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Case Name Stephenson vs. Argonaut Ins. Co.
Date 12/23/2004
Note Employer cannot recover civil damages against its workers'
Citation 125 Cal. App. 4th 962
WCC Citation WCC 30722004 CA
Plaintiff Fred Stephenson, the trustee of Commercial Conservancy No. 1, is now doing business as Enniss (hereinafter collectively referred to as plaintiff). Plaintiff sued its general liability insurer, two insurance brokerages, an insurance agent, plus defendant Argonaut Insurance Company, its workers' compensation carrier. But in early 1998, Clarendon withdrew its defense predicated "on the basis that Guardado was a leased worker and . Defendant rejected this tender, in part, because "the Argonaut Policy does not include a duty to defend the Action. "Ultimately, Guardado recovered a $1. 75 million default judgment against plaintiff due to plaintiff's failure to comply with discovery orders.

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