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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. ADJ10786752
Regular
Jun 18, 2018

Marco Urbina vs. Taylor Walk, Inc., Pacific Compensation Insurance Company, Republic Underwriters Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded an order that denied a petition for joinder of Republic Underwriters Insurance Company. The WCAB found that the Order Denying Petition for Joinder was not a final order, thus dismissing the petition for reconsideration. The Board determined that Pacific Compensation Insurance Company was prejudiced by the denial, as it prevented them from pursuing contribution from Republic. The case was returned to the trial level for further proceedings consistent with the WCAB's decision.

Petition for ReconsiderationPetition for RemovalPetition for JoinderCompromise and ReleaseLabor Code Section 5500.5Supplemental ProceedingsContribution ProceedingsDue ProcessCumulative Trauma InjuryDiscovery Rights
References
20
Case No. ADJ7878616
Regular
Jul 02, 2013

Carlotta Hernandez-Diaz vs. Ruben M. Garcia - Farm Labor Contractor, Republic Underwriter Insurance Company

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration because it lacked merit and was procedurally deficient. The Board admonished the defendant for mislabeling a Request for Change of Venue as a Petition for Reconsideration, noting it was their second such unsuccessful attempt to change venue. The defendant failed to timely object to the original venue selection and did not demonstrate significant prejudice or irreparable harm required for a petition for removal. Consequently, the Board denied the defendant's petition, adopting the Administrative Law Judge's report and recommendation.

WCABPetition for ReconsiderationRequest for Change of VenueDocument Separator SheetAdministrative Law JudgePetition for RemovalVenueLabor Code Section 5501.5(d)Stockton District OfficeSan Joaquin County
References
0
Case No. MISSING
Regular Panel Decision

Republic of the Philippines v. Abaya

The Republic of the Philippines filed a lawsuit against Gavino Abaya, Juan Abaya, Susan Abaya, Diane Dunne, and Barbara Stone, alleging state-law claims including money had and received, unjust enrichment, and conversion. These claims stem from the distribution of proceeds from the sale of Claude Monet's "Le Bassin aux Nymphease," a painting allegedly stolen from the Republic by Imelda Marcos's social secretary, Vilma Bautista, and subsequently sold by the defendants. Jose Duran, representing a class of judgment creditors of Imelda Marcos and her family, sought to intervene in the case, asserting a claim to the painting's sale proceeds based on a judgment against Imelda Marcos. The court granted Class Plaintiffs' unopposed motion to intervene as of right under Federal Rule of Civil Procedure 24(a)(2), finding their motion timely, their interest direct and legally protectable, their ability to protect that interest potentially impaired without intervention, and their interests not adequately represented by the existing parties due to conflicting claims over the assets.

Intervention of RightFederal Rules of Civil Procedure 24(a)(2)Stolen ArtworkMonet PaintingJudgment CreditorsImelda Marcos EstateAsset RecoveryUnjust EnrichmentConversion ClaimsEquitable Relief
References
20
Case No. MISSING
Regular Panel Decision
May 08, 2003

Allianz Underwriters Insurance v. Landmark Insurance

This case involves an appeal by Allianz Underwriters Insurance Company, an excess liability insurer, against the law firm Underberg & Kessler, LLP. Allianz alleged that Underberg, retained by the primary insurer General Star Indemnity Corporation to represent their mutual insured Dunlop Tire Corporation in an underlying wrongful death action, breached its fiduciary duty and committed professional negligence. Allianz claimed Underberg failed to initiate a third-party action against Nicholson & Hall, Dunlop's employer (also insured by General Star), to protect General Star's interests over Dunlop's and Allianz's. The Supreme Court initially dismissed Allianz's complaint against Underberg. However, the Appellate Division, First Department, reversed this decision, holding that Allianz could pursue its claim against Underberg based on principles of equitable subrogation and a "near privity" relationship, thereby reinstating the complaint.

Equitable SubrogationLegal MalpracticeProfessional NegligenceExcess InsurancePrimary InsuranceFiduciary DutyNear PrivityDismissal ReversalAppellate ReviewIndemnification Clause
References
15
Case No. MISSING
Regular Panel Decision
May 12, 1995

Wausau Underwriters Insurance v. Continental Casualty Co.

This case addresses a dispute between Wausau Underwriters Insurance Company (Wausau) and Continental Casualty Company (Continental), along with The Hartford Insurance Group. Wausau, as the employer's liability carrier for H. Sand & Company, successfully argued that a third-party action by Slattery-Argrett, subrogor of Continental, against H. Sand & Company, constituted an impermissible subrogation claim by an insurer against its own insured. The underlying matter involved a personal injury sustained by an employee of H. Sand & Company. Continental had initially disclaimed coverage for Sand in the third-party action. The Supreme Court granted Wausau's motion for summary judgment, declaring the subrogation action a violation of public policy and awarding Wausau damages. The appellate court affirmed this judgment, distinguishing the present case from prior rulings like *North Star Reins. Corp. v Continental Ins. Co.*, and emphasizing the distinction between claims for indemnification and contribution within insurance policy exclusions.

Subrogation ClaimInsurance Coverage DisputeIndemnification vs. ContributionPublic Policy in InsuranceSummary JudgmentEmployer LiabilityGeneral Liability InsuranceExcess Liability InsuranceConstruction AccidentWorkers' Compensation Carrier
References
9
Case No. MISSING
Regular Panel Decision

Ashraf v. Republic New York Securities Corp.

Republic New York Securities Corp. (RNYSC) moved to vacate an NFA arbitration award of $12,993,750 issued on December 29, 1997, in favor of Zahid Hussain Ashraf and Shahida Zahid (Hussain). RNYSC argued that the arbitration panel's award was fundamentally unfair because the EFP (exchange of physicals) damages theory was introduced for the first time in Hussain's post-hearing brief, depriving RNYSC of an opportunity to respond. Hussain cross-moved to confirm the award, asserting RNYSC was aware of the EFP claim from their initial Statement of Claim and that Exhibit 35, prepared by RNYSC's own expert, supported the award. The court denied RNYSC's motion to vacate and granted Hussain's cross-motion to confirm, finding that RNYSC had implicit notice of the EFP theory and failed to utilize available NFA Code provisions to raise their objections before the arbitration panel, thus waiving their right to assert those claims in court. The court emphasized the narrow scope of judicial review for arbitration awards, upholding the strong presumption in favor of enforcement.

Arbitration LawSecurities ArbitrationFutures TradingVacating Arbitration AwardConfirming Arbitration AwardFederal Arbitration ActDue ProcessFundamental FairnessWaiver of ObjectionsCommodity Futures
References
27
Case No. MISSING
Regular Panel Decision

Republic Insurance v. Masters, Mates & Pilots Pension Plan

This litigation involves an inter-insurer dispute over liability for legal defense costs arising from an underlying complex lawsuit concerning maritime investments made by a pension plan. Plaintiff Republic Insurance Company sought to rescind its policy and recover payments from defendants Aetna Casualty and Surety Company and Federal Insurance Company, alleging it was misled by pension plan officials regarding known risks before issuing its policy. The court found that Republic was indeed misled and, in the context of the inter-carrier dispute, determined that the equities favored Republic, as Aetna and Federal were independently liable for the defense costs. Consequently, summary judgment was granted to Republic, exonerating it from further payments and directing Aetna to reimburse Republic for fees already paid under a prior order, while denying the cross-motions for summary judgment by Aetna and Federal. Republic was not awarded interest on the recovered payments.

Inter-insurer DisputeLegal Defense CostsInsurance Policy RescissionMisrepresentationUnjust EnrichmentSummary JudgmentERISAPension PlansFiduciary DutiesMaritime Investments
References
42
Case No. 2 NY3d 787
Regular Panel Decision

U.S. Underwriters Insurance v. City Club Hotel, LLC

The New York Court of Appeals addressed two certified questions from the Second Circuit regarding an insured's right to recover attorneys' fees. U.S. Underwriters Insurance Company had sought a declaratory judgment against its insureds, City Club Hotel, LLC and Shelby Realty, LLC, to deny coverage for a personal injury claim. The insurer's disclaimer of coverage was found untimely. The Court held that an insured who prevails in an insurer-initiated declaratory judgment action to deny coverage may recover attorneys' fees, irrespective of whether the insurer initially provided a defense in the underlying suit. This decision underscores that the insurer's duty to defend extends to litigation arising from its attempts to avoid policy obligations. The Court answered the first certified question in the affirmative for Shelby.

Declaratory Judgment ActionAttorneys' FeesInsurer Duty to DefendInsurance CoverageUntimely DisclaimerPrevailing PartyCertified QuestionSecond CircuitNew York Court of AppealsPolicy Obligations
References
6
Case No. 2024 NY Slip Op 02032 [228 AD3d 20]
Regular Panel Decision
Apr 17, 2024

Air-Sea Packing Group, Inc. v. Applied Underwriters, Inc.

The Appellate Division, Second Department, affirmed an order denying dismissal of a lawsuit filed by Air-Sea Packing Group, Inc. against Applied Underwriters, Inc. and its affiliates. The plaintiff alleged that the defendants marketed and sold an unlawful workers' compensation insurance program, EquityComp, in violation of New York Insurance Law. The defendants attempted to enforce a forum selection clause mandating litigation in Nebraska, but the court found this clause unenforceable. This decision was based on public policy, as the program violated New York law, and because Nebraska courts had previously deemed New York the more appropriate forum for such disputes. The ruling allows the plaintiff to pursue claims for declaratory relief, equitable rescission, common-law fraud, and violation of General Business Law § 349 in New York.

Workers' Compensation InsuranceForum Selection ClausePublic PolicyInsurance Law ViolationsEquitable RescissionCommon-Law FraudDeceptive PracticesGeneral Business Law § 349Unlawful Reinsurance AgreementRegulatory Oversight
References
52
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