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CA Ins. Guarantee Assoc. v. Workers’ Comp. Appeals Bd.

(California Court of Appeal) – In an action challenging the Workers’ Compensation Appeals Board denial of a Legislatively-created insurance guarantee’s motion to be dismissed from the underlying workers’ compensation cases on the ground that it was authorized to pay only covered claims from which the Legislature expressly excluded any claim to the extent it is covered by any other insurance, Ins. Code sections 1063.1(c)(9) and 1063.2(a), the Board’s decision is annulled where the underlying compromise and release agreement did not relieve the primary underlying insurer of its several liability for third party claims.

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