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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
Sep 11, 1989

In re the Arbitration Between St. Paul Fire & Marine Insurance

St. Paul Fire & Marine Insurance Company petitioned for a stay of arbitration sought by James D. Brown, Jr. and for a declaration that Richard Faulkner's vehicle was covered by Aetna Casualty & Surety Company's policy issued to Empire Preferred Commercial Operations. Faulkner, an Empire employee, was involved in an accident with Brown while driving his own car for business purposes, despite making a stop to pick up his son en route to a job inspection site. Brown made a claim against the uninsured motorist provision of his policy with St. Paul. The lower court found Faulkner's vehicle was used "in connection with" Empire's business, and this finding was upheld on appeal. The court concluded that picking up his son was not a deviation from employment. Therefore, the judgment granting St. Paul's petition and affirming Aetna's coverage for Faulkner's vehicle was unanimously affirmed.

Insurance CoverageAutomobile AccidentScope of EmploymentNon-Owned AutomobilesArbitration StayDeclaratory JudgmentEmployer LiabilityEmployee TravelBusiness Use of VehicleDeviation from Employment
References
3
Case No. MISSING
Regular Panel Decision

St. Paul Fire & Marine Insurance v. Rea Express, Inc.

This appeal addresses whether workmen's compensation payments for injuries sustained before a Chapter XI proceeding are administrative costs under Section 64a(l) of the Bankruptcy Act. The plaintiff, St. Paul Fire & Marine Insurance Co., a surety, made these payments on behalf of the debtor in possession, REA, and sought reimbursement with priority. The Bankruptcy Court ruled in favor of St. Paul, categorizing these as administrative expenses, but the District Court reversed this decision. The District Court held that such pre-petition compensation liabilities are ordinary provable debts under Section 63a(6) and not administrative costs, which are intended for liabilities incurred during the administration period to preserve the estate. Equitable considerations cannot override the strict priorities outlined in Section 64a, and the surety, having been paid to assume the risk, suffers no inequity.

Chapter XIBankruptcy ActCosts of AdministrationWorkmen's CompensationSuretySubrogationPriority ClaimsPre-petition LiabilitiesDebtor in PossessionEquitable Considerations
References
13
Case No. MISSING
Regular Panel Decision

Bradlees Stores, Inc. v. St. Paul Fire & Marine Insurance (In Re Bradlees Stores, Inc.)

St. Paul Fire and Marine Insurance Company ("St. Paul") moved to vacate a February 6, 2003 order approving a settlement with Bradlees Stores, Inc., Bradlees, Inc., and New Horizons of Yonkers, Inc. (collectively, "Bradlees"). St. Paul premised its request on mutual mistake, arguing that both parties believed Stop & Shop Companies, Inc. ("Stop & Shop") had assumed all pre-July 1992 workers' compensation liabilities for Bradlees. The court denied the motion, finding no mutual mistake of fact but rather speculation about a future event (Stop & Shop potentially reneging on its assumed obligations). The court also noted St. Paul's sophistication and prior knowledge of its potential exposure, thus failing to establish grounds for newly discovered evidence or misrepresentation. Finally, the court denied St. Paul's request to hold the motion in abeyance, emphasizing the need to conclude the Debtors' cases.

BankruptcySettlement AgreementMotion to VacateWorkers' Compensation LiabilitiesMutual MistakeFederal Rules of Civil Procedure Rule 59Federal Rules of Civil Procedure Rule 60(b)Bankruptcy Rules Rule 9023Bankruptcy Rules Rule 9024Letter of Credit
References
23
Case No. MISSING
Regular Panel Decision
Feb 21, 2008

Indemnity Insurance Co. of North America v. St. Paul Mercury Insurance

In this insurance coverage dispute, IICNA, Romano's excess insurer, sought reimbursement from St. Paul (Yonkers' insurer) and Yonkers (general contractor) for a $2 million payment made to settle an underlying personal injury suit involving Eugene Flood. Flood, a Yonkers employee, was injured due to a cable left by subcontractor Romano. IICNA settled the underlying action without St. Paul's consent, believing St. Paul's policy was primary and Yonkers was contractually obligated to indemnify. The court denied IICNA's claims, finding St. Paul was not bound by the non-consented settlement and had properly tendered defense to Romano. Furthermore, IICNA's subrogation claim against Yonkers was barred by the antisubrogation rule, as Yonkers was an additional insured under IICNA's policy.

Insurance CoverageReimbursementSubrogationAntisubrogation RuleAdditional InsuredIndemnification AgreementLabor LawSummary JudgmentAppellate ReviewSettlement Consent
References
8
Case No. MISSING
Regular Panel Decision

Tracey Road Equipment, Inc. v. Village of Johnson City

This case involves two appeals from orders and judgments of the Supreme Court in Broome County. Action No. 1 concerned Tracey Road Equipment, Inc.'s request for a declaratory judgment against the Village of Johnson City regarding insurance coverage for a street sweeper involved in an accident. The Supreme Court granted summary judgment to Johnson City, finding it not obligated to defend or indemnify Tracey Road, which was affirmed on appeal. Action No. 2 involved the Insurance Company of North America (INA) seeking a declaratory judgment against St. Paul Fire & Marine Insurance Company, contending St. Paul was a coinsurer for Johnson City in the same accident. The Supreme Court denied INA's motion, but the appellate court reversed, declaring INA and St. Paul to be coinsurers and obligating St. Paul to pay half of Johnson City's defense and indemnification costs.

Insurance Coverage DisputeDeclaratory JudgmentSummary JudgmentLease Agreement InterpretationCoinsuranceVehicle LiabilityAppellate ReviewContractual IndemnityMotor Vehicle AccidentInsurance Policy Interpretation
References
5
Case No. MISSING
Regular Panel Decision
May 20, 1985

Colby v. St. Paul Fire & Marine Insurance

The plaintiff, a truck driver employed by American Forest Products Corporation (American), sustained injuries in a motor vehicle accident on December 21, 1982, while operating a tractor trailer owned by T. J. Vesce, Inc. (Vesce) and leased by American. The plaintiff subsequently secured a default judgment of $365,000 against Vesce. In a declaratory judgment action, the plaintiff sought to hold St. Paul Fire and Marine Insurance Company (St. Paul), American's insurer, liable for the judgment, arguing that Vesce remained the true insured due to an intertwined corporate history and name changes between American and Vesce. The court rejected this theory, finding no basis to pierce the corporate veil or disregard the corporate names, and affirmed that the insurance contract covered American. Additionally, the court noted that the policy explicitly excluded coverage for bodily injury to an insured's employee, which the plaintiff, as an employee of American, was subject to, thus directing recourse under the Workers' Compensation Law. The order denying the plaintiff's cross motion for summary judgment and declaring St. Paul not liable to the plaintiff was affirmed.

declaratory judgmentcorporate veilinsurance policy constructionemployee exclusionmotor vehicle accidentcorporate name changesummary judgmentemployer liabilityinsurance coverageappellate review
References
3
Case No. MISSING
Regular Panel Decision

Carlingford Australia General Insurance v. St. Paul Fire & Marine Insurance

This case involves a dispute between Carlingford Australia General Insurance Limited (plaintiff) and defendant reinsurers, including St. Paul Fire and Marine Insurance Company, Aetna Insurance Company, and CIGNA Corporation, along with broker Marsh & McLennan, Inc., concerning a worker's compensation reinsurance policy. The core issue revolves around whether the reinsurance was on an aggregate or per-occurrence basis. Defendants moved to amend their answers to introduce an affirmative defense and counterclaim for rescission, alleging the plaintiff concealed material facts about its premium arrangements with the insured (Courtaulds-Nilsen), which seemingly guaranteed the plaintiff a profit. The court, after reviewing arguments and relevant case law such as Sun Mutual Insurance Company v. Ocean Insurance Company and China Union Lines v. American Marine Underwriters, granted the reinsurers' motion to amend their answers, concluding that the arguments regarding the materiality of the non-disclosures address the merits and should be allowed to be tested.

Reinsurance DisputeWorker's Compensation InsuranceMotion to Amend PleadingsAffirmative DefenseCounterclaim for RescissionMaterial NondisclosureInsurance PremiumsUnderwriting PracticesBroker LiabilityContract Interpretation
References
10
Case No. MISSING
Regular Panel Decision
Sep 29, 1982

Claim of Sullivan v. Zerwick Food Corp.

This case involves an appeal from a Workers’ Compensation Board decision regarding the effective date of an insurance policy cancellation. The claimant was injured while employed by Zerwick Food Corporation, which was insured by St. Paul Fire & Marine Insurance Company. The Board found the policy cancellation effective April 10, 1978, having complied with subdivision 5 of section 54 of the Workers’ Compensation Law. The Uninsured Employers Fund appealed, citing the necessity of strict compliance with cancellation notice requirements. The court, after reviewing the notice and testimony, affirmed the Board's determination, concluding that there was substantial evidence to support the April 10, 1978 cancellation date.

Workers' Compensation LawInsurance Policy CancellationNotice RequirementsStrict ComplianceSubstantial EvidenceAppellate ReviewUninsured Employers FundPolicy Effective DateWorkers' Compensation Board DecisionNew York Law
References
2
Case No. MISSING
Regular Panel Decision

Surdam v. Vance

A Vermont resident, injured in an Ulster County, New York accident while working, received workers' compensation benefits under Vermont law from St. Paul Property & Liability Insurance Company. She later settled a personal injury action in New York, and St. Paul claimed a lien on the settlement for benefits paid. The Supreme Court granted the plaintiff's motion to annul the lien. However, the Appellate Division reversed, ruling that the Supreme Court lacked personal jurisdiction over St. Paul because service of motion papers by mail was insufficient to initiate an action or special proceeding.

Workers' Compensation LienPersonal JurisdictionService of Process by MailInterstate Conflict of LawsVermont Workers' Compensation ActNew York CPLRSettlement ProceedsAppellate ReviewMotion to Annul LienInsurance Carrier Rights
References
4
Case No. GRO 27301, GRO 28637
Regular
Feb 11, 2008

HERMAN DENNLER vs. TIMEC CO., INC., ST. PAUL TRAVELERS, OPEN WAVES SYSTEMS, LUMBERMAN'S MUTUAL CASUALTY COMPANY

This Workers' Compensation Appeals Board opinion corrects a clerical error in a previous decision, specifically removing the incorrect statement that St. Paul Travelers was adjusted by Broadspire. The case involves two injuries sustained by Herman Dennler in 2002, with awards of permanent disability indemnity and future medical treatment granted against Timec Co., Inc. (insured by St. Paul Travelers) and Open Wave Systems (insured by Lumberman's Mutual Casualty Company). The correction clarifies that St. Paul Travelers was the insurance carrier for Timec Co., Inc. and was not adjusted by Broadspire.

Workers' Compensation Appeals Boardclerical errorreconsiderationaward correctionpermanent partial disabilitytemporary disability indemnitymedical treatmentattorney's feeslienTimec Co.
References
0
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