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

Case No. 03-15-00219-CV
Regular Panel Decision

Hallmark Specialty Underwriters, Inc. and Hallmark Specialty Insurance Company v. Texas Mutual Insurance Company

This case arises from a declaratory judgment action filed by Appellee Texas Mutual Insurance Company, seeking a determination regarding its duty to defend Absolute Oil Field Services, LLC. The trial court granted summary judgment in favor of Texas Mutual and denied Appellants Hallmark Specialty Underwriters, Inc. and Hallmark Specialty Insurance Company's cross-motion for summary judgment. Appellants contend that the trial court erred in its decision, arguing that the underlying petition contained sufficient factual allegations to trigger Appellee's duty of defense under the 'eight corners' rule, as the injured party, Jose Guzman, was an employee of Absolute and was potentially injured in the course of his employment. They argue that Texas law requires liberal interpretation of pleadings, resolving doubts in favor of coverage, and that Appellee's arguments misinterpret established legal principles regarding the duty to defend.

Insurance CoverageDuty to DefendWorkers' CompensationEight Corners RuleSummary JudgmentAppellate ReviewTexas LawEmployee InjuryCourse and Scope of EmploymentDeclaratory Judgment Action
References
38
Case No. 2024 NY Slip Op 03519
Regular Panel Decision
Jun 27, 2024

Matter of Reyes Bonilla v. XL Specialty Ins.

Claimants Jose Reyes Bonilla and Marvin Reyes Bonilla, carpenters, were involved in a motor vehicle accident while commuting to a job site in Greenpoint, Brooklyn, in an employer-provided van. They filed workers' compensation claims, which were established against XL Specialty Insurance by a Workers' Compensation Law Judge (WCLJ). XL Specialty appealed, arguing its policy did not cover commuting injuries and that it was not the proper carrier. The Workers' Compensation Board affirmed the WCLJ's decisions, finding XL Specialty failed to preserve its challenge to being the carrier and that the employer's responsibility for transportation made the injuries compensable. The Appellate Division, Third Department, affirmed, agreeing that the issue was unpreserved and that the injuries arose out of and in the course of employment due to the employer's control over the conveyance.

Workers' CompensationMotor Vehicle AccidentEmployment InjuriesCommuting AccidentEmployer Provided TransportationWrap-up PolicyInsurance Coverage DisputeCarrier LiabilityIssue PreservationAppellate Review
References
16
Case No. 01-22-00031-CV
Regular Panel Decision
Nov 03, 2022

Turner Specialty Services, LLC v. Michaela Horn, Individually and as Next Friend of G.H. and M.M., Minors

Justin Horn died while working for Turner Specialty Services, LLC. His family, Michaela Horn and Atrelle Horn, sued Turner Specialty for gross negligence. Turner Specialty filed a special appearance, contesting personal jurisdiction in Texas. The trial court denied the special appearance, and Turner Specialty appealed. The Court of Appeals for the First District of Texas affirmed the trial court's decision, finding that Turner Specialty had sufficient minimum contacts with Texas through its recruitment, hiring, and initial safety training of Justin Horn and other employees in Texas, which was purposefully availed and related to the Horns' gross negligence claim.

personal jurisdictionspecial appearanceminimum contactspurposeful availmentgross negligencewrongful deathworkers' compensationappellate reviewforum stateinterstate federalism
References
24
Case No. MISSING
Regular Panel Decision

Claim of Smith v. Specialty Services, Inc.

Claimant, a construction foreman for Specialty Services, Inc., was injured while performing work for a church in Pennsylvania. Although Specialty filed a work-related accident report and its carrier began paying benefits, the carrier filed a notice of controversy over seven months after the Workers' Compensation Board indexed the case, exceeding the 25-day limit. The carrier argued that the late filing was due to surprise, mistake, and newly discovered evidence regarding the church's involvement, which claimant and Specialty allegedly failed to disclose. The Workers' Compensation Board refused to excuse the late filing, finding the carrier failed to demonstrate good cause. The appellate court affirmed the Board's decision, noting that the carrier had ample time to investigate and that belatedly obtained evidence is not a sufficient ground to excuse a late filing.

Workers' CompensationLate Notice of ControversyTimely FilingEmployer-Employee RelationshipInsurance CarrierGood CausePleading BarAppellate ReviewBoard DecisionStatutory Interpretation
References
2
Case No. MISSING
Regular Panel Decision

In Re Brock Specialty Services, Ltd.

Relator Brock Specialty Services, Ltd. ("Brock") sought a writ of mandamus to compel the trial court to vacate its order denying Brock's motion to compel arbitration. Jose Espinosa, a former forklift driver for Brock, sued Brock for retaliatory discharge after filing a workers' compensation claim. Brock moved to compel arbitration under an agreement governed by the Federal Arbitration Act (FAA). The trial court denied arbitration, agreeing with Espinosa that the designated arbitrator, National Mediation Arbitration, Inc. (NMAI), was defunct, rendering performance impossible. The appellate court held that under Section 5 of the FAA, the unavailability of a specific arbitrator does not preclude arbitration unless the choice of forum was an essential term of the agreement, which was not demonstrated here. The court also declined to address Espinosa's unconscionability arguments as the record was not fully developed, and thus conditionally granted the writ of mandamus, directing the trial court to order the claims to arbitration.

Arbitration AgreementFederal Arbitration ActWrit of MandamusRetaliatory DischargeWorkers' CompensationContract EnforceabilityArbitrator UnavailabilityJudicial ReviewTexas Court of AppealsEmployment Law
References
32
Case No. MISSING
Regular Panel Decision

GuideOne Specialty Insurance v. Admiral Insurance

This case involves an insurance coverage dispute where Weingarten Custom Homes (WCH) contracted with Torah Academy for construction, designating Torah Academy as an additional insured under WCH's liability policy with Admiral Insurance Company. The Admiral policy had lower coverage limits ($1,000,000) than required by the contract ($2,000,000/$5,000,000), with GuideOne Specialty Insurance Company providing secondary and excess coverage to Torah Academy. After a construction worker's injury led to a $1,225,000 settlement, Admiral paid $1,000,000, and GuideOne paid $225,000. GuideOne then sued Admiral to recover its payment, arguing that a letter signed by Admiral's claims superintendent effectively modified Admiral's policy to higher limits. The appellate court reversed the Supreme Court's decision, ruling that the letter did not constitute a valid policy endorsement and that the policy's unambiguous terms could not be altered by extrinsic evidence, thereby granting Admiral's motion to dismiss GuideOne's complaint.

Insurance Policy DisputeContract InterpretationLiability InsuranceAdditional InsuredPolicy LimitsMotion to DismissAppellate ReversalDocumentary EvidenceExtrinsic Evidence RulePolicy Amendment
References
12
Case No. MISSING
Regular Panel Decision
Dec 19, 1995

Assicurazioni Generali, SpA v. Pipe Line Valve Specialties Co.

This federal declaratory judgment action involves an insurance coverage dispute. Plaintiff Assieurazioni Generali SpA (Generali) sought to establish that its general liability policy did not cover claims brought by Eric and Debra Kinnison against its insured, Pipeline Valve Specialties Company, Inc. (Pipeline). Generali argued the claims were excluded due to an "employee" exclusion, as Eric Kinnison was found to be a dual or borrowed employee of Pipeline, and also due to Pipeline's failure to provide timely notice of the accident and lawsuit. The Court agreed with Generali on both grounds, finding the employee exclusion applicable and Pipeline's notice to Generali to be unacceptably late, thus granting Generali's motion for summary judgment and denying the defendants' cross-motion.

Insurance Coverage DisputeSummary JudgmentEmployee ExclusionLate Notice DefenseBorrowed Employee DoctrineDual EmploymentSurplus Lines InsurerTexas Insurance CodeContract InterpretationDeclaratory Judgment
References
32
Case No. MISSING
Regular Panel Decision

Davison Specialty Chemical Co. v. S & H Erectors, Inc.

This action, presided over by District Judge Edgar, involves Davison Specialty Chemical Co. seeking indemnification from S & H Erectors, Inc. for damages resulting from a 1984 explosion during construction work in Chattanooga, Tennessee. Davison's claim stems from an indemnity clause in their construction contract. S & H moved for partial summary judgment, contending the clause was unenforceable under Maryland law and violated Tennessee public policy regarding workers' compensation immunity. The Court denied S & H's motion, ruling that under Maryland law and a comparative negligence interpretation of the contract, S & H could be liable for damages caused by its own negligence. Furthermore, the Court found that a recent 1985 amendment to the Tennessee Workers' Compensation Act explicitly permits third-party indemnity actions based on express contracts, thereby overcoming S & H's immunity argument.

Indemnity ClauseConstruction ContractPartial Summary JudgmentContractual IndemnificationChoice of LawMaryland LawTennessee Public PolicyWorkers' Compensation ActExclusive Remedy ProvisionComparative Negligence
References
10
Case No. 2025 NYSlipOp 06801
Regular Panel Decision
Dec 09, 2025

AmTrust N. Am., Inc. v. Insurance Specialty Group LLC

The plaintiff, AmTrust North America, Inc., appealed an order dismissing parts of its breach of contract claim against Insurance Specialty Group LLC. The dispute stems from a 2010 Managing Producer Agreement where the defendant was to administer an asset protection program for the plaintiff, with fiduciary duties. Plaintiff alleged multiple breaches, including improper underwriting and concealment of issues, which came to light in 2022. The Supreme Court dismissed claims before May 19, 2017, but the Appellate Division modified this by applying equitable estoppel. The appellate court ruled that estoppel could allow most breach of contract claims, except those solely based on the fiduciary duty to disclose, which are not subject to estoppel for time-barred breaches.

Breach of ContractEquitable EstoppelFiduciary DutyStatute of LimitationsAsset Protection ProgramUnderwriting GuidelinesInsurance AdministrationConcealmentContinuing Wrong DoctrineAppellate Division
References
8
Case No. MISSING
Regular Panel Decision

Christi Bay Temple v. Guideone Specialty Mutual Insurance Co.

Christi Bay Temple, the appellant, appealed the trial court's order dismissing its suit against Guideone Specialty Mutual Insurance Company et al. for want of prosecution. The church had initially sued Guideone in 2004 over an insurance dispute. Guideone filed a plea in abatement, arguing that the church lacked the capacity to sue because its corporate charter had been forfeited in 1983 for failure to comply with franchise tax requirements, which the trial court granted. Despite being given an opportunity to cure this incapacity, the church failed to do so, leading to the dismissal of its case. On appeal, the court affirmed the dismissal but modified the trial court's judgment by deleting the allocation of costs and the 'Mother Hubbard clause,' clarifying that a dismissal for want of prosecution is not a judgment on the merits.

Dismissal for Want of ProsecutionPlea in AbatementCorporate Charter ForfeitureLack of Capacity to SueAbuse of DiscretionAppellate ReviewInsurance DisputeTrial Court Judgment ModificationTexas LawCivil Procedure
References
30
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