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Case Name | Fireman's Fund Insurance Co. v. Workers' Compensation Appeals Board | |
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Date | 10/12/2010 | |
Note | A special employer is liable for a Temptation Island producer's back injury after his general employer's workers' compensation carrier went insolvent, because the special employer's comp policy qualifies as 'other insurance' under the Insurance Code. | |
Citation | B215486 | |
WCC Citation | WCC 36772010 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE No. B215486 October 12, 2010 FIREMAN'S FUND INSURANCE COMPANY ET AL. , PETITIONERS, v. WORKERS' COMPENSATION APPEALS BOARD AND CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, RESPONDENTS. Payday was insured for workers' compensation by Reliance National Indemnity Co. (Reliance) and Rocket Science was insured for workers' compensation by Fireman's Fund Insurance Co. (Fireman's Fund). Rocket Science and Fireman's Fund asked to be dismissed as defendants by the Workers' Compensation Appeals Board (WCAB). Payday was insured for workers' compensation by Reliance and Rocket Science was insured for workers' compensation by Fireman's Fund. Therefore, the Fireman's Fund policy was not other insurance under Insurance Code section 1063. 1, subdivision (c)(9), so that the motion for dismissal should have been granted.
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