LexisNexis® Legal Newsroom
Mealey's Insurance - Reinsurer Asserts Class Action Counterclaim Against Workers' Comp Insurer

LINCOLN, Neb. - In a dispute over whether a reinsurer owes $152,616.35 under a promissory note executed pursuant to a reinsurance participation agreement (RPA), the reinsurer filed a counterclaim on Feb. 2 in the Nebraska federal court, alleging that an insurer fraudulently charged employer-insureds inflated premiums and costs for workers' compensation insurance (Applied Underwriters Inc. v. Top's Personnel Inc., No. 15-90, D. Neb.).

Mealey's Insurance - Florida High Court Ends Workers' Comp Suit Review Against Insolvent Insurer

TALLAHASSEE, Fla. - The Florida Supreme Court on Dec. 29 approved the voluntary dismissal of a review in a workers' compensation lawsuit filed by an employer and its insolvent insurer against a claimant (Laura Stewart v. Florida Workers' Compensation Insurance Guaranty Association, et al., No. SC17-1757, Fla. Sup., 2017 Fla. LEXIS 2568).

Mealey's Insurance - Magistrate Judge Confirms Arbitration Award To Workers' Comp Insurer

SAN FRANCISCO - In a dispute regarding a reinsurance participation agreement (RPA), a California federal magistrate judge on Dec. 28 confirmed an arbitration award, ordering an insured to pay $539,246.88 to an insurer in remaining premium payments for the workers' compensation coverage (American ETC, Inc. v. Applied Underwriters Captive Risk Assurance Company Inc., No. 17-03660, N.D. Calif., 2017 U.S. Dist. LEXIS 212811).

Mealey's PI/Product Liability - Asbestos Plaintiff Says County's Workers' Comp Brief Untimely, Unconvincing

HOUSTON - A Texas county's post-argument submission is improper and fails to prove that it provided workers' compensation benefits for a judge employed in its courthouse, a woman pursuing an asbestos action on behalf of the former judge told a Texas appeals court on Nov. 22 (Jefferson County, Texas v. Ellarene Farris, et al., No. 01-17-00493-CV, Texas App., 1st Dist.).

Mealey's Litigation Procedure - Asbestos Plaintiff Says County's Workers' Comp Brief Untimely, Unconvincing

HOUSTON - A Texas county's post-argument submission is improper and fails to prove that it provided workers' compensation benefits for a judge employed in its courthouse, a woman pursuing an asbestos action on behalf of the former judge told a Texas appeals court on Nov. 22 (Jefferson County, Texas v. Ellarene Farris, et al., No. 01-17-00493-CV, Texas App., 1st Dist.).

Mealey's Toxic Tort/Environmental - Asbestos Plaintiff Says County's Workers' Comp Brief Untimely, Unconvincing

HOUSTON - A Texas county's post-argument submission is improper and fails to prove that it provided workers' compensation benefits for a judge employed in its courthouse, a woman pursuing an asbestos action on behalf of the former judge told a Texas appeals court on Nov. 22 (Jefferson County, Texas v. Ellarene Farris, et al., No. 01-17-00493-CV, Texas App., 1st Dist.).

Mealey's PI/Product Liability - County Tells Texas Court Deceased Judge's Asbestos Case Barred By Workers' Comp

HOUSTON - A resolution extending benefits to optional employees is valid and places an asbestos case brought on behalf of a former judge under the exclusivity provision of the workers' compensation system, a government entity told a Texas appeals court on Nov. 15 (Jefferson County, Texas v. Ellarene Farris, et al., No. 01-17-00493-CV, Texas App., 1st Dist.).

Mealey's Toxic Tort/Environmental - County Tells Texas Court Deceased Judge's Asbestos Case Barred By Workers' Comp

HOUSTON - A resolution extending benefits to optional employees is valid and places an asbestos case brought on behalf of a former judge under the exclusivity provision of the workers' compensation system, a government entity told a Texas appeals court on Nov. 15 (Jefferson County, Texas v. Ellarene Farris, et al., No. 01-17-00493-CV, Texas App., 1st Dist.).

Mealey's Toxic Tort/Environmental - Judge Finds Workers' Comp Law Bars Claims Against Premises Owner

WILMINGTON, Del. - A man employed by third parties at a chemical plant and whose work was controlled by those parties has no negligence claim against the premises owner, a Delaware judge held Oct. 26 (Jeffrey A. Warner v. Covestro LLC, et al., No. N15C-02-060 ASB, Del. Super., New Castle Co.).

Mealey's Litigation Procedure - Workers' Comp Insurer Offers Discovery Plan In Suit With Insolvent Insurer

ATLANTA - A workers' compensation insurer proposes a stipulated discovery plan and scheduling order on Oct. 9 with the Georgia federal court in a dispute over whether its policies insured certain staffing companies for claims also tendered to an insolvent insurer (Georgia Insurers Insolvency Pool v. Sussex Insurance Co., No. 16-03975, N.D. Ga.).

Mealey's Insurance - Workers' Comp Insurer Offers Discovery Plan In Suit With Insolvent Insurer

ATLANTA - A workers' compensation insurer proposes a stipulated discovery plan and scheduling order on Oct. 9 with the Georgia federal court in a dispute over whether its policies insured certain staffing companies for claims also tendered to an insolvent insurer (Georgia Insurers Insolvency Pool v. Sussex Insurance Co., No. 16-03975, N.D. Ga.).

Mealey's Insurance - CIGA Appeals Judgment On Reimbursement Sought Against It For Workers' Comp Claims

LOS ANGELES - The California Insurance Guarantee Association (CIGA) on Oct. 9 cross-appealed to the Ninth Circuit U.S. Court of Appeals challenging a ruling vacating and setting aside reimbursement demands made to it under workers' compensation insurance policies (California Insurance Guarantee Association v. Don J. Wright, et al., No. 15-01113, C.D. Calif.).

Mealey's PI/Product Liability - Judge Finds Allegations Don't Put Asbestos Case Outside Workers' Comp Laws

ASHEVILLE, N.C. - Merely knowing of the presence of asbestos and its hazards is not enough to escape the state's workers' compensation exclusivity provision, a federal judge in North Carolina held Sept. 29 (Howard Milton Moore Jr., et al. v. Alcatel-Lucent USA Inc., et al., No. 16-157, W.D. N.C., 2017 U.S. Dist. LEXIS 162517).

Mealey's Toxic Tort/Environmental - Judge Finds Allegations Don't Put Asbestos Case Outside Workers' Comp Laws

ASHEVILLE, N.C. - Merely knowing of the presence of asbestos and its hazards is not enough to escape the state's workers' compensation exclusivity provision, a federal judge in North Carolina held Sept. 29 (Howard Milton Moore Jr., et al. v. Alcatel-Lucent USA Inc., et al., No. 16-157, W.D. N.C., 2017 U.S. Dist. LEXIS 162517).

Mealey's Insurance - Federal Judge Denies Limiting Discovery In Workers' Comp Suit With Insolvent Insurer

ATLANTA - In a dispute over whether workers' compensation policies insured certain staffing companies for claims also tendered to an insolvent insurer, a Georgia federal judge on Sept. 20 denied a proposed case management approach for limited discovery (Georgia Insurers Insolvency Pool v. Sussex Insurance Co., No. 16-cv-03975, N.D. Ga.).

Mealey's Insurance - Judge Issues Order On Sealing Docs In Workers' Comp Insurer, Insolvent Insurer Dispute

ATLANTA - In a dispute over whether workers' compensation policies insured certain staffing companies for claims also tendered to an insolvent insurer, a Georgia federal judge issued a protective order on Aug. 28 on the procedures for sealing confidential materials (Georgia Insurers Insolvency Pool v. Sussex Insurance Co., No. 16-3975, N.D. Ga.).

Mealey's Insurance - Panel: CIGA Has Duty To Reimburse For Workers' Comp Excess Coverage

SACRAMENTO, Calif. - The California Insurance Guarantee Association (CIGA) breached its statutory duty to reimburse a joint powers authority for excess workers' compensation coverage owed under an insolvent insurer's policy, a California appeals panel affirmed July 17 (CSAC Excess Insurance Authority v. California Insurance Guarantee Association, No. C081775, Calif. App., 3rd Dist., 2017 Cal. App. Unpub. LEXIS 4854).

Mealey's Insurance - Judge Orders Parties To Arbitrate Reinsurance Suit Over Workers' Comp Risks

NEW YORK - In a dispute regarding reinsurance of workers' compensation risks, a New York federal judge on June 8 ordered the parties to arbitration, noting that it "is entirely speculative" whether an arbitrator will rule on the role of a group of companies as real parties in interest (In the matter of the arbitration between National Union Fire Insurance Company of Pittsburgh, PA v. Federal Insurance Co., No. 16-CV-8821, S.D. N.Y., 2017 U.S. Dist. LEXIS 88470).

Mealey's PI/Product Liability - Court Affirms Workers' Comp Award Involving Asbestos, Bladder Cancer

HARRISBURG, Pa. - While not uncontested, enough evidence supports a law judge's conclusion that an employee was both exposed to asbestos and other chemicals within the compensable period for a workers' compensation claim and that the exposure was significant enough to cause bladder cancer, a Pennsylvania appeals court held May 4 (Kimberly Clark Corp. v. Workers' Compensation Appeal Board, No. 656 C.D. 2016, Pa. Cmwlth., 2017 Pa. Commw. LEXIS 175).

Mealey's Labor & Employment - Court Affirms Workers' Comp Award Involving Asbestos, Bladder Cancer

HARRISBURG, Pa. - While not uncontested, enough evidence supports a law judge's conclusion that an employee was both exposed to asbestos and other chemicals within the compensable period for a workers' compensation claim and that the exposure was significant enough to cause bladder cancer, a Pennsylvania appeals court held May 4 (Kimberly Clark Corp. v. Workers' Compensation Appeal Board, No. 656 C.D. 2016, Pa. Cmwlth., 2017 Pa. Commw. LEXIS 175).

Mealey's Toxic Tort/Environmental - Court Affirms Workers' Comp Award Involving Asbestos, Bladder Cancer

HARRISBURG, Pa. - While not uncontested, enough evidence supports a law judge's conclusion that an employee was both exposed to asbestos and other chemicals within the compensable period for a workers' compensation claim and that the exposure was significant enough to cause bladder cancer, a Pennsylvania appeals court held May 4 (Kimberly Clark Corp. v. Workers' Compensation Appeal Board, No. 656 C.D. 2016, Pa. Cmwlth., 2017 Pa. Commw. LEXIS 175).

Mealey's PI/Product Liability - Divided Arkansas High Court: Workers' Comp Exclusivity Bars Asbestos Tort Action

LITTLE ROCK, Ark. - Because the state's workers' compensation system contemplates coverage for mesothelioma, the law's exclusivity provision bars a tort action against an employer, even where the disease arose outside the period for filing a claim, the Arkansas Supreme Court held Dec. 15 in a 4-3 opinion (Brenda Hendrix, et al. v. Alcoa Inc., No. CV-15-558, Ark. Sup.).

Mealey's Toxic Tort/Environmental - Divided Arkansas High Court: Workers' Comp Exclusivity Bars Asbestos Tort Action

LITTLE ROCK, Ark. - Because the state's workers' compensation system contemplates coverage for mesothelioma, the law's exclusivity provision bars a tort action against an employer, even where the disease arose outside the period for filing a claim, the Arkansas Supreme Court held Dec. 15 in a 4-3 opinion (Brenda Hendrix, et al. v. Alcoa Inc., No. CV-15-558, Ark. Sup.).

Mealey's PI/Product Liability - Connecticut Top Court Finds Workers' Comp Court Can Reinstate Dismissed Claims

NEW HAVEN, Conn. - The complexity of asbestos cases requires that the workers' compensation commissioner have the power to grant provisional dismissals to "clear the room" and then reinstate claims as necessary, Connecticut's top court held in an opinion set for release on Dec. 20 (John Graham, et al. v. Olson Wood Associates Inc., et al., No. SC 19626, Conn. Sup.; 2016 Conn. LEXIS 371).

Mealey's Toxic Tort/Environmental - Connecticut Top Court Finds Workers' Comp Court Can Reinstate Dismissed Claims

NEW HAVEN, Conn. - The complexity of asbestos cases requires that the workers' compensation commissioner have the power to grant provisional dismissals to "clear the room" and then reinstate claims as necessary, Connecticut's top court held in an opinion set for release on Dec. 20 (John Graham, et al. v. Olson Wood Associates Inc., et al., No. SC 19626, Conn. Sup.; 2016 Conn. LEXIS 371).