Primary or excess: Who’s on first? Russell Brenner was injured on the Milwaukee World Festival (MWF) premises while working for Hunzinger Construction Company. At the time of the injury, MWF was insured under a policy with National Casualty Company. Hunzinger had a policy with Amerisure Insurance Company, and MWF was an additional insured on that policy pursuant to a contractors blanket additional insured endorsement. Brenner filed a personal injury suit,
Court Decisions
How low can you go? On March 13, 2017, Gregory Jackson was a passenger in a Jefferson Parish Water Department work truck that was parked near an intersection. Matthew Drachenburg was driving his vehicle and sideswiped the parked truck in which Jackson was sitting. There was minimal if any damage to the vehicles involved in the accident.State Farm Fire and Casualty Company insured Drachenburg. After the accident, on March 17,
Railway, hoist, or dock? Global Ship Systems owned a shipyard in Savannah, Georgia. The shipyard used a marine railway to transport vessels into and out of the water. The railway consisted of: “(a) a set of parallel railway tracks mounted on a concreted bedplate, which are approximately 350 feet in length and on a 16-degree incline that runs into the Savannah River; (b) a cradle (flatbed) that rides on rollers
Uber and under On September 17, 2016, while driving for Uber, Lisa Jean was involved in a motor vehicle accident when a vehicle driven by Ty Cao pulled out from a parking spot and struck her vehicle. After settling her claims against Cao through his insurer for the policy limits, Jean filed a claim for underinsured motorist benefits (UIM) under a policy provided by James River Insurance Company. James River
Can comp insurer suspend death benefits? In October 2000, Manny Garcia, an employee of Alamito Construction Company, suffered a fatal on-the-job injury. After his death, Alamito’s workers compensation carrier, Texas Mutual Insurance Company, began paying death benefits to Garcia’s widow and then-minor child. Later the Garcias (including Manny’s two adult sons who were not entitled to death benefits from Texas Mutual) filed a third-party action against Hansen Construction Company, alleging
