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

Case No. 15 Civ. 3975 (NRB)
Regular Panel Decision

National Indemnity Co. v. IRB Brasil Resseguros S.A.

This case involves a dispute between National Indemnity Company (NICO) and IRB Brasil Resseguros S.A. (IRB) over reinsurance obligations. Following contentious arbitrations, a tribunal issued three awards favoring NICO. NICO petitioned the U.S. District Court to confirm these awards, while IRB cross-petitioned for vacatur, citing alleged 'evident partiality' of the neutral umpire, Daniel Schmidt, due to his concurrent service in an unrelated arbitration involving a NICO affiliate (Equitas) and challenging the tribunal's jurisdiction. The court found Schmidt's disclosures reasonable and his concurrent assignments insufficient to demonstrate partiality. It also affirmed the arbitration panel's jurisdiction over the disputed 2008 premium and associated fees. Consequently, the court granted NICO's petition to confirm the awards and denied IRB's cross-petition to vacate them.

ArbitrationReinsurance DisputeEvident PartialityUmpire DisclosureVacatur of Arbitration AwardConfirmation of Arbitration AwardFederal Arbitration ActNew York ConventionArbitration ClauseContract Interpretation
References
42
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. 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
Case No. MISSING
Regular Panel Decision

Hartford Accident & Indemnity Co. v. Coastal Dry Dock & Repair Corp.

This case concerns an appeal by Hartford Accident and Indemnity Co. (insurer) against Coastal Dry Dock and Repair Corp. (insured) regarding unpaid retrospective premiums on a workers' compensation policy. The insurer sought to recover additional premiums calculated based on the insured's loss record, as stipulated by a 'Retrospective Premium Endorsement.' The defendant raised multiple defenses and counterclaims, alleging improper calculations, misrepresentation, and mishandling of claims. The Supreme Court initially denied the plaintiff's motion for summary judgment. However, the Appellate Division reversed this decision, ruling that the defendant's opposition, primarily an attorney's affidavit lacking personal knowledge, was insufficient to raise a genuine issue of material fact. The court found the defendant's defenses and counterclaims legally insufficient, affirming the insurer's contractual right to negotiate and settle claims.

Workers' Compensation PolicyRetrospective PremiumSummary JudgmentContract DisputeInsurance LawAppellate ReviewAffidavit SufficiencyEvidentiary FactsClaims SettlementPolicy Interpretation
References
6
Case No. MISSING
Regular Panel Decision
May 18, 2017

TransAtlantic Lines LLC v. American Steamship Owners Mutual Protection & Indemnity Ass'n

TransAtlantic Lines LLC sought to overturn an adverse insurance coverage decision by the Board of Directors of American Steamship Owners Mutual Protection and Indemnity Association, following a shipping accident. TransAtlantic argued for a de novo review, asserting the alternative dispute resolution (ADR) process was fundamentally unfair due to the Board's inherent financial bias and violated public policy. The district court, however, applied the contractually agreed-upon "arbitrary and capricious" standard of review. The court rejected TransAtlantic's claims of bias and public policy violations, finding that TransAtlantic had voluntarily consented to the ADR framework. Consequently, the court upheld the Board's decision to deny coverage for attorney's fees, U.S. Government cargo losses, and perishable cargo expenses, concluding that these denials were not arbitrary or capricious.

Alternative Dispute Resolution (ADR)Insurance Coverage DisputeSummary JudgmentArbitrary and Capricious StandardContract LawMarine InsuranceJudicial Review of ArbitrationWaiver of RightsPublic Policy ExceptionAttorney Ethics
References
24
Case No. 2017 NY Slip Op 04775
Regular Panel Decision
Jun 13, 2017

Ironshore Indemnity, Inc. v. W&W Glass, LLC

Ironshore Indemnity, Inc., as subrogee of The Related Companies, L.P., appealed a judgment that dismissed their action. The Supreme Court initially granted the Related Companies' motion to intervene, quash subpoenas, and dismiss the complaint. The Appellate Division, First Department, affirmed this judgment, finding that the Related Companies had a strong interest in the litigation. The court concluded that Ironshore had no subrogation rights because it had not made any payments or covered defense costs on behalf of the Related Companies in the underlying personal injury action. Additionally, Ironshore's subrogation claims were barred by Workers' Compensation Law § 11, as no 'grave injury' was alleged or proven.

subrogation rightsinterventionworkers' compensation lawgrave injuryadditional insuredindemnificationcontributiondefense costsappellate divisionjudgment dismissal
References
6
Case No. ADJ1124123 (BGN 0064929) ADJ3374432 (BGN 0061307)
Regular
Oct 22, 2018

MARY BAKER vs. SWEEETHEART CUPS; CIGA by SEDGWICK CMS for FREMONT INSURANCE in liquidation and PORTEOUS FASTENERS/PACIFIC INDEMNITY COMPANY, CHUBB INSURANCE

The Workers' Compensation Appeals Board granted CIGA's petition for reconsideration, reversing the finding that CIGA remained liable for permanent total disability indemnity and medical treatment for the applicant's industrial injuries. The Board found that because the applicant's injuries resulted in a joint and several award with a solvent insurer, Pacific Indemnity, CIGA has no obligation to pay as "other insurance" was available. The decision clarifies that CIGA is absolved of liability for medical treatment jointly caused by both injuries, but remains liable for treatment solely caused by the September 1979 injury. Pacific Indemnity is now solely responsible for all remaining permanent total disability indemnity and medical treatment costs, adjusting for payments already made by CIGA.

CIGASweetheart CupsPorteous FastenersFremont InsurancePacific IndemnityChubb InsuranceWilkinson doctrinejoint and several liabilitycovered claimsother insurance
References
10
Case No. ADJ329334 (OAK 0311178), ADJ2064025 (OAK 0318666)
Regular
Feb 22, 2013

Vilma Ruiz vs. Margaret O'Leary, California Insurance Guarantee Association, for Fremont Indemnity Company, Republic Indemnity Company

The California Workers' Compensation Appeals Board rescinded a prior award finding Republic Indemnity liable for applicant's cumulative injury. The Board ruled that the applicant's compromise and release agreement with Republic barred further claims against them, and that CIGA was not liable because other insurance (Republic) was available. The Board also determined that the applicant's specific injury claim caused no temporary disability, permanent disability, or need for future medical treatment. Consequently, the applicant was awarded no further benefits in either case.

Workers' Compensation Appeals BoardCalifornia Insurance Guarantee AssociationFremont Indemnity CompanyRepublic Indemnity Companycumulative injuryspecific injurycompromise and releaseinsolvent carriercovered claimsother insurance
References
18
Case No. MISSING
Regular Panel Decision

Home Indemnity Co. v. Castel Construction Inc.

The Home Indemnity Company sought to recover unpaid workers’ compensation and general accident insurance premiums from Castel Construction, Inc., after the primary obligor, Gemelli Realty Corp., declared bankruptcy. Castel Construction, Inc., though a named insured, argued it had no direct relationship with the broker or plaintiff and claimed it derived no benefit from the policies. However, the court found Castel Construction, Inc. expressly liable under the insurance contract for the earned premiums. The decision highlighted the benefits Castel Construction, Inc. received as a named insured, including compliance with Workers’ Compensation Law § 50, and distinguished its situation from a prior case where the defendant was not explicitly named. Ultimately, judgment was rendered in favor of the Home Indemnity Company for the outstanding premiums.

Insurance PremiumsWorkers' Compensation CoverageGeneral Accident CoverageContractual LiabilityNamed InsuredSubcontractor LiabilityCorporate BankruptcyConstruction LawNew York Supreme CourtInsurance Broker
References
3
Case No. MISSING
Regular Panel Decision

Garrett v. Holiday Inns, Inc.

The court reviewed an appeal regarding the sufficiency of third-party complaints filed by the lessee, owners, and developers of a Holiday Inn (original defendants and third-party plaintiffs) against the Town of Greece (third-party defendant). The original negligence actions sought damages after a motel fire. The third-party plaintiffs sought contribution and indemnity from the town, despite the town having been previously dismissed from the primary actions due to owing no duty to the original plaintiffs. The court reversed the Special Term's decision, ruling that a third-party action for contribution or indemnity requires the third-party defendant to have violated a duty owed to the original plaintiff. As the Town of Greece owed no such duty, the third-party complaints were dismissed, aligning with established rules for joint tort-feasors and principles of unjust enrichment.

Third-party complaintContributionIndemnityNegligenceDuty of careMunicipal liabilityTort-feasorsUnjust enrichmentFire damagesCertificate of occupancy
References
34
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