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Case Name | Travelers Indemnity Co. v. WCAB (Morales) | |
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Date | 07/19/2011 | |
Note | The California Supreme Court denied review to a panel decision that rejected an insurer's defense to a California Insurance Guarantee Association reimbursement claim. | |
Citation | ADJ2141542 | |
WCC Citation | WCC 37832011 CA |
The Arbitrator however denied Travelers' claim that CIGA's recovery was also barred under the doctrine of Equitable Estoppel. Travelers, which provided workers' compensation to Linear Technology, was joined as a party defendant on June 11, 2009. Mr. Ganio testified that Travelers has been "going paperless," but he was unable to locate the policy in the "electronic warehouse. "In finding CIGA was barred by laches from seeking recovery from Travelers, the Arbitrator found Travelers had established that CIGA had unreasonably delayed joining Travelers, which caused prejudice to Travelers. The Arbitrator concluded that the delay in joining Travelers precluded Travelers from engaging in discovery to resolve issues of liability.
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Download full case here.