Ordinance or Law Coverage Endorsement Found Not Applicable Following Ammonia Leak In Piping System
Posted on Jan 21, 2015 in Construction, Litigation | Comments Off on Ordinance or Law Coverage Endorsement Found Not Applicable Following Ammonia Leak In Piping System
An ammonia leak occurred following an incident at a California ice plant when a heavy basket containing water fell that led to a rupture in the plant’s piping. The owner of the plant made an insurance claim on its general commercial liability insurance policy and the insurer and the owner disputed the amount of available coverage. Specifically, the insurer contended that the...
Understand Privilege Issues Before Relying On “Advice Of Counsel” Defense
Posted on Jan 19, 2015 in Investigations, Litigation | Comments Off on Understand Privilege Issues Before Relying On “Advice Of Counsel” Defense
An insurance company hired a claims adjuster to investigate an insured’s claim and the adjuster estimated the net claim to be only $1,081. The insurance company paid that amount, but after the insured later learned that its damages could be closer to $1 million, the insured brought suit against the insurance company and the adjuster, including for claims of extra-contractual and...
Time To Review Any Independent Contractor Relationships In New Jersey
Posted on Jan 16, 2015 in Construction, Litigation | Comments Off on Time To Review Any Independent Contractor Relationships In New Jersey
On Wednesday, the Supreme Court of New Jersey articulated the test to be used in determining whether a worker is an independent contractor or employee for purposes of the state’s Wage Payment Law and Wage and Hour Law. Any company that contracts with independent contractors in New Jersey should take note of the decision, which found that the test for resolving wage payment and wage and...
Settling Before Trial Costs Shipbuilder In Insurance Coverage Dispute In Eleventh Circuit
Posted on Jan 11, 2015 in Construction, Litigation | Comments Off on Settling Before Trial Costs Shipbuilder In Insurance Coverage Dispute In Eleventh Circuit
In 2002, the crew of a passenger vessel was preparing for an extended lay-up period when the Captain cut the ship’s power to disconnect from its battery terminals and became trapped in the forward bulkhead door in a position that prevented rescuers from accessing the door’s emergency release mechanism. The Captain died in the incident and his estate brought a wrongful...
Florida Supreme Court Clarifies Ambiguities In State’s Workers’ Compensation Law
Posted on Jan 2, 2015 in Litigation | Comments Off on Florida Supreme Court Clarifies Ambiguities In State’s Workers’ Compensation Law
The Supreme Court of Florida clarified the scope of the state’s workers’ compensation law holding that: (1) a workers’ compensation exclusion provision in an employer liability policy operates to bar coverage of tort claims arising out of the same underlying incident; and (2) a release in a workers’ compensation settlement may prohibit an estate from collecting a tort judgment on the...
New Jersey Federal Court Dismisses Worker’s Suit Against Employer For Chemical-Related Injuries
Posted on Dec 19, 2014 in Construction, Litigation | Comments Off on New Jersey Federal Court Dismisses Worker’s Suit Against Employer For Chemical-Related Injuries
Following chemical and thermal burns from exposure to hazardous chemicals when a tank trailer released the chemical due to “faulty valves,” a worker brought suit against his employer and multiple fellow employees under an intentional wrong theory. This week, the U.S. District Court for the District of New Jersey dismissed the case for failure to state claims upon which...
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