Matter of Langan v. State Farm Fire & Casualty
New York Supreme Court, Appellate Division
48 A.D.3d 76, 849 N.Y.S.2d 105 (2007)
- Written by Jenny Perry, JD
Facts
John Langan (plaintiff) and Neal Spicehandler, who were residents of New York, entered into a civil union in Vermont. Two years later, Spicehandler died after being struck by a car while working for Langan’s insurance business. Langan filed claims under New York’s workers’-compensation law for the injury and for death benefits as Spicehandler’s surviving spouse. The insurance carrier, State Farm Fire & Casualty (defendant), accepted the claim for the work-related injury but denied Langan’s claim for spousal benefits. A workers’-compensation-law judge determined that Langan lacked standing to assert a claim for death benefits under New York’s workers’-compensation law, and the workers’-compensation board affirmed. Langan appealed, arguing that (1) a partner to a civil union was a surviving spouse for purposes of the statute, (2) the doctrine of comity required New York to recognize Langan as a surviving spouse, and (3) withholding death benefits to same-sex partners in a civil union violated the Equal Protection Clause.
Rule of Law
Issue
Holding and Reasoning (Kane, J.)
Dissent (Rose, J.)
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