National Automobile Insurance v. Industrial Accident Commission

SHENK, J. —

This is a proceeding to review an award of the Industrial Accident Commission. John G. Elston, a worker, was injured while in the employ of Arthur S. Hubbs. The petitioner had issued a policy of workmen’s compensation insurance to “Jesse Hubbs, Arthur S. Hubbs, and Herbert 0. Hubbs, jointly and not severally, a co-partnership.” The Industrial Accident Commission held the petitioner liable on the policy on the theory that the petitioner had waived or was estopped to invoke the clause, “and not severally” because of its conduct in past dealings and because of the knowledge of its…