LexisNexis® Legal Newsroom
CA: Declaration of Readiness to Proceed Sufficient to Initiate Proceedings for Contribution

Nathan Wines v. SDA Security Systems, Inc. Contribution--Statute of Limitations--WCAB held that, pursuant to decision in Old Republic Insurance Company v. W.C.A.B. (Bennett) (2010) 75 Cal. Comp. Cases 168 (writ denied), defendant was not barred by statute of limitations from seeking contribution against...

Allocation of Coverage - New Appleman on Insurance Law Library Edition, Chapter 22

By Laura A. Foggan, Partner, Wiley Rein LLP This chapter opens with a discussion of how to determine whether allocation is required and an explanation of key circumstances where concurrent or successive insurance policies may be implicated by insurance claims. These circumstances present issues of...

Eighth Circuit "clarifies" issues left unresolved in U.S. Supreme Court's Atlantic Research and Cooper Industries opinions

In 1983, the City sought to restore a long closed well for use as a drinking water resource. It received complaints re taste and odor. The State of Nebraska and EPA investigated, and ultimately the site was added to the NPL in 1986. EPA determined that the VOC contamination originated from seven source...

California Workers' Compensation Case Roundup (7/9/2011)

CALIFORNIA COMPENSATION CASES Vol. 76 No. 6 June 2011 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2011 LexisNexis. All rights...

Cases to Watch: Supreme Court Could Address Key Cost Recovery Issue in Morrison Enterprises

By Keri L. Holleb Hotaling, Partner, Jenner & Block LLP When the Supreme Court returns from its summer recess on September 26 to select cases for review this fall, it is likely to consider taking up Morrison Enterprises, LLC v. Dravo Corp . The question presented is: Whether a party that...

California: WCAB Panel Allows Report of Non-Examining Panel QME in Contribution Proceeding

In Chirinos v. Heartwood Cabinet , No. ADJ2087163, the WCAB panel found that the applicant’s failure to submit to a physical examination by the panel QME did not render the panel QME’s reports inadmissible for purposes of this contribution proceeding, and that the Arbitrator did not err in...

CIGA Ordered to Administer Medical Care for Both Specific and Cumulative Trauma Injuries: Cal. Comp. Cases December Advanced Postings (12/23/2011)

Featured Case of the Week: CIGA ordered to administer medical care for both specific and cumulative trauma injuries California Insurance Guarantee Association (insurer for MB Painting), administered by Intercare Insurance Services, on behalf of Credit General Insurance Company, in liquidation, and...

SNR Denton US LLP on Illinois School District Agency v. The St. Charles Community Unit School District 303: Illinois Appellate Court Rejects “Selective Tender” Rule for Chronologically Consecutive Insurance Policies

By Daniel E. Feinberg, Counsel, SNR Denton In Illinois School District Agency v. The St. Charles Community Unit School District 303 , 2012 Ill. App. LEXIS 242 (Ill. Ct. App. Mar. 30, 2012), the Illinois Appellate Court held that Illinois' "selective tender" rule does not apply in cases...

Arbitrator of Contribution Proceeding Not Bound by WCJ’s Finding of Injury AOE/COE: Cal. Comp. Cases June Advanced Postings (5/30/12)

Here’s the first batch of advanced postings for the June 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Los Angeles Unified School District, PSI, administered...

The Future of Exclusive Remedy: Does the Doctrine Still Protect Employers?

At the 21st Annual National Workers’ Compensation and Disability Conference ®, Nov. 7-9, 2012, Thomas A. Robinson, author and primary upkeep writer for Larson’s Workers’ Compensation Law , will speak and moderate on The Future of Exclusive Remedy . Exclusivity: The Heart of...

Larson’s Spotlight on Recent Cases: Contribution/Indemnity Defense in Third Party Suit When Employer Hires Illegal Alien

Larson's Spotlight on Contribution, Firefighter's Rule, Safety Device, and Credit. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below. NY: Employer...

Injured Worker’s Spouse Entitled to $21,600 for Retroactive Home Health Care Services: Cal. Comp. Cases October Advanced Postings (10/16/2012)

Here’s the fourth batch of advanced postings for the October 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries . © Copyright 2012 LexisNexis. All rights reserved. Insurance Company of the State of Pennsylvania, insurer...

Jenner & Block: U.S. Appellate Court Defines Settling Parties' Rights to CERCLA Contribution and Cost Recovery

By Gabrielle Sigel , Partner, Jenner & Block On December 19, 2012, the U.S. Court of Appeals for the Seventh Circuit issued a panel decision that clarifies the law within that Circuit on issues left unresolved after several U.S. Supreme Court's decisions interpreting certain provisions...

California: Court of Appeal Reverses W.C.A.B. Ruling on Res Judicata

Attention Lexis Online Subscribers: The cites in this article link to lexis.com. The bracketed cites link to Lexis Advance. The 2nd Appellate District has ordered publication of an opinion previously issued as unpublished which provides important clarification of the rights of the California Insurance...

New York: Contractual Indemnity Disallowed When Indemnity Agreement Signed After Worker’s Injury

New York’s workers’ compensation law prohibits a defendant from pursuing an indemnity or contribution action against the employer unless (a) the plaintiff/injured worker sustained a “grave injury” or there is a written indemnity agreement [N.Y. Work. Comp. Law § 11]. Recently...

California Workers' Comp Case Roundup (8/10/2013)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 7 July 2013 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2013 LexisNexis. All rights...

Jenner & Block: Seventh Circuit “Clarifies” Position On CERCLA 113 v. 107 Claims

On July 31, 2013, the Seventh Circuit Court of Appeals issued an Amended Opinion in the case of Bernstein v. Bankert , Nos. 11-1501 and 11-1523. As discussed previously in this blog , the Seventh Circuit's original opinion addressed, among other things, the circumstances in which a plaintiff can...

Supreme Court Declines to Hear Chubb's Appeal on CERCLA Subrogation Suit

New York, NY (January 15, 2014) -- The U.S. Supreme Court declined on January 13 to review a Ninth Circuit opinion affirming the U.S. District Court for the Northern District of California’s dismissal of an insurance company’s subrogation suit under CERCLA (aka Superfund) for recovery of...

U.S. Supreme Court Declines To Review 7th Circuit CERCLA Case

By Allison A. Torrence The U.S. Supreme Court has denied cert in the widely-followed case of Bernstein v. Bankert , No. 13-568, [ enhanced version available to lexis.com subscribers ], declining to review the Seventh Circuit's ruling on the availability of CERCLA cost recovery and contribution...

New York: Employer of Undocumented Alien Still Enjoys Exclusivity in Third-Party Action Claiming Indemnification or Contribution

A New York appellate court recently held that an employer does not forfeit the exclusivity defense in third-party actions for indemnification or contribution filed against it on the basis that the employer hired an undocumented alien. The third-party plaintiff contended that the employer should not be...

Sixth Circuit Weighs in on CERCLA Cost Recovery, Contribution Actions

By Glenn A. Harris The U.S. Court of Appeals for the Sixth Circuit Court recently issued an important opinion, [ enhanced version available to lexis.com subscribers ], related to claims to recover environmental cleanup costs at an Ohio landfill. The court’s ruling in Hobart Corporation, et...

New York: Significant Injury to Hand Does Not Constitute, However, “Grave Injury” Under § 11

In New York, a defendant sued in tort by an injured worker may seek contribution and/or indemnification from the employer if, among other things, the worker sustained a “grave injury” as defined by N.Y. Work. Comp. Law § 11. A state appellate court held that a third-party complaint should...

The “A-C-Ps” of Liability Insurance: Allocation, Contribution, and Proration in the Restatement of the Law of Liability Insurance

By Lorelie S. Masters The American Law Institute (“ALI”) is engaged in producing the Restatement of the Law of Liability Insurance , a work that will be of utmost importance to the insurance industry, to policyholders and consumers, and to insurance coverage practitioners representing...

Compound Medications Not Found Reasonable and Necessary Under ACOEM Guidelines, MTUS: Cal. Comp. Cases April Advanced Postings (4/15/2015)

Here’s the fourth batch of advanced postings for April 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Frontline Medical Associates, Inc.,...

Court Holds That an Insurer was Entitled to Seek Equitable Contribution from Another Insurer for a Portion of Defense and Settlement Costs That it Paid in Connection With Three Underlying Lawsuits Brought Against Their Mutual Insured

Westport Ins. Corp. v. N. Cal. Relief , 2014 U.S. Dist. LEXIS 173676 (N.D. Cal. Dec. 16, 2014), [ enhanced version available to lexis.com subscribers ]. In Westport, the Northern District of California held that the allegations of the underlying complaints were sufficient to potentially trigger the...