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| Case Name | Ferreira v. Homeport Insurance Co, | |
|---|---|---|
| Date | 07/23/2012 | |
| Note | A California appellate court ruled that the widow of a longshoreman who had failed to finalize a tentative agreement with his employer's insurance carrier for his industrial injury before his death could not sue the carrier for breaching the terms of the proposed agreement or for her emotional distress arising from the carrier's refusal to honor its terms.The court also said that the carrier could not sue the worker's estate for a lien on a recovery in any action against a third-party for the worker's industrial accident. | |
| Citation | A129546 | |
| WCC Citation | WCC 39152012 CA |
CO. EVA JEAN FERREIRA, Individually and as Executor, etc. , Plaintiff, Cross-defendant and Appellant, v. HOMEPORT INSURANCE COMPANY, et al. , Defendants, Cross-complainants and Appellants. Plaintiff Eva Ferreira, who filed this suit as an individual and as executor of her late husband's estate, appeals from a final judgment for defendants Homeport Insurance Company, Stevedore Services of America and SSA Marine. Once the U. S. Department of Labor approved the settlement, Homeport was to pay Ferreira $370,000 over and above any compensation benefits previously paid for the 2003 injury. Homeport agreed to withdraw any claims for subrogation or lien rights to recovery obtained by Ferreira against the Port of Stockton or the ship involved in the 2003 mishap. Since Mr. Ferreira died on July 27, 2007, Ferreira argued the cross-complaint was untimely.
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