68 results for 'cat:"Employment" AND cat:"Insurance"'.
J. Klappenbach finds the board of review improperly found the unemployment benefits recipient was disqualified from receiving benefits because she refused to accept an offer of work. The recipient applied for benefits after being laid off from Family Dollar. She was the only witness, denying she was offered a job, saying she had gone to an interview to discover the job she interviewed for was not the for which she had applied. Substantial evidence does not support the board's decision. Reversed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: May 1, 2024, Case #: E-23-135, Categories: employment, Evidence, insurance
J. Pepper grants the insurance company's motion to intervene, bifurcate and stay in a lawsuit against the mechanical contractor from an employee claiming she was not paid any overtime wages. As the contractor's commercial insurer, the insurance company will be allowed to intervene in the lawsuit and bifurcate its issues of coverage from the merits of the case. Because it properly balances potential prejudices against the company and the employee, proceedings in the lawsuit are stayed until the insurance coverage issues are resolved.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: April 30, 2024, Case #: 2:24cv38, NOS: Fair Labor Standards Act - Labor, Categories: employment, insurance, Labor
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J. Traum grants the insurer's motion for summary judgment. The driver's personal insurer brings this claim against the insurer of his company seeking equitable indemnity or subrogation for a payment of uninsured motorist coverage benefits. The driver incurred more than $1 million in injuries while driving for a company insured by the accused insurer. The driver's personal insurer seeks to recover the $250,000 it paid under the policy limit. The insurers had a sufficient relationship to permit equitable relief. The driver's insurer's prompt resolution of claims further supports finding the accused insurer should indemnify.
Court: USDC Nevada, Judge: Traum , Filed On: March 22, 2024, Case #: 2:22cv1133, NOS: Insurance - Contract, Categories: employment, insurance, Indemnification
J. Gilbert rules an insurance company has a duty to defend a trusses service company on behalf of an employee, who may have prematurely released the truss's crane, which resulted in its collapse. The truss company sufficiently showed in court that the insurer is obligated to provide coverage for attached machinery to the employee's truck, which is not considered an "auto."
Court: USDC Southern District of Illinois, Judge: Gilbert, Filed On: March 19, 2024, Case #: 3:21cv497, NOS: Insurance - Contract, Categories: employment, insurance, Contract
J. Godbey grants, in part, an insurer's motion for a protective order against discovery requests in an employee's action seeking coverage of a judgment he won against his former employer under the employer's insurance policy. Only two production requests are entitled to protection, as they seek information pertaining to coverage of unrelated third parties.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: March 4, 2024, Case #: 3:23cv769, NOS: Insurance - Contract, Categories: employment, insurance, Discovery
J. Melgren grants a former employee's motion for summary judgment concerning an insurance company's denial of disability benefits under ERISA. The former employee, who developed a serious back pain condition at work, sufficiently showed in court that he was disabled while under the plan before he lost his job.
Court: USDC Kansas, Judge: Melgren, Filed On: February 14, 2024, Case #: 2:23cv2054, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: employment, Erisa, insurance
J. Smith finds a lower court properly denied an applicant's claim for disability insurance benefits. The applicant argued that he is entitled to relief based on his deep vein thrombosis in his hip and lumber spine issues. However, the social security administration presented sufficient evidence in court that he could take a role as a document preparer and surveillance system monitor, based on a physicians report that he has "full range of neck motion." Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: February 13, 2024, Case #: 22-3126, Categories: employment, insurance
J. Papik finds the district court properly upheld the department of labor appeal tribunal's overturning of the grant of unemployment benefits. The volunteer social committee worker failed to keep adequate records of expenditures and spent funds for personal purposes. She was properly disqualified from receiving benefits for the week of the discharge and14 weeks thereafter because she was terminated for work-related misconduct. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: February 9, 2024, Case #: S-23-376, Categories: employment, insurance
J. Barbadoro denies a former employer’s insurer’s motion to dismiss a former employee’s motion for a declaratory judgment compelling the insurer to pay a judgment against her employer for pregnancy discrimination and wrongful termination. The insurer’s arguments — that there is no direct action statute permitting an injured party to proceed directly against a wrongdoer’s insurer in New Hampshire and that the former employee is not a third-party beneficiary of the insurance contract — do not hold merit.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: February 2, 2024, Case #: 1:22cv200, NOS: Insurance - Contract, Categories: employment, insurance, employment Discrimination
J. Shubb finds for a life insurance company on a widow’s ERISA claims arising from the denial of accidental death benefits when her husband, who was employed by a grocery store chain and was learning to fly allegedly store-owned aircraft, died following a fatal crash. The company's policy included an aircraft exclusion that applied to the decedent, as he was considered part of the crew, rather than a passenger, at the time of the accident.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: January 26, 2024, Case #: 2:23cv919, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: employment, Erisa, insurance
J. Barrett finds the board of review improperly affirmed the denial of unemployment benefits to the nurse. The board denied the nurse benefits based on its claim she made false statements on her application. The board merely adopted the appeal tribunal's decision and did not make findings of fact substantially supporting its decision. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 24, 2024, Case #: E-22-557, Categories: employment, insurance, Due Process
J. Grasz finds a lower court properly dismissed a construction company's contract claims against an insurer. The construction company argued that the insurer is obligated to cover damages after one of its drivers crashed a company truck. However, the insurance company sufficiently showed in court that the construction company did not actually hire the driver as an insured employee. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: December 26, 2023, Case #: 23-1043, Categories: employment, insurance, Contract
[Modified.] J. Bendix alters three paragraphs and denies a rehearing with no change in judgment. The trial court erred in dismissing a city's claim that its insurer should have provided indemnification in an underlying employment litigation. The trial court held that the Insurance Code categorically bars coverage in retaliation cases since an insured that retaliates against an employee causes its own loss through a willful act. But not all acts of discipline against employees engaged in protected conduct are willful acts within the meaning of the Insurance Code. Here, the city may have disciplined its employees for refusing to carry out a policy that the city reasonably believed was lawful. Reversed in part.
Court: California Courts Of Appeal, Judge: Bendix, Filed On: December 26, 2023, Case #: B321450, Categories: employment, insurance
J. Zilly denies the employee's motion to amend the judgment for her complaint that the insurance company wrongfully denied her claim for long-term disability benefits under an employee benefit plan. The employee shows a taxable 2015 income of $104,500 but she does not show that this income is solely from her employment, or that it was her base salary without added funds such as bonuses and overtime pay. The insurance company is to calculate the employee's claim for LTD benefits according to the policy, and then it is to pay pre-judgment interest at a 5.46% rate per annum on unpaid LTD benefits from Oct. 6, 2020 until Oct. 6, 2023, the date of judgment.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: December 18, 2023, Case #: 2:21cv1424, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: employment, Erisa, insurance
J. Ceresia finds that a translation/transcription service was properly found to be an employer of linguists liable for unemployment insurance contributions because the company screened the professionals, paid them at set rates, and offered their services to clients. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: December 14, 2023, Case #: 535923, Categories: employment, insurance
J. Reynolds Fitzgerald finds that the unemployment insurance appeal board properly held that a school district employee with two part-time jobs was ineligible for benefits because she was not totally unemployed. The Covid-19 pandemic affected both positions since in-person instruction ceased for a time, but the employee was paid until the end of the school year under the union contract she held under one of the jobs and received a reappointment letter for the next academic year. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: December 14, 2023, Case #: 534616, Categories: employment, insurance
J. Egan finds that the unemployment insurance appeal board properly held that five civil service employees who worked as instructors or supervisors at state prisons did not qualify for benefits during the first pandemic summer in 2020 because their summer work was an optional addition to the academic year, for which they were paid at an annual salary, and thus they were not totally unemployed. Since they were ineligible for benefits under state law, they did not qualify for various federal pandemic unemployment benefits, which had to be repaid. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: December 14, 2023, Case #: CV-22-2052, Categories: employment, insurance
Per curiam, the appellate division finds that the unemployment insurance appeal board properly held that a teacher's aide was disqualified from receiving benefits because he voluntarily left his job without good cause to become a full-time student and earn a bachelor's degree. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 7, 2023, Case #: CV-23-0825, Categories: employment, insurance
J. Bendix finds that the trial court erred in dismissing a city's claim that its insurer should have provided indemnification in an underlying employment litigation. The trial court held that the Insurance Code categorically bars coverage in retaliation cases since an insured that retaliates against an employee causes its own loss through a willful act. But not all acts of discipline against employees engaged in protected conduct are willful acts within the meaning of the Insurance Code. Here, the city may have disciplined its employees for refusing to carry out a policy that the city reasonably believed was lawful. Reversed in part.
Court: California Courts Of Appeal, Judge: Bendix, Filed On: December 6, 2023, Case #: B321450, Categories: employment, insurance