Tag: indemnification

Jun 16, 2021

NY Court Examines Applicability of Back-Dated Indemnification Agreement

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 Agreement
Feb 28, 2020

Uninsured NY Employer May Not Use “Grave Injury” Statute to Defend 3rd-Party Indemnity Claim

In 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 Claim
Jan 30, 2020

No Apportionment of Fault Allowed against Arkansas Employer

Yesterday, 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 Employer
Nov 1, 2019

Fourth Circuit Says Injured Worker May Proceed Against Employer’s Auto Liability Policy

Workers’ Compensation Exclusion in Policy Does not Apply. Construing West Virginia law, the Fourth Circuit Court of Appeals held that an injured construction worker could proceed to recover damages under...

Fourth Circuit Says Injured Worker May Proceed Against Employer’s Auto Liability Policy Fourth Circuit Says Injured Worker May Proceed Against Employer’s Auto Liability Policy
Apr 10, 2019

Exclusive Remedy Defense Protects Some Employers In Spite of Express Indemnification Agreement

Landlord Could Not Implead Tenant/Employer In Injured Employee’s Suit Where Employer Was Not Negligent The exclusive remedy provision of the Delaware Workers’ Compensation Act [Del. Code Ann. tit. 19, §...

Exclusive Remedy Defense Protects Some Employers In Spite of Express Indemnification Agreement Exclusive Remedy Defense Protects Some Employers In Spite of Express Indemnification Agreement
Feb 17, 2014

NY: Employer Does Not Lose Exclusivity Defense in Contribution/Indemnification Case Because Employee was Undocumented Alien

N.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 Alien
Oct 3, 2012

New York: By Hiring Illegal Alien, Employer Did Not Give Up Protection Against Third-Party Claims for Contribution and/or Indemnification

In 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