Worker’s Compensation General Business Construction

Read Worker’s Comp updates, news, and legal commentary from leading lawyers and law firms:
News & Analysis as of

Worker’s Compensation Exclusivity Rule Gets “Trumped” by Indemnity Provision

Sorry, I couldn’t help myself with the title. The next case, Aluma Systems Concrete Construction of California v. Nibbi Bros., Inc., California Court of Appeals for the First District, Case No. A145734 (August 16, 2016),...more

Finding coverage for “additional insured,” Third Circuit cautions that “insurer cannot bury its head in the sand”

Executive Summary - Using the “four corners” rule, the U.S. Court of Appeals for the Third Circuit decided in Ramara, Inc. v. Westfield Insurance Co., No. 15-1003 (3d Cir. Feb. 17, 2016), that an insurer owed a garage...more

Maine Supreme Court Addresses Employee Misclassification and Workers’ Compensation Coverage Requirements

In WCB Abuse Investigation Unit v. Nate Holyoke Builders, Inc., 2015 ME 99 (August 4, 2015), a construction company obtained predeterminations of independent contractor status from the WCB for workers classified as...more

Your “Independent Contractor” Clause Just Got a Little Less Relevant

Construction projects are complex, multi-partied, multi-disciplinary endeavors, in which subcontracting all or a portion of the work to be performed is not uncommon. When subcontracting work, parties usually make it...more

Construction Case Law Update - December, 2014

FLORIDA STATE CASES - Employer Liability Policies & Worker’s Compensation – Although decedent-employee’s estate had standing as a judgment creditor to sue the tortfeasor-employer’s liability insurer for breach of...more

Construction Case Law Update - September #2 2014

FLORIDA FEDERAL CASES - - Contribution, Equitable Subrogation, and Breach of Contract – Insurer adequately alleged elements of contribution, equitable subrogation, and breach of contract claims in construction defect...more

California Insurance Laws Enacted in 2013

October 13, 2013 was the deadline for Governor Jerry Brown to act on bills passed by the California Legislature this year. Here are summaries of noteworthy insurance-related bills which Governor Brown signed into law. Unless...more

Indemnity Clauses, Anti-Indemnity Legislation and Additional Insureds

Indemnity Clauses and Anti-Indemnity Legislation - I. Purpose and Enforceability of Indemnity Clauses - Indemnification is an equitable doctrine that attempts to shift the burden of a judgment from one party...more

The 2011 Texas Legislature Tightens Indemnity Rights and Changes Mechanic's Lien Perfection Requirements

The 82nd Regular Session of the Texas Legislature dealt with many issues related to construction projects in Texas, including sustainable design building standards for state buildings, lien waiver form requirements, and the...more

Workers' Comp: CGL vs. Workers’ Comp 1B - Coverage In Construction Cases

The question as to the applicability of CGL and/or 1B Coverage in any given case remains a fertile ground for dispute. The 1B Coverage generally provides liability coverage for bodily injury sustained by an employee,...more

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