Defending HIMP-1 Claims in New York
The Chartwell Chronicles: New Jersey Attorney Fees
The Chartwell Chronicles: New Jersey Caselaw Updates
What's the Tea in L&E? Injury or Disability: What's the Difference?
The Chartwell Chronicles: Understanding the Medicals
The Chartwell Chronicles: Florida Workers' Compensation
LFLM LAW with L.A.W - EPISODE 20 - Legal beginnings - A New Attorney’s Journey
The Chartwell Chronicles: FAQs & Hot Topics
The Chartwell Chronicles: Second Injury Fund
The Chartwell Chronicles: Release & Resignation
LFLM LAW with L.A.W - Are AMEs still the solution with Tanya Johnson, Attorney, San Francisco
Detecting Fraud in New Jersey Workers' Compensation
The Chartwell Chronicles: New Jersey Workers’ Comp Alert
LFLM LAW with L.A.W - Adjuster to Attorney
Risk Transfer, Employer Liability, and Grave Injuries: Who Is Going to Pay?
LFLM LAW with L.A.W - Remote Trials
The Chartwell Chronicles: Expanding Our Conversation
The Chartwell Chronicles: Medical Provider Claims
The Chartwell Chronicles: Total Temporary Disability
A worker was injured when he fell from a ladder while working for a subcontractor at a construction project. The injured worker sued the owner of the project, seeking damages for his injuries. The owner was defended by its...more
The Court of Appeals’ opinion in N.C. Farm Bureau Mut. Ins. Co. v. Young, (No. COA24-594) addresses how a court is likely to assess the duty to defend and the duty to indemnify under an insurance contract, and the interplay...more
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
When a workplace injury occurs at your construction site, the actions you take in the immediate aftermath can significantly impact potential legal consequences, insurance claims, and your business's financial health....more
The insured punched and kicked the Claimant, causing injuries. The Claimant sued the insured alleging that the insured assaulted him, and negligently and recklessly caused his injuries. Nationwide Mutual Fire Insurance...more
Just as the oilfield fuels the modern economy, master service agreements (MSAs) fuel the modern oilfield. But while almost every MSA contains indemnity and insurance clauses, experienced oilfield lawyers will advise their...more
The insured admittedly punched and threw the claimant to the ground, but the insured maintained during her plea for reckless assault in criminal court that the claimant was the aggressor, she acted in self-defense, and that...more
This week appeared to be a busy docket for New York workers’ compensation cases. The 3rd Dept. released four opinions on Thursday May 30, 2024. Read their summaries below. Garofalo v. Verizon CV-23-1298....more
The insureds, a country club and motorcycle group, held an annual motorcycle rally. They were sued by two motorcycle riders who were struck by an automobile as the riders and automobile were entering the premises of the club...more
In the past two years, there have been many interesting and impactful appellate decisions in North Carolina Workers’ Compensation law. Going into 2023, we wanted to flag the following...more
The Pennsylvania Supreme Court recently adopted the “no-coverage exception” in Arlet v. Workers’ Compensation Appeal Board. 2022 WL 529350 (Pa. 2022). As most subrogation professionals are aware, the anti-subrogation rule...more
Register Today For Cranfill Sumner’s 2021 Virtual Continuing Education Seminar: Workers’ Compensation & Civil Litigation Law Updates...more
Coverage under most commercial general liability (CGL) policies applies only to liability arising from an “accident.” As such, injury or damage that an insured “expected or intended” to occur is not covered....more
In Harleysville Preferred Insurance Company v. East Coast Painting & Maintenance, LLC, 2019 U.S. Dist. LEXIS 135295 (D.N.J. Aug. 12, 2019) (East Coast Painting), the U.S. District Court for the District of New Jersey held...more
The defendant, Preferred Contractors Insurance Company Risk Retention Group LLC (PCIC), is a risk retention group charted in Montana and doing business in New York. PCIC issued a CGL policy naming defendant Nadkos Inc. as an...more
This case arose from an accident at the General Motors plant in Kansas City, Kansas, where an electrician employed by Capital Electric Construction Company, Inc. was severely injured due to negligence by Solaris Power...more
Even when a claims administrator approves a claim for disability benefits, its job is not done. That principle was again demonstrated in the recent case Owings v. United of Omaha Life Insurance Co., No. 16-3128 (10th Cir....more
The U.S. Court of Appeals for the Second Circuit has ruled that New York’s anti-subrogation statute, N.Y. Gen. Oblig. Law § 5-335(a), applies both to “offsets” for prospective benefit payments and to reimbursements for prior...more
On June 6, the New York Court of Appeals in Burlington Insurance Co. v. NYC Transit Authority held that where liability is limited to injuries “caused, in whole or in part” by the named insured’s “acts or omissions,” coverage...more
A pair of recent Fifth Circuit cases, In Re Larry Doiron, Inc., 849 F.3d 602 (5th Cir. Feb. 23, 2017, rev’d Mar. 7, 2017) and Richard v. Anadarko Petroleum Corp., No. 16-30216 — F.3d —-, 2017 WL 835187 (5th Cir. Mar. 2, 2017)...more
In California, where a primary insurer is found to have unreasonably failed to settle within its policy limits, and a judgment is later entered against their insured in excess of those limits, the primary carrier can be...more
Workers’ compensation statutes impose liability without fault on the employers of men and women who are injured on the job. They also permit employers to recoup the costs they incur from any third parties who actually caused...more
Can an excess carrier go ahead and fund an excess primary limits settlement and then assert a claim for bad faith against the primary insurer who previously refused to accept and fund a prior in-limits policy demand? On...more
The Pennsylvania Supreme Court clarified an important liability insurance issue the other day. Mut. Benefit Ins. Co. v. Politsopoulos, 2015 Pa. LEXIS 1126 (Pa. May 26, 2015) (exclusion for liability for injury to “[a]n...more
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