Massachusetts: Where Employer Has Two Comp Carriers, Claim Should Be Apportioned Between Them

Where an employer had two primary workers’ compensation insurance policies providing coverage for the same loss arising from injury to an employee and the employer notified only one of the insurers, who accordingly paid the claim, that insurer had a right of equitable contribution to ensure that the coinsurer paid its fair share of the loss, held the Supreme Judiciary Court of Massachusetts. The employer could not prevent the insurance company that paid the loss from exercising its right of equitable contribution by intentionally giving notice of the injury only to that insurer.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Insurance Co. of St. of Pa. v. Great No. Ins. Co., 473 Mass. 745 (Mar. 7, 2016)

See generally Larson’s Workers’ Compensation Law, § 153.03.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

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