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Case Name Industrial Indemnity Co. v. WCAB
Date 12/29/1997
Note CIGA not liable for workers' comp. when two other insurers were also liable for benefits.
Citation 60 Cal.App.4th 548, 62 CCC 1661
WCC Citation WCC 25411997 CA
INDUSTRIAL INDEMNITY COMPANY, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Respondents. 1 The workers' compensation referee (WCR) assessed an award against Industrial Indemnity Company (Industrial), State Compensation Insurance Fund (SCIF), and CIGA proportionate to periods of coverage by Industrial, SCIF, and insolvent Pacific States Casualty Company (Pacific). Seeking reconsideration by the Board, CIGA asserted a joint and several award should be issued against Industrial and SCIF. Upon reconsideration, the Board rescinded the WCR's award and substituted a joint and several award against Industrial and SCIF. Any liability that Industrial Indemnity and State Compensation Insurance Fund insure is for their particular share of the cumulative trauma under their policies of insurance. '

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