Tag Archives: insurance

Florida Court: No Coverage Where Policy Procured After Worker’s Injury Took Place

Agent Scurries to Get Coverage After Workplace Accident Where, following a workplace accident causing injury to an employee, the uninsured employer called its insurance broker regarding the expected workers’ compensation claim and the broker scrambled to obtain a policy from … Continue reading

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Texas Insurer Barred from Going After Third-Party Settlement Proceeds

Where 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 prevents the carrier from recovering from the injured employee, once … Continue reading

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Is the Wall Strong Enough?

Recent Air Ambulance Decisions Hint that McCarran-Ferguson Insurance Barrier to Federal Involvement in Workers’ Comp May Be Decaying Two recent court decisions, one from Texas [PHI Air Med., LLC v. Tex. Mut. Ins. Co., 2018 Tex. App. LEXIS 849 (3rd … Continue reading

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SC Workers’ Comp Insurance Policy Procured After Injury is Void

Where owners of a roofing business rushed to an insurance agent and procured a workers’ compensation insurance policy just after an employee was taken to a hospital for treatment of serious injuries sustained in a work-related incident, the policy was … Continue reading

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Ouch!: Live-in New York Domestic Worker’s Cut Finger Results in $86,000 Penalty To Employing Husband and Wife

In Matter of Castillo v Brown, 2017 N.Y. App. Div. LEXIS 4839 (June 15, 2017), a New York appellate court affirmed the imposition of an $86,000 penalty against a husband and wife who employed a live-in domestic to perform housekeeping and … Continue reading

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$841,200 Fine Against Small Colorado Employer Was Unconstitutionally Excessive

While upholding the facial constitutionality of Colo. Rev. Stat. § 8–43–409, which provides for the imposition of fines against certain employers that fail to maintain workers’ compensation insurance, a Colorado appellate court nevertheless found that the imposition of a fine … Continue reading

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Mississippi Executive’s Survivors Awarded Death Benefits in Spite of His Decision Not to Secure Required Coverage for Firm

The affirmative decision by the managing partner and president of a CPA firm not to secure workers’ compensation coverage for the firm, in spite of the fact that the firm had at least five employees and was obligated to secure … Continue reading

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Tennessee: Appellate Court Says Compensation Paid to Independent Contractors Should Have Been Considered in Computing Insured’s Comp Premiums

A Tennessee Department of Commerce and Insurance ruling–later upheld by a state trial court–that a company was not liable for additional workers’ compensation insurance premiums related to the earnings of various physical therapists, with whom it had contracted, on the … Continue reading

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Illinois: Excess Coverage Policies Enjoy Same Exclusion From Guaranty Fund “Cap” on Payment as Primary Coverage Policies

Like every other state, Illinois has established an insolvent insurance fund–the Illinois Insurance Guaranty Fund–that steps in, under appropriate circumstances, to pay claims when an insurance company authorized to transact business in state becomes insolvent and is unable to pay … Continue reading

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