After an employee of Glasbern Inc. was injured, the company’s Workers’ Compensation insurer, Zenith Insurance Company, began paying Workers’ Compensation benefits to him. Thereafter, Zenith sued Glasbern, Glasbern’s owner, Albert Granger, and its insurance broker, alleging that it only had issued and renewed the policy as a result of misrepresentations regarding Glasbern’s operations. Zenith sought damages for past payments to the injured employee and a declaratory judgment with respect to future payments—and it sought counsel fees, and costs.
A jury found in favor of Zenith and against Glasbern and Granger on the fraud claim. The jury also found Zenith to be contributorily negligent with respect to its negligence claims against Glasbern, Granger, and the broker. Finally, the jury decided in favor of Zenith and against Glasbern and Granger on their counterclaim for bad faith. The trial court entered partial judgment in accordance with the verdict.
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