Jansen v. Fidelity & Casualty Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Casey, J. P.
We hold that liability cannot be imposed upon a workers’ compensation and liability insurance carrier in an action by an employee of the insured for injuries sustained in the course of his employment where the alleged negligence of the insurer arises out of the regular safety inspections of the work site conducted by the insurer in an effort to reduce the risk of loss covered by its insurance policy.
Plaintiff was injured in October 1981 while working at a bridge construction site in North Carolina when the suspended rig he was using as a work platform failed,…
2Cases cited13 opinions
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Russin v. Louis N. Picciano & SonNew York Court of Appeals · 1981
- Eaves Brooks Costume Co. v. Y.B.H. Realty Corp.New York Court of Appeals · 1990
- De Angelis v. Lutheran Medical CenterNew York Court of Appeals · 1983
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Laborers Local 17 Health & Benefit Fund v. Philip Morris, Inc.District Court, S.D. New York · 1998
- Jansen v. Fidelity & Casualty Co.New York Court of Appeals · 1992
- New Jersey Carpenters Health Fund v. Philip Morris, Inc.District Court, D. New Jersey · 1998
- City of Amsterdam v. LamAppellate Division of the Supreme Court of the State of New York · 2000
- Cassell v. Babcock & Wilcox Co.Appellate Division of the Supreme Court of the State of New York · 1992
2 more not listed; retrieve them via the Exa API.