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. 09-01-511 CV
Regular Panel Decision
Sep 26, 2002

American National Insurance Company, and American National Property and Casualty Company v. Frank E. Cannon, II, Clifton Mark Grayless, Deborah Glenn, and Robert Westover, Individually and on Behalf of All Other Similarly Situated

This is an interlocutory appeal from a class certification order. American National Insurance Company (ANICO) and American National Property and Casualty Company (ANPAC) appealed the certification of a class action brought by former agents (Frank E. Cannon II, Clifton Mark Grayless, Deborah Glenn, and Robert Westover). The agents alleged breach of contract, fraud, negligent misrepresentation, and violations of the Deceptive Trade Practices Act and Insurance Code, seeking declaratory judgments regarding non-compete provisions and repayment of advance agreements. The appellate court found that individual issues, such as the reasonableness of non-compete restrictions and reliance on oral representations for advance payments, predominated over common issues. Consequently, the court determined that the requirements for class certification under Texas Rule of Civil Procedure 42(b)(4), (b)(2), and (b)(1)(A) were not satisfied. The class certification order was vacated, and the case was remanded to the trial court for further proceedings consistent with the opinion.

Class ActionInterlocutory AppealContract DisputeNon-compete ClauseAgent AgreementsInsurance AgentsDeclaratory JudgmentStandingRipenessPredominance
References
20
Case No. 04-25-00040-CV
Regular Panel Decision
Nov 26, 2025

Enrique Cantu and Bridgefield Casualty Insurance Company v. Javier A. Libson, Nosbil, Inc., Jose Luis Ramirez, Utica National Insurance Group, Utica National Insurance Company of Texas, Utica Mutual Insurance Company, and Republic Franklin Insurance Company

Appellants Enrique Cantu and Bridgefield Casualty Insurance Company appealed a no-evidence summary judgment. Cantu's claims of negligence per se, negligent hiring, training, retention, and negligent entrustment were affirmed. However, the summary judgment for Cantu's ordinary negligence claims was reversed and remanded. Additionally, the judgment favoring the insurance defendants (Utica National Insurance Group, Utica National Insurance Company of Texas, Utica Mutual Insurance Company, and Republic Franklin Insurance Company) was also reversed, as their motion for summary judgment was not properly heard. The case involved a collision between Cantu and Jose Luis Ramirez, an employee of Nosbil, Inc., in foggy conditions, leading to Cantu suing for negligence and insurance claims.

NegligenceAutomobile AccidentSummary JudgmentAppellate ReviewProximate CauseDuty of CareBreach of DutyCausationInsurance ClaimsVicarious Liability
References
36
Case No. No. 77 Civ. 4712 (MP)
Regular Panel Decision
Mar 27, 1978

National Ben. Fund, Etc. v. Presby. H., Etc.

The National Benefit Fund for Hospital and Health Care Workers and the National Pension Fund for Hospital and Health Care Workers (the Funds) sued Presbyterian Hospital in the City of New York, Inc. (Hospital) to recover allegedly owed contributions based on collective bargaining agreements. The Hospital moved to dismiss, asserting the action was barred by a prior arbitration award between the Union (District 1199, National Union of Hospital and Health Care Employees) and the Hospital, which concerned the same contributions and was dismissed due to the Union's unreasonable delay. The District Court, treating the motion as one for summary judgment, held that the arbitration award had res judicata effect. The court determined that the Funds were either in privity with the Union or acted as third-party beneficiaries subject to the same defenses as the promisee Union. Consequently, the court granted the Hospital's motion to dismiss the complaint.

Arbitration AwardRes Judicata DoctrineEmployee Benefit FundsCollective Bargaining DisputesSummary Judgment MotionHospital Labor RelationsUnion RepresentationERISA ClaimsPreclusionFederal District Court
References
19
Case No. 2021 NY Slip Op 02981
Regular Panel Decision
May 11, 2021

Cruz v. National Convention Servs., LLC

Plaintiff David Cruz appealed a Supreme Court order that granted summary judgment to defendant National Convention Services, LLC, dismissing his complaint for injuries sustained at the Jacob K. Javits Convention Center in 2015. Cruz, an employee of NYCCOC, alleged negligence by Vincent Torres and Anthony Scura, general employees of NYCCOC, claiming they were special employees of National, thereby making National liable. The Supreme Court ruled his claims were barred by the Workers' Compensation Law's exclusive remedy doctrine, finding Torres and Scura were not National's special employees. The Appellate Division affirmed this decision, concluding that National did not supervise or direct the carpenters' work, and NYCCOC remained responsible for their wages, assignments, and on-site supervision. Therefore, the court found, as a matter of law, that Torres and Scura were not special employees of National Convention Services, LLC.

Summary judgmentWorkers' Compensation LawExclusive remedy doctrineSpecial employee doctrineAppellate reviewPersonal injuryNegligenceJavits CenterEmployer liabilityVicarious liability
References
6
Case No. MISSING
Regular Panel Decision

National Foods, Inc. v. Rubin

Plaintiff National Foods, Inc. ("Hebrew National") filed a civil rights action against Rabbi Rubin, Director of the Kosher Law Enforcement Division of the New York State Department of Agriculture and Markets, under 42 U.S.C. § 1983 and the Fourteenth Amendment. Hebrew National alleged abuse of state investigatory powers, claiming violations of the due process, establishment, free speech, and commerce clauses, seeking damages and injunctive relief. The complaint detailed events including a 1985 inspection, a subsequent altered report, a 1987 fine, public statements by Rubin, and a 1989 subpoena related to Hebrew National's Indianapolis plant. Defendant Rubin moved to dismiss the amended complaint for failure to state a claim, arguing that the allegations amounted to a state tort defamation claim. The court granted Rubin's motion, finding that Hebrew National failed to allege actionable constitutional deprivations under the "reputation-plus" standard for due process claims, presented no facts suggesting a theological dispute for the establishment clause claim, offered conclusory allegations for the free speech claim, and did not demonstrate a substantial burden on interstate commerce for the commerce clause claim.

Civil Rights Action42 U.S.C. § 1983Due Process ClauseFourteenth AmendmentCommerce ClauseEstablishment ClauseFree Speech ClauseMotion to DismissConstitutional LawState Official Liability
References
16
Case No. MISSING
Regular Panel Decision

Yoda, LLC v. National Union Fire Insurance

The Supreme Court, New York County, initially denied defendant National Union Fire's motion to dismiss the complaint and granted plaintiffs' cross motion for summary judgment, declaring the insurer’s disclaimer of coverage ineffective under Insurance Law § 3420 (d). The appellate court unanimously modified this order, denying the cross motion for summary judgment without prejudice to renewal after discovery, citing the lack of conducted discovery. However, the appellate court affirmed the denial of National Union’s motion to dismiss, noting lingering questions regarding the parties' intentions, the terms of the subcontract, and National Union’s delay in disclaiming coverage, which prevent a determination that Yoda and Riverhead were not additional insureds. Additionally, the employers’ liability exclusion in National Union's policy was found unavailing, as liability would be indirect if Yoda and Riverhead are determined to be additional insureds.

Insurance CoverageDisclaimer of CoverageSummary JudgmentMotion to DismissAdditional Insured StatusEmployers' Liability ExclusionAppellate ReviewDiscovery ProceedingsSubcontract TermsLabor Law Litigation
References
5
Case No. MISSING
Regular Panel Decision

National Union Fire Insurance Co. of Pittsburgh v. Pennzoil Co.

In this worker's compensation insurance case, National Union, an insurance carrier for Four Flags Drilling Company, intervened in an underlying negligence suit filed by injured employee David Pfeifer against Pennzoil and other third parties. National Union sought to assert its subrogation rights for worker's compensation benefits paid. Pennzoil moved to strike the intervention, arguing National Union had waived its subrogation rights via a Certificate of Insurance. The trial court granted Pennzoil's motion to strike and sever. On appeal, National Union contended the trial court erred procedurally and evidentiarily in striking its intervention. The appellate court affirmed the trial court's decision, finding the waiver of subrogation clause in the certificate unambiguous and enforceable against Pennzoil. The court, however, could not definitively rule on National Union's claims against other defendants due to an insufficient record regarding their status in the underlying suit.

worker's compensationsubrogation rightsinterventionwaiverinsurance lawcivil procedureappellate reviewTexas lawmotion to strikeseverance
References
9
Case No. MISSING
Regular Panel Decision

In Re American National Insurance Co.

Inocencia Liano, an American National Insurance Company employee, was terminated and subsequently filed a lawsuit alleging age discrimination under the Texas Labor Code. American National sought to compel arbitration based on provisions in a collective-bargaining agreement and an individual Agent’s Agreement, which the trial court denied. American National then filed a writ of mandamus, requesting this court to order the trial judge, the Honorable Linda Y. Chew, to grant their motion to compel arbitration. Citing established precedent such as Alexander v. Gardner-Denver Co., this court affirmed that a collective-bargaining agreement cannot prospectively waive an individual employee’s statutory rights. Consequently, finding no clear abuse of discretion by the trial court, the mandamus relief requested by American National was denied.

MandamusArbitration AgreementAge DiscriminationTexas Labor CodeFederal Arbitration Act (FAA)Collective Bargaining Agreement (CBA)Employee Statutory RightsUnion DiscretionJudicial ForumAppellate Review
References
15
Case No. MISSING
Regular Panel Decision

Bates v. Jackson National Life Insurance

This case involves Jerry Bates and Brian Bates, beneficiaries of a life insurance policy, suing Jackson National Life Insurance Company to recover policy proceeds after their father, Mr. Bates, died. Jackson National denied the claim, alleging material misrepresentations by Mr. Bates regarding his health (specifically diabetes and phlebothrombosis) in the insurance application. The court considered Jackson National's motion for summary judgment on claims of breach of contract, breach of the duty of good faith and fair dealing, and violation of Article 21.21 of the Texas Insurance Code. The court denied summary judgment on the breach of contract claim, finding a genuine issue of material fact regarding Mr. Bates' intent to deceive. However, the court granted summary judgment for Jackson National on the claims of breach of the duty of good faith and fair dealing and violation of Article 21.21, ruling that this duty does not extend to third-party beneficiaries like the plaintiffs under Texas law, and even if it did, Jackson National had a reasonable basis for denying the claim due to the admitted misrepresentations.

Life InsuranceMaterial MisrepresentationSummary JudgmentBreach of ContractBad Faith ClaimDuty of Good Faith and Fair DealingTexas Insurance Code Article 21.21Third-Party BeneficiaryInsurance Policy ProceedsMedical History Disclosure
References
62
Case No. MISSING
Regular Panel Decision

National Casualty Co. v. Allcity Insurance

This case concerns an appeal from an order of the Supreme Court, Bronx County, which initially denied Allcity Insurance Company's motion for summary judgment and granted National Casualty Company's cross-motion for reimbursement. The underlying dispute involved National's request for one half of settlement and defense costs from Allcity, stemming from a personal injury action where the owner and general contractor were additional insureds on a subcontractor's general liability policy. The appellate court unanimously reversed the lower court's decision, granting Allcity's motion and denying National's cross-motion. The reversal was based on the antisubrogation rule, which precluded National from seeking recovery from Allcity, the subcontractor's workers' compensation carrier, as Allcity would not have been obligated to contribute to the settlement. Consequently, the complaint against Allcity was dismissed.

Summary JudgmentAntisubrogation RuleAdditional InsuredReimbursementDefense CostsGeneral Liability PolicyWorkers' Compensation CarrierAppellate DivisionInsurance LawPersonal Injury Action
References
2
Showing 1-10 of 2,019 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