CALIFORNIA INSURANCE GUARANTEE ASSOCIATION - Contribution–Insurance Code §1063.2–CIGA is entitled to reimbursement where successive carriers provided coverage for the same employer during a continuous trauma. The statute of limitations for CIGA to seek reimbursement is controlled by Insurance Code §1063.2 and not by Labor Code §5500.5. American Home Assurance v. Workers' Compensation Appeals Board, Orange County Fire Authority (Stephen Griffis) 10 WCAB Rptr. 10,127 [Writ Denied]
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION - Insurance Code §1063.1(c)(9)(i)–CIGA is authorized to pay only covered claims of an insolvent insurer. "Covered claims" do not include any claim to the extent it is covered by any other insurance available to the claimant or insured. Self-insurance constitutes "other insurance" relieving CIGA of liability. (See Denny's Inc. v. Workers' Comp. Appeals Bd. (Bachman) (2003) 104 Cal.App.4th 1433, 5 WCAB Rptr. 10,027.) Hewlett-Packard v.Workers' Compensation Appeals Board, California Insurance Guarantee Association (Philip Patapoff) 9 WCAB Rptr. 10,362 [Writ Denied]
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION - Successive injuries in different periods of coverage–CIGA is an insurer of last resort and does not assume responsibility for claims where there is any other insurance available. This is true when an employer has insurance policies for different policy periods and one insurer becomes insolvent; the remaining solvent carrier is responsible for paying the claim. (Industrial Indemnity Co. v.Workers' Comp. Appeals Bd. (Garcia) (1997) 60 Cal.App.4th 548.) ___Cal.App.4th___
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION - Contribution or reimbursement–Insurance Code §1063.1(c)(5) and (c)(9)–Insurers may not obtain contribution or reimbursement from CIGA even if the injuries for which compensation benefits were paid are not joint and several but are separate and distinct. (See California Ins. Guarantee Association v. Workers' Comp. Appeals Bd. (Hooten) (2005) 128 Cal.App.569, 7 WCAB Rptr. 10,133.) California Insurance Guarantee Association v. Workers' Compensation Appeals Board, State Compensation Insurance Fund (Alejandro Hernandez) 9 WCAB Rptr. 10,222 ___Cal.App.4th___
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION - Insurance Code §1063.1(c)(9)–CIGA is not liable for reimbursement of EDD's lien for temporary unemployment compensation disability benefits paid to an injured worker because the benefits were an obligation of the State of California. (See California Ins. Guarantee Assn. v. Workers' Comp. Appeals Bd. (Karaiskos) (2005) 117 Cal.App.5th 350, 8 WCAB Rptr. 10,191; see also California Ins. Guarantee Assn. v. Workers' Comp. Appeals Bd. (White/Torres) 136 Cal.App.4th 138, 8 WCAB Rptr. 10,075.) Estrella Panagos v. Workers' Compensation Appeals Board, Granada Hills Community Hospital 9 WCAB Rptr. 10,133[Writ Denied]
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION - Liability for administering awards of future medical treatment–Absent extraordinary circumstances, where CIGA has become liable for administering an award on behalf of a now-insolvent carrier, CIGA will be relieved of administering that award. (See Gomez v. Casa Sandoval (2003) 5 WCAB Rptr. 10,196 [en banc]; see also Ace Mechanical Heating & Air Conditioning v. Workers' Compensation Appeals Board (Steve Delgrado) 8 WCAB Rptr. 10,308 [Writ Denied].) Scoma's International v. Workers' Compensation Appeals Board, Bay West Showplace Investors, (Francesca Kourmarianos) 9 WCAB Rptr. 10,134[Writ Denied]
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION Insurance Code §1063.1(c)(9)—In cases involving a cumulative-trauma injury, CIGA is entitled to reimbursement from a solvent carrier providing coverage during the period of injurious exposure of all sums furnished by CIGA and the insolvent carrier to the injured worker for the cumulative-trauma injury. (See California Insurance Guarantee Association v. Workers' Comp. Appeals BD. (Weitzman) (2005)128 Cal.App.4th 307, 7 WCAB Rptr. 10,131.) Cypress Insurance Company v. Workers' Compensation Appeals Board, California Insurance Guarantee Association (Samuel Villegas) 9 WCAB Rptr. 10,086 [Writ Denied]
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION - Claim for reimbursement of medical expenses-Insurance Code §1063.1(c)(5) and (c)(9) bar a reimbursement claim brought by a workers' compensation insurer or a permissibly self-insured employer seeking reimbursement from CIGA for workers' compensation benefits paid by the insurer or self-insured employer. (See Roth v. L.S. Door Co. (2004) 115 Cal.App.4th 1249, 6 WCAB Rptr. 10,065.) [In this case, the claim for reimbursement for medical treatment paid by a Joint Powers Insurance Authority was similarly barred.] San Diego County Water Authority v. Workers' Compensation Appeals Board (Lonnie Curtis) 9 WCAB Rptr. 10,079 [Writ Denied]
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION - In a case involving two successive injuries [a specific injury during the period of the insolvent carrier's coverage and a cumulative injury during the period of State Fund coverage] that combined to cause the need for medical treatment and disability, did the Appeals Board err when it found that CIGA and State Fund were separately and respectively liable and not jointly and severally liable? California Insurance Guarantee Association v. Workers' Compensation Appeals Board, State Compensation Insurance Fund (Alejandro Hernandez) 9 WCAB Rptr. 10,045 [Writ Granted]
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION - Reimbursement for benefits paid that should have been paid by solvent carrier–CIGA has the right, pursuant to Insurance Code §1063.2(b), to reimbursement from the solvent carrier for temporary disability, medical treatment and vocational rehabilitation benefits CIGA paid to the injured worker that should have been paid by the solvent carrier. (See Liberty Mutual Fire Insurance Company v. Workers' Comp. Appeals Bd. (Barineau) (2001) 3 WCAB Rptr. 10,010 [writ denied].) Security Insurance Company of Hartford vs. Workers' Compensation Appeals Board (Jesus Murillo) 9 WCAB Rptr. 10,030 [Writ Denied]
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION - A solvent insurer is precluded from seeking or obtaining reimbursement or contribution from CIGA. (See California Insurance Guarantee Association v. Workers' Comp. Appeals Bd. (Hooten) (2005) 128 Cal.App.4th 569, 7 WCAB Rptr. 10,133.) [In this cumulative injury case, a solvent carrier paid workers' compensation benefits and it was later determined to have incurred during the period of coverage of an insolvent carrier. The solvent carrier's claim for reimbursement was excluded as a statutory obligation of CIGA.] Allianz Insurance Company v. Workers' Compensation Appeals Board, California Insurance Guarantee Association (Frank Hernandez) 8 WCAB Rptr. 10,326 [Writ Denied]
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION-Insurance Code §1063.1(c)(9)(ii)—CIGA is not liable to a solvent insurer for an obligation to the insurer for a claim for indemnity, contribution, subrogation or any other obligation of the insurer. (See California Insurance Guarantee Association v. Workers' Comp. Appeals Board. (Hooten) (2006) 128 Cal.App.569 7 WCAB Rptr. 10,133) [In this case the solvent carrier paid benefits including medical treatment totaling $78,434.38 in the mistaken belief that it insured the injured worker's employer for workers' compensation.] Farmers Insurance Group of Companies v. Workers' Compensation Appeals Board, California Insurance Guarantee Association (Alejandro Vargas) 8 WCAB Rptr. 10,321 [Writ Denied]
CALIFORNIA INSURNCE GUARANTEE ASSOCIATION - Liability for administering awards of future medical treatment–Absent extraordinary circumstances, where CIGA has become liable for administering an award on behalf of a now-insolvent carrier, CIGA will be relieved of administering that award. (See Gomez v. Casa Sandoval (2003) 5 WCAB Rptr. 10,196 [en banc].) Ace Mechanical Heating & Air Conditioning v. Workers' Compensation Appeals Board (Steve Delgrado) 8 WCAB Rptr. 10,308 [Writ Denied]
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION-Is the lien of the University of California Davis hospital an obligation of the State within the meaning of Insurance Code §1063.1(c)(4) and therefore not a covered claim for which CIGA is liable? California Insurance Guarantee Association v. Workers' Compensation Appeals Board (Eloy Gutierrez) 8 WCAB Rptr. 10,192 [Writ Granted]
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION- EDD liens—An EDD lien is not a "covered claim" and it makes no difference when the lien is litigated, with all other issues or separately after the claimant has settled other issues with the employer and insurer. California Insurance Guarantee Association v. Workers' Compensation Appeals Board (Harry White) 8 WCAB Rptr. 10,075 ___Cal.App.4th___
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION- Insurance Code §1063.1(c)(9)(i)—A "covered claim" does not include any claim to the extent that it is covered by any other insurance available to the insured. The statutes governing CIGA allow CIGA to claim a credit for uninsured motorist benefits received for the same incident on which the workers' compensation benefits are claimed. (See California Insurance Guarantee Association v. Workers' Comp. Appeals Bd. (Mangum) (2003) 112 Cal.App.4th 358.) Edward Lake v. Workers' Compensation Appeals Board, Western Power & Equipment Co. 8 WCAB Rptr. 10,023 [Writ Denied]
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– Insurance Code §1063.1(c)(4)– Medi-Cal payments represented by a lien are in the category excluded as covered claims because it is an obligation owed "to any state and to the federal government." St. Joseph's Hospital v. Workers' Compensation Appeals Board, California Insurance Guarantee Association (Cheryl Martin) 7 WCAB Rptr. 10,343 [Writ Denied]
CALIFORNIA INSURANCE GUARANTY ASSOCIATION– Insurance Code §1063.2(b)(2) – CIGA is a party of interest in all proceedings involving a covered claim, and shall have the same rights as the insolvent insurer would have if not in liquidation. (See Liberty Mutual v. Workers' Comp. Appeals Board (Barineau) 3 WCAB Rptr. 10,010 [writ denied].) CIGA is authorized to institute proceeding for both subrogation and contribution. Majestic Insurance Company v. Workers' Compensation Appeals Board (Oscar Marin) 7 WCAB Rptr. 10,285 [Writ Denied]
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– Liability for EDD liens– When a claim is resolved by Findings and Award following trial, which directly involved CIGA as a named defendant, did the WCJ properly conclude the CIGA was obligated to pay EDD? California Insurance Guarantee Association v. Workers' Compensation Appeals Board (Francisco Torres) 7 WCAB Rptr. 10,236 [Writ Granted]
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– When the workers' compensation carrier for the general employer has become insolvent, and where there are no specific exclusions in the workers' compensation policy of the special employer, the policy provided by the insurer of the special employer does not constitute "other insurance available to the claimant or insured" and CIGA may not be dismissed. Remedy Temp, Inc, Jacuzzi Inc. v. Workers' Compensation Appeals Board, American Home Assurance Co., Reliance National Indemnity Co. (in liquidation), California Insurance Guarantee Association (Mark Miceli) 7 WCAB Rptr. 10,229 ___Cal.App.4th___
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– Was it error for the WCJ to issue an award against CIGA directly and allow reimbursement to Employment Development Department out of the award payable to the applicant for temporary disability? California Insurance Guarantee Association v. Workers' Compensation Appeals Board (Harry White) 7 WCAB Rptr. 10,204 [Writ Granted]
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– Liability for penalties– Labor Code §5814– With respect to any award issued after January 1, 2004, CIGA may not be held liable for any Labor Code §5814 or 5814.5 penalties based on an insolvent insurer's pre-liquidation unreasonable delay or refusal in paying benefits because such penalties are now excluded from the definition of Insurance Code 1063.1(c)(8) as amended. (See Martinez v. Jack Neal & Son, Inc. (2004) 6 WCAB Rptr. 10,240.) Shen Kee Bakery & Café v. Workers' Compensation Appeals Board (Fang Shen) 7 WCAB Rptr. 10,157
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– Liability for penalties– CIGA is liable for penalties if CIGA unreasonably delays or denies payment or compensation but is not liable for delays or denials by a prior insolvent carrier. (See Martinez v. Jack Neal & Son, Inc. (2004) 6 WCAB Rptr. 10,240 [en banc].) Maria Elena Lobos v. Workers' Compensation Appeals Board, Apparel Supplies of California 7 WCAB Rptr. 10,141
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– Liability for reimbursement of solvent insurers in a successive-injury case–Insurance Code §1063.1–California Insurance Guarantee Association is not responsible for reimbursing a solvent insurer when the solvent insurer paid workers' compensation benefits due to injuries during periods of coverage by the insolvent carriers, regardless of the fact the liability for successive injuries is not joint and several. California Insurance Guarantee Association v. Workers' Compensation Appeals Board, Argonaut Insurance Company (Rockney Hooten) 7 WCAB Rptr. 10,133
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– Liability for reimbursement of solvent insurers in a successive injury case–Insurance Code §1063.1–California Insurance Guarantee Association is not responsible for reimbursing a solvent insurer when the solvent insurer paid workers' compensation benefits due to injuries sustained during periods of coverage by the insolvent carriers. California Insurance Guarantee Association v. Workers' Compensation Appeals Board (Timothy Weitzman) 7 WCAB Rptr. 10,131
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– When the workers' compensation carrier for the general employer has become insolvent, and when there are no specific exclusions in the worker' compensation policy of the special employer, the policy provided by the insurer of the special employer constitutes "other insurance available to the claimant or insured" and CIGA may properly be dismissed. Remedy Temp, Inc, Jacuzzi Inc. v. Workers' Compensation Appeals Board, American Home Assurance Co., Reliance National Indemnity Co. (in liquidation), California Insurance Guarantee Association (Mark Miceli) 6 WCAB Rptr. 10,307
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– Liability for Apportionment of Liability in Successive Injury Cases– In successive injury cases, a decision setting apportionment of liability is binding on the now-insolvent carrier and becomes CIGA's responsibility, whether or not the apportionment of liability was before or after the insolvency of the carrier on the risk at the time of one of the injuries. (See Victoria Gomez v. Casa Sandoval (2003) 5 WCAB Rptr. 10,196 [en banc].) California Insurance Guarantee Association v. Workers' Compensation Appeals Board, Associated Indemnity Company (Sommai Sripramong) 6 WCAB Rptr. 10,175
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– CIGA is not required to reimburse EDD for Unemployment Compensation Disability benefits provided to an injured worker because the EDD lien claim is an obligation of the state and excluded from the definition of a "covered claim" under the governmental exclusion of Insurance Code §1063.1(c)(4). California Insurance Guarantee Association v. Workers' Compensation Appeals Board (Jeannie Karaiskos) 6 WCAB Rptr. 10,101
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– Insurance Code §1063.1(c)(9)– An employer, as a self-insurer for purposes of providing workers' compensation benefits, is deemed an "insurer" providing "other insurance" within the meaning of Insurance Code §1063.1(c)(9) and its claim is excluded as a "covered claim" and CIGA is not responsible for the amounts paid to the injured employee from the employer's self-insured retention. John Michael Roth v. L.A. Door Company, Nutrilite Products. 6 WCAB Rptr. 10,085
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– To permit a self-insured employer, on a subrogation theory, to recover sums directly from an entity, whose insurer was insolvent, would permit a self-insured employer, and an "insurer" for purposes of workers' compensation insurance, to obtain indirectly what it could not obtain directly from CIGA. John Michael Roth v. L.A. Door Company, Nutrilite Products. 6 WCAB Rptr. 10,085
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– Dismissal of CIGA in a Cumulative Injury Case– In a single cumulative injury or occupational disease case involving CIGA and another solvent carrier or carriers, CIGA will be relieved of liability pursuant to Insurance Code §1063.1(c)(9). (See Gomez v. Casa Sandloval, Nokes v. Placer Savings Bank (2003) 5 WCAB Rptr. 10,196 [en banc].) In this occupational disease case involving hepatitis C, infection was found to be a single cumulative injury with two employers and multiple carriers thereby allowing only the solvent carriers to remain on the risk and CIGA being relieved of any liability.] FMC/Culver City Dialysis v. Workers' Compensation Appeals Board, California Insurance Guarantee Association (VNO-56XYZZX) 6 WCAB Rptr. 10,077
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– When the workers' compensation carrier for the general employer has become insolvent, and where there are no specific exclusions in the worker' compensation policy of the special employer, does the policy provided by the insurer of the special employer constitute "other insurance available to the claimant or insured" and CIGA may properly be dismissed? Remedy Temp, Inc., Jacuzzi Inc. v. Workers' Compensation Appeals Board, American Home Assurance Co., Reliance National Indemnity Co. (in liquidation), California Insurance Guarantee Association (Mark Miceli) 6 WCAB Rptr. 10,072
CALIFORNIA INSURANCE GUARANTEE ASSOCITION– In a successive injury case, when the insolvent carrier's portion of liability has been previously determined, CIGA remains liable for the insolvent carrier's already-established liability when a decision or approved stipulation or compromise and release has resulted in specific percentages of liability assigned to each carrier. Victoria Gomez v. Golden Eagle Insurance Company, California Compensation (in liquidation), California Insurance Guarantee Association. 6 WCAB Rptr. 10,005
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– In cases of a single cumulative trauma period, when the date of injury is in dispute, CIGA shall not be dismissed, but an election shall be made against the solvent carrier. If the date of injury is later determined to be solely within CIGA's insolvent insurer's period of coverage, the carrier that paid the appropriate workers' compensation benefits is entitled to reimbursement from CIGA. California Insurance Guarantee Association v. Workers' Compensation Appeals Board, Republic Indemnity Company of America (Boonlua Comchomnon) 5 WCAB Rptr. 10,326
CALIFORNIA INSURANCE GUARANTY ASSOCIATION– Insurance Code §1063.1– The statutory intent was not to use CIGA funds to pay the insolvent carrier's obligations to other carriers. A claim does not rise to the level of a "covered claim" where other insurance providing the required coverage is available to either the claimant or the insured. (See Industrial Indemnity Co. v. Workers' Comp. Appeals Bd. Garcia) (1997) 60 Cal.App.4th 548.) Sherman Loehr Custom Tile Works v. Workers' Compensation Appeals Board (Michael Cooke) 5 WCAB Rptr. 10,243
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– Is CIGA's obligation to reimburse EDD for Unemployment Compensation Disability benefits a benefit provided under workers' compensation law and a proper obligation of a covered claim for which CIGA is responsible? California Insurance Guarantee Association v. Workers' Compensation Appeals Board (Jeannie Karaiskos) 5 WCAB Rptr. 10,130
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– Insurance Code §1063.1(c)(5)– In this case, the award specifically imposed joint and several liability upon Fremont and Reliance. By its terms, the Award left the insurers to settle their respective liabilities to each other with Fremont designated to administer the benefits awarded. The obligation of Reliance, in liquidation, fell outside CIGA's liability pursuant to Insurance Code §1063.1(c)(5) & (9), which excludes from "covered claims" any obligations to insurers and excludes a claim to the extent the claim is covered by any other insurance available to applicant. Fremont Compensation Insurance Group v. Workers' Compensation Appeals Board, Reliance Insurance Company, California Insurance Guarantee Association (Mercedes Sariol) 5 WCAB Rptr. 10,117
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– CIGA is not entitled to an automatic stay of proceedings when an insolvent carrier is placed in rehabilitation. Dunham Roofing, Inc, Cunningham Lindsey/Legion Insurance v. Workers' Compensation Appeals Board (Andres Cortez) 5 WCAB Rptr. 10,101
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– Insurance Code §1063.1(c)(1)– CIGA may not pay a disability claim when a solvent workers' compensation insurer is otherwise jointly and severally liable for the claim. An employer self-insured for workers' compensation purposes provides "other insurance of a class covered by" the Guarantee Act within the meaning of Insurance Code §1063.1(c)(9). Denny's Inc. v. Workers' Compensation Appeals Board (Esther Bachman) 5 WCAB Rptr. 10,027
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– Insurance Code §1063.1(c)(9) – California Insurance Guarantee Association (CIGA) is generally dismissed from cases where there is other insurance coverage during a cumulative period of injury. (See Industrial Indemnity v. Workers' Comp. Appeals Bd.(Garcia) (1997) 60 Cal.App. 4th 548.) In this case the dismissal of CIGA was determined to be erroneous and not in the best interests of accomplishing substantial justice in this matter. California Insurance Guarantee Association v. Workers' Compensation Appeals Board (Delmar Slaughter) 4 WCAB Rptr. 10,333
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– Penalty– Labor Code §5814– The determination that Labor Code §5814 penalties for unreasonable delays in payment of benefits by the insolvent insurance carrier are covered claims for purposes of imposing liability on the California Insurance Guarantee Association. (See Carver v. Workers' Comp. Appeal Bd. (1990) 217 Cal.App.3d 1539; Hershman v. Eisenberg Medical Group (2002) 4 WCAB Rptr. 10,207 (en banc).) California Insurance Guarantee Association v. Workers' Compensation Appeals Board (Paul M. Tenbruin) 4 WCAB Rptr. 10,270
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– Covered claims– Insurance Code §1063.1– In this case Reliance National Indemnity Company went into receivership on October 3, 2001. The matter proceeded to trial on October 21, 2001. Counsel for Reliance, who became counsel for CIGA, appeared at trial but did not object to the proceeding because CIGA did not seek a general stay of proceedings. The Findings and Award was properly issued January 18, 2002 against Reliance and CIGA was responsible for the award. California Insurance Guarantee Association v. Workers' Compensation Appeals Board (Reynaldo Magana) 4 WCAB Rptr. 10,270
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– Insurance Code §1063.1(c)(9)– Did the legislature intend 'other insurance' to include the self-insured portion of a continuous trauma claim, thereby excluding the proportionate liability of the insolvent carrier as a covered claim? Denny's Inc., v. Workers Compensation Appeals Board (Esther Bachman) 4 WCAB Rptr. 10,149
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– Until liability is established against other solvent insurance carriers, CIGA is liable for the benefits awarded. [In this case a specific injury claim was the subject of a Stipulated Award against an insurance carrier which was later declared insolvent. The injured worker filed a timely Petition to Reopen which raised the issue of cumulative trauma. Until CIGA established the liability of another carrier in contribution proceedings, CIGA was liable for the benefit payments.] (See generally, Industrial Indemnity v. Workers' Comp. Appeals Bd. (Garcia) (1997) 60 Cal.App. 4th 548.) California Insurance Guarantee Association v. Workers' Compensation Appeals Board (Roy Beckham) 4 WCAB Rptr. 10,092
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA)– Insurance Code §1063– CIGA as a party in interest in a proceeding involving a covered claim has all the rights of the insolvent insurer would have had it not been in liquidation and includes the right to adjust, compromise, settle and pay a covered claim. (See CIGA v. Superior Court (1998) 64 Cal.App.4th 219.) [Since a proceeding for contribution is in the nature of a subrogation proceeding, if CIGA is authorized to institute subrogation proceedings, it is also authorized to institute contribution proceedings. California Insurance Guarantee Association v. Workers' Compensation Appeals Board (Thomas Garcia) 3 WCAB Rptr. 10,322
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION– Insurance Code §1063.2(b)– California Insurance Guaranty Association (CIGA) has the same rights as the insolvent insurer would have had had it not been in liquidation and this includes the right to pursue subrogation from third parties and to institute contribution proceedings. (See CIGA v. Superior Court (1998) 64 Cal.App.4th 219.) Liberty Mutual Fire Insurance Company v. Workers' Compensation Appeals Board, California Insurance Guarantee Association (Diane Barineau) 3 WCAB Rptr. 10,277
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION–When an applicant seeks workers' compensation benefits from the California Insurance Guarantee Association (CIGA) for a claim arising out of an automobile accident, CIGA is entitled to a credit for underinsured motorist benefits the applicant receives for the same accident. Barnett, Harper, Woll, Raatz and Stenson v. Workers' Compensation Appeals Board (Scott Mangum) 5 WCAB Rptr. 10,285
