ARMANDO GUTIERREZ vs. TEMP STAR SERVICES, CAITAC, TOKIO MARINE MANAGEMENT, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL, BROADSPIRE

This case involves a worker injured while employed by both a general employer (Temp Star) and a special employer (Caitac). The California Insurance Guarantee Association (CIGA), responsible for the insolvent insurer of the general employer, sought dismissal, arguing the special employer's insurer (Tokio Marine) provided "other insurance." The Appeals Board found Tokio Marine's policy constituted "other insurance" under Insurance Code section 1063.1(c)(9) because there was insufficient evidence that it was not intended to cover special employees. Consequently, CIGA was dismissed as a defendant.