Admiral Insurance Prevails On Appeal In Railroad Injury Case

A federal appeals court Tuesday reversed a lower court decision and ruled in favor of Admiral Insurance Co. in litigation over a settlement reached in a case involving a railroad worker’s injury.

In 2013, the Long Island Railroad contracted with Merrick, New York-based Rukh Enterprises Inc. to complete a paint-removal and repainting project on a Metropolitan Transit Authority railroad bridge in Queens, New York, according to Tuesday’s ruling by the 2nd U.S. Circuit Court of Appeals in New York in Century Surety Co. v. Metropolitan Transit Authority, Long Island Railroad, Admiral Insurance Co., et al.

Rukh hired a painting company, which is not a party to the litigation, to work on the project because it was not certified to perform lead-related activities. One of the subcontractor’s workers was injured while working on the project, and he sued Rukh and the LIRR for damages, according to the ruling.

An undisclosed settlement was reached, and insurers in the case, including Admiral, which insured the LIRR, agreed to pay a settlement amount.

Meadowbrook Insurance Group Inc. unit Century Insurance, based in Westerville, Ohio, which had insured Rukh, refused to contribute on the basis it had no duty to defend or indemnify any party in the case and filed suit in U.S. District Court in New York on the issue.