FRANCISCO MARTINEZ v. ACG ROOFING, INC., ET AL. - Articles

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FRANCISCO MARTINEZ v. ACG ROOFING, INC., ET AL.

Posted by: Karen Belcher on Jul 13, 2023

Court: TN Workers Comp Appeals Board

Attorneys 1: Gregory H. Fuller and Ashley B. McGee, Knoxville, Tennessee, for the insurer-appellant, Technology Assigned Risk.

Attorneys 2: Monica R. Rejaei, Memphis, Tennessee, for the employee-appellee, Francisco Martinez.

Attorneys 3: Jeffrey G. Foster, Jackson, Tennessee, for the appellees, Brian Elder Roofing and Builders Mutual Ins. Co.

Attorneys 4: Wm. Ritchie Pigue, Nashville, Tennessee, for the appellees, Stephanie Nava d/b/a Nava Roofing and Travelers Ins. Co.

Attorneys 5: ACG Roofing, Inc., employer-appellee, not participating.

Judge(s): CONNER

This appeal arises from the trial court’s denial of an insurer’s motion for summary judgment. The case, which arose in a construction industry setting, involves multiple contractors and multiple insurers. The primary issues addressed during the summary judgment hearing were whether the immediate employer’s workers’ compensation insurance policy had lapsed for non-payment of premium the day before the work accident and, consequently, whether that insurer was entitled to dismissal from the case. Having determined there were disputed issues of material fact regarding whether the policy had lapsed, the trial court denied the insurer’s motion, and the insurer appealed. Upon careful consideration of the record, arguments of counsel, and relevant precedent, we conclude the trial court cannot exercise subject matter jurisdiction over a coverage dispute between an employer and its insurer under the circumstances presented here, but we nevertheless affirm the trial court’s order denying the motion for summary judgment and remand the case.

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