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| Case Name | Edward Carey Construction Co. v. State Fund | |
|---|---|---|
| Date | 03/25/2011 | |
| Note | A corporation may sue State Fund for a bad faith denial of benefits, despite the fact that the alleged bad faith damages arose from a claim filed by the employee/owner of the corporation. | |
| Citation | A128047 | |
| WCC Citation | WCC 37372011 CA |
EDWARD CAREY CONSTRUCTION COMPANY, Plaintiff and Appellant, v. STATE COMPENSATION INSURANCE FUND, Defendant and Respondent. INTRODUCTION Appellant Edward Carey Construction Co. (CCC) appeals from a judgment of dismissal, entered after the trial court sustained the demurrer of State Compensation Insurance Fund (SCIF) without leave to amend. CCC relies on Security Officers Service, Inc. v. State Compensation Insurance Fund (1993) 17 Cal. App. 4th 887 (Security Officers), and its progeny, including MacGregor Yacht Corporation v. State Compensation Insurance Fund (1998) 63 Cal. App. 4th 448 (MacGregor Yacht). "First, and most importantly, State Fund ha[d] not denied Tilbury any benefits due to Tilbury under the insurance policy. SCIF's reliance on Charles J. Vacanti, M. D. , Inc. v. State Compensation Insurance Fund (2001) 24 Cal. 4th 800 (Vacanti), is misplaced.
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