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Case Name | Fireman's Fund Insurance Co. v. WCAB | |
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Date | 01/29/2010 | |
Note | Where the law is unsettled regarding CIGA's liability, a party negotiating with CIGA should ordinarily be entitled to rely on CIGA's reasoned evaluation of its own authority. | |
Citation | C062019 | |
WCC Citation | WCC 35952010 CA |
Filed 1/29/10 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- FIREMAN"S FUND INSURANCE COMPANY, Petitioner, v. WORKERS"COMPENSATION APPEALS BOARD, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION et al. , Respondents. Guilford Steiner Sarvas & Carbonara, LLP, Richard E. Guilford; Hanna, Brophy, MacLean, McAleer & Jensen, LLP, for Respondent California Insurance Guarantee Association. There was, however, no appellate decision or WCAB decision considering CIGA"s liability in a successive injuries case such as this. Code), CIGA provides "insolvency insurance" against loss arising from the failure of an insolvent insurer to discharge its obligations under its insurance policies. Although funded by a compulsory membership of insurance companies doing business in California, CIGA "was created to provide a limited form of protection for insureds and the public, not to provide a fund to protect insurance carriers. "
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