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Case Name | Tilbury Constructors, Inc. v. State Compensation Ins. Fund | |
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Date | 03/07/2006 | |
Note | Insurer's decision not to pursue its subrogation rights does not constitute a breach of contract or a breach of the duty of good faith and fair dealing. | |
Citation | 137 Cal. App. 4th 466 | |
WCC Citation | WCC 31462006 CA |
Tilbury alleged that State Fund failed to take any steps to determine that the Occupational Safety and Health Appeals Board had deleted the accident-related determination in the citation issued against Tilbury. Tilbury alleges that State Fund has sought to obtain a credit against its obligations to pay Alfrey's benefits based on the $1. 2 million settlement. In that application for credit, State Fund has taken the position that there was no finding that Tilbury had any fault in the accident. Tilbury further alleges that State Fund failed to provide it with documentation of its subrogation handling for three months after Tilbury's request. *fn2 First, and most importantly, State Fund has not denied Tilbury any benefits due to Tilbury under the insurance policy.
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