Court Revives Suit Against Carrier Despite Alleged Collusion Between Worker, Insured

A New York appellate court revived an employer’s claims against its insurance carrier for a defense and indemnification for a worker's on-the-job injury. Case: Davis v. Eab-Tab Enterprises, No. 26451, 11/29/2018, published. Facts: In March 2015, Kody Davis was hired to work on a short-term construction project at a building owned by Eab-Tab Enterprises. Davis was working with Thomas Bender while Bender was operating a drill. Bender accidentally caused the drill to penetrate the floor where he was working, and the drill made contact with Davis’ foot.  Procedural hi...