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November 2008 Archives

November 10, 2008

Court of Appeals Requires Separate Notice to Liability Carrier Even When Notice Properly Given to Workers' Compensation Carrier, Even When They Are the Same Company.

On October 21, 2008 the Court of Appeals decided the case of Sorbara Construction Corporation v. AIU Insurance Company. In this case the court ruled that notice to Sobrara’s workers' compensation carrier is not sufficient to serve as notice of a potential claim to its liability carrier, even when the workers' compensation carrier and the liability carrier is the same insurance company. The Court was of the opinion that each policy requires a separate notice to the appropriate part of the insurance company. The result of this is that Court of Appeal upheld the liability carrier’s disclaimer of responsibility when the employer was impleaded in the liability action under §11 of the Workers' Compensation Law.

Submitted by Ronald Balter.

About November 2008

This page contains all entries posted to Torts, Insurance and Compensation Law Weblog in November 2008. They are listed from oldest to newest.

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