A New York appellate court affirmed a trial court’s decision denying that portion of an employer/third-party defendant’s motion seeking dismissal of a contractual indemnification claim filed against it by a...
NY Court Examines Applicability of Back-Dated Indemnification Agreement NY Court Examines Applicability of Back-Dated Indemnification AgreementIn relevant part, N.Y. Workers’ Comp. Law § 11 prohibits third-party claims for indemnification and contribution against an employer unless the injured employee has sustained a “grave injury” as defined...
Uninsured NY Employer May Not Use “Grave Injury” Statute to Defend 3rd-Party Indemnity Claim Uninsured NY Employer May Not Use “Grave Injury” Statute to Defend 3rd-Party Indemnity ClaimYesterday, an Arkansas appellate court affirmed a finding by a county circuit court that held the Uniform Contribution Among Tortfeasors Act, as amended and codified at Ark. Code Ann. §§...
No Apportionment of Fault Allowed against Arkansas Employer No Apportionment of Fault Allowed against Arkansas EmployerThe 2003 amendment to Minn. Stat. § 604.02, subd. 1, did not overturn a line of Minnesota decisions that had concluded that an employer and a third-party tortfeasor were not...
MN High Court Stands Firm: Employer and Third-Party are NOT “Severally Liable” for Employee's Injuries MN High Court Stands Firm: Employer and Third-Party are NOT “Severally Liable” for Employee's InjuriesWhere a worker’s compensation insurance policy contained a clause in which the carrier waived its right to recover from any third party sued by the injured employee, that clause also...
Texas Insurer Barred from Going After Third-Party Settlement Proceeds Texas Insurer Barred from Going After Third-Party Settlement ProceedsAnswering a question certified to it by the U.S. Court of Appeals (2nd Circuit), the Court of Appeals of New York, in Isabella v. Koubek, 2014 N.Y. LEXIS 569 (Mar....
New York: Vehicle Owner Shielded from Contribution By Exclusive Remedy Defense New York: Vehicle Owner Shielded from Contribution By Exclusive Remedy DefenseN.Y. Work. Comp. Law § 11 bars third-party lawsuits for contribution and indemnification against an injured employee’s employer unless either (a) the employee suffered a “grave injury,” limited to death...
NY: Employer Does Not Lose Exclusivity Defense in Contribution/Indemnification Case Because Employee was Undocumented Alien NY: Employer Does Not Lose Exclusivity Defense in Contribution/Indemnification Case Because Employee was Undocumented AlienIn spite of the fact that the Federal Immigration Reform and Control Act of 1986 (IRCA) makes it unlawful to knowingly hire undocumented (illegal) aliens [see 8 U.S.C.S. § 1324a],...
New York: By Hiring Illegal Alien, Employer Did Not Give Up Protection Against Third-Party Claims for Contribution and/or Indemnification New York: By Hiring Illegal Alien, Employer Did Not Give Up Protection Against Third-Party Claims for Contribution and/or Indemnification