TORTS: WRONGFUL DEATH: WORKER’S COMPENSATION: INSURANCE: WORKER’S COMPENSATION INSURANCE AND EMPLOYER’S LIABILITY INSURANCE ARE MUTUALLY EXCLUSIVE: WORKER’S COMPENSATION INSURANCE COVERS EMPLOYERS AGAINST LIABILITY UNDER THE WORKER’S COMPENSATION ACT: EMPLOYER’S LIABILITY INSURANCE COVERS EMPLOYERS FOR LIABILITY TO EMPLOYEES WHEN WORKER’S COMPENSATION IMMUNITY DOES NOT EXIST: THE ESTATE OF A DECEASED EMPLOYEE HAD STANDING TO SUE THE EMPLOYER’S LIABILITY INSURER FOR BREACH OF CONTRACT FOR FAILING TO PAY THE DEFAULT JUDGMENT IN AN ACTION FOR THE EMPLOYEE’S WRONGFUL DEATH: THE JUDGMENT WAS NOT COVERED UNDER THE EMPLOYEE’S LIABILITY INSURANCE COVERAGE BECAUSE THE COMPLAINT ALLEGED THAT THE EMPLOYER’S NEGLIGENCE WAS THE CAUSE OF THE EMPLOYEE’S DEATH, AND THE POLICY EXCLUDED COVERAGE FOR ANY OBLIGATION IMPOSED BY A WORKER’S COMPENSATION LAW: IN ADDITION, THE INSURANCE COMPANY WAS RELEASED FROM LIABILITY TO PAY THE JUDGMENT BY A SETTLEMENT AGREEMENT IN THE WORKER’S COMPENSATION CASE, WHICH PROVIDED THAT IN EXCHANGE FOR THE SETTLEMENT FUNDS, THE ESTATE WAIVED ITS BENEFITS UNDER THE WORKER’S COMPENSATION ACT AND ELECTED ITS REMEDIES WITH RESPECT TO THE EMPLOYER AND THE CARRIER AS TO THE COVERAGE PROVIDED TO THE EMPLOYER

Morales v. Zenith Insurance Company, ___ So. 3d ___, 39 Fla. L. Weekly S721 (Fla. December 4, 2014)

After the employee was crushed to death by a palm tree during the course of his employment, his widow entered into a worker’s compensation settlement agreement with the employer and its liability insurance carrier.  When the parties entered into the settlement agreement, … Click To Read Full Case Law Review...

TORTS: WRONGFUL DEATH: WORKER’S COMPENSATION: INSURANCE: WORKER’S COMPENSATION INSURANCE AND EMPLOYER’S LIABILITY INSURANCE ARE MUTUALLY EXCLUSIVE: WORKER’S COMPENSATION INSURANCE COVERS EMPLOYERS AGAINST LIABILITY UNDER THE WORKER’S COMPENSATION ACT: EMPLOYER’S LIABILITY INSURANCE COVERS EMPLOYERS FOR LIABILITY TO EMPLOYEES WHEN WORKER’S COMPENSATION IMMUNITY DOES NOT EXIST: THE ESTATE OF A DECEASED EMPLOYEE HAD STANDING TO SUE THE EMPLOYER’S LIABILITY INSURER FOR BREACH OF CONTRACT FOR FAILING TO PAY THE DEFAULT JUDGMENT IN AN ACTION FOR THE EMPLOYEE’S WRONGFUL DEATH: THE JUDGMENT WAS NOT COVERED UNDER THE EMPLOYEE’S LIABILITY INSURANCE COVERAGE BECAUSE THE COMPLAINT ALLEGED THAT THE EMPLOYER’S NEGLIGENCE WAS THE CAUSE OF THE EMPLOYEE’S DEATH, AND THE POLICY EXCLUDED COVERAGE FOR ANY OBLIGATION IMPOSED BY A WORKER’S COMPENSATION LAW: IN ADDITION, THE INSURANCE COMPANY WAS RELEASED FROM LIABILITY TO PAY THE JUDGMENT BY A SETTLEMENT AGREEMENT IN THE WORKER’S COMPENSATION CASE, WHICH PROVIDED THAT IN EXCHANGE FOR THE SETTLEMENT FUNDS, THE ESTATE WAIVED ITS BENEFITS UNDER THE WORKER’S COMPENSATION ACT AND ELECTED ITS REMEDIES WITH RESPECT TO THE EMPLOYER AND THE CARRIER AS TO THE COVERAGE PROVIDED TO THE EMPLOYER

Morales v. Zenith Insurance Company, ___ So. 3d ___, 39 Fla. L. Weekly S721 (Fla. December 4, 2014)

After the employee was crushed to death by a palm tree during the course of his employment, his widow entered into a worker’s compensation settlement agreement with the employer and its liability insurance carrier. When the parties entered into the settlement agreement, … Click To Read Full Case Law Review...