News & Analysis as of

Workplace Injury Insurance Industry

Presley & Presley

Carrier’s Failures Create Coverage

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Insurance laws may vary slightly between jurisdictions but major principles are nearly uniform. These include requirements that an insurer should draft clear and unambiguous exclusions and should identify and fully inform the...more

Stark & Stark

Navigating Workers' Compensation for Repetitive Stress Injuries

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The term ‘repetitive stress injury’ covers a wide variety of conditions. A Repetitive stress or strain injury happens when too much stress is placed on a given body part and can result in pain, swelling, muscle strains, and...more

Marshall Dennehey

Lack of Insurance Coverage Does Not Defeat Workers’ Compensation Bar for New Jersey Workers’ Compensation Intentional Injury Claim

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Key Points: The New Jersey Workers’ Compensation Act requires all employers to obtain workers’ compensation insurance coverage or be subject to both criminal and civil penalties....more

Woodruff Sawyer

How Your Experience Modification Rate Impacts Your Insurance Premiums and Business

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Your business’s experience modification rating (ex-mod) directly translates to premium dollars, and risk managers and executives could benefit from a basic understanding of how ex-mods are calculated. The ex-mod reflects an...more

Woodruff Sawyer

Employees Working Abroad: The Insurance Implications

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As employers of all sizes expand globally, they must know how to address the global insurance rules, regulations, and best practices. Your company may have operations only in the US, but that doesn’t mean it you don’t have...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - April 27 2023

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The insureds, a country club and motorcycle group, held an annual motorcycle rally. They were sued by two motorcycle riders who were struck by an automobile as the riders and automobile were entering the premises of the club...more

Cranfill Sumner LLP

Workers' Compensation Cases to Consider in 2023

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In the past two years, there have been many interesting and impactful appellate decisions in North Carolina Workers’ Compensation law. Going into 2023, we wanted to flag the following...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court reaffirms invalidation of regular-use exclusion to preclude UIM coverage

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On September 7, 2022, the Superior Court of Pennsylvania held in Jones v. Erie Insurance Exchange that “the regular-use clause of an insurance contract contravenes Section 1731” of the Pennsylvania Motor Vehicle Financial...more

White and Williams LLP

Insurers Can Look To Extrinsic Evidence To Deny a Defense

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Last week, the New Jersey Supreme Court decided Norman International, Inc. v. Admiral Insurance Company, No. 086155 (N.J. Aug. 11, 2022). At issue was coverage for a work-site injury and the interpretation of a policy...more

Carlton Fields

Ninth Circuit Finds Settlement and Two-Year Limitations Statute Barred “Bad Faith” Workers’ Compensation Suit by Man Struck by...

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In Larson v. Liberty Mutual Fire Insurance Co., the Ninth Circuit Court of Appeals affirmed that, under Hawaii law, unambiguous broad settlement release language and the two-year tort statute of limitations barred claims that...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - October 2021

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Court Holds That Contractor’s Insurer Must Defend Owner As Additional Insured In Personal Injury Action Filed By Subcontractor’s Employee- A premises owner hired a contractor to perform an oil-to-gas boiler conversion, and...more

Kaufman & Canoles

North Carolina Industrial Commission Penalty Assessment Orders: Common Civil and Criminal FAQs

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Since approximately 2014, the North Carolina Industrial Commission has doggedly pursued businesses without workers’ compensation insurance in violation of NCGS § 97-94. Through software automation, the Industrial Commission...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - April 2021

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Kenneth Jacobson was injured on a construction site, and he sued the owner of the premises and the general contractor (“GC”). The owner and GC filed a third-party action for contribution against a subcontractor insured by...more

White and Williams LLP

Increasing Exposure for Insurers and Employers as Courts Strike Workers’ Comp Bar to BIPA Claims

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Litigation under the Illinois Biometric Information Privacy Act (BIPA) has expanded tenfold. Although the statute was enacted 12 years ago, litigation under its private cause of action has spiked in more recent years partly...more

Littler

Virginia Begins Enforcement of New Workers’ Compensation Law on July 1, 2020

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Beginning July 1, 2020, the Virginia Workers’ Compensation Commission will begin enforcing a new law that will affect how Virginia employers and their workers’ compensation insurance carriers respond to initial claims for...more

Bricker Graydon LLP

Application deadline for BWC group-rating programs is fast approaching

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The Bureau of Workers’ Compensation (BWC) announced that private employers that are interested in the Deductible, Individual-Retrospective-Rating or One Claim programs must file an application by January 31, 2020, for the...more

White and Williams LLP

Three-Year Delay Not “Prompt Notice,” But Insurer Not “Appreciably Prejudiced” Either, New Jersey Court Holds

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In Harleysville Preferred Insurance Company v. East Coast Painting & Maintenance, LLC, 2019 U.S. Dist. LEXIS 135295 (D.N.J. Aug. 12, 2019) (East Coast Painting), the U.S. District Court for the District of New Jersey held...more

Gray Reed

MSA Indemnity Denied Under The Louisiana Oilfield Indemnity Act

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Cardoso-Gonzales v. Anadarko Petroleum Corp. addressed the all-important indemnity and insurance provisions in Master Service Agreements in light of the Outer Continental Shelf Lands Act and the Louisiana Oilfield Indemnity...more

Carlton Fields

Missouri Court Finds Insurance Contract’s Arbitration Clause Unenforceable As Against Public Policy

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This case arose from an accident at the General Motors plant in Kansas City, Kansas, where an electrician employed by Capital Electric Construction Company, Inc. was severely injured due to negligence by Solaris Power...more

Seyfarth Shaw LLP

Timing is Everything: Tenth Circuit Overturns Insurer’s Disability Decision as Arbitrary and Capricious

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Even when a claims administrator approves a claim for disability benefits, its job is not done. That principle was again demonstrated in the recent case Owings v. United of Omaha Life Insurance Co., No. 16-3128 (10th Cir....more

Robinson+Cole ERISA Claim Defense Blog

Second Circuit Clarifies New York Anti-Subrogation Law Prohibits Offsets For Settlements; Declares Plan’s Choice-of-Law Provisions...

The U.S. Court of Appeals for the Second Circuit has ruled that New York’s anti-subrogation statute, N.Y. Gen. Oblig. Law § 5-335(a), applies both to “offsets” for prospective benefit payments and to reimbursements for prior...more

Carlton Fields

New York’s High Court Holds Additional Insured Coverage Extends Only to Injuries Proximately Caused by Named Insured’s Fault

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On June 6, the New York Court of Appeals in Burlington Insurance Co. v. NYC Transit Authority held that where liability is limited to injuries “caused, in whole or in part” by the named insured’s “acts or omissions,” coverage...more

Melito & Adolfsen

New York's Highest Court Limits Additional Insured Coverage

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New York's Highest Court, the NY Court of Appeals, issued a decision holding that the phrase "caused by your acts or omissions" in the additional insured endorsement requires that the named insured wrongful actions be a...more

Bradley Arant Boult Cummings LLP

One Judge Finds Alabama’s Workers’ Compensation Act Unconstitutional—Now What?

Workers’ compensation laws are supposed to take the guess work out of employee injuries. If an employee is hurt at work, the statute governs, you pay the benefits and move on—right? Well, if you have employees in Alabama,...more

Baker Donelson

The Wandering Rocks – Recent Fifth Circuit Jurisprudence On Offshore Indemnity

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A pair of recent Fifth Circuit cases, In Re Larry Doiron, Inc., 849 F.3d 602 (5th Cir. Feb. 23, 2017, rev’d Mar. 7, 2017) and Richard v. Anadarko Petroleum Corp., No. 16-30216 — F.3d —-, 2017 WL 835187 (5th Cir. Mar. 2, 2017)...more

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