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Carriers Had No Duty to Defend Employer from SWCB Assessment

By Sherri Okamoto (Legal Reporter)

Thursday, May 9, 2013 | 0

Two insurance carriers were not obligated to defend a New York employer who had been a member of an insolvent group self-insurance trust from the efforts of the State Workers' Compensation Board to collect the employer's share of liability for the outstanding claims against the trust.Case: Morgan Fuel & Heating Co. v. Lexington Insurance Co., No. 2012-01347, 05/01/2014, published. Facts: The Morgan Fuel & Heating Co. had belonged to the now-defunct Transportation Industry Workers' Compensation Trust.The trust, which went insolvent in 2008, was one of eight groups admin...

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