Where Safety Guard Removed, Insurer No Duty To Indemnify Employer For Injured Worker’s Suit
Posted on Nov 29, 2014 in Construction, Litigation | Comments Off on Where Safety Guard Removed, Insurer No Duty To Indemnify Employer For Injured Worker’s Suit
A worker in an Ohio manufacturing plant sustained serious injuries while clearing jammed materials from a machine. At some time prior to the incident, an unknown person at an unknown time bypassed an interlock device on the machine, which would have prevented the incident. The worker brought a lawsuit against his employer alleging claims under Ohio law, including a claim for...
Ammonia Release Causing Plant Shutdown Can Trigger Property Insurance Coverage According To New Jersey Federal Court
Posted on Nov 26, 2014 in Construction, Litigation | Comments Off on Ammonia Release Causing Plant Shutdown Can Trigger Property Insurance Coverage According To New Jersey Federal Court
While a New Jersey company was constructing a new juice packaging plant in Georgia, a release of anhydrous ammonia occurred during the start-up of the plant’s refrigeration system. The release severely burned a contractor’s employee and the plant owner made an insurance claim under a property insurance policy that covered “direct physical loss of or damage to”...
Texas Federal Court Finds Alabama, Not Louisiana Proper Adjacent State Of Offshore Platform In Indemnity Dispute
Posted on Nov 26, 2014 in Energy/Environmental, Litigation, Workplace Safety | Comments Off on Texas Federal Court Finds Alabama, Not Louisiana Proper Adjacent State Of Offshore Platform In Indemnity Dispute
For work on a platform in the Gulf of Mexico, the operator of the platform and a contractor entered a master service contract in which each agreed to indemnify the other for the injuries of their own employees. An employee of the operator was injured on the platform and the worker filed suit against the operator and the contractor in Louisiana federal court. The contractor brought a...
Subcontractor Not On Hook For Faulty LP Detector Following Fatality According To Fifth Circuit
Posted on Nov 25, 2014 in Construction, Litigation | Comments Off on Subcontractor Not On Hook For Faulty LP Detector Following Fatality According To Fifth Circuit
The Fifth Circuit recently decided an insurance-coverage dispute involving a contractor with the Federal Emergency Management Agency in the aftermath of Hurricanes Rita and Katrina and one of that contractor’s subcontractor hired to haul and install FEMA trailers. As part of the contractor-subcontractor agreement, the sub agreed to indemnify the contractor for any injuries...
Separate Product Liability Drug Cases Deemed Removable “Mass Action” By Ninth Circuit
Posted on Nov 23, 2014 in Litigation, Product Liability | Comments Off on Separate Product Liability Drug Cases Deemed Removable “Mass Action” By Ninth Circuit
In a series of cases involving alleged injuries related to the ingestion of propoxyphene, a number of cases were filed against the pharmaceutical companies who held the rights to drugs containing this ingredient before these drugs were removed from the market. In California, more than forty actions had been filed in state court making similar claims, and a group of attorneys...
Employer On Hook For Partial Disability Payments For Injured Worker Even After Discovering Immigration Issue
Posted on Nov 22, 2014 in Construction, Litigation | Comments Off on Employer On Hook For Partial Disability Payments For Injured Worker Even After Discovering Immigration Issue
Following an on-the-job injury for a construction company, a worker received total disability payments from the company. At the request of the company’s workers’ compensation insurance carrier, however, the company determined that the worker was an undocumented worker without a valid social security number. The employer terminated the employment and hired a doctor to...
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