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June 14, 2024 | National Law Journal

Maryland Appeals Court Rules for Morgan Stanley, Reverses Workers' Comp Claim

The court held there was no evidence that the claimant's infection, even if it resulted from mold exposure, was attributable to his employment as a financial adviser, the appeals court said.
3 minute read
January 25, 2024 | Law.com

VA Court Rules Extended Premises Doctrine Broadens Company Property in Workers' Comp Suit

Affirming the Virginia Workers' Compensation Commission's judgment awarding an United Airlines customer service representative's compensable injury, the court concluded defendant Milly Sullivan fell and injured herself on United's premises, as the incident occurred in sufficient proximity to the terminal.
6 minute read
Horizon Servs., Inc. v. Henry
Publication Date: 2023-09-18
Practice Area: Labor Law
Industry: Insurance
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys:
For plaintiff: H. Garrett Baker, Francis D. Nardo, Elzufon Austin & Mondell, P.A., Wilmington, DE for appellants.
For defendant: Jonathan B. O’Neill, Amanda K. Dobies, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE; William A. Crawford, Franklin & Prokopik, Newark, DE for appellees.
Case number: N21C-10-044

Employer and its workers' compensation insurer could assert a lien against compensation obtained from the employer's underinsured motorist coverage.

August 08, 2023 | Law.com

USAA Allowed to Proceed With Products Liability Suit Alleging Humidity Control Device Under Piano Caused House Fire

In an Aug.1 opinion, Judge Theodore D. Chuang of the U.S. District Court for the District of Maryland denied summary judgment, concluding a genuine issue of material fact still existed regarding whether its product was defective and caused a house fire.
5 minute read
Waters v. Delaware Moving & Storage, Inc.
Publication Date: 2023-07-10
Practice Area: Contracts
Industry: Cargo and Shipping | Construction
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys:
For plaintiff: Andres Gutierrez de Cos, Andres de Cos LLC, Wilmington, DE for plaintiff.
For defendant: William A. Crawford, Franklin & Prokopik, Newark, DE; Lisa M. Grubb, Marhsall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defendants.
Case number: N21C-05-130 MAA

Replacement cost value provision in moving contract limiting company's liability for damage or loss was valid and enforceable where it met statutory requirements, as the law did not require an accurate valuation of property where customer had opportunity to negotiate or state a value.

Horizon Serv., Inc. v. Henry
Publication Date: 2022-05-17
Practice Area: Labor Law
Industry: Construction | Insurance
Court: Delaware Superior Court
Judge: Judge Brennan
Attorneys:
For plaintiff: Elissa A. Greenberg, Elzufon Austin & Mondell, PA for plaintiff.
For defendant: Jonathan B. O’Neill, Amanda K. Dobies, Kimmel Carter Roman Peltz & O’Neill, PA; William A. Crawford, Franklin & Prokopik for defendants.
Case number: D69815

Employer's workers' compensation insurer was not entitled to assert a lien on any underinsured motorist coverage recovery obtained by an injured worker from the employer's auto insurer, where the Workers' Compensation Act only permitted reimbursement from a third-party tortfeasor or their insurer.

Commerce Assoc., LP v. Hanover Ins. Co.
Publication Date: 2022-03-08
Practice Area: Insurance Litigation
Industry: Insurance | Real Estate
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys:
For plaintiff: Paul D. Sunshine, Reger Rizzo & Darnell, LLP, Wilmington, DE; James L.Griffith, Jr., Reger Rizzo & Darnell, LLP, Philadelphia, PA for plaintiff.
For defendant: William A. Crawford, Franklin & Prokopik, Newark, DE for defendant.
Case number: D69735

The court held that plaintiff LP was an insured under the policy entered into by the condominium council because a director of the LP was a member of the council.

Henry v. The Cincinnati Ins. Co.
Publication Date: 2021-05-05
Practice Area: Insurance Law
Industry:
Court: Delaware Superior Court
Judge: Judge Rocanelli
Attorneys:
For plaintiff: Elisa A. Greenberg, Austin & Mondell, P.A. for Horizon Services, Inc. and Eastern Alliance Ins. Co. Jona-than B. O’Neill, Kimmel, Carter, Roman, Peltz & O’Neill, P.A. for plaintiffs.
For defendant: William A. Crawford, Franklin & Prokopik for defendant The Cincinnati Ins Co. Patrick G. Rock, Heckler & Fabrizzio for defendant State Farm Mutual Auto. Ins. Co.
Case number: D69388

The court denied a motion to intervene by a workers' compensation carrier because it did not have a right to assert its lien against plaintiff's underinsured motorist benefits.

Holben v. Pepsi Bottling Ventures, LLC
Publication Date: 2019-11-20
Practice Area: Fee Disputes
Industry: Food and Beverage | Manufacturing
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys:
For plaintiff: Walt F. Schmittinger and Candace E. Holmes, Schmittinger & Rodriguez, P.A., Dover, DE, for appellant.
For defendant: Robert S. Hunt, Franklin & Prokopik, Wilmington, DE, attorney for appellee.
Case number: D68774

The Industrial Accident Board erred in awarding attorneys' fees that exceeded 30 percent of the amount on an "issue" in which a claimant obtained a recovery greater than that offered by the employer prior to hearing.

Henry v. Cincinnati Ins. Co.
Publication Date: 2019-06-26
Practice Area: Insurance Litigation
Industry:
Court: Delaware Supreme Court
Judge: Justice Vaughn
Attorneys:
For plaintiff: Jonathan B. O'Neill and Jennifer D. Donnelly, Kimmel, Carter, Roman, Peltz & O'Neill, P.A., Christiana, DE for plaintiff Henry.
For defendant: Francis J. Jones, Jr. and Wilson A. Gualpa, Morris James LLP, Georgetown, DE for plaintiff Fritz. Krista E. Shevlin and William A. Crawford, Franklin & Prokopik, Newark, DE for defendant.
Case number: D68610

The exclusivity provision of the Workers' Compensation Act did not prevent an employee who received workers' compensation benefits from also receiving underinsured motorist benefits under an employer's automobile liability policy which was purchased from a third-party insurance company.

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