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| Case Name | Sullivan's Stone Factory v. SCIF | |
|---|---|---|
| Date | 05/20/2009 | |
| Note | [Unpublished] Under a long line of case law, a defendant can be liable for failing to disclose information that is a matter of public record, provided the defendant's access to that information is superior to the plaintiff's access. Also, had information been disclosed to Plaintiff, it could have avoided being subject to prior owner's claims history by opting to self-insure or by promptly firing any of its employees who used to work for prior owner. It can't be said, as a matter of law, that Plaintiff could not have relied on the nondisclosure of publicly accessible information. | |
| Citation | E045493 | |
| WCC Citation | WCC 35252009 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO SULLIVAN'S STONE FACTORY, INC. , Plaintiff and Appellant, v. STATE COMPENSATION INSURANCE FUND et al. , Defendants and Respondents. Plaintiff Sullivan's Stone Factory, Inc. (Sullivan) acquired all of the assets of Cortima Co. (Cortima) at a tax lien sale. knew that Cortima had a high Experience Modification rating, because SCIF was providing worker's compensation insurance to Cortima . "Plaintiff had already acquired Cortima's assets at the time it applied for and obtained workers' compensation insurance from [SCIF]. However, as we also held in part III. C, ante, Sullivan did adequately allege that SCIF violated Insurance Code sections 330 through 339.
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