In what circumstances will an insolvent insurer be immune from liability for delay in paying benefits to an injured employee?
California, United States of America
The following excerpt is from California Ins. Guarantee Assn. v. Workers' Comp. Appeals Bd., 10 Cal.App.4th 988, 12 Cal.Rptr.2d 848 (Cal. App. 1992):
In Carver v. Workers' Comp. Appeals Bd., supra, 217 Cal.App.3d 1539, 266 Cal.Rptr. 718, CIGA contended that it was immune from liability for a penalty under Labor Code section 5814 because of an insolvent insurer's delay in paying benefits to an injured employee. (Carver, supra, at p. 1546, 266 Cal.Rptr. 718.) One ground on
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