indemnify a general contractor in a personal injury lawsuit. The underlying action arose when an employee of a roofing subcontractor fell from a roof on a construction site. The insurer disclaimed coverage, alleging the general contractor failed to provide timely notice of the occurrence as per the policy. However, the general contractor claimed a good-faith belief of non-liability, citing the subcontractor's responsibility, notification to the subcontractor's insurer, and the injured worker's disregard for instructions not to access the roof. The Supreme Court denied the insurer's motion, determining that the reasonableness of the general contractor's delayed notice was a factual question suitable for a jury, a decision which the appellate court affirmed.

Insurance CoverageTimely NoticeSummary JudgmentGood-Faith Belief of NonliabilityAppellate ReviewConstruction AccidentGeneral ContractorSubcontractor LiabilityDuty to DefendDuty to Indemnify
References
5
Case No. MISSING
Regular Panel Decision
Jun 30, 1992

National General Insurance v. Hartford Accident & Indemnity Co.

This case concerns a declaratory judgment action regarding insurance coverage following a fatal airplane crash. Warren Geddes, president of American Investor Services, Inc. (AIS), was piloting a plane carrying Gary Conway, an AIS employee, when it crashed, killing both. National General Insurance Company, insurer of the plane owner, sought for Hartford Accident and Indemnity Company, AIS's workers' compensation insurer, to defend and indemnify AIS and Geddes' Estate in a wrongful death action. Hartford denied coverage for Geddes' Estate, arguing he was not a named or additional insured under their policy. The court modified the initial judgment, declaring that Hartford has no duty to defend or indemnify the Estate of Geddes, while otherwise affirming the judgment.

Insurance CoverageDeclaratory JudgmentWrongful DeathDuty to DefendDuty to IndemnifyNamed InsuredAdditional InsuredWorkers' Compensation PolicyAirplane CrashEstate Liability
References
5
Case No. B167017
Significant
Nov 18, 2004

General Casualty Insurance and Regent Insurance, Joseph A. Lane, American Home Assurance Company vs. Workers' Compensation Appeals Board and California Insurance Guarantee Association

The court has requested responses from the Workers' Compensation Insurance Rating Bureau (WCIRB) and the California Insurance Commissioner regarding the exclusion of special employees from a special employer's workers' compensation policy, specifically questioning the use and requirements of Form No. 11 for this purpose.

WCIRBForm No. 11limiting endorsementsrestricting endorsementsspecial employeesgeneral employerstemporary employeesleased employeesInsurance CommissionerCalifornia Code of Regulations
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. 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
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