News & Analysis as of

Policy Terms Workers' Compensation Claim

Carlton Fields

Texas Appeals Court Finds Project Owner Excluded From Coverage as Claimants’ Statutory Employer

Carlton Fields on

On April 3, 2025, a Texas state appeals court reversed a trial court order awarding Exxon Mobil $25 million under an umbrella insurance policy issued by Lexington Insurance Co. to Brock Services Ltd. The appeals court found...more

Marshall Dennehey

A Double Take: Workers’ Compensation Liens Render UIM Non-Duplication Clauses Unenforceable

Marshall Dennehey on

Key Points: Delaware Superior Court permits injured plaintiffs-employees to board medical bills and lost wages already paid by the workers’ compensation carrier in subsequent UIM claim related to the same incident, despite a...more

Gray Reed

Using Evidence to Fill Gaps in Pleadings Silent on Important Coverage Facts

Gray Reed on

A decision out of the United States District Court for the Southern District of Texas showcases the practical challenge in the relationship between workers’ compensation and the pleading standards required to trigger...more

Marshall Dennehey

NJ Supreme Court Affirms Dismissal of Third-party Complaint Against Insurer. Negligence, Gross Negligence, Recklessness Claims Are...

Marshall Dennehey on

Rodrigues v. Shelbourne Spring, LLC, No. A-39-23 (December 12, 2024) - In a unanimous decision, the New Jersey Supreme Court found Hartford Underwriters Insurance Company had no duty to defend the employer, SIR Electric LLC....more

Morris James LLP

Subrogation and UIM Claims: Unpacking the Recent Henry and Manz Decisions

Morris James LLP on

The Delaware Supreme Court's decisions in Henry I and Henry II have had a significant impact on workers’ compensation claims involving underinsured motorist (UIM) benefits. Here, we break down the complex issues surrounding...more

Woodruff Sawyer

How Your Experience Modification Rate Impacts Your Insurance Premiums and Business

Woodruff Sawyer on

Your business’s experience modification rating (ex-mod) directly translates to premium dollars, and risk managers and executives could benefit from a basic understanding of how ex-mods are calculated. The ex-mod reflects an...more

Woodruff Sawyer

Insurance Rates for the Technology Industry: 2022 Trend Report

Woodruff Sawyer on

In this report, we identify the emerging trends that are impacting insurance for the tech sector, with a specific review of the property, general liability, and workers’ compensation (WC) coverage areas. The big takeaway?...more

Eversheds Sutherland (US) LLP

COVID-19-related insurance regulatory developments

The COVID-19 pandemic has prompted a significant amount of insurance regulatory activity for both life and property & casualty insurers. This alert summarizes the current state of some of the most notable COVID-19-related...more

Chambliss, Bahner & Stophel, P.C.

Protecting Your Business from Liability for COVID-19 Transmission

As businesses continue to evaluate current operations and how they will modify them as shelter-in-place orders are lifted and employees and customers return, it is important for each business to anticipate potential COVID-19...more

Buchalter

Buchalter Client Alert COVID-19: Opposite Sides of the Table: Restaurants Seek Recovery From Insurers for Business Interruption in...

Buchalter on

As COVID-19 cases have continued to spread across the country resulting in government-issued “shelter in place” orders, few industries have felt the impact as swiftly and deeply as the restaurant industry. Indeed, such...more

Akin Gump Strauss Hauer & Feld LLP

Insurance Coverage Questions In Light of Coronavirus

COVID-19 continues to have an unprecedented effect on business operations throughout the world. While the availability of insurance coverage for pandemic-related losses is still far from certain, it is imperative that...more

Burr & Forman

Burr Alert: Coronavirus (COVID-19) & The Coming Insurance Claims

Burr & Forman on

As the global coronavirus (COVID-19) pandemic accelerates, so too are the attendant disruptions businesses face, from workplace closures to supply chain disruptions and severe travel restrictions. As a result of these...more

Morgan Lewis

Maximizing Insurance Assets for Business Losses Relating to Coronavirus (COVID-19)

Morgan Lewis on

With significant business disruptions occurring as a result of coronavirus (COVID-19), companies should consider how insurance coverage, including business interruption, supply chain, and event cancellation coverage, can help...more

Pillsbury - Policyholder Pulse blog

Coronavirus Update – Are You Covered?

In January, we were among the first to post on the insurance implications of coronavirus. Since then, the epidemic has landed on our shores, dragged down the stock market, and become a political football. It has affected...more

Jones Day

Time for a Policy Checkup: Maximizing Insurance Coverage for Coronavirus Losses

Jones Day on

The Situation: Declared a global health emergency by the World Health Organization, and with more than 17,000 cases already confirmed worldwide, preliminary estimates indicate that the latest coronavirus outbreak may not peak...more

Carlton Fields

Look No Further Than the Insuring Clause: Ill-Gotten Gains Do Not Constitute Covered “Loss”

Carlton Fields on

On August 26, 2019, the Eleventh Circuit Court of Appeals, applying Florida Law, held that ill-gotten gains do not constitute covered “loss” within the meaning of a D&O policy. In Philadelphia Indemnity Insurance Co. v. Sabal...more

Gray Reed

Texas Supreme Court Opinion Has Companies Double Checking Contractual Insurance Obligations

Gray Reed on

On February 15, 2019, the Texas Supreme Court issued its opinion in Exxon Mobil Corporation v. The Insurance Company of the State of Pennsylvania (ICSOP) reversing the First Court of Appeals and finding that ICSOP had waived...more

Jaburg Wilk

Arizona Court of Appeals Enforces Workers' Comp Exclusion to MedPay Coverage

Jaburg Wilk on

The Holding - In Doneson v. Farmers Ins. Exch., 2018 WL 4781382 (Ariz.App. Oct. 3, 2018), an insurance bad faith case, the Arizona Court of Appeals upheld an exclusion precluding MedPay benefits “if workers’ compensation...more

Carlton Fields

Court Upholds Decision Rendering Insurance Arbitration Provision and Delegation Clause Unenforceable for Failure to File Them with...

Carlton Fields on

In a dispute between Low Desert Empire Pizza (Desert Pizza) and its insurers over alleged mismanagement of claims and unjustifiable cost increases related to a workers’ compensation insurance program, a California appellate...more

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