CompFox AI Summary
The Workers' Compensation Appeals Board rescinded a prior finding, remanding the case to determine if the Fireman's Fund policy constitutes "other insurance" under Insurance Code section 1063.1(c)(9) for the applicant's injury. The Board rejected the application of collateral estoppel based on a prior appellate decision, finding that the specific facts and intent of the parties regarding coverage must be evaluated anew. This allows for a full development of the evidentiary record to address CIGA's liability and Fireman's Fund's coverage for the applicant's injuries.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded a prior finding, remanding the case to determine if the Fireman's Fund policy constitutes "other insurance" under Insurance Code section 1063.1(c)(9) for the applicant's injury. The Board rejected the application of collateral estoppel based on a prior appellate decision, finding that the specific facts and intent of the parties regarding coverage must be evaluated anew. This allows for a full development of the evidentiary record to address CIGA's liability and Fireman's Fund's coverage for the applicant's injuries.
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