Tamrac, Inc. v. California Ins. Guarantee Assn.

Opinion

VOGEL (C. S.), P. J.—

Introduction

In La Jolla Beach & Tennis Club, Inc. v. Industrial Indemnity Co. (1994) 9 Cal.4th 27 [36 Cal.Rptr.2d 100, 884 P.2d 1048] (hereafter La Jolla), the California Supreme Court held that because workers’ compensation benefits can never be awarded in a civil lawsuit for damages, there is no potential that a judgment in the civil suit can come within the indemnity provisions of a workers’ compensation insurance policy, and therefore a workers’ compensation insurance carrier has no duty to defend a civil suit against the insured. In the present case the trial…