Attorney with Briskman Briskman & Greenberg Remarks on Insurer’s Suit to Avoid Defense in $25 Million Worker Death Case
Feb 17, 2014
Chicago, IL (Law Firm Newswire) February 17, 2014 – An insurance company is suing to avoid defending a worker death lawsuit.
The dispute arises from a wrongful death lawsuit filed by the family of a construction worker who was buried alive in a workplace accident. State National Insurance Company argues that it has no obligation to defend US-Sino Investment Incorporated, the construction company named as a defendant.
State National has filed a complaint in federal court, claiming that it owes no duty of indemnification to US-Sino or the owner, Richard Xin Liu. The 2012 accident killed Raul Zapata Mercado and led regulators to issue a suspension of the company’s contractor’s license.
“Far too many workers are injured or killed on the job all across the country,” observed Robert Briskman, a Chicago work injury attorney. “In the case of a tragic death such as this one, a wrongful death lawsuit may be appropriate to bring some compensation to the family of the victim.”
In January 2012, a 12-foot-deep trench collapsed on Mercado at a Milpitas, California construction site after a three-week period of heavy rain. Mercado’s family filed a wrongful death lawsuit against the company a year later, demanding $25 million, including an award of punitive damages.
In the current case, the insurer has pointed to several exclusions that deny coverage for injury claims by contractors or employees in its commercial liability policy with US-Sino.
Another lawsuit has been brought against US-Sino by the owner of the home where the accident took place, claiming that the company failed to resume work after the accident.
State National argues that its policy excludes coverage for both suits. In addition to the exclusion regarding employee actions, the insurer cited other similar clauses, including one for punitive damages.
The insurer also claims that the policy excludes claims arising from “subsidence,” which includes events such as earthquakes, landslides and other earth movements.
The lawsuit seeks court orders to establish that the two lawsuits do not give rise to an indemnity obligation from State National. The insurer is also seeking reimbursement for costs already incurred while defending the construction company in the litigation.
Learn more at http://www.briskmanandbriskman.com/practice-areas/workers-compensation/
Briskman Briskman & Greenberg
351 West Hubbard Street, Ste 810
Chicago, IL 60654
Phone: 312.222.0010
Facebook: Like Us!
Google Places: Contact a Chicago personal injury lawyer from Briskman Briskman & Greenberg on Google Places!
- ConAgra Fights Largest Punitive Claim in Illinois History
The Seventh Circuit Court of Appeals has heard arguments over a $180 million jury verdict in a personal injury case, the largest punitive claim in Illinois history. The defendant companies urged the court to overturn a district court’s judgment or lower the damages award in the grain elevator explosion case. The case stems from an […] - Johnson & Johnson Must Pay Over $10 Million in Birth Injury Case
The parents of a boy who suffered birth injuries after being exposed to anti-seizure medication have been awarded more than $10 million by a Philadelphia jury, which decided against Janssen Pharmaceuticals, a subsidiary of Johnson & Johnson. The five-year-old boy suffered from cleft lip and other birth injuries after being exposed to Topamax while his […] - Two Illinois Workers Injured in Combustible Dust Explosion
An Illinois metal products company was cited for safety violations after two workers were injured in a combustible dust explosion at a Glendale Heights Facility. The Occupational Safety and Health Administration issued the citations to Northstar Metal Products for 11 violations of health and safety regulations following the April 1 incident. One of the workers […] - Government Pushes for Better Car Safety Systems
The federal government is pushing for automobile safety systems that are expected to aid in the prevention of car accidents. The systems include seat belt interlocks, collision avoidance systems and alcohol detection devices. Collision avoidance systems — which warn drivers when they are about to strike another vehicle and can automatically apply the brakes — […] - Wrongful Death Suit Filed in Fatal Crash of Stolen Police Car
The son of a woman killed in a collision with a stolen police car has filed a wrongful death lawsuit. The suit is being filed by Reginald Quarles, who claims that his mother, Maxsimillion Quarles, was killed after Ricky Raper stole a police car and crashed into her vehicle. According to the complaint, the incident […]
