When will an employer be required to prove that they have insurance coverage under the Workers' Compensation Act?

We also question the wisdom of requiring an employer to present proof of insurance to a jury. If the matter has reached a jury, the employer is facing potential liability and damages uncovered by workers' compensation. Yet, a jury could easily mistake evidence of workers' compensation insurance as proof that the employer will be indemnified for any assessed damages. Evidence of insurance has "an obvious potential to prejudice the jury's determination of the insured's liability." (Moradi-Shalal v. Fireman's Fund Ins. Companies (1988) 46 Cal.3d 287, 311, 250 Cal.Rptr. 116, 758 P.2d 58.)

Significantly, an allegation of insurance coverage has never been required before application of the workers' compensation exclusivity provision on demurrer. "[W]hen a complaint affirmatively alleges facts indicating that the [Workers' Compensation] Act applies, no civil action will lie, and the complaint is subject to a general demurrer unless it states additional facts that negate application of the exclusive remedy rule." (Arriaga v. County of Alameda (1995) 9 Cal.4th 1055, 1060,

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