CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision

Pecker Iron Works of New York, Inc. v. Traveler's Insurance

This case involves a dispute between Pecker Iron Works and Travelers Indemnity Company of Connecticut concerning the primary versus excess coverage obligations of two liability insurance carriers. Pecker, designated as an 'additional insured' under Upfront Enterprises' policy with Travelers, sought primary coverage after an Upfront worker was injured on a construction site. Travelers contended its policy provided only excess coverage for additional insureds unless explicitly designated as primary in a written contract. The Supreme Court initially agreed with Travelers, but the Appellate Division reversed, holding that coverage for additional insureds is presumed primary unless unambiguously stated otherwise. The Court of Appeals affirmed the Appellate Division's decision, concluding that Pecker was entitled to primary coverage.

Insurance CoverageAdditional InsuredPrimary CoverageExcess CoverageSubcontractor AgreementDeclaratory JudgmentContract InterpretationLiability InsuranceConstruction ProjectAppellate Review
References
4
Case No. ADJ10857121
Regular
Sep 13, 2022

GEORGE ZEBER vs. NEW YORK YANKEES, TRAVELERS INDEMNITY COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award concerning applicant George Zeber's claim against the New York Yankees and Travelers Indemnity Company. The Board amended the prior decision to defer the issue of insurance coverage to mandatory arbitration. Findings were amended to reflect that Travelers Indemnity Company insured the employer from April 5, 1976, to April 5, 1977, and the award was clarified to be against Travelers for future medical treatment.

Workers' Compensation Appeals BoardPetition for ReconsiderationInsurance CoverageMandatory ArbitrationCumulative Trauma PeriodMedical TreatmentMedical Record DevelopmentStatute of LimitationsPermanent DisabilityUSF&G
References
2
Case No. MISSING
Regular Panel Decision
May 01, 1981

State v. New Hampshire Merchants Insurance

This case involves cross-appeals concerning insurance coverage for a State employee, David L. Sinnamon, after an accident. The Attorney-General defended Sinnamon when New Hampshire Merchants Insurance Company, Inc. and Travelers Indemnity Company both refused to provide coverage, despite a prior ruling establishing their respective primary and secondary duties to defend. The State then commenced an action seeking reimbursement for legal fees incurred. Initially, summary judgment was granted against Merchants but dismissed against Travelers due to perceived lack of contractual privity. The appellate court modified this decision, concluding that both insurers breached their independent duty to defend Sinnamon, thus granting summary judgment on liability against both companies and remanding for a damages hearing.

Insurance CoverageDuty to DefendSummary JudgmentCross AppealsReimbursement of Legal FeesPublic Officers LawState Employee DefenseBreach of ContractAppellate ReviewDeclaratory Judgment
References
3
Case No. MISSING
Regular Panel Decision

Romano v. Whitehall Properties

An employee of Sorbara Construction Company was injured at a construction site owned by Whitehall Properties, LLC. The employee received workers' compensation benefits from Travelers Indemnity Insurance Company of America, Sorbara's carrier. The employee also filed a negligence action against Whitehall and the general contractor, Kreisler Borg Florman General Construction Co., Inc. This negligence action was settled, with Travelers contributing under a general liability policy. Whitehall and Kreisler appealed a Supreme Court order denying their motion to extinguish Travelers' workers' compensation lien against the settlement. The appellate court affirmed, ruling that the anti-subrogation rule did not apply because Travelers' workers' compensation obligation arose from a separate policy issued to Sorbara, not the general liability policy covering Whitehall and Kreisler, thus allowing Travelers to assert its lien.

Workers' Compensation LienAnti-Subrogation RuleGeneral Liability PolicyPersonal Injury DamagesConstruction AccidentEmployer NegligenceInsurance CarrierSettlement AgreementAppellate DecisionThird-Party Action
References
6
Case No. ADJ3292672
Regular
Nov 08, 2012

SUSAN VIRDIER vs. CONCENTRA MANAGED CARE, ATLANTIC MUTUAL INSURANCE COMPANY (in liquidation), CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, TRAVELERS INDEMNITY INSURANCE COMPANY

This case concerns Travelers Indemnity Insurance Company's petition for reconsideration regarding its liability for applicant Susan Verdier's medical treatment. Travelers argued it should not be responsible for medical care in ADJ4661775, as it did not insure the employer at the time of the specific left wrist injury in ADJ3701452, and the cumulative trauma injury in ADJ4661775 involved different body parts. The Board denied the petition, holding that medical treatment expenses are not apportionable and that Travelers' coverage for the cumulative trauma period constitutes "other insurance" when the primary insurer is insolvent. The Board found no medical evidence distinguishing the need for treatment between the upper extremities and the wrist, thus upholding the finding that Travelers is available coverage for the award.

Workers Compensation Appeals BoardConcentra Managed CareAtlantic Mutual Insurance CompanyCalifornia Insurance Guarantee AssociationTravelers Indemnity Insurance CompanyreconsiderationFindings and Ordersother coveragemedical treatmentcumulative trauma
References
4
Case No. MISSING
Regular Panel Decision

Cephalon, Inc. v. Travelers Companies, Inc.

Plaintiff Cephalon, Inc. initiated a declaratory judgment action against The Travelers Companies, Inc. and its four subsidiaries in the Southern District of New York. Cephalon sought a declaration that its off-label promotion of the drug Actiq did not violate the FDCA and caused no injury to Travelers. This suit was filed after Travelers, a workers' compensation insurer, sent pre-suit settlement demands to Cephalon, accusing it of causing damages through off-label drug promotion. Travelers moved to dismiss or transfer the case. The court granted Travelers' motion to dismiss, ruling that Cephalon's declaratory action was improperly anticipatory, having been filed in direct response to Travelers' specific threat of litigation and impending deadlines.

Declaratory JudgmentImproperly AnticipatoryFirst-Filed RuleMotion to DismissFederal Rule of Civil Procedure 12(b)(6)Off-Label Drug PromotionFood, Drug and Cosmetics ActInsurance DisputeWorkers' CompensationForum Selection
References
19
Case No. MISSING
Regular Panel Decision
Sep 30, 2013

Broome County v. The Travelers Indemnity Company

This case involves cross-appeals from an order concerning an insurance dispute. The plaintiff, an insured party, experienced property damage due to silica dust migration during construction, which they claimed was covered by their first-party insurance policy with the defendants, The Travelers Indemnity Company and The Travelers Companies, Inc. The defendants disclaimed coverage based on pollution and faulty workmanship exclusions. While the Supreme Court initially found issues of fact, the appellate court reversed this decision. The appellate court ruled that both the pollution exclusion, defining silica dust as a pollutant, and the faulty workmanship exclusion, pertaining to flawed construction processes, unambiguously applied to bar coverage. Consequently, summary judgment was granted to the defendants, and the plaintiff's complaint was dismissed.

Insurance PolicyFirst-Party CoveragePollution ExclusionFaulty Workmanship ExclusionSummary JudgmentSilica DustProperty DamageAppellate ReviewContract InterpretationAmbiguity in Policy
References
19
Case No. MISSING
Regular Panel Decision

Fulton Boiler Works, Inc. v. American Motorists Insurance

Fulton Boiler Works, Inc., filed an action against several insurance companies regarding defense and indemnification for thousands of asbestos claims. The court addressed multiple pending motions for summary judgment, focusing on the proper allocation of indemnity costs among the liable parties, Fulton's obligation for uninsured years, the applicability of equitable estoppel against insurers, and Travelers' specific obligations concerning notice of claims and disclaimers. The court ruled that a pro rata allocation of indemnity costs is appropriate, with Fulton liable for periods it was uninsured. Equitable estoppel was deemed inapplicable to bar insurers from seeking contribution, and Travelers was found to have received proper notice for many claims and is barred from disclaiming coverage due to untimely disclaimers. This order, along with a previous one, sets the 'ground rules' for resolving past, pending, and future asbestos claims.

Asbestos LiabilityInsurance Coverage DisputeIndemnity AllocationSummary JudgmentEquitable EstoppelNotice ProvisionsDisclaimer of CoveragePro Rata AllocationInjury-in-factComprehensive General Liability Policy
References
23
Case No. ADJ3714425 (FRE 0234250) ADJ896033 (FRE 0171714)
Regular
Aug 22, 2014

MICHAEL WRIGHT vs. STAR MEDIA, TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

The Workers' Compensation Appeals Board granted reconsideration, rescinding a WCJ's order that enforced a reimbursement order against Travelers Indemnity Company. The Board found the reimbursement order void *ab initio* due to procedural due process infirmities. Specifically, the "self-destruct" clause in the order did not comport with due process protections outlined in precedent cases like *Mitchell v. Golden Eagle Ins.*, failing to guarantee a review of objections or automatically void the order upon valid objection. Therefore, Travelers' due process rights were violated, necessitating the rescission of the WCJ's findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder for ReimbursementCalifornia Insurance Guarantee Association (CIGA)Cumulative Trauma InjuryAgreed Medical Examiner (AME)ApportionmentDue ProcessSelf-Destruct ClauseVoid Ab Initio
References
2
Case No. MISSING
Regular Panel Decision

Hartford Accident & Indemnity Co. v. Commercial Union Insurance

This case involves a dispute between two insurance companies, Hartford Accident and Indemnity Company (excess insurer) and Commercial Union Insurance Company (primary insurer), concerning liability for an injury claim. Michael Jutt, an employee of Minuteman Press International, Inc., was injured while on a Minuteman-owned boat. Commercial Union, the primary insurer, denied coverage and refused to defend Minuteman, leading Hartford, the excess insurer, to provide defense and settle Jutt's claim for $135,000. Hartford subsequently sued Commercial Union for breach of fiduciary duty. The District Court affirmed Hartford's standing to sue, recognizing a direct fiduciary duty owed by a primary insurer to an excess insurer, and found that the "paid employees" exclusion in Commercial Union's policy was ambiguous. Consequently, the Court ruled in favor of Hartford, ordering Commercial Union to pay $135,000 plus interest.

Insurance LawExcess InsurancePrimary InsuranceFiduciary DutyEquitable SubrogationPolicy ExclusionAmbiguous Contract TermDeclaratory Judgment ActionStanding to SueMarine Insurance
References
5
Showing 1-10 of 8,897 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational