Home/Case Law/Kenny Smith vs. MODERN BUILDING COMPANY, STATE COMPENSATION INSURANCE FUND, ANDERSON & ASSOCIATES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for CALIFORNIA COMPENSATION, BROADSPIRE
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Kenny Smith vs. MODERN BUILDING COMPANY, STATE COMPENSATION INSURANCE FUND, ANDERSON & ASSOCIATES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for CALIFORNIA COMPENSATION, BROADSPIRE

Filed: Aug 24, 2009
San Francisco
ADJ2506855 (RDG 0044877) ADJ1687185 (RDG 0032808)

CompFox AI Summary

This case involves successive spinal injuries to Kenny Smith. CIGA seeks relief as administrator for the 1990 injury, arguing it's not a covered claim as SCIF provides "other insurance." The Appeals Board granted CIGA's petition, finding SCIF is indeed other available insurance for the same injury. SCIF is appointed administrator and is entitled to a $14,667.67 credit against its liability, stemming from the applicant's prior third-party recovery for the 1986 injury.

Full Decision Text1 Pages

This case involves successive spinal injuries to Kenny Smith. CIGA seeks relief as administrator for the 1990 injury, arguing it's not a covered claim as SCIF provides "other insurance." The Appeals Board granted CIGA's petition, finding SCIF is indeed other available insurance for the same injury. SCIF is appointed administrator and is entitled to a $14,667.67 credit against its liability, stemming from the applicant's prior third-party recovery for the 1986 injury.

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Kenny Smith vs. MODERN BUILDING COMPANY, STATE COMPENSATION INSURANCE FUND, ANDERSON & ASSOCIATES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for CALIFORNIA COMPENSATION, BROADSPIRE (2009) – San Francisco | CompFox