Workers' Compensation
Listed below is McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A.'s workers' compensation case law database. The database dates back until 1971 and includes over 5500 workers' compensation court decisions.
To view the case summaries, select one of the general topics listed below.
Wright, Jacobi, and Pettit Tool & Supplies v. Hartford Underwriters Insurance Company
27 FLW D1806
When a workers' compensation carrier refuses to provide
a defense to the employer on a Coverage B claim, and it
is thereafter determined that there was coverage based
on the allegations of a complaint, the carrier is
precluded from raising an exclusive remedy defense when
an injured employee thereafter sues the employer. In
this instance, the employer and the employee settled
and the employer assigned any right it had
against the carrier for failing to provide a defense.
Because the carrier refused to defend its insured, it
is bound by the settlement waiving the defense of
workers' compensation immunity and may not assert that
defense against the employee's claim for policy
benefits to satisfy a judgment or settlement. The
carrier is bound by the settlement and may not
re-litigate an issue of liability by raising any
affirmative defense that it could have raised in the
civil action.
